BARODA TOWNSHIP ZONING ORDINANCE AMENDMENT- SPECIAL LAND USE

BARODA TOWNSHIP Zoning Ordinance Amendment – At a regular meeting
on December 18, 2017 The Baroda Township Board voted to amend the Zoning
Ordinance Section 13.03 Special Land Use – Basis of Determination, under the
authority of the Michigan Zoning Enabling act Public Act 33 of 2008 as amended
and the Michigan Planning Enabling act Public Act 110 of 2006 as amended.
Published here is the entire amended section. This amendment shall be in effect
eight days after publication subject to Michigan PA 297. The text is available at the
Baroda Township office during regular business hours and on the Baroda Township
Website. By order of the Baroda Township Board 9091 First St., Baroda MI 4911
(269) 422-2300. SECTION 13.03 BASIS OF DETERMINATION Prior to approval
of a special land use application and required site plan, the Township Planning
Commission shall insure that the standards specified in this section as well as
applicable standards established elsewhere in this Ordinance, shall be satisfied by
the completion and operation of the special land use under consideration.
A. General Standards – The Township Planning Commission shall review the
particular circumstances of the special land use request under consideration in
terms of the following standards, and shall approve a special land use request
only upon a finding of compliance with each of the following standards, as well
as applicable standards established elsewhere in this Ordinance:
1. The special land use shall be designed, constructed, operated and
maintained in a manner compatible with the character of adjacent land
uses.
2. The special land use shall be consistent with the intent and purpose of the
Baroda Township Zoning Ordinance and Master Plan.
3. The special land use shall be compatible with the natural environment of
the site.
4. The special land use shall not be hazardous to adjacent property, or
involve uses, activities, materials or equipment which will be detrimental to
the health, safety, or welfare of persons or property through the production
of traffic, noise, smoke, odor, fumes or glare.
5. The special land use shall be compatible with the capacities of public
services and facilities affected by the land use.
6. The special land use shall comply with applicable Township, County, and
State and Federal regulations.
B. Conditions –
1. The Township Planning Commission may impose reasonable conditions
with the approval of a special land use application and site plan which are
necessary to insure compliance with the standards for approval stated in this
section and any other applicable Township ordinances and regulations. Such
conditions shall be considered an integral part of the special land use permit
and approved site plan and shall be enforced by the Zoning Administrator.
2. The conditions may include conditions necessary to insure that public
services and facilities affected by a proposed land use or activity will be
capable of accommodating increased service facility loads caused by the
land use or activity, to protect the natural environment and conserve natural
resources and energy, to insure compatibility with adjacent uses of land, and
to promote the use of land in a socially and economically desirable manner.
3. The Planning Commission, at its discretion, may require greater setbacks
than otherwise established for the district in which the proposed special land
use would be located where it is determined that one or more of the following
conditions exist:
a. the proposed use will create noise, light, odor or similar potential
nuisances affecting adjoining properties, the effects of which could be
reduced or eliminated by increasing the separation from those uses;
b. adjacent property, even if vacant, is zoned Residential and the
compatibility of the proposed special land use with existing or future
dwellings could be substantively improved by increasing the setback for
the special land use along the Residential property line;
c. due to the nature of the special land use, there is the potential threat
to the health, safety or welfare of adjoining properties because of traffic,
litter, trespassing or similar impacts that could be reduced or eliminated by
increasing the separation from those uses; or
d. natural features, such as a significant vegetative screen, wetlands or
topographic
variations that would moderate the impacts of the special land uses could
be preserved by modifying the setback requirement.
C. Performance Guarantee –
In authorizing a special land use permit, the Township Planning Commission
may require that a cash deposit, certified check, or irrevocable bank letter of
credit be furnished by the developer to insure compliance with an approved
site plan and the special land use permit requirements. Such guarantee
shall be deposited with the Township Clerk at the time of the issuance
of the special land use permit. In fixing the amount of such performance
guarantee, the Township shall limit it to reasonable improvements required
to meet the standards of this Ordinance and to protect the natural resources
or the health, safety and welfare of the residents of the Township and future
users or inhabitants of the proposed project or project area including, but not
limited to roadways, lighting, utilities, sidewalks, screening and drainage. The
term “improvements” does not include the entire project which is the subject
of zoning approval nor to improvements for which a performance guarantee
has been deposited pursuant to Act No. 288 of 1967, as amended. The
Township and the project developer shall establish an agreeable procedure
for the rebate of any cash deposits required under this section, in reasonable
proportion to the ratio of the work completed on the required improvements
as work progresses. Said agreement shall be written as an element of the
conditions surrounding the approval of the special land use permit.