Livingston County Department of Planning

Transcription

1 Livingston County Department of Planning LIVINGSTON COUNTY PLANNING COMMISSION MEETING Wednesday, September 19, :30 p.m. Administration Building, Board of Commissioners Chambers 304 East Grand River, Howell, MI Kathleen J. Kline-Hudson Director Robert A. Stanford Principal Planner Scott Barb Principal Planner Agenda 1. Call to Order 2. Pledge of Allegiance 3. Roll and Introduction of Guests 4. Approval of Agenda September 19, Approval of Meeting Minutes August 15, Call to the Public 7. Zoning Reviews A. MP City of Brighton, Master Plan Amendment B. Z Putnam Township, Rezoning, RR to RS-2 in Section 24 C. Z Handy Township, Zoning Ordinance Amendment, Chapter 18 Administration, Section 18.6 Conditional Rezoning of Land D. Z Handy Township, Zoning Ordinance Amendment, Chapter 15 Site Development Requirements, Section 15.3 Signs 8. Old Business Department Information Administration Building 304 E. Grand River Avenue Suite 206 Howell, MI (517) Fax (517) Web Site co.livingston.mi.us A. Master Plan Reviews B. Master Plan Public Hearing 9. New Business 10. Reports A. Parks and Open Space Plan, B. Potential Natural Areas Assessment C. Visits to local planning commissions D. Other 11. Commissioners Heard and Call to the Public 12. Adjournment

2 Livingston County Department of Planning M E M O R A N D U M TO: Livingston County Planning Commissioners Kathleen J. Kline-Hudson Director Robert A. Stanford Principal Planner Scott Barb Principal Planner FROM: Scott Barb, Principal Planner DATE: September 12, 2018 SUBJECT: MP City of Brighton Master Plan The Livingston County Planning Department received a copy of the City of Brighton Master Plan for review and comment in accordance with Section 41 of the Michigan Planning Enabling Act (P.A. 33 of 2008). The City of Brighton Master Plan will replace the current plan that was adopted in County planning staff has reviewed the plan for compatibility with the current Livingston County Comprehensive Plan and for any potential impacts on county residents and adjacent communities. The new master plan has four separate components that address growth and community goals within the plan. Staff comments are as follows: Master Land Use Plan The first of the four components, the master land use plan establishes the goals and objectives for the City of Brighton that include a quality and variety of housing, having a definitive community identity, maintaining environmental stewardship through preservation of open spaces with the protection of woodlands and wetlands, investing wisely in infrastructure and civic spaces, and maintaining a vibrant and strong economy by supporting current and new business. The future land use plan for the city has generally remained unchanged with exception of a few notable differences in land use classification changes that are summarized below: Department Information Administration Building 304 E. Grand River Avenue Suite 206 Howell, MI (517) Fax (517) Web Site The Innovation designation replaces Mixed Use : Parcels south of Challis Road along the Orndorf Road corridor are designated as Innovation with the intent of job creation. The Light Industrial designation replaces Industrial/Research/Office The General Industrial designation replaces Industrial : This change clarifies the distinction between these types of land use. Moderate Density Mixed Residential replaces Community Service at the former Lindbom Elementary site due to its location to the nearby downtown areas.

3 High Density Mixed Residential replaces Mixed Industrial/Research/Office for parcels at Franklin Street, west of the railroad tracks. The area is adjacent to downtown and is located in areas that would better be suited to higher density residential land uses. Complete Streets Plan The Michigan Planning and Enabling Act (P.A. 33 of 2008) requires community master plans to address all transportation needs, including public transit, pedestrian ways, bicycle facilities, and other modes of transportation. The new plan inventories existing conditions and then links the newly established goals, objectives, and action strategies to these inventories. One of the most notable items in this chapter is the inclusion of autonomous vehicles which is presented as a supplement to emerging technologies. This progressive vision for the future is one of the most overlooked, but necessary parts of a complete streets element that needs to be included in all master plans. The City of Brighton has done an excellent job including the use of autonomous vehicles and the necessary infrastructure for these facilities into the new master plan. Downtown Plan Due to the importance of the downtown areas to the City of Brighton s character, walkability, and vibrancy, an extensive downtown plan has been included in the new master plan that addresses a variety of issues. Some of the goals of the downtown plan are to encourage construction that reflects historical development patterns, pedestrian oriented ground floor designs, place-making elements, and uniform setbacks. Access to downtown areas will be encouraged with the realization that many streets are designed to allow for pedestrian movement which is a critical component in supporting commerce. Another goal of this chapter is to enhance the Millpond and expand on the unique character that this feature brings to the downtown Brighton area. The former Lindbom Elementary site is also discussed in the downtown plan with the site designated as a redevelopment site for housing due to its proximity to nearby downtown areas. Concluding the downtown plan chapter is an explanation of various design criteria to maintain the existing character of downtown Brighton. Recreation Plan The recreation chapter of the new plan begins with an inventory of existing facilities. Local amenities are discussed along with a recreational needs analysis and a half mile needs assessment for the city. The city is served by numerous parks and recreation opportunities. Detailed assessments have been provided to guide city officials with any future needs or expansion of facilities. Appendix The appendix of the new plan consists of an implementation matrix, existing conditions, market studies, and steps for public input. The implementation matrix is the most prominent feature of the appendix with the master plans goals linked with the city department responsible for achieving the goals, the potential funding sources, and supporting partners identified. The plan concludes with a next steps for Downtown Assessment section that addresses land use, buildings, streetscapes, and parking. These components within the downtown assessment include best practices that are specific to each of the downtown elements and examples are provided for each of the best practices with time frames for accomplishing each of these elements. Livingston County Comprehensive Plan County Planning Staff finds no conflicts between the proposed City of Brighton Comprehensive Plan and the current Livingston County Comprehensive Plan. The Livingston County plan designates the area surrounding the City of Brighton as a Primary Growth Area and views this designation as a natural growth area for many cities, villages, and other more urban intense areas. It should be noted that a new county plan is currently being reviewed with an anticipated adoption date of October This new plan will rely heavily on current trends and

4 best planning practices which should support many of the same goals and objectives that are found in the new City of Brighton plan. Recommendation: That the Livingston County Planning Commission concur with staff s comments on the City of Brighton Comprehensive Plan, and submit the foregoing comments to the City of Brighton Planning Commission.

5 LIVINGSTON COUNTY PLANNING DEPARTMENT ZONING REVIEW CASE NUMBER: Z LOCATION: Putnam Township SECTION NUMBER: Section 24 TOTAL ACREAGE: 31 acres APPLICANT/OWNER: Michael Groce CURRENT ZONING: RR Rural Residential (10-acre minimum) REQUESTED ZONING: RS-2 Single Family Residential (3-acre minimum) PERMITTED/SPECIAL USES (Not all inclusive): Permitted: Single family dwellings; equestrian facilities; keeping of livestock on non-farms; home occupations; parks; public buildings and facilities; adult foster care facilities; family day care homes; Special: Open space developments; churches and places of worship; parochial and private schools; adult foster care homes; group day care homes; private noncommercial recreational facilities; cemeteries; kennels; commercial stables; bed & breakfasts; MINIMUM LOT AREA: Minimum of 10 acres. PERMITTED/SPECIAL USES (Not all inclusive): Permitted: Single family dwellings; home occupations; equestrian facilities; livestock on non-farm properties; parks; recreational areas; adult foster care facilities; family day care homes; Special: Open space developments; churches and places of worship; parochial and private schools; adult foster care facilities; group day care homes; private non-commercial stables; public buildings and facilities; museums; bed & breakfasts; MINIMUM LOT AREA: Minimum of 3 acres. CURRENT TOWNSHIP ZONING: CURRENT LAND USES: TOWNSHIP PLANNING COMMISSION RECOMMENDATION AND PUBLIC COMMENTS: The Putnam Township Planning Commission recommended APPROVAL of this request at its August 8, 2018 public hearing. There were no comments at the public hearing. ESSENTIAL FACILITIES: SANITARY SEWER: Private septic. WATER SUPPLY: Private water supply. ACCESS ROAD(S): Property access is via Farley Road in Putnam Township.

6 ANALYSIS BY: Scott Barb DATE: September 12, 2018 CASE NUMBER: Z PAGE: 2 EXISTING CONDITIONS: The site proposed for the rezoning request is located in Section 24 of Putnam Township. Natural Areas: According to the map "Livingston County's High Quality Natural Areas, there is a priority 3 natural area that borders the site to the north due to the extensive wetland habitat near the parcel. Land Use: Soils: Wetlands: Topography: Vegetation: The parcel is currently vacant. Sandy loams (Boyer-Oshtemo) are the predominant soils on site. The northern part of the parcel is made up of muck type soils. No building limitations are foreseen on the buildable portions of the site. The National Wetlands Inventory (NWI) indicates that the northern half of the parcel is designated as wetlands. The parcel has a combination of trees, field grasses, and wetlands on-site. The site is primarily in its natural state with trees, grasses, and open space. CURRENT LAND USE, ZONING, AND MASTER PLANNING MATRIX: NORTH N Existing Land Use: Open Space/Wetlands Zoning: Agricultural Open Space Master Plan: Low Density Res. (3 5 acres) SUBJECT SITE Existing Land Use: Single Family/Small Farm Existing Land Use: Vacant Existing Land Use: Vacant/Open Space WEST Zoning: Agriculture/Open Space Master Plan: Low Density Res. (3 5 acres) Zoning: Rural Residential Master Plan: Low Density Res. (3 5 acres) Zoning: Rural Residential Master Plan: Low Density Res. (3 5 acres) EAST Existing Land Use: Single Family/Business Zoning: RS-4 Single Family (1/2 acre) Master Plan: Local Business SOUTH

7 ANALYSIS BY: Scott Barb DATE: September 12, 2018 CASE NUMBER: Z PAGE: 3 TOWNSHIP MASTER PLAN: Putnam Township last updated their master plan and future land use map in 2012 and designates the subject parcel as Low Density Residential (3 to <5 acres). The master plan states on page 45: The LDR classification accommodates single family development at relatively low to moderate suburban densities in area located near existing residential development and the Village of Pinckney. These are semirural areas not significantly affected by environmental constraints. LDR development patterns respond to and help preserve rural visual character by maintaining adequate setbacks and by minimizing the number of lots onto existing public streets and roads. With the 2012 master plan update, the areas along Farley, Hinchey, Cedar Lake, and Darwin Roads had the future land use designation changed from Rural Preservation to LDR to better reflect the established development patterns that are found in those areas. The proposed rezoning is bounded by M-36 on the south and fits well within the established character of LDR that is being requested by the applicant. COUNTY COMPREHENSIVE PLAN: The current Livingston County Comprehensive Plan designates the site as Transitional Residential (page 62). According to the County Comprehensive Plan: This applies to areas that have already experienced new suburban housing growth, but which retain some of their agricultural characteristics. These areas act as a buffer between more strictly agricultural lands and more intense residential areas. Having open space and cluster ordinances in place is essential to keeping development to overall lower to moderate densities. While public sewer may be available to some of these areas, efforts to extend further into these areas should be avoided. While the current county comprehensive plan does not dictate development within the Township, the proposed rezoning receives support from the county plan with the lower to moderate residential designation. COUNTY PLANNING STAFF COMMENTS: The applicant is proposing to rezone the 31 acre parcel located at 9502 Farley Road from Rural Residential (10 acre minimum) to Single Family Residential RS 2 (3 acre minimum). The intent of the rezoning is for land division purposes with access provided via a shared driveway easement that connects to Farley Road. The site is currently vacant and is in close proximity to other parcels that are currently zoned RS-2 in the immediate area (to the north and east of Farley Road). The Township Master Plan update in 2012 changed the landscape of the future land use map by designating much of the Farley Road area as Low Density Residential with lot sizes 3 to 5 acres. Due to this update and the existing development character of the area, the proposed rezoning is compatible with the Putnam Township Master Plan and the Livingston County Comprehensive Plan. Based on the compatibility with the future land use map of the Township, we believe the proposed rezoning request is compliant with the overall objectives of the Putnam Township Master Plan. STAFF RECOMMENDATION: Approval. The request to rezone from Rural Residential (10 acres minimum) to Single Family Residential (RS- 2 with 3 acres minimum) is compatible with the Putnam Township Master Plan and the current Livingston County Comprehensive Plan.

8 Livingston County Department of Planning M E M O R A N D U M TO: Livingston County Planning Commissioners and the Handy Township Board of Trustees Kathleen J. Kline-Hudson Director Robert A. Stanford Principal Planner Scott Barb Principal Planner FROM: Kathleen Kline-Hudson, Director DATE: August 30, 2018 SUBJECT: Z Chapter 18 Administration, Section 18.6 Conditional Rezoning of Land The Handy Township Planning Commission initiated this text amendment because a township rezoning case in spring of 2018 (Livingston County Case Z-21-18) identified an issue with the current zoning ordinance language regarding conditional rezoning. In this case, the conditions that were voluntarily imposed on a conditional rezoning had expired and the property owners simply wanted the zoning of the land to revert back to its original zoning designation (which is the process outlined in the MZA Michigan Zoning Enabling legislation). However, the Handy Township Zoning Ordinance language required that the property owners go through the process of a rezoning to revert the land back to the original designation. The Handy Township Planning Commission wishes to remedy this zoning ordinance language so that the process is consistent with MZA legislation. A summary of the proposed amendments are contained in this review. Proposed additions to existing text are noted in bold red underline, deletions in strikethrough, and staff comments are noted in bold, italic underline. Section 18.6 G, Revision of Zoning Department Information Administration Building 304 E. Grand River Avenue Suite 206 Howell, MI (517) Fax (517) Web Site livgov.com If approved development and/or use of the rezoned land does not occur within the time frame specified under Subsection F above, then the land shall revert to its former zoning classification as set forth in MCL The reversion process shall be initiated by the Township Board requesting that the Planning Commission proceed with consideration of rezoning of the land to its former zoning classification. The procedure for considering and making this reversionary rezoning shall thereafter be the same as applies to all other rezoning requests. The reversion process shall be completed upon a resolution of the Township Board that declares the development or use did not occur within the established time and that further such a resolution shall conclusively establish the rezoning of the property to its previous zoning classification and the Zoning Map shall be changed accordingly to reflect the changed zoning classification. County Planning Staff Comments: The time frame specified under Subsection F is: the approved development and/or use of the land pursuant to building another required permits must be commenced upon the land within 18 months after the rezoning took effect and thereafter proceed diligently to completion. The entire text of Section 18.6 is attached to this review for reference.

9 Z August 30, 2018 Page 2 Section 18.6 H. Subsequent Rezoning of Land When land that is rezoned with a Statement of Conditions is thereafter rezoned to a different zoning classification or to the same zoning classification but with a different or no Statement of Conditions, whether as a result of a reversion of zoning pursuant to Subsection G above or otherwise, the Statement of Conditions imposed under the former zoning classification shall cease to be in effect. Upon the owner's written request, the Township Clerk shall record with the Livingston County Register of Deeds a notice that the Statement of Conditions is no longer in effect. Upon the owner s written request, and upon payment to the Township for the costs of preparation and recording related thereto, the Township Clerk shall record with the Livingston County Register of Deeds a notice that the Statement of Conditions is no longer in effect. County Planning Staff Comments: The Township and the Township Attorney should consider amending the last sentence of Section 18.6 H so that it refers to the Township Fee Schedule. This provides the opportunity for a resident to reference a set fee for this transaction, prior to their request. Township Planning Commission Recommendation: Approval. The Handy Township Planning Commission recommended approval of the Section 18.6 text amendments at their August 23, 2018, meeting. There were no comments from the public at the public hearing held during this same meeting. Staff Recommendation: Approval. County Planning Staff finds the content of Section 18.6 G. and H. to be consistent with the language and process established in the Michigan Zoning Enabling Act.

10 Livingston County Department of Planning M E M O R A N D U M Kathleen J. Kline-Hudson Director Robert A. Stanford Principal Planner Scott Barb Principal Planner TO: FROM: Livingston County Planning Commission and the Handy Township Board of Trustees Scott Barb, Principal Planner DATE: September 12, 2018 SUBJECT: Z Amendments to Zoning Ordinance: Chapter 15 Site Development Requirements, Section 5.3 Signs; Chapter 21 Signs. The Handy Township Planning Commission is proposing to amend the Township Zoning Ordinance by creating a new Chapter 21 that governs signage within the Township. These changes have been developed as a result of the 2015 U.S. Supreme Court decision Reed v Gilbert and will aim to be consistent with the content neutral guidance that resulted from the court s decision. Staff has reviewed the proposed changes for compatibility with the Township Zoning Ordinance and offers the following comments for your review. Staff comments are written in italic and underlined with changes to the ordinance noted in red. Chapter 15, Section 15.3 Signs Section 15.3 will be deleted in its entirety from the Ordinance. Chapter 21 Signs A new Chapter 21 will be created to address and govern signage in Handy Township. The new section will be summarized below: Department Information Administration Building 304 E. Grand River Avenue Suite 206 Howell, MI (517) Fax (517) Web Site Section 21.1 Intent Staff comments: The intent of the Ordinance is stated as protecting and furthering the health, safety, and welfare of the residents of the Township, to conserve community character, and promote economic development through the regulation of signage. Any signs erected according to the provisions of this chapter may contain non-commercial messages in lieu of commercial messages and a non-commercial message may be substituted at any time in place of a commercial message. This latter part of the intent section is in keeping with content neutral guidance. Section 21.2 Definitions Staff comments: There are no outstanding items in this section. The definitions include the standard terminology for types of signs that are found in the majority of other community sign ordinances. Included are wall signs, ground signs, window signs, temporary signs, etc.

11 Section 21.3 General Sign Provisions 1. No person shall erect, alter, or permit to be placed, or replace any sign without first obtaining a land use permit, provided the following signs shall not require a land use permit: directional signs of six (6) sq. ft. in size or less, government signs, placards, temporary signs as regulated in the schedule of regulations, and window signs. 2. Signs shall be maintained free of peeling paint or paper, fading, staining, rust, or other conditions which impair legibility. 3. Sign support braces, guys and anchors shall be maintained in such a manner as to not cause a hazard. 4. Signs may be internally illuminated or if externally illuminated, and the source of the light shall be enclosed and directed to prevent the source of light from shining directly onto traffic or residential property. Home occupation signs shall not be illuminated. 5. No sign shall be placed in, upon or over any public right-of-way, alley, or other public place, except as may be otherwise permitted in this section. 6. No light pole, utility pole, or other supporting member shall be used for the placement of any sign unless specifically designed and approved for such use. 7. No sign shall be erected in any place where it may, by reason of its position, shape, color, or other characteristic, interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device, or constitute a nuisance per se. No such signs shall cause a vision hazard at any road intersection or driveway. 8. No commercial vehicle, which in the opinion of the Zoning Administrator has the intended function of acting as a sign, shall be parked in any area abutting the street, unless no other parking area is available. 9. No sigh shall employ any flashing, moving, oscillating, blinking, or variable intensity light, provided variable time-temperature signs may be permitted. 10. No sign shall contain any moving or animated parts nor have the appearance of having any moving or animated parts. 11. No wall sign shall extend beyond the edge of the wall to which it is affixed, and no wall sign shall extend above the roof line of a building. 12. No sign shall be erected above the eave of a building. Staff comments: The general sign provisions are appropriate for the Township Ordinance. Exempted Signs The following signs shall be exempt from the provisions of the Handy Township Zoning Ordinance: government signs, historical markers, window signs, memorial signs or tablets, murals, signs not visible from any street, signs for essential services, placards not exceeding two (2) square feet, address signs, and flags of the United States, Michigan, or other non-profit organization or institution, provided the height of the flag pole does not exceed forty (40) feet. Non-Conforming Signs, Illegal Signs, and Signs Accessory to Non-Conforming Uses 1. Every permanent sign which does not conform to the height, size, area, or location requirements of this section as of the date of the adoption of this Ordinance is hereby deemed to be non-conforming.

12 2. Non-conforming signs may not be altered, expanded, enlarged, or extended; however, non-conforming signs may be maintained and repaired so as to continue the useful life of the sign. 3. For purposes of this article, a non-conforming sign may be diminished in size or dimension or the copy of the sign may be amended or changed without jeopardizing the privilege of non-conforming use. If a sign is non-conforming in its setback, this section shall not apply, and the sign may not be replaced. 4. Any non-conforming sign destroyed by fire or other casualty loss shall not be restored or rebuilt if reconstruction will constitute more than fifty percent (50%) of the value or size of the sign on the date of loss. 5. Any sign which for a period of one (1) year or more contains no messaging, shall be removed by the owner of the building, structure, or property upon which such sign is located, within thirty (30) days of receipt of written notice by the Zoning Administrator. 6. A sign accessory to a non-conforming use may be erected in the Township in accordance with the sign regulations for the subject zoning district. Staff comments: The non-conforming section of the newly created chapter will be compatible with the existing Ordinance and does not contain any content related provisions. Units of Measurement Staff comments: This section of the new chapter provides brief instruction on how to measure signage. Sign Regulations Applicable to All Zoning Districts 1. All ground, wall, and freestanding signs may include reader boards. 2. Any sign, including awnings to which signs are affixed or displayed, not resting directly on the ground shall maintain a minimum clear space of eight (8) feet from the bottom of the sign to the ground. 3. Construction signs are permitted within any zoning district, subject to the following restrictions: a. One (1) sign is permitted to be placed on the lot where the construction is taking place. b. The sign shall be no larger than sixteen (16) sq. ft. in area, and not exceed six (6) ft. in height. In a case where two (2) or more firms utilize a sign, the sign shall be no larger than thirty-two (32) sq. ft. in area, and not exceed six (6) feet in height. c. Construction signs shall not be erected until a land use permit has been issued for the project. d. Construction signs shall be removed within fifteen (15) days of the issuance of any occupancy permit for the building or structure. 4. Special purpose or temporary signs, including banner or balloon signs, are permitted in conjunction with any permitted nonresidential use or agricultural use in a residentially zoned district, subject to the following restrictions: a. No more than two (2) such signs shall be displayed for each special event. Such signs shall be located on the lot on which the special event is held. b. A special purpose sign shall require a land use permit. Fees shall be paid in such amount as is established by the Township Board in its

13 schedule of fees at the time of submittal of the application for the permit. c. A special purpose sign shall be permitted for no more than sixty (60) days and shall be removed within forty-eight (48) hours after the conclusion of the special event that is being advertised. d. Temporary signs shall not require a land use permit, may have more than two (2) on a parcel, but shall not be permitted to remain for more than ten (10) days after the purpose for which the sign was advertising has ended. e. All such signs shall be setback a minimum of fifteen (15) feet from the road right-of-way line or any side or rear lot line. f. No such signs shall cause a vision hazard at any road intersection or driveway. 5. Directional signs are permitted subject to the following regulations: a. No such sign shall exceed six (6) sq. ft. in area or six (6) feet in height. b. Directional signs shall be limited to traffic control functions only. c. Such signs shall not cause a vision hazard at any road intersection, or driveway. 6. Historic Barn Signs. A land use permit application for one (1) wall sign shall be submitted for the Planning Commissions review and shall be permitted on historic barns if the following restrictions and conditions are met: a. The barn must be at least 75 years or older and be of post and beam construction. b. Calculation of sign square footage: Cannot exceed more than 75% of the barn s side. c. Sign must be painted or directly attached on the barn structure. Protruding signs or extension of more than two (2) feet from the barn wall are not permitted. d. Colors of wall sign: Colors shall be compatible, consistent and complimentary to the historic barn. e. Lighting: Lighting of the sign is not permitted from either external or internal sources. f. The barn sign must be used as a preservation tool to fund the historic preservation and/or restoration of the barn. At the discretion of the Planning Commission, restoration must be completed prior to issuance of the sign permit or an adequate performance bond posted. Staff comments: Rules regulating the size and placement of signs is permissible under the new sign requirements. Signs that direct and point out historic sites (historic barn signs) are also allowed under the regulations that have resulted from Reed v Gilbert.

14 Schedule of Regulations Signs in each zoning district will be subject to the following regulations: Business Park signs BUSINESS PARK PERMITTED SIGNS Number Height One (1) free standing sign may be installed at the entrance(s) to a park. Each parcel in a park will be allowed one (1) available space on a park sign. No business park sign shall be greater than 8 feet long and not exceed a total of 32 square feet. Signs shall be located at least 15 feet from the right-of-way of the minor intersecting road and at least 60 feet from the centerline of the major intersecting road. No higher than six (6) feet

15 Schedule of Regulations Residential Districts AR, RA, RB, MFR AND MHP ZONING DISTRICTS - PERMITTED SIGNS Ground signs for residential subdivisions, manufactured home parks, multiple family complexes, schools, or other permitted nonresidential uses allowed in the district Number One (1) ground sign per entrance, as shown on an approved site plan, may be permitted or two (2) single faced signs. No greater than 32 square feet. Minimum of fifteen (15) feet back from the road right of way and fifteen (15) feet from the side and rear lot line. Height Wall signs for home occupations Number Wall signs for non-residential uses Number No higher than six (6) feet One (1) per lot or parcel No greater than two (2) square feet (nine (9) square feet in the AR District) On wall of principal building facing street. One (1) per street frontage Temporary Signs/Special Purpose signs No greater than five (5%) percent of the wall area to which the sign is affixed, not to exceed a maximum area of 75 square feet. On wall of building facing street No greater than six (6) square feet Height Minimum of fifteen (15) feet back from the road right of way and fifteen (15) feet from the side and rear lot line. No higher than six (6) feet

16 Schedule of Regulations NSC, AC, RD, I-1 and I-2 Districts NSC, AC, RD, I-1 and I-2 - PERMITTED SIGNS Ground signs Number One (1) per lot or parcel, except that only one (1) ground sign or one (1) freestanding sign shall be permitted per lot or parcel Height Freestanding signs Number Height Wall signs Number Temporary and Special Purpose signs No greater than forty-five (45) square feet Minimum of fifteen (15) feet from any property line No higher than six (6) feet Freestanding signs shall be prohibited unless a lot or parcel is adjacent to I-96. In that event, that lot or parcel may be entitled to either one (1) ground sign or one (1) freestanding sign. No greater than one (1) square foot of sign area per one (1) foot of lot frontage up to a maximum of seventy-five (75) square feet Minimum of fifteen (15) feet from any property line No higher than twenty (20) feet, with a minimum clearance of eight (8) feet between the ground and the bottom of the sign. One (1) per building. For buildings that contain distinct and separate uses, separate wall signs shall be permitted for each such use. However, the total allowable square footage for all combined wall signs shall not exceed the maximum allowable square footage specified for each district. No greater than ten percent (10%) of the wall area to which the sign is affixed, not to exceed a maximum sign area of one hundred fifty (150) square feet. On wall of building facing street Minimum of fifteen (15) feet from any side or rear property line Height No higher than six (6) feet Billboards (Permitted only in the I-1 and I-2 District and only as an accessory use) All billboards shall conform to the requirements of the Highway Advertising Act (PA 106 of 1972, as amended) and Section 21.3.I

17 Schedule of Regulations Industrial District I-1 INDUSTRIAL DISTRICT - PERMITTED SIGNS Ground signs Number Height Wall signs Number Temporary /Special Purpose signs One (1) per lot or parcel No greater than thirty-two (32) square feet Minimum of five (5) feet from the road right-of-way line, minimum of fifteen (15) feet from the side or rear property line No higher than six (6) feet One (1) per street frontage No greater than ten (10%) percent of the wall area to which the sign is affixed, not-to-exceed a maximum sign area of two hundred (200) square feet. On wall of building facing street No greater than sixteen (16) square feet per side Height Minimum of five (5) feet from the road right-of-way line, minimum of fifteen (15) feet from the side or rear property line. No higher than six (6) feet Staff comments: The schedule of regulations for each zoning district only deals with the size and/or placement of the proposed signs. Billboards and/or Off-premise signs In addition to being permitted as an accessory use only in the I-1 and I-2 District and adjacent to I- 96, billboards and/or off-premise signs shall be subject to the following conditions: 1. Where two (2) or more billboards and/or off-premise signs are located along the frontage of a road or highway, they shall not be less than one thousand two hundred and fifty (1,250) feet apart. A double face (back to back) or a V-type structure shall be considered a single sign provided the interior angle of such signs does not exceed twenty (20) degrees. 2. The total surface area facing in one direction of any billboard and/or off-premise sign shall not exceed six hundred and seventy-two (672) square feet. 3. Billboards and/or off-premise advertising signs shall not exceed twenty-five (25) feet in height from ground level. The permitted height may be increased to forty (40) feet in height by the Planning Commission, if it can be shown that excessive grades, building interference, bridge obstruction, and/or other types of man-made obstructions significantly obstruct the views of the sign. 4. Billboards and/or off-premise signs shall not be erected on the roof of any building nor have one sign above another. 5. A billboard shall be self-supported and pole-mounted.

18 6. The Township Board may charge a fee to the applicant and/or owner of the billboard and/or off-premise sign as established by the Township Board in its schedule of fees to reimburse the Township for any expenses incurred by the Township in verifying that the sign as constructed complies with the provisions hereof and the land use permit, which fee must be paid in full prior to the Township issuing a certificate of Zoning Ordinance Compliance. This fee shall be in addition to the normal and customary application and review fees charged by the Township for land use permits, site plan review, etc. Staff comments: This section on billboards appears to be consistent with several Michigan cases where billboards have been regulated based on size, placement, and spacing between other billboards. Hucul Advertising v Gaines Charter Township and Blair Township v Grand Lamar are just a few of those cases. We believe the billboard provisions are consistent with the existing Township Ordinance since they are only regulating size and/or placement and not addressing any content. The proposed amendments to the Ordinance have already been reviewed by the Township Attorney for legal compliance and application of new signage requirements after the Reed v Gilbert decision. TOWNSHIP PLANNING COMMISSION RECOMMENDATION: APPROVAL. There were no comments at the public hearing on the proposed amendments at the August 23, 2018 planning commission meeting. Staff did receive some written comments regarding the proposed language that have been considered as part of this review. RECOMMENDATION: APPROVAL. Staff believes the proposed amendments are a reasonable and appropriate addition to the Township Ordinance.