NOTICE IS HEREBY GIVEN, That at a regular meeting of the Charter Township of Independence Board of Trustees held on June 19, 2018, the Township Board approved a Second Reading and Adopted an Ordinance to Amend Sections 2.02, 4.23(B), 9.04(B), 13.05(F) of the Zoning Ordinance.

STATE OF MICHIGAN

COUNTY OF OAKLAND

CHARTER TOWNSHIP OF INDEPENDENCE

ORDINANCE NO. 2018-50-002

ORDINANCE AMENDING ZONING ORDINANCE

(Text Amendments to Zoning Ordinance)

An Ordinance to amend the following Sections of Chapter 50, “Zoning Ordinance,” of the Independence Charter Township Code:  Section 2.02 “Definitions” to add a new definition of the term, “commercial indoor recreation facility”; Section 4.23 “ML Limited Industrial Zoning District” to add a new subsection 8 allowing commercial indoor recreational facilities as a permitted principal use; Section 9.04, “Sashabaw Town Center Overlay District” to delete the requirement for Township Board approval and require only Planning Commission approval; and Section 13.05, “Nonconforming Lots of Record” to delete the prohibition of ZBA variances for side yard setbacks of less than 5 feet.

THE CHARTER TOWNSHIP OF INDEPENDENCE ORDAINS AS FOLLOWS:

Section 1 of Ordinance

Chapter 50, “Zoning Ordinance,” Article 2, “Definitions,” Section 2.02, “Definitions,” of the Independence Charter Township Code is hereby amended to add the newly defined term “commercial indoor recreational facility” in alphabetical order with all other existing definitions, which newly defined term shall read as follows:

Commercial Indoor Recreation Facility. An enterprise conducted entirely within a building, which receives a fee in return for the provision of some recreational activity. Such activities and facilities include, but are not limited to, racquetball, tennis courts, gymnasiums, swimming pools, skating rinks, performance studios, indoor skateboard parks, climbing facilities, indoor driving ranges, batting cages, firing ranges, basketball courts, indoor soccer fields and similar activities or facilities. Such facilities may provide ancillary accessory uses such as pro shops or snack bars.

Section 2 of Ordinance

Chapter 50, “Zoning Ordinance,” Article 4, “District Regulations,” Section 4.23, “ML Limited Industrial Zoning District,” of the Independence Charter Township Code is hereby amended to add a new subsection 4.23.B.8 to read as follows:

SECTION 4.23 ML LIMITED INDUSTRIAL

1. Intent. [Unchanged].
2. Permitted Principal Uses. Permitted principal uses in the ML limited industrial district include the following:
3. Data processing and computer centers, including sales, service and maintenance of data processing equipment.
4. Warehousing, refrigerated and general storage, except that there shall be no outdoor storage.
5. Manufacturing or assembly of professional, scientific and controlling instruments, photographic and optical goods.
6. Experimental or testing laboratories.
7. Basic research, design, and pilot or experimental product development.
8. Executive, administrative, professional, accounting, writing, clerical, stenographic, drafting, and sales offices.
9. Printing and publishing and allied industries.
10. Commercial indoor recreation facility, such as but not limited to golf driving ranges, athletic fields and indoor gymnasiums.
11. Special Land Uses. [Unchanged].
12. Area, Height, Bulk, and Placement Requirements. [Unchanged].
13. Special Development Standards. [Unchanged].

Section 3 of Ordinance

Chapter 50, “Zoning Ordinance,” Article 9, “Planned Districts, Overlay Districts, and Other Special Development Regulations,” Section 9.04, “Sashabaw Town Center Overlay District,” of the Independence Charter Township Code is hereby amended to change subsection 9.04.B to read as follows:

SECTION 9.06 SASHABAW TOWN CENTER OVERLAY DISTRICT

1. Intent and Purpose. [Unchanged].
2. Applicable Area and Requirements of the Town Center Overlay District. The “Sashabaw Town Center Overlay District” (sometimes also referred to in this section as the “town center” or “area”) encompasses the area as illustrated in the Sashabaw Town Center District Overlay Map which is attached as an amendment to and made part of the official zoning map of the Township.
3. All developments within the Sashabaw Town Center Overlay District shall be submitted for approval in accordance with the standards and procedures set forth in this Ordinance; provided, however, that all development of property within the Sashabaw Town Center Overlay District shall comply with the standards and requirements of this section in addition to all other regulations under this Ordinance. The standards and requirements of this section are in addition to and supplement all other regulations under this Ordinance, which remain applicable to the extent that they do not expressly conflict with the provisions of this section. To the extent a Township official or body reviewing a plan or application under this Ordinance determines in its discretion that a conflict exists between the standards under this section and those of other sections of this Ordinance, the standards under this section shall apply.
4. The following uses shall not be required to be treated as a planned unit development or special land use, but shall otherwise be subject to the requirements of this section:
5. Uses located within the IOP industrial office park district; or
6. Uses existing at the time of adoption of this section for which there is an approved and effective site plan.
7. Unless submitted as a planned unit development under Section 9.02, all development of property within the Sashabaw Town Center Overlay District, except as noted in subsection 2.b. of this section, shall require the grant of special land use approval and site plan approval. Both of such approvals may be sought and obtained concurrently upon request of the property owner and approval of such request by the Planning Commission. Subject to the specific provisions of this section, special land use approval and site plan approval shall be based upon the standards and procedures set forth in Articles 6 and 7, respectively.
8. With respect to the town center area, the standards and requirements of this section d. are in addition to and supplement all other regulations under this Ordinance, which remain applicable to the extent that they do not expressly conflict with the provisions of this section. To the extent the Planning Commission determines in its discretion that a conflict exists, the provisions of this section shall apply.
9. Permitted Uses and Structures within the Town Center Overlay District. [Unchanged].
10. Town Center Design Guidelines and Other General Design Principles and Standards Within the Town Center Overlay District. [Unchanged].
11. Specific Design Standards within the Town Center Overlay District. [Unchanged].

Section 4 of Ordinance

Chapter 50, “Zoning Ordinance,” Article 13, “Nonconforming Lots, Uses, and Structures,” Section 13.05, “Nonconforming Lots of Record,” of the Independence Charter Township Code is hereby amended to delete subsection 13.05(F) and read as follows:

SECTION 13.05 NONCONFORMING LOTS OF RECORD

1. This section applies to those districts in which single-family residential is the principal permitted use and is intended to provide relief for the owners of nonconforming lots of record where said lot or lots in combination do not meet the minimum standards of this Ordinance. It is not intended that this section be used to permit construction of a dwelling on all nonconforming lots of record; it is recognized that some such lots are simply too small to permit the construction of an adequate dwelling, the storage of family automobiles, (in recognition of the fact that on street parking is not desirable) the maintenance of sufficient open space to permit fire protection and reasonable light and air, as well as room and views to permit and encourage property maintenance.
2. All nonconforming lots of record shall have required side yard setbacks of at least one (1) side of five (5) feet, and a total on two (2) sides of fifteen (15) feet.
3. No permit shall issue hereunder, except as provided in subsection D. of this section, except with approval of the Board of Appeals after public hearing in accordance with Article 14. The application to the Board of Appeals shall simply state, Nonconforming Lot of Record,” and the Board of Appeals shall permit the use of such nonconforming lot or lots if it finds that the following standards have been met:
4. Permits shall not issue hereunder unless the construction that will result from the issuance of said permits will be in keeping with the general character of the neighborhood in which the construction will take place;
5. The proposed use will not have an adverse effect on adjoining and nearby property owners;
6. Subject to the above, where the owner of a nonconforming lot of record cannot reasonably acquire sufficient land to enable him or her to conform to the requirements of this Ordinance relating to lot area, lot width, or both, such nonconforming lot of record may be used by such owner as a building site; provided that such owner meet such conditions as required by the Board of Appeals; and
7. The nonconforming lot of record shall meet all other requirements of this Ordinance, which requirements for the purpose of this section shall be deemed to include reasonable provisions for automobile parking.
8. For the purpose of maintaining building sites in compliance or near compliance with this Ordinance in those instances where the same owner has adjoining nonconforming lots of record, the following regulations shall apply:
9. Where two (2) abutting lots of record or portions thereof are held under one (1) ownership and where one or both of these lots or portions thereof are nonconforming, they together shall be considered as a single lot of record and are subject to the provisions of subsection D. of this section, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this article; and
10. Where three (3) or more abutting lots of record are held under one (1) ownership, and where one (1) or more of these lots are nonconforming, the lots shall be held and maintained in such a manner as to comply with the area and width provisions of this Article, and the provisions of this Ordinance relating to lot area and lot width shall not be avoided by the sale or conveyance of or any portion of such lots of record.
11. Where three (3) or more abutting lots of record are held under one (1) ownership, and where one (1) or more of these lots are nonconforming, the lots shall be held and maintained in such a manner as to comply with the area and width provisions of this Article, and the provisions of this Ordinance relating to lot area and lot width shall not be avoided by the sale or conveyance of or any portion of such lots of record.

Section 5 of Ordinance

Savings.  Amended only as specified in this Ordinance, the Zoning Ordinance shall remain in full force and effect.

Section 6 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 7 of Ordinance

Effective.   The provisions of this Ordinance shall become effective eight (8) days from the date of publication, unless a notice of intent to file a petition requesting submission of this Ordinance to a vote of the Township electors is filed within seven (7) days of publication.  If the notice of intent is filed within seven (7) days of publication, the Ordinance shall take effect thirty-one (31) days from the date of publication, unless a petition determined to be adequate by the Township Clerk is filed within thirty (30) days of publication, in which event the Ordinance shall be submitted to a vote of the Township electors, and if approved, the effective date of the Ordinance will be the date that voter approval is determined.  A petition requesting submission of this Ordinance to a vote of the Township electors shall be deemed adequate by the Township Clerk if it is signed by a number of registered electors residing in the portion of the Township outside the limits of cities and villages equal to not less than fifteen percent (15%) of the total vote cast for all candidates for governor at the last preceding general election at which a governor was elected.

Section 8 of Ordinance 

Enactment.  This ordinance is declared to have been enacted by the Township Board of the Charter Township of Independence at a meeting called and held on June 19, 2018 and ordered to be given publication in the manner prescribed by law.

Ayes: All – 7

Nays: None

Abstentions: None

Absent: None

STATE OF MICHIGAN                                )

) ss.

COUNTY OF OAKLAND              )

I, the undersigned, the qualified and acting Clerk of the Charter Township of Independence, Oakland County, Michigan, do certify that the foregoing is a true and complete copy of the Ordinance adopted by the Township Board of the Charter Township of Independence at a meeting held on June 19, 2018, the original of which is on file in my office.

CHARTER TOWNSHIP OF INDEPENDENCE

ByBarbara A. Pallotta, Township Clerk

Introduced: January 23, 2018

Published:  March 21, 2018

Adopted:    June 19, 2018

Published:  August 29, 2018

Effective:   September 7, 2018