AMENDMENTS TO CHARTER TOWNSHIP OF GARFIELD ZONING ORDINANCE

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Malcolm Bridges
5 years ago
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1 AMENDMENTS TO CHARTER TOWNSHIP OF GARFIELD ZONING ORDINANCE Amendment 1 to Ordinance No. 68 approved February 9, 2016 and effective February 28, 2016 provided for the following changes to the Zoning Ordinance: a. The establishment of Section 725 (Commercial District Housing Developments) and amendments to existing Sections 320, 321, and 322, to allow multiple-family residential developments as a Special Use Permit within the C-G General Commercial, C-H Highway Commercial, and C-P Planning Shopping Center zoning districts. b. An amendment to Section 313 (R-1 Residential) and to Section 325 (A - Agricultural) to allow Child Care facilities which provide care for up to 12 children as a use permitted subject to Special Conditions in the R-1, R-2, R-3, and R-R Residential Districts and in the A - Agricultural District. This amendment also includes changes to the review and approval criteria included in Section 719 (Child Care, Small Group Home (7-12)) of the Zoning Ordinance. c. An amendment to Section 777 (Supplemental Setbacks for PUD's, Mobile Home Developments and other Group Housing or Multi-Family Developments) to repeal multi-family developments and group housing developments from the list of uses which are subject to supplemental setback requirements. d. An amendment to Section 315 (R-3 Multi-Family Residential) to amend the required minimum lot area from 5,000 square feet to 4,000 square feet of overall lot area per dwelling unit. e. An amendment to Section 315.E (R-3 Multi-Family Residential Dimensional Standards) and to Section 312, Table 3-3 Dimensional Standards) to change the required minimum yard setbacks in the R-3 District from (front-siderear) to (front-side-rear). f. Various amendments to eliminate "Group Housing" development requirements and procedures, including: (1) An amendment to Section 315 (R-3 Multi-Family Residential) to eliminate Group Housing Developments as a use permitted by Special Use Permit in this district. (2) An amendment to Section 201 to eliminate the definition of "Group Housing." (3) An amendment to repeal Section 430 (Group Housing) in its entirety. (4) An amendment to Section 551 (Parking), Table 5-47 to eliminate Group Housing parking standards. g. An amendment to Section 321.D.2 (C-H Highway Commercial) to establish the Planning Commission as the review authority (rather than the Zoning Board of Appeals) for the purpose of determining traffic safety.

2 h. An amendment to Section 322.A (Planned Shopping Center) to add "Restaurants - not including drive-in or drive through" to the list of uses permitted in the district, and to amend Section 322.A(2) to read "Financial Institutions - with or without drive-through lanes." Amendment 2 to Ordinance 68 adopted May 24, 2016 and effective June 6, 2016 provided for the following changes to the zoning ordinance: Section 630.G Signs Permitted in C-P Planned Shopping Center Commercial Districts: In the C-P District the following signs shall be permitted: G. Signs Permitted in C-P Planned Shopping Center Commercial Districts: In the C-P District the following signs shall be permitted: (1) Signs permitted as of right. (a) One wall sign is permitted per exterior storefront. Tenants occupying corner spaces may utilize one sign per elevation with a maximum of two signs. The maximum wall sign area shall be the lesser of 100 square feet or 20% of the area to which the sign is attached. (b) One 100 square foot freestanding sign is permitted per public roadway that the development fronts on. (2) Any proposed sign(s) not meeting the standards in Paragraph (1) above may be approved by the Planning Commission if the Planning Commission determines that all of the following standards are met: (a) The proposed sign(s) shall be designed as an integral part of the development, with letter size and location proportional to the overall design. (b) The Planning Commission determines that the maximum sign standards of the C-P district do not provide for the reasonable use of the planned shopping center. (c) The proposed sign(s) is (are) appropriate for the site, compatible with surrounding land uses, and necessary for the reasonable use of the planned shopping center. (d) The permitted sign(s) is (are), in the determination of the Planning Commission, the minimum increase(s) necessary to ensure that the proposed sign(s) is appropriate in scale, bulk and location relative to the site and surrounding land uses. (e) All approved modifications from the required sign standards shall be specific to the sign(s) approved by the Planning Commission. (3) The following signs are Prohibited in the C-P District (and may not be approved by the Planning Commission pursuant to paragraph (2) above): (a) All signs described in 630.P. (b) Cabinet signs. (c) Changeable copy signs and Billboard signs. (d) Signs with exposed neon or other exposed lighting source.

3 Amendment 2 also included an addition to Section 201, Definitions, to define the term "exterior storefront. Exterior storefront: A building wall and entryway which provides direct public access to a tenant's retail space from outside of the overall structure. Amendment 2 also included an amendment to the legend of the Garfield Township Zoning Map to correct clerical errors by changing "A-1 Agricultural" to "A Agricultural" and by changing "C-P Planning Shopping" to "C-P Planned Shopping." Amendment No. 3 to Ordinance No. 68 Zoning Map adopted and effective provided for the following changes to the Zoning Map. The following described property situated in the Township of Garfield, Grand Traverse County, Michigan has been rezoned from A-1 Agricultural to R-1 M Multiple-Family Residential: THAT PART OF THE WEST HALF OF THE WEST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER (SW ¼) OF SECTION 23, T27N, R11W, DESCRIBED AS COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 23, THENCE N W FEET ALONG THE SOUTH LINE OF SAID SECTION 23 TO THE EAST LINE OF THE WEST HALF OF THE WEST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 23 AS MONUMENTED; THENCE ALONG SAID EAST LINE N W FEET TO THE POINT OF BEGINNING; THENCE N W FEET; THENCE N W FEET PARALLEL TO THE WEST EIGHTH LINE AS MONUMENTED; THENCE N W FEET; THENCE N W FEET PARALLEL TO SAID WEST EIGHTH LINE TO A POINT ON THE SOUTH LINE OF A PARCEL DESCRIBED AS THE NORTH 15 ACRES OF THE PART OF THE WEST ONE- HALF OF THE SOUTHWEST QUARTER OF SECTION 23, LYING EAST OF THE RAILROAD RIGHT-OF-WAY; THENCE S E FEET TO A POINT ON THE EAST LINE OF THE WEST HALF OF THE WEST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 23 AS MONUMENTED; THENCE S E FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING. CONTAINING ACRES OF LAND MORE OR LESS. SUBJECT TO ALL EASEMENTS, RESTRICTIONS, AND RESERVATIONS OF RECORD IF ANY. Amendment No. 4 adopted and effective provided for the following changes to the zoning ordinance: 1. THAT Article 6, Section 611, Accessory Uses and Structures, be amended to read in its entirety as follows:

4 SECTION 611 ACCESSORY USES AND STRUCTURES Accessory uses and structures may be established provided the following standards are met: A. Regulations and Conditions (1) WITHIN ALL DISTRICTS EXCEPT R-1, R-2, R-R AND A DISTRICTS: A use may be regarded as accessory if it is incidental or insubstantial in and of itself or in relation to the principal use. The accessory use or structure shall comply with the various development standards of this ordinance such as setbacks, clear vision areas, landscaping, height, lighting, etc. An accessory use shall not generate any effects on neighboring properties, including, but not limited to, noise, parking, traffic, glare, or dust, greater than or more burdensome than such impacts from the main use on the property. (2) WITHIN THE R-1, R-2, AND R-R DISTRICTS: Accessory buildings may be erected as part of the principal building or may be connected to it by a roofed-over porch, patio, breezeway, or similar structure, or they may be completely detached. If attached to the principal building, an accessory building shall be made structurally a part of it, and shall comply in all respects with the requirements applicable to the principal building. An accessory building not attached and not made a part of the principal building shall be permitted provided that: (a) The structure is located a minimum of ten (10) feet from any other separate structure on the same lot; (b) The structure meets the minimum side yard setback, is not located in any front yard, does not exceed more than twenty-five percent (25%) of a required rear yard, and is located a minimum of 10-feet from the rear yard property line; (c) The structure shall not exceed a size equal to the ground floor area of the principal building and shall not exceed one (1) story or eighteen (18) feet in height; and (d) The structure may not be placed closer to the side street lot line than the side yard setback of the principal building on a corner lot. (3) WITHIN THE A AGRICULTURAL DISTRICT: (a) Lots measuring less than two (2) acres: subject to the standards of Paragraph (2), above. (b) Lots of two (2) acres or more: subject to the dimensional standards of 325 A Agricultural (See Attached Dimensional Standards). Amendment No. 5 adopted and effective provided for the following changes to the zoning ordinance: Amendment No. 5 to the Charter Township of Garfield Zoning Ordinance No. 68 includes, in brief, the following:

5 2. THAT Article 6, Section 630.J, Planned Development Signs, be amended to read in its entirety as follows: (1) Signs allowed as by right. The greater of: (a) All signs permitted by the underlying zoning district, and subject to the same limitations thereof. (b) Freestanding signs. i. One (1) development sign of not more than 40 (forty) square feet in sign face area per development entry. (c) Wall signs. One (1) primary forty (40) square foot wall sign for each approved non-residential structure, plus one (1) secondary twenty (20) square foot wall sign. (2) Signs which may be approved by the Planning Commission as a routine agenda item: (a) Internal directional signs of not more than six (6) square feet in sign face area. Such signs shall be located at logical locations such as service drive intersections or service drive / drive aisle intersections. The location and quantity of said signs shall be subject to Planning Commission approval and clearly indicated on an overall site plan. (3) Signs which may be allowed subject to Planning Commission approval following a public hearing: The Planning Commission shall have the authority to increase the maximum wall sign standards permitted under subsection (1), above, based upon appropriate findings of fact demonstrating that each of the following criteria are met: (a) The maximum sign standards of subsection (1) do not provide for the reasonable use of the parcel as provided for within the planned unit development. (b) The proposed modification is appropriate for the site, compatible with surrounding land uses, and necessary for the reasonable use of the parcel as provided for within the planned unit development. (c) The increase in permitted sign standards are, in the determination of the Planning Commission, the minimum increase(s) necessary to ensure that the proposed sign(s) is appropriate in scale, bulk and location relative to the site and surrounding land uses. (d) All approved modifications from the required sign standards shall be specific to the sign(s) approved by the Planning Commission. (e) The requested increase in wall sign area shall not exceed fifty (50) percent over that allowed in Subsection (1) or the underlying zoning district, whichever is greater. (4) The following signs are Prohibited in Planned Developments (and may not be approved by the Planning Commission pursuant to paragraph (2) above): (e) (f) (g) All signs described in 630.P. Changeable copy signs and Billboard signs. Signs with exposed neon or other exposed lighting source (excepting "gooseneck" style downward illumination of non-internally illuminated signs). 3. THAT Article 6, Section 630.G, Signs Permitted in C-P Planned Shopping Center Commercial Districts, be amended to read in its entirety as follows:

6 In the C-P District the following signs shall be permitted: (1) Signs permitted as of right. (c) One (1) wall sign is permitted per exterior storefront. Tenants occupying corner spaces may utilize one sign per elevation with a maximum of two signs. The maximum wall sign area shall be the lesser of 100 square feet or 20% of the area to which the sign is attached. (d) One (1) 100 square foot freestanding sign is permitted per public roadway for the specific development. (2) Signs which may be approved by the Planning Commission as a routine agenda item: (a) Internal directional signs of not more than six (6) square feet in sign face area. Such signs shall be located at logical locations such as service drive intersections or service drive / drive aisle intersections. The location and quantity of said signs shall be subject to Planning Commission approval and clearly indicated on an overall site plan. (3) Any proposed sign(s) not meeting the standards in Paragraph (1)(a) above may be approved by the Planning Commission if the Planning Commission determines that all of the following standards are met: (f) The proposed sign(s) shall be designed as an integral part of the development, with letter size and location proportional to the overall design. (g) The Planning Commission determines that the maximum sign standards of the C-P district do not provide for the reasonable use of the planned shopping center. (h) The proposed sign(s) is (are) appropriate for the site, compatible with surrounding land uses, and necessary for the reasonable use of the planned shopping center. (i) The permitted sign(s) is (are), in the determination of the Planning Commission, the minimum increase(s) necessary to ensure that the proposed sign(s) is appropriate in scale, bulk and location relative to the site and surrounding land uses. (j) All approved modifications from the required sign standards shall be specific to the sign(s) approved by the Planning Commission. (k) The requested increase in wall sign area shall not exceed fifty (50) percent over that allowed in Subsection (1)(a). (4) The following signs are Prohibited in the C-P District (and may not be approved by the Planning Commission pursuant to paragraph (2) (3) above): (a) All signs described in 630.P. (b) Cabinet signs. (c) Changeable copy signs and Billboard signs. (d) Signs with exposed neon or other exposed lighting source. 4. THAT Article 6, Section 630.K, Comprehensive Sign Plan, be eliminated in its entirety and replaced with Section 630.K (Reserved). 5. THAT proposed Article 1, Section 108, Concurrent Applications Prohibited, be adopted to read in its entirety as follows:

7 SECTION 108 CONCURRENT APPLICATIONS PROHIBITED Any procedure requiring review pursuant to Article 4 of this Ordinance shall be permitted one pending application, per parcel or parcels under the same ownership, at a time. Concurrent applications for review pursuant to Article 4 shall be prohibited." 6. THAT Article 4, Section 426.F, PUD Amendments, be amended to read in its entirety as follows: Section 426.F, PUD Amendments Amendments to an approved Planned Unit Development shall be considered according to the review procedure of 423.G and the review criteria of 426.E(4) of this ordinance. 7. THAT Article 4, Section 427.E, PUD Amendments, be amended to read in its entirety as follows: Section 427.E, PUD Amendments Amendments to an approved Planned Unit Residential Development shall be considered according to the review procedure of 423.G and the review criteria of 427.D(4) of this ordinance.

Accessory Buildings (Portion pulled from Town Code Updated 2015)

Accessory Buildings (Portion pulled from Town Code Updated 2015) SECTION 1: TITLE 13 entitled Zoning, Chapter 2 entitled General Provisions, Section 13-2-10 entitled Building Location, Subsection 13.2.10(b)