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Orion Township


PROPOSED ORDINANCE ADOPTION AMENDMENT TO ORD. 78, ZONING ORDINANCE ARTICLES X, XV, XVI, XVII, XVIII & XXVI AND ADDING ARTICLE XXXV LAPEER ROAD OVERLAY



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August 13, 2014 - NOTICE

CHARTER TOWNSHIP OF ORION

PROPOSED ORDINANCE ADOPTION AMENDMENT TO ORD. 78, ZONING ORDINANCE ARTICLES X, XV, XVI, XVII, XVIII & XXVI AND ADDING ARTICLE XXXV LAPEER ROAD OVERLAY

The Charter Township of Orion Board of Trustees, at the regular meeting of Tuesday, September 2, 2014, to be held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, proposes to adopt an ordinance amending the Zoning Ordinance No. 78, Articles X, XV, XVI, XVII, XVIII and XXVI; and adding Article XXXV, for the Charter Township of Orion, Michigan; changing the text in Sections 10.04, 10.06, 15.02, 16.03, 17.04, 17.05, 17.06, 18.03, 18.05, 18.06 and 26.01; adding new Sections 35.00 through 35.04; 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 X, XV, XVI, XVII, XVIII and XXVI are amended by adding the herein after language in the Articles as follows:

ARTICLE V – Single Family Residential (SF, SE & SR)

* * *

Section 10.04 – Special Land Uses

The following uses shall be permitted as special land uses in the Office and Professional 2 District (OP-2) subject to the standards and requirements set forth herein and subject to the standards and approval requirements as provided for in Section 30.02:

* * *

I. Uses as listed below are allowed as a special land use on parcels within the Lapeer Road Overlay Zone. These uses are to be complementary to the Office and Professional zoning district, and may include such uses as:

1. Showrooms for kitchen, bath, household fixtures, household furniture or other retail activities associated with fabrication, assembly processing, or wholesaling. Products retailed shall be a minor part of the principal use activity. Retail floor area shall not exceed thirty percent (30%) of the total floor area.

2. Automotive retail and service facilities, such as trailer hitches, car stereo, window tinting, and similar uses.

3. Automotive repair, paint and body shop, collision shop.

4. Automobile dealership, repair, service center, and used car facilities.

5. Equipment repair and sales, such as recreational vehicles, lawn equipment, power tools, and construction equipment.

6. Mini-storage and warehousing.

7. Restaurants, including drive-through restaurants.

8. Churches.

9. Hotels and motels.

10. Uses similar to the above, in accordance with 27.02(E), and which will not create adverse impacts to surrounding uses.

* * *

Section 10.06 – Area and Bulk Requirements* (Applies to Principal and Accessory Uses)

* Except for general hospitals and veterinary clinics.

** Within the Lapeer Road Overlay District, building height shall not exceed fifty (50) feet. However, if a building exceeds twenty-five (25) feet in height, rear yard and side yard setbacks shall increase by ten (10) feet for a total of sixty (60) feet side yard and sixty (60) feet rear yard. Front yard setbacks within the Lapeer Road Overlay District shall be a minimum of fifty (50) feet.

* * *

ARTICLE XV – General Business 2 (GB-2)

* * *

Section 15.02 – Special Land Uses

The following uses shall be permitted as special land uses in the General Business 2 (GB-2) District, subject to the standards and approval requirements as provided for in Section 30.02:

* * *

I. Uses as listed below are allowed as a special land use on parcels within the Lapeer Road Overlay Zone. These uses are to be complementary to the General Business 2 zoning district, and may include such uses as:

1. Showrooms for kitchen, bath, household fixtures, household furniture, with on-site fabrication processing or wholesaling.

2. Mini-storage and warehousing.

3. Churches.

J. I. Uses similar to the above, in accordance with 27.02(E), and which will not create adverse impacts to surrounding uses.

* * *

ARTICLE XVI – Limited Industrial 1 (LI-1)

* * *

Section 16.03 – Special Land Uses

The following uses shall be permitted as special land uses in the Limited Industrial I District (LI-1), subject to the standards and requirements set forth herein and subject to the standards and approval requirements as provided in Section 30.02:

* * *

B. Uses as listed below are allowed as a special land use on parcels within the Lapeer Road Overlay Zone. These uses are to be complementary to the Limited Industrial 1 zoning district, and may include such uses as:

1. Showrooms for kitchen, bath, household fixtures, household furniture or other retail activities associated with fabrication, processing, or wholesaling. Products retailed shall be a minor part of the principal use activity. Retail floor area shall not exceed thirty percent (30%) of the total floor area.

2. Automotive retail and service facilities, such as trailer hitches, car stereo, window tinting, and similar uses.

3. Automotive repair, paint and body shop, collision shop.

4. Equipment repair and sales, such as recreational vehicles, lawn equipment, power tools, and construction equipment.

5. Mini-storage and warehousing.

6. Restaurants, including drive-through restaurants.

7. Churches.

8. Automobile dealership, repair, service center, and used car facilities.

9. Hotels and motels.

10. Uses similar to the above, in accordance with 27.02(E), and which will not create adverse impacts to surrounding uses.

C. Outside storage or display within the Lapeer Road Overlay Zone, shall be setback at least fifty (50) feet from Lapeer Road and shall contain landscape screening or fencing in accordance with Section 27.05.A.5.

* * *

ARTICLE XVII – Limited Industrial 2 (LI-2)

* * *

Section 17.04 – Special Land Uses

The following uses shall be permitted as special land uses in the Limited Industrial 2 District (LI-2), subject to the standards and requirements set forth herein and subject to the standards and approval requirements as provided in Section 30.02:

* * *

E. Uses as listed below are allowed as a special use on parcels within the Lapeer Road Overlay Zone. These uses are to be complementary to the LI-2 zoning district, and may include such uses as:

1. Showrooms for kitchen, bath, household fixtures, household furniture or other retail activities associated with fabrication, processing, or wholesaling. Products retailed shall be a minor part of the principal use activity. Retail floor area shall not exceed thirty percent (30%) of the total floor area.

2. Automotive retail and service facilities, such as trailer hitches, car stereo, window tinting and similar uses.

3. Automotive repair, paint and body shop, collision shop.

4. Equipment repair and sales, such as recreational vehicles, lawn equipment, power tools, construction equipment.

5. Mini-storage and warehousing.

6. Veterinary clinics and animal boarding.

7. Banks and credit unions, with or without drive-through facilities.

8. Restaurants, including drive-through restaurants.

9. Churches.

10. Hotels and motels.

11. Uses similar to the above, in accordance with 27.02(E), and which will not create adverse impacts to surrounding uses.

* * *

Section 17.05 – Required Conditions

All activities and uses in this District shall comply with the following required conditions, except where an existing building is legally in nonconformance with certain conditions, or where a variance from the conditions has been legally granted by the Zoning Board of Appeals.

* * *

B. Outside Storage.

* * *

5. Outside storage or display within the Lapeer Road Overlay District shall be located at least five hundred (500) feet from a residential zoning district. Outside storage or display located along the Lapeer Road right-of-way shall be setback at least fifty (50) feet and shall be screened with landscaping and/or fencing in accordance with Section 27.05.A.5.

* * *

Section 17.06 – Area and Bulk Requirements (Applies to Principal and Accessory Uses)

** Within the Lapeer Road Overlay District, building height shall not exceed fifty (50) feet. However, if a building exceeds twenty-five (25) feet in height, rear yard and side yard setbacks shall increase by ten (10) feet for a total of thirty-five (35) feet side yard and thirty-five (35) feet rear yard.

* * *

ARTICLE XXVIII – Industrial Park (IP)

* * *

Section 18.03 – Special Land Uses

The following uses shall be permitted as special land uses in the Industrial Park District (IP), subject to the standards and requirements set forth herein and subject to the standards and approval requirements as provided in Section 30.02:

* * *

B. Uses as listed below are allowed as a special land use on parcels within the Lapeer Road Overlay Zone. These uses are to be complementary to the IP zoning district, and may include such uses as:

1. Showrooms for kitchen, bath, household fixtures, household furniture or other retail activities associated with fabrication, processing, or wholesaling. Products retailed shall be a minor part of the principal use activity. Retail floor area shall not exceed thirty (30%) percent of the total floor area.

2. Automotive retail and service, such as trailer hitches, car stereo, window tinting and similar uses.

3. Automotive repair, paint and body shop, collision shop.

4. Equipment repair and sales, such as recreational vehicles, lawn equipment, power tools, construction equipment.

5. Mini-storage and warehousing.

6. Veterinary clinics and animal boarding.

7. Banks and credit unions, with or without drive-through facilities.

8. Restaurants, including drive-through restaurants.

9. Churches.

10. Hotels and motels.

11. Uses similar to the above, in accordance with 27.02(E), and which will not create adverse impacts to surrounding uses.

* * *

Section 18.05 – Required Conditions

All activities and uses in this District shall comply with the following required conditions, except where an existing building is legally in nonconformance with certain conditions, or where a variance from the conditions has been legally granted by the Zoning Board of Appeals.

A. Site Plan Approval. The proprietor shall submit a site plan for approval pursuant to the requirements set forth in Section 30.01 of the Zoning Ordinance.

B. Outside Storage.

* * *

5. Outside storage or display within the Lapeer Road Overlay District shall be located at least five hundred (500) feet from a residential zoning district. Outside storage or display located along the Lapeer Road right-of-way shall be setback at least fifty (50) feet and shall be screened with landscaping and/or fencing in accordance with Section 27.05.A.5.

* * *

Section 18.06 – Area and Bulk Requirements (Applies to Principal and Accessory Uses)

*** Within the Lapeer Road Overlay District, building height shall not exceed fifty (50) feet. However, if a building exceeds twenty-five (25) feet in height, rear yard and side yard setbacks shall increase by ten (10) feet for a total of thirty (30) feet side yard and sixty (60) feet rear yard.

* * *

ARTICLE XXVI – Schedule of Regulations

* * *

SECTION 2 of Ordinance

Pursuant to the provisions of the Michigan Zoning Enabling Act, pursuant to all applicable provisions of law, Article XXXV is added as follows:

ARTICLE XXXV – Lapeer Road Overlay District

Section 35.00 – Preamble

The purpose of the Lapeer Road Overlay District shall be to allow a greater range of land use options for those areas as designated on the Charter Township of Orion zoning map. Selected commercial uses are allowed as a special use within the overlay district. These uses are viewed as support commercial land uses which will complement the primary office and industrial function of those areas within the overlay district.

Section 35.01 – Principal Uses Permitted

(Please refer to the designated zoning within the overlay district.)

Section 35.02 – Accessory and Special Land Uses

(Please refer to the designated zoning within the overlay district.)

Section 35.03 – Planned Unit Development

Uses listed below may be allowed within a planned unit development project, in accordance with Section 30.03. Allowable uses shall also have frontage on Dutton Road.

A. Showrooms for kitchen/bath/household fixtures associated with manufacturing.

B. Automotive retail and service, such as trailer hitches, car stereo, window tinting and similar uses.

C. Automotive repair, paint and body shop, collision shop.

D. Equipment repair and sales, such as recreational vehicles, lawn equipment, power tools, construction equipment.

E. Mini-storage and warehousing.

F. Veterinary clinics and animal boarding.

G. Banks and credit unions, with or without drive-through facilities.

H. Restaurants, including drive-through restaurants.

I. Churches.

J. Hotels and motels.

K. Large-scale retail exceeding 55,000 square feet.

L. Uses similar to the above, in accordance with 27.02(E), and which will not create adverse impacts to surrounding uses.

Section 35.04 – Development Standards

Buildings and uses in the Lapeer Road Overlay Zoning District shall comply with the following requirements:

A. Site Design

1. Building Orientation

a. Buildings with customer entrances shall orient such entrances towards Lapeer Road.

b. Buildings shall be arranged and oriented so that loading docks, outdoor storage, trash collection and processing, HVAC equipment, truck parking and servicing areas and other service functions are not visible from Lapeer Road.

2. Connectivity. The site design must provide direct connections to adjacent land uses. Where feasible, secondary access roads or driveway connections shall be provided.

3. Pedestrian Circulation

a. Safety paths shall be provided in accordance with the Safety Path Ordinance No, 97.

b. Internal sidewalks of no less than five (5) feet in width shall be provided connecting the safety paths to the principal customer entrances and adjacent to all parking areas. No less than ten (10) feet shall exist between the building faηade and the planting bed for foundation plantings.

4. Parking

Parking and parking lot design should comply with Section 27.04 in its entirety, and the following standards:

a. Parking Requirements. Parking requirements shall be based upon the following schedule:

1) One (1) parking space per two hundred (200) square feet of gross floor area for general retail uses, personal services, banks, offices, auto sales, etc.

2) One (1) parking space per one hundred (100) square feet of gross floor area for restaurants.

3) One (1) parking space per one thousand (1,000) square feet of gross floor area for industrial/manufacturing-related uses.

b. The Planning Commission may, at their discretion, modify the numerical requirements for off-street parking based on evidence provided by the applicant that indicates another standard would be more reasonable, because of the level of current or future employment, and/or the level of current or future customer traffic.

c. Front Yard Parking. The number of parking spaces located within the front yard shall be limited to a maximum of fifty percent (50%) of the total parking provided for the site unless modified by the Planning Commission. Parking should be located to the rear or side of the building to the greatest extent possible.

d. Setbacks. No parking area or driveway shall be closer than twenty (20) feet to all adjacent property lines. The required setback for parking may be reduced in width or waived by the Planning Commission, subject to landscaping or screening requirements.

5. Loading and Unloading

a. Loading and unloading areas shall be located in the rear or side yard.

b. Loading and unloading areas shall not be located where they will interfere with parking or obstruct ingress or egress.

c. All loading and unloading areas shall be in conformance with the requirements set forth in Section 27.04.

6. Lighting

a. Compliance with Section 27.11. A lighting plan shall be submitted with all site plans as set forth in Section 27.11 of this Ordinance. All other Zoning Ordinance regulations for lighting shall apply unless otherwise noted in this Ordinance.

b. Exterior site lighting shall be fully shielded and directed downward to prevent off-site glare.

7. Landscaping

a. A landscape plan shall be submitted to the Planning Commission for approval. The landscape plan shall specify materials and landscape treatment, based on the requirements of Section 27.05 of this Ordinance for such items. This landscape plan shall be part of, or accompany, the site plan.

b. A landscaped greenbelt of at least twenty (20) feet in width in the front and rear yards and fifteen (15) feet in width in the side yards shall be provided in the Lapeer Road Overlay District, except where ingress or egress drives are located. The greenbelt shall comply with the standards outlined in Section 27.05.A.4

c. Interior parking lot landscaping shall comply with Section 27.05.A.6.

d. All landscaping and screening shall be maintained in an attractive, liter-free, safe, and healthy condition. Maintenance of all landscaping shall be of sufficient frequency to prevent overgrowth and deterioration from the original condition.

e. The Planning Commission may, at their discretion, modify or waive certain landscaping requirements in accordance with the considerations outlined in Section 27.05.

8. Tree Preservation Regulations. The tree permit requirements apply to developments within the Lapeer Road Overlay District, according to the terms of Section 27.12.

9. Wetland Setbacks. The wetland setback requirements apply to all developments in the Lapeer Road Overlay District, according to the terms of Section 27.12

10. Noise. Regulations regarding the abatement and control of excessive noise are found within the Charter Township of Orion Noise Ordinance No. 135.

B. Design Standards

1. Facades and Exterior Walls:

a. Facades greater than one hundred (100) feet in length, measured horizontally, shall incorporate projections or recesses, neither of which shall exceed one hundred (100) horizontal feet.

b. Ground floor facades that face public streets shall have arcades, display windows, entry areas, awnings or other such features along no less than fifty percent (50%) of their horizontal length.

c. Building facades must include repeating patterns of color, texture, and architectural or structural bays of twelve (12) inches in width (i.e. offsets, reveals or projecting ribs).

2. Building Entrances

a. Each principal building shall have clearly defined, highly visible customer entrances consisting of a variety of architectural features such as:

1) Canopies, porticos or overhangs;

2) Recesses/projections;

3) Raised corniced parapets over the door;

4) Peaked roof forms;

5) Display windows;

6) Integrated tile work and moldings;

7) Integral planters;

8) Pavement/material changes for pedestrian cross walks.

3. Roofs

a. Flat Roofs

1) Incorporate parapets to conceal rooftop equipment from public view. The heights of the parapets shall not exceed one-third (1/3) of the height of the supporting wall.

b. Pitched Roofs

1) Provide overhanging eaves that extend no less than three (3) feet past the supporting walls.

2) The average slope shall be one (1) Foot of vertical rise for three (3) feet of horizontal run.

4. Materials and Colors

a. Predominant exterior building materials shall be high quality material, including, but not limited to brick, stone, and integrally tinted/textured concrete masonry units.

b. Faηade colors shall be low reflectance, subtle, neutral or earth tone colors. The use of high-intensity colors, metallic colors, black or fluorescent colors shall be prohibited.

c. Building trim and accent areas may feature brighter colors, including primary colors, but neon tubing shall not be an acceptable feature for building trip or accent areas.

d. Exterior building materials shall provide texture on at least fifty percent (50%) of the faηade, but shall not completely consist of smooth-faced concrete block, tilt-up concrete panels or prefabricated steel panels.

5. Covered Trash Areas

a. Covered trash receptacles shall be surrounded on three (3) sides by masonry brick-type walls one (1) foot higher than the receptacle in the rear yard of the building or principal use structure.

b. The fourth side of the trash receptacle enclosure shall be equipped with an opaque lockable gate that is the same height as the brick-type wall.

c. The Planning Commission may, at their discretion, waive the requirements for a covered trash receptacle as described herein, if, after considering the nature of the operation being proposed, the Commission determines that the amount of trash generated can be adequately disposed of without use of an outside trash receptacle.

6. Screening for Mini-Storage/Warehousing

a. Individually accessed storage doors for mini-storage facilities shall be screened from view from any public right of way. Loading and unloading areas for warehouses shall be in the rear or side yard unless modified by the Planning Commission as part of a special land use approval.

C. Performance Bond Requirement. The Planning Commission shall require a performance bond to be deposited with the Township Clerk in accordance with the provisions set forth in Section 30.09, to ensure that necessary and required improvements proposed on the site plan will be completed.

D. The Planning Commission shall have the authority to waive or modify the standards of Section 35.03 and 35.04 upon consideration of the following:

1. The standards of this Section would prevent reasonable use of the site.

2. Existing site design including architecture, parking, driveways, etc. are placed in a manner which makes application of standard impractical.

3. Limited lot area and the arrangement of existing features provide inadequate space to accommodate design requirements.

4. Other design constraints and considerations as defined by the Planning Commission.

SECTION 3 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 4 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 5 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 6 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 XX day of September 2014, and ordered to be given publication in the manner prescribed by the Charter of the Township of Orion.

Copies of the proposed Ordinance are on file in the office of the Township Clerk, 2525 Joslyn Road, Lake Orion, Michigan, 48360, and may be examined during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday. Written comments may be submitted before the meeting to Penny S. Shults, Clerk, at the address listed above.

Penny S. Shults, Clerk

Charter Township of Orion

Publish: 08.13.14

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