NOTICE IS HEREBY GIVEN that ZOA #16-198, an Ordinance to Amend the Pittsfield Charter Township Zoning Ordinance by Modifying Various Sections was adopted on October 11, 2017. The full text of the Ordinance is as follows:
PITTSFIELD CHARTER TOWNSHIP
WASHTENAW COUNTY, MICHIGAN
ORDINANCE No. 16-198
ZONING ORDINANCE AMENDMENTS
ADOPTED
AN ORDINANCE TO AMEND THE PITTSFIELD CHARTER TOWNSHIP ZONING ORDINANCE BY MODIFYING VARIOUS SECTIONS NOTED HEREIN.
PITTSFIELD CHARTER TOWNSHIP, WASHTENAW COUNTY, MICHIGAN, HEREBY ORDAINS THAT THE PITTSFIELD CHARTER TOWNSHIP ZONING ORDINANCE IS AMENDED AS SET FORTH BELOW:
Section 1.07. Effective Date.
This Ordinance was adopted by the Board of Trustees of Pittsfield Charter Township, Washtenaw County, Michigan, at a meeting held on October 11, 2017, and published as required by Act 110 of the Public Acts of 2006, as amended. This Ordinance shall be effective October 29, 2017.
Section 2.02. Definitions.
Artisan Food and Beverage Production: A facility typically operated by a single business entity for the production of small-scale, hand-crafted, specialty food and beverage products for on- and/or off-site sales and consumption. The facility may include wholesale and/or retail sales.
Cigar Bar: An establishment or area within an establishment that is open to the public and is designated for the smoking of cigars, purchased on the premises or elsewhere.
Lumen: Unit of luminous flux; the flux emitted within a unit solid angle by a point source with a uniform luminous intensity of one candela. One foot-candle is one lumen per square foot. One lux is one lumen per square meter. One (1) foot-candle equals 10.8 lumen per square meter.
Luminaire: A complete lighting unit, including the lamp, the fixture, and other parts.
Luminance: At a point and in a given direction, the luminous intensity in the given direction produced by an element of the surface surrounding the point divided by the area of the projection of the element on a plane perpendicular to the given direction. Units: candelas per unit area. The luminance is the perceived brightness that we see, the visual effect of the illuminance, reflected, emitted or transmitted from a surface.
Massage Therapy: The act of massage offered or performed by a massage therapist in conjunction with a beauty salon, spa, health club, athletic club, medical office, or physical therapy clinic which is operating legally under this Ordinance.
Passenger Vehicle: Motor vehicles with at least four wheels, used for the transport of passengers, and comprising no more than nine seats including the driver's seat.
Smoking lounge: A business establishment that is dedicated, in whole or in part, to the smoking of tobacco products, electronic cigarettes, and/or other substances, including but not limited to establishments also known as cigar bars, hookah lounges, tobacco clubs, tobacco bars, etc.
Section 4.21. Non-Residential Districts Use Table to add Artisan Food and Beverage, Massage Therapy, and Smoking Lounge.
Use Category Commercial Industrial and Office District Specific Use Standard
(Article, Section)
C-1 C-2 I BD
Retail, Entertainment, and Service
Artisan Food and Beverage Production (consumption of alcohol on premise requires a conditional use) less than 10,000 gross sq.ft. P P P P 11.47
Artisan Food and Beverage Production (consumption of alcohol on premise requires a conditional use) 10,000 gross sq.ft. or greater C C P P 11.47
Massage Therapy C C 11.24
Smoking Lounge Not Permitted C C C 11.48
Table 5.03.E.1. Use Groups by Category to amend Automobile Rental, and add Artisan Food and Beverage, and Massage Therapy
Use Group 4, Automobile / Transportation Uses:
Vehicle sales, new
Vehicle service station
Vehicle repair station
Vehicle body repair
Vehicle wash
Automobile/van with ten (10) or more cars stored on-site, truck, and trailer rental
Use Group 5, Retail, Entertainment, and Service Uses:
Artisan Food and Beverage Production (consumption of alcohol on premise requires a conditional use), less than 10,000 gross sq.ft.
Financial institutions
General retail sales
Art, cultural, or recreation studio
Restaurant
Personal services
Business services
Passenger vehicle automobile rental with less than ten (10) cars stored on-site.
Use Group 6, Misc. Commercial Uses:
Artisan Food and Beverage Production (consumption of alcohol on premise requires a conditional use) 10,000 gross sq.ft. or greater.
Lodging
Retail sales, large-scale
Shopping centers
Health fitness center / athletic clubs
Theatres, and places of assembly
Hospital
Building & lumber supply
Garden centers, nurseries
Outdoor commercial recreation
Indoor commercial recreation
Self-Storage
Commercial kennels / pet day care
Section 5.03.G.5.b.ii. Transparency.
a. The first floors of all buildings shall be designed to encourage and complement pedestrian-scale activity and crime prevention techniques. It is intended that this be accomplished principally by the use of windows and doors arranged so that active uses within the building are visible from or accessible to the street, and parking areas are visible to occupants of the building. The first floor of any front façade space facing a right-of-way shall be no less than fifty percent (50%) clear windows and doors, and the minimum transparency for façade facing a side yard or parking area shall be no less than thirty percent (30%) of the façade. Ground story transparency is measured between two and eight feet above the ground story elevation. The transparency requirement shall be measured and applied to each separate unit, address or space.
Visibility through the required transparency must portray the principal use of the operation and shall not portray secondary or “back of house” operation areas including, but not limited to, laundry, cleaning supply, stock, or storage areas.
Section 5.03.G.5.b.iii. Transparency Alternatives.
Transparency Alternatives. The following alternatives may be used singularly or in combination for any side or rear facing façade which requires transparency. If used in combination, they may count toward no more than fifty percent (50%) of the transparency requirements set forth in Section 5.03.F.5.b.ii. Transparency alternatives may be used but cannot be counted towards the transparency requirements as set forth in Section 5.03.G.5.b.ii for facades that face on a right-of-way.
Section 11.24 Massage Therapy Regulations
A. Standards. A massage therapist must be licensed by the Department of Licensing and Regulatory Affairs, Bureau of Health Professions.
B. Authorized Locations. Massage Therapy may only be performed in and in conjunction with a beauty salon, health club, athletic club, medical office or physical therapy clinic.
C. Massage Therapy in a Beauty Salon, Spa, Health Club, or Athletic Club. Massage therapy performed in an in conjunction with a beauty salon, spa, health club, or athletic club is subject to the approval of a conditional use permit and the following conditions:
1. Massage therapists must meet the qualifications established in this section.
2. Any establishment employing or contracting massage therapists shall annually submit proof to the Township that each therapist’s license is current and valid.
3. Floor area for massage therapy shall not exceed twenty percent (20%) of the total floor area.
4. All licenses shall be prominently displayed on the premises. Upon request of any officer of the Township licenses shall be provided for review and verification.
5. Any additional conditions required by the Planning Commission such as hours of operation, and massage therapy workspace visibility.
D. Massage Therapy in a Medical Office or Physical Therapy Clinic. Massage therapy performed in, and in conjunction with, a medical office or physical therapy clinic is exempt from the conditional use process, but the conditions of Section 11.24.C.2 and 4 above apply.
Section 11.47 Artisan Food and Beverage Production
A. Retail Sales. Retail sales of the product produced on-site are allowed. If to be consumed off-site, the product must be in the original packaging. The product may also be sold and served on-site, and accessory retail sales of related items are permitted.
B. Wholesale. No more than 50% of the product may be produced for sale to a wholesaler and at least 50% of the product must be sold for retail use, to be consumed either on- or off-site.
C. Enclosed Buildings. All equipment used in the production and all products produced must be located within the principal building.
D. Nuisance. The production process shall not produce odors, dust, vibration, noise, or other external impacts that are detectable beyond the property lines of the subject property.
Section 11.48 Smoking Lounge
A. Limitations. Smoking lounges shall only be permitted as a conditional use in the C-2, Regional Commercial; I, Industrial; or BD, Business Districts and only if approved by the State of Michigan Department of Community Health as a Tobacco Specialty Retail Store or cigar bar and possess a valid exemption of the State of Michigan smoking prohibition as set forth in Section 12606a of the Michigan Clean Indoor Air Act. Smoking lounges or cigar bars not possessing a valid state exemption as a tobacco specialty retail store or cigar bar are prohibited.
B. Standards.
1. Off-street parking. Smoking lounges shall provide off-street parking per the standard for Restaurants & Cafes, Standard Restaurant in Table 12.05.G-1.
2. Mechanical ventilation required. Mechanical ventilation shall be supplied in compliance with the Michigan Mechanical Code to ensure sufficient ventilation of the smoking lounge. The recirculation and the natural ventilation of air from the smoking lounge are prohibited. The air supplied to the smoking lounge shall be exhausted and discharged to an approved location in compliance with the Michigan Mechanical Code.
3. Hours of operation; and outdoor activities prohibited.
a. Businesses operating a licensed smoking lounge shall be closed between the hours of Midnight to 10:00 a.m.
b. All smoking lounge business activities shall be conducted wholly indoors, unless otherwise approved by the Township Board.
4. Notice on exterior. A clearly visible notice shall be posted by the entry door to the premises that:
a. Indicates that it contains a smoking lounge;
b. Indicates that it is a smoking lounge;
c. Indicates it is not a food service establishment;
d. States that no loitering is permitted on the premises; and
e. States that no minors are permitted on the premises.
5. Setbacks. It shall be unlawful to operate a smoking lounge within five hundred (500) feet of any of the following:
a. A place of worship.
b. A school or childcare facility.
c. A public park (not including public trails).
d. Another smoking lounge.
6. Alcoholic Beverages. No alcoholic beverages shall be sold or consumed on the premises.
7. Minors. No persons under eighteen (18) years of age shall be permitted within the business.
8. The interior of the smoking lounge shall be maintained with adequate illumination to make the conduct of patrons within the premises readily discernible to persons with normal visual acuity.
9. No window coverings shall prevent visibility of the interior of the smoking lounge from outside the premises during operating hours. Any proposed window tint shall be approved in advance by the Township Public Safety Department.
10. Smoking lounges may only be located on premises that are physically separated from any areas of the same or adjacent establishments in which smoking is prohibited by state law and where smoke does not infiltrate into those nonsmoking areas. “Physically separated” shall mean an area that is enclosed on all sides by any combination of solid walls, windows, or doors that extend from the floor to ceiling.
Section 12.02 Access to Public Streets.
The following provisions shall apply:
A. Right-of-Way Width.
1. Every use, building or structure established after the effective date of this ordinance shall be on a lot or parcel which adjoins a public street or an approved private road. Such street right-of-way will comply with Washtenaw County Road Commission standards or shall adjoin a private road for which the design and construction have been approved per the Township Engineering Standards.
2. A driveway may not serve more than one (1) lot or parcel, unless a private road is constructed for which the design and construction have been approved per the Township.
Section 13.05.D.1. Fixture and Bulb Design.
a. Exterior lighting shall be a full cut-off fixture as defined by the Illumination Engineering Society of North America (IESNA) or other suitably shielded fixture, downward directed with a flat lens to prevent light trespass. All lights shall be shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted. All light fixtures shall be installed in such a manner that the shielding satisfies the definition of a fully shielded fixture. All fixtures closest to the property line shall have house side shields.
b. Replacement of existing Metal Halide bulbs, Mercury Vapor bulbs, or other light sources are permitted provide such source does not exceed 4000 Kelvin.
c. All new fixtures shall be LED unless, upon a showing of good cause and substantially equivalent energy efficiency, alternative fixtures are specifically approved by the Planning Commission as shown on a photometric and lighting plan.
d. Decorative or historic light fixtures may be approved as an alternative to shielded fixtures when it can be shown that there will be limited off-site light trespass through the use of low wattage lamps and the proposed fixtures will be more consistent with the character of the site.
e. Light fixtures and poles shall be compatible with the character of the development, as determined by the Township.
f. Roadway light systems shall be in accordance with Washtenaw County Road Commission, Michigan Department of Transportation, or the City of Ann Arbor, as applicable.
Section 13.05.D.2. Lighting Levels.
a. Light levels shall comply with the International Dark-Sky Association’s goal to eliminate over-lighting by using the minimum recommended values as maximum values as stated in Illuminating Engineering Society of North America’s (IESNA) RP-8 and RP-33, as amended.
b. The intensity of light at the base of a light fixture pole shall not exceed ten (10) foot candles.
c. Light shall not exceed one-tenth (0.1) foot-candle along any boundary, or beyond, adjacent to residentially zoned or used property, and one-half (0.5) foot-candle along or beyond all nonresidential property boundaries.
d. Light levels shall be measured on the horizontal plane at grade level within the site, and on the vertical plane of any property line boundary or street right-of-way line at a height of five (5) feet above grade level.
e. Except as stated elsewhere in these regulations, light levels will be limited to those published as recommendations by the Illuminating Engineering Society of North America.
f. The maximum uniformity (Max-to-Min) ratio shall be 10:1.
Section 13.05.D.3. Height.
d. No fixture shall be a height that allows the fixture light source to be directly seen at the property line.
Section 13.05.G. Canopy Lighting.
1. Flat lenses are required.
2. Downlight fixtures must be recessed into the ceiling/grid system.
3. Illumination levels shall comply with IESNA standards.
4. Illumination shall not exceed 50 foot-candles (432 LM/M2) under a canopy.
Renumber Flagpole Lighting to Section 13.05.H.
Renumber Prohibited Lighting Types to Section 13.05.I.
Renumber Exemptions to Section 13.05.J.
Renumber Lamp or Fixture Substitution to Section 13.05.K.
Section 15.02.F. Flags.
1. In all single-family residential zoning districts, on developed residential lots, flags other than corporate or commercial flags shall be permitted without restriction.
2. All other districts, flags shall be subject to the following regulations:
a. Flags shall meet the yard requirements for signs. Flag poles shall not exceed the height point of the roofline of the structure on the same lot.
b. The maximum permitted area of a flag shall be as follows:
Pole Height Maximum Permitted
46 feet & over 60 square feet
26 - 45 feet 40 square feet
21 - 25 feet 24 square feet
20 feet and under 15 square feet
The flag of the United States may be of the area specified for the next highest category. The area of a flag shall not be included in the total sign area permitted on the lot.
c. Up to three (3) flags of any combination but not more than one (1) corporate flag shall be permitted on each public street frontage of any lot, shopping center, or business center.
d. There shall be no limit on the number of official National Flags.
e. A corporate flag shall be located on the same lot as the business building or use.
f. All flags shall be displayed from a pole or other mounting which is permanently affixed to the ground or a building and dedicated to that purpose. A flag pole may not be roof mounted. A flag shall not be attached to any structure or a separate lot which is designed for an alternative use.
This Ordinance was duly adopted by the Pittsfield Charter Township Board of Trustees at its regular meeting held on the 11th day of October, 2017, and was ordered given publication in the manner required by law.
Planning Commission Public Hearing: April 20, 2017
First Reading: September 13, 2017
Adoption: October 11, 2017
Ordinance Posted: October 17, 2017
Ordinance Publication: October 22, 2017
Effective Date: October 29, 2017