Bedford Township Ordinance 44A-308

PAID PUBLIC NOTICE

 

BEDFORD  TOWNSHIP

 

ORDINANCE  NO.  44A-308

ZONING  ORDINANCE  AMENDMENT

OUTDOOR  RECREATION  IN

C-2  AND C-3

An Ordinance enacted pursuant to Act 110, Public Acts of 2006, as amended, better known as the “Michigan Zoning Enabling Act”, and according to the Master Plan of the Township as has been adopted and amended from time to time; to amend Bedford Township Ordinance No. 44, as amended, known as the “Township of Bedford Zoning Ordinance”, which originally became effective May 5, 1977; so as to allow for certain commercial outdoor recreation activities in commercial zones C-2 and C-3, and to do so by modifying and adding new provisions to Sections 1203 and 1302; and for the purpose of promoting and protecting the public health, safety and general welfare of the residents and properties of the Township of Bedford.

THE  TOWNSHIP  BOARD  OF  THE  TOWNSHIP  OF  BEDFORD,  COUNTY  OF  MONROE,  STATE  OF  MICHIGAN,  HEREBY  ORDAINS:

SECTION 1. AMENDMENT TO SECTION 1203, “PRINCIPAL USES PERMITTED SUBJECT TO SPECIAL APPROVAL”, IN ARTICLE XII, C-2 SHOPPING CENTER BUSINESS DISTRICT, TO ALLOW FOR CERTAIN OUTDOOR RECREATION ACTIVITIES.

Ordinance No. 44, known as the “Township of Bedford Zoning Ordinance”, shall be amended as follows:

A. Renumbering paragraph number 5 in Section 1203 to be paragraph number 6, leaving new paragraph 5 to be added below.  

B. Adding a new paragraph number 5 in Section 1203, to be inserted after existing paragraph number 4 and before newly numbered paragraph number 6 from “A” above, in Section 1203, such that new paragraph number 5 in Section 1203 shall be inserted to read as follows:

    5. Certain commercial outdoor recreation activities, such as volleyball, basketball, baseball and softball, soccer, bag toss/corn hole, shuffleboard, bocce, skateboard park, batting cages, ice skating, and miniature golf, subject to the following standards and conditions:

        a. The allowed usage will include volleyball, basketball, baseball and softball, soccer, bag toss/corn hole, shuffleboard, bocce, skateboard park, batting cages, ice skating, and miniature golf.  Any other commercial outdoor recreation activity must be specifically approved by the Planning Commission pursuant to special approval.  No fire arm range, firearm discharge, target practice, archery range, or any other dangerous activity shall be allowed.

        b. The minimum acreage upon which such commercial outdoor recreation activity shall be allowed is on a five (5) acre parcel.  If additional commercial uses are located on the five (5) acre parcel, then there shall be at least two (2) acres minimum available for the commercial outdoor recreation activities.

        c. The setbacks from any commercial outdoor recreation activity may be established by the Planning Commission as part of the special approval as deemed appropriate for the type of activity approved. If not set by the Planning Commission, the setback for any outdoor recreation activity shall be at least fifty (50) feet from any parcel lot line adjacent to a residential zoning district and thirty-five (35) feet from any parcel lot line adjacent to a non-residential zoning district. Any variation of setbacks approved by the Planning Commission as part of the special approval which are less than stated in the preceding sentence, shall only be allowed after identification by the applicant and finding by the Planning Commission of unique circumstances and characteristics of the property and/or business which are present to warrant such lesser setbacks, along with the providing of enhanced screening to buffer such lesser setbacks.

        d. The parcel upon which the commercial outdoor recreation activities exist shall contain no less than a three hundred (300) foot parcel width at the front yard setback line.

        e. The hours of operation of the commercial outdoor recreation activity may be established by the Planning Commission as part of the special approval.  If not set by the Planning Commission, the hours of operation shall exist between the hours of 10:00 a.m. and 12:00 a.m. (midnight).  The Planning Commission may designate that only courts, playing areas, fields, skateboard parks, cages, rinks and courses further from residential zoning districts be used after 10:00 p.m.

        f. Minimum parking spaces shall be consistent with Section 1904 and specifically under Paragraph c(14), except that instead of one hundred fifty (150) square feet of usable floor area, it will be one hundred fifty (150) square feet of area devoted to the actual commercial outdoor recreation activity, such as the actual volleyball or basketball courts, baseball, softball or soccer fields, bag toss/corn hole courts, shuffleboard playing area, bocce fields, skateboard park, batting cages, ice skating rinks, and miniature golf courses.  There shall be no parking allowed on roads, drives, grass, or landscaped areas, or any other area not designated on the site plan for parking.  

        g. Section 1907 and Section 1911 relating to landscaping and screening, and obscuring walls, shall apply, but the Planning Commission may increase or reduce landscaping and screening, and obscuring walls, based on the particular site involved, as well as based on the commercial outdoor recreation activities that are involved.

        h. Exterior lighting shall comply with Section 1908.

        i. Section 1913 relating to site plan review shall apply, however, if no new habitable buildings are erected, subsection 6, entitled “formal site plan not required”, shall apply.

        j. There shall be a six (6) foot fence required around the entire parcel (except facing the front lot line on the road providing ingress and egress to the parcel), or alternatively, around the area devoted to all of the commercial outdoor recreation activities, or alternatively, around each court or court areas, or field or fields, or playing area or areas, or skateboard park or parks, or cage or cages, rink or rinks, or course or courses, but the Planning Commission may specify particular fencing requirements for different portions of the area or areas devoted to different types of commercial outdoor recreation activities, or based on the particular site involved or the commercial outdoor recreation activities involved.

        k. Food and drink may be sold in conformance with the laws, rules, and regulations of the Michigan Liquor Control Commission, Monroe County and Michigan Health Departments, and any other municipal, county, state, or federal entity having jurisdiction.

        l. Bathroom and serving areas may be provided, subject to “k” above, and subject to approval of the site plan by the Planning Commission.

        m. The road providing access to the parcel containing the outdoor recreation activities shall be a public and paved road.

SECTION 2.  AMENDMENT TO SECTION 1302, “PRINCIPAL USES PERMITTED SUBJECT TO SPECIAL APPROVAL”, IN ARTICLE XIII, C-3 GENERAL BUSINESS DISTRICT, TO ALLOW FOR CERTAIN OUTDOOR RECREATION ACTIVITIES.

Ordinance No. 44, known as the “Township of Bedford Zoning Ordinance”, shall be amended as follows:

A. Renumbering paragraph number 11 in Section 1302 to be paragraph number 12, leaving new paragraph 11 to be added below.  

B. Adding a new paragraph number 11 in Section 1302, to be inserted after existing paragraph number 10 and before newly numbered paragraph number 6 from “A” above, in Section 1302, such that new paragraph number 11 in Section 1302 shall be inserted to read as follows:

    11. Certain commercial outdoor recreation activities, such as volleyball, basketball, shuffleboard, bocce, skateboard park, batting cages, and miniature golf, subject to the following standards and conditions:

          a. The allowed usage will include volleyball, basketball, baseball and softball, soccer, bag toss/corn hole, shuffleboard, bocce, skateboard park, batting cages, ice skating, and miniature golf.  Any other commercial outdoor recreation activity must be specifically approved by the Planning Commission pursuant to special approval.  No fire arm range, firearm discharge, target practice, archery range, or any other dangerous activity shall be allowed.

          b. The minimum acreage upon which such commercial outdoor recreation activity shall be allowed is on a five (5) acre parcel.  If additional commercial uses are located on the five (5) acre parcel, then there shall be at least two (2) acres minimum available for the commercial outdoor recreation activities.

          c. The setbacks from any commercial outdoor recreation activity may be established by the Planning Commission as part of the special approval as deemed appropriate for the type of activity approved. If not set by the Planning Commission, the setback for any outdoor recreation activity shall be at least fifty (50) feet from any parcel lot line adjacent to a residential zoning district and thirty-five (35) feet from any parcel lot line adjacent to a non-residential zoning district. Any variation of setbacks approved by the Planning Commission as part of the special approval which are less than stated in the preceding sentence, shall only be allowed after identification by the applicant and finding by the Planning Commission of unique circumstances and characteristics of the property and/or business which are present to warrant such lesser setbacks, along with the providing of enhanced screening to buffer such lesser setbacks.

          d. The parcel upon which the commercial outdoor recreation activities exist shall contain no less than a three hundred (300) foot parcel width at the front yard setback line.

          e. The hours of operation of the commercial outdoor recreation activity may be established by the Planning Commission as part of the special approval.  If not set by the Planning Commission, the hours of operation shall exist between the hours of 10:00 a.m. and 12:00 a.m. (midnight).  The Planning Commission may designate that only courts, playing areas, fields, skateboard parks, cages, rinks and courses further from residential zoning districts be used after 10:00 p.m.

          f. Minimum parking spaces shall be consistent with Section 1904 and specifically under Paragraph c(14), except that instead of one hundred fifty (150) square feet of usable floor area, it will be one hundred fifty (150) square feet of area devoted to the actual commercial outdoor recreation activity, such as the actual volleyball or basketball courts, baseball, softball or soccer fields, bag toss/corn hole courts, shuffleboard playing area, bocce fields, skateboard park, batting cages, ice skating rinks, and miniature golf courses.  There shall be no parking allowed on roads, drives, grass, or landscaped areas, or any other area not designated on the site plan for parking.  

          g. Section 1907 and Section 1911 relating to landscaping and screening, and obscuring walls, shall apply, but the Planning Commission may increase or reduce landscaping and screening, and obscuring walls, based on the particular site involved, as well as based on the commercial outdoor recreation activities that are involved.

          h. Exterior lighting shall comply with Section 1908.

          i. Section 1913 relating to site plan review shall apply, however, if no new habitable buildings are erected, subsection 6, entitled “formal site plan not required”, shall apply.

          j. There shall be a six (6) foot fence required around the entire parcel (except facing the front lot line on the road providing ingress and egress to the parcel), or alternatively, around the area devoted to all of the commercial outdoor recreation activities, or alternatively, around each court or court areas, or field or fields, or playing area or areas, or skateboard park or parks, or cage or cages, rink or rinks, or course or courses, but the Planning Commission may specify particular fencing requirements for different portions of the area or areas devoted to different types of commercial outdoor recreation activities, or based on the particular site involved or the commercial outdoor recreation activities involved.

          k. Food and drink may be sold in conformance with the laws, rules, and regulations of the Michigan Liquor Control Commission, Monroe County and Michigan Health Departments, and any other municipal, county, state, or federal entity having jurisdiction.

          l. Bathroom and serving areas may be provided, subject to “k” above, and subject to approval of the site plan by the Planning Commission.

m.           The road providing access to the parcel containing the outdoor recreation activities shall be a public and paved road.

SECTION 3. REPEAL

All ordinances or parts of ordinances in conflict with this Ordinance are, to the extent of such conflict, repealed.

SECTION 4. SEVERABILITY

This Ordinance, and the various parts, sentences, paragraphs, sections, subsections, phrases and clauses thereof are hereby declared to be severable and if any of them are adjudged unconstitutional or invalid, it is hereby provided that the remainder of the Ordinance shall not be affected.

SECTION 5.  EFFECTIVE DATE

This Ordinance shall become effective eight (8) days after publication of a Notice of Adoption in a newspaper of general circulation in the Township of Bedford, Monroe County, Michigan, unless otherwise provided by law.

            THE  TOWNSHIP  BOARD,

            BEDFORD TOWNSHIP,

            COUNTY  OF  MONROE,

            STATE  OF  MICHIGAN:

            Trudy L. Hershberger,

            Bedford Township Clerk

AUTHENTICATED:

Greg W. Stewart,

Bedford Township Supervisor

  ADOPTED: August 16, 2016

  PUBLISHED: August 22, 2016

  EFFECTIVE: August 30, 2016

AUGUST 22, 2016