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Independence Township


First Reading of a Text Amendment to the Zoning Ordinance



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May 26, 2010 - NOTICE IS HEREBY GIVEN that at its regular meeting on May 18, 2010, the Charter Township of Independence Board of Trustees approved a First Reading of a Text Amendment to the Zoning Ordinance. The following is the proposed Ordinance Amendment:

STATE OF MICHIGAN

COUNTY OF OAKLAND

CHARTER TOWNSHIP OF INDEPENDENCE

ORDINANCE NO. 83A-10-____

TEXT AMENDMENT TO ZONING ORDINANCE

An Ordinance to amend THE township zoning Ordinance no. 83, being chapter 50 of the Charter Township of Independence code, for the purposes of AMENDING SECTION 50-4 TO ADD A DEFINITION OF THE TERM "MOTOR VEHICLE FUELING STATION" AND TO AMEND SECTION 50-539 TO ALLOW MOTOR VEHICLE FUELING STATIONS AS A SPECIAL LAND USE IN THE C-2 PLANNED SHOPPING CENTER DISTRICT, SUBJECT TO CERTAIN RESTRICTIONS.

THE CHARTER TOWNSHIP OF INDEPENDENCE ORDAINS AS FOLLOWS:

Section 1 of Ordinance

Ordinance Amendment. The Charter Township of Independence Zoning Ordinance No. 83, as amended, being Chapter 50 of the Independence Charter Township Code, is amended such that the following definition of "motor vehicle fueling station" shall be added, in alphabetical order, to the existing definitions contained Article I, "In General," Section 50-4, "Definitions":

Motor vehicle fueling station means a facility limited to retail sales of gasoline, motor oil, lubricants, and travel aides, and may include convenience food and beverages, but shall not include a restaurant and/or drive-through facility.

Section 2 of Ordinance

Ordinance Amendment. The Charter Township of Independence Zoning Ordinance No. 83, as amended, being Chapter 50 of the Independence Charter Township Code, is amended such that Article III, "Districts," Division 14, "C-2 Planned Shopping Center," Section 50-539, "Special Land Uses in Accordance With Section 50-848" shall read as follows:

Section 50-539. Special Land Uses in Accordance With Section 50-848.

The following special land uses shall be permitted in the C-2 planned shopping center district subject to the requirements and standards of section 50-848 and all other standards of this chapter:

(1)   Any permitted principal use that exceeds 75,000 square feet in gross floor area;

(2)   Drive-through restaurants;

(3)   Bar/lounge;

(4)   Hotels and motels; and

(5) Motor vehicle fueling stations that are incidental to principal retail use located within a planned shopping center, subject to all of the following:

(a) The portion of the site occupied by the motor vehicle fueling station shall not exceed five percent (5%) or one (1) acre, whichever is less, of the planned shopping center site.

(b) A single building servicing the fuel islands that does not exceed one thousand (1,000) square feet in size shall be permitted.

(c) Access to the motor vehicle fueling station shall be provided solely from drives which are internal to the planned shopping center. Separate access from the motor vehicle fueling station to a public road shall be prohibited.

(d) Vehicular access to and circulation within the motor vehicle fueling station site shall control the flow of traffic and be arranged in a manner that will not create a hazard to motorists and pedestrians.

(e) Canopy and building design and materials shall be compatible with and visually complement the design of the planned shopping center. All sides of the building shall be of a consistent architectural style and constructed of similar materials.

(f) Exterior lighting shall comply with the standards set forth in Section 50-851(i). Canopy lighting shall be recessed.

(g) In addition to meeting all applicable requirements of Section 50-846, the perimeter boundary of the fueling station site shall be defined with curbing and landscaping.

Section 3 of Ordinance

Severability. If any section, clause or provision of this Ordinance shall be declared to be unconstitutional, void, illegal or ineffective by any Court of competent jurisdiction, such section, clause or provision declared to be unconstitutional, void or illegal shall thereby cease to be a part of this Ordinance, but the remainder of this Ordinance shall stand and be in full force and effect.

Section 4 of Ordinance

Savings. Except as expressly set forth above, the Zoning Ordinance shall remain in full force and effect. All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this ordinance takes effect are saved and may be consummated according to the law in force when they were commenced.

Section 5 of Ordinance

Effective. This ordinance shall be effective on the date provided by applicable law following publication.

CHARTER TOWNSHIP OF INDEPENDENCE

By: Shelagh VanderVeen, Township Clerk

Published: 5/26/2010

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