THREE OAKS TOWNSHIP – ORDINANCE AMENDMENT #6C

Three Oaks Township

Berrien County, Michigan

Ordinance # 6C

AN ORDINANCE TO AMEND THE THREE OAKS TOWNSHIP ZONING ORDINANCE; TO AMEND SECTION 3.07 TABLE OF USES TO ADD CONTRACTOR STORAGE YARDS; TO AMEND SECTION 4.03 AGRICULTURE – RURAL DISTRICT TO ADD CONTRACTOR STORAGE YARDS; TO AMEND SECTION 10.03 INDUSTRIAL DISTRICT TO ADD CONTRACTOR STORAGE YARDS; TO AMEND SECTIONS 15.32 TO ADD CONTRACTOR STORAGE YARDS; AND TO AMEND SECTION 22.05 DEFINITIONS,C, TO ADD CONTRACTOR STORAGE YARDS

THREE OAKS TOWNSHIP HEREBY ORDAINS:

Section 1 – Amendment of Section 3.07.  Section 3.07, 1 – Table of Uses of the Three Oaks Township Zoning Ordinance is amended such that the table of uses is amended to include a new row “Contractor Storage Yards” which is inserted in alphabetical order as follows:

USE- RR  R-1  R-2  R-3  R-4  C-1 I
S                                             S

Section 2 – Amendment of Section 4.03.  Section 4.03 of the Three Oaks Township Zoning Ordinance is amended to include “Contractor Storage Yard” as a special land use in alphabetical order as follows:

SECTION 4.03 – SPECIAL LAND USES

• Contractor storage yard

Section 3 – Amendment of Section 10.03.  Section 10.03 of the Three Oaks Township Zoning Ordinance is amended to include “Contractor Storage Yard” in alphabetical order as follows:

                                           SECTION 10.03 – SPECIAL LAND USES

• Contractor storage yard

Section 4 – Amendment of Article 15.  Article 15 of the Three Oaks Township Zoning Ordinance is amended to include a new section 15.32, which reads as follows:

                SECTION 15.32 – CONTRACTOR STORAGE YARDS

1. All site ingress and egress shall be directly from a paved public road.

2. Outdoor storage areas for vehicles, materials, and equipment used in connection with the business shall be fully enclosed by a fence, wall, or landscaped area not less than six feet in height.  The Planning Commission may waive this requirement if existing vegetation adequately screens the use from adjacent properties and public rights-of-way.

3. A contractor storage yard shall be located on a parcel at least five (5) acres in area.

4. Except for temporary staging, retrieving, and storage of materials and equipment within a fenced and screened outdoor storage area, all work associated with the business shall be conducted indoors.

5. Storage of fuel or other hazard substances must be within EPA-approved containers  and located in such a manner to avoid spilling or contaminating groundwater.

6. The Planning Commission may establish hours of operation and require other operational conditions for Contractor Storage Yards.

 

Section 5.  Amendment of Section 22.05.  Section 22.05 of the Three Oaks Township Zoning Ordinance is amended to include a new definition, which is inserted in alphabetical order and reads as follow:

CONTRACTOR STORAGE YARD:  A lot or portion thereof on which construction trade equipment, construction vehicles, and materials associated with off-premises construction projects are parked or temporarily stored.  A contractor’s storage yard may also include the storage of machinery, equipment, and materials typically used in construction work, the building trades, landscaping, snowplowing, and similar services.

Section 6.  Severability and Captions.  This Ordinance and the various parts, sections, subsections, sentences, phrases and clauses thereof are hereby declared severable.  If any part, section, subsection, sentence, phrase, or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the Ordinance shall not be affected thereby.  The captions included at the beginning of each Section are for convenience only and shall not be considered a part of this Ordinance.

Section 7.  Repeal.  Any existing ordinance or resolution that is inconsistent or conflicts with this

Ordinance is hereby repealed to the extent of any such conflict or inconsistency.

Section 8.  Effective Date.  This Ordinance is ordered to take effect seven (7) days following publication of adoption in a newspaper having general circulation in the Township, under provisions of 2006 Public Act 110, except as may be extended under the provisions of such Act.

Trustee Cummings/Zabel, supported by Trustee Mitchell, moved the adoption of the Ordinance.

YEAS:     Trustee Mitchell, Mangold, Osburn, Cummings/Zabel, Gordon

NAYS:      None

ABSTAIN:   None

ABSENT:   None

Dated:   January 14, 2019                         __________________________________

George A. Mangold, Township Supervisor

Ordinance declared adopted:

_________________________________

Elizabeth Cummings Zabel, Township Clerk

Certification

I hereby certify that the above and foregoing Ordinance was duly adopted by Three Oaks Township and published in the _Berrien County Record, a weekly newspaper in Three Oaks Township, in the issue of said newspaper dated and published on the ___17__ day of

________January_________, 2019.