ZONING ORDINANCE AMENDMENTS
ORDINANCE NO. 01-2004 (Amendment No. 8)

Zoning Ordinance No. 01-2004 was adopted by the Bruce Township board on March 11, 2004. The following provisions amend Ordinance No. 01-2004 as indicated. *

ARTICLE II
DEFINITIONS

* The definition of Essential Services has been revised for clarification.

28.205 E - Definitions

Essential Services. Means reasonably necessary services provided for public health, safety, and/or welfare by public utilities or Township departments. Such services may include the erection, construction, and maintenance of underground, surface, or overhead electrical, gas, steam, fuel, water, and communication systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, and cables, plus traffic signals, hydrants, and similar accessories used in connection therewith. Included are buildings which are necessary for the furnishing of adequate service by such utilities or Township departments. Storage areas and buildings for offices, maintenance, warehousing, and facilities of a similar nature are not included.

ARTICLE IV
NON-CONFORMING LOTS, USES, and STRUCTURES

* Subsection 28.406(d) has been revised to remove the reference to deleted Subsection 28.605D(i).

28.406 (d) Any extensions or expansions of uses that are not confined to the interior of buildings shall be subject to the Special Land Use requirements of Article VI of this Ordinance.
Lawful non-conforming earth removal, quarrying, gravel processing, mining, and related mineral extraction business operations are unique uses that, by their nature, include some degree of expansion of land surface usage on an intermittent basis. These unique uses may be expanded within the confines of the particular lot occupied subject to compliance with the Setback requirements of Subsection 28.605D(c) and subject to compliance with the Prohibited Practices requirements of Subsection 28.605D(m).

ARTICLE VI
SPECIAL LAND USES

* Article 28.605D(i) concerning ground water quality monitoring plans for new gravel pits has been deleted pending the development of appropriate guidelines by the Department of Environmental Quality and/or the Health Department.

28.605(D) (i) (Reserved for Future Use)

ARTICLE XIII
DISTRICTS

* Article XIII has been completely rewritten to reflect the establishment of Zoning Districts in the Township.

28.1300 General. The division of the Township into Zoning Districts means that within each such Zoning District,
no building or structure shall hereafter be erected, altered, or located and no premises or property shall be used except for the uses and purposes hereinafter set forth as Permitted Uses or Special Land Uses for each Zoning District classification; subject; however, to such prior approval as is required by this Ordinance to be obtained for such Permitted and Special Land Uses.

28.1301 District Designations. For purposes of this Ordinance, the following Zoning District designations are established for Bruce Township:

RR-1 Single-Family Rural Residential District
C/LI Commercial/Light Industrial District
RR/R Riverfront Residential/Recreational District
AG/R Agricultural/Residential District

28.1302 Boundaries. The boundaries of designated Zoning Districts are hereby established as shown on the Bruce Township Zoning Map that accompanies this Ordinance. The Bruce Township Zoning Map with all notations, references, and other information shown thereon shall be as much a part of this Ordinance as if fully described herein.

(a) Unless shown otherwise, Zoning District boundaries are section lines; lot lines; the centerlines of roads and highways; and Township limit lines.

(b) Where, due to scale, lack of detail, or illegibility of the Zoning Map accompanying this Ordinance, there is any uncertainty, contradiction, or conflict as to the intended location of any District boundary shown thereon, interpretation concerning the exact location of such District boundary shall be determined, upon written application, or upon its own motion, by the Zoning Board of Appeals.

(c) All areas of the Township not designated as RR-1, C/LI, or RR/R Districts are designated as AG/R Districts on an interim basis until such time as the Planning Commission completes the study of these areas and final Zoning District designations for these areas can be established.

28.1303 District Specific Requirements. The Ordinance provisions for Permitted Uses and for Special Land Uses established for each Zoning District shall have application only in the particular Zoning District concerned. All other requirements of the Zoning Ordinance shall apply to all Zoning Districts.

28.1304 RR-1 - SINGLE FAMILY RURAL RESIDENTIAL DISTRICT

28.1304A Statement of Purpose. Single-Family Rural Residential Districts are those portions of the Township intended for single-family residential development and residentially compatible farming and agricultural activities. In addition, the preservation of land in its natural state is a priority in Rural Residential Districts.

28.1304B Permitted Uses. In RR-1 Districts, the following uses are defined as Permitted Uses and are allowed upon issuance by the Township of a Zoning Permit obtained in accordance with the requirements and procedures included in this Ordinance.

(a) Single-family dwellings, garages, patios, decks, porches, accessory buildings (see Section 28.1400, paragraph 3), and other facilities normally associated with residential use.
(b) The following low impact farming and agricultural activities -- crop farming, orchards, and grazing areas for beef cattle and horses. Zoning Permits are not required for these permitted activities unless requiring or associated with the construction or placement of buildings or structures.
(c) Barns, stables, and other farm accessory buildings customarily needed for the type of existing or proposed low impact farming and agricultural activities permitted under Subsection (b).
(d) Home occupations meeting the requirements for "No Permit Required" as provided in Section 28.319(a).
(e) Markets for the sale of agricultural products grown or produced on the premises are a permitted use but do not require permits provided that advertising is limited to one (1) on-premise sign not more than sixteen (16) square feet in area advertising such products.

28.1304C Special Land Uses. In RR-1 Districts, the following uses are defined as Special Land Uses and may be permitted upon issuance of a Special Land Use Permit obtained in accordance with the requirements and procedures included in this Ordinance.

(a) Churches subject to the following condition: The site has frontage or direct access to an existing or planned major or secondary thoroughfare.
(b) Home occupations other than those exempted under Section 28.319(a).
(c) Public, parochial, and private pre-school and/or elementary schools offering courses in general education.
(d) Multiple family dwellings.
(e) Publicly owned and operated parks, recreational facilities, and boat launching facilities.
(f) Boat houses on the St. Marys River.

28.1305 C/LI - COMMERCIAL/LIGHT INDUSTRIAL DISTRICT

28.1305A Statement of Purpose. Commercial/Light Industrial Districts are the selected portions of the Township adjacent to highway M-129 intended for the establishment of low to moderate impact service and supply business activities, retail activities, and light industrial activities of the type that benefit from convenient trunk highway access.

28.1305B Permitted Uses. In C/LI - Commercial/ Light Industrial Districts, the following uses are defined as Permitted Uses and are allowed upon issuance by the Township of a Zoning Permit obtained in accordance with the requirements and procedures included in this Ordinance.

(a) All Permitted Uses of the RR-1 - Single Family Rural Residential District (see Section 28.1304B).

28.1305C Special Land Uses. In C/LI Districts, the following uses are defined as Special Land Uses and may be permitted upon issuance of a Special Land Use Permit obtained in accordance with the requirements and procedures included in this Ordinance.

(a) All Special Land Uses of the RR-1 - Single Family Rural Residential District (see Section 28.1304C).
(b) Any generally recognized retail business which supplies commodities on the premises.
(c) Day care facilities for children other than those exempted under Section 28.319(a).
(d) Mobile home parks and recreational vehicle parks.
(e) Earth removal, quarrying, gravel processing, mining, and related mineral extraction activities.
(f) Storage sites for topsoil, sand, gravel and other mineral materials including salvaged pavement materials, stockpiled for commercial use.
(g) Support facilities for Essential Services.
(h) Cemeteries.
(i) Funeral homes (mortuaries).
(j) Banks and banking facilities.
(k) Professional, administrative, and sales offices.
(l) Medical and dental offices including clinics.
(m) Personal service establishments such as shoe repair shops, barber shops, and hair salons.
(n) Restaurants and taverns.
(o) Sexually oriented businesses.
(p) Warehousing, wholesale businesses, and trucking facilities.
(q) Gasoline service stations, vehicle repair and maintenance facilities, and car washing facilities.
(r) Manufacturing facilities and assembly plants.
(s) Contractor offices and storage yards for equipment and materials.
(t) Non-residential and rental storage buildings.
(u) Private clubs and lodge halls.
(v) Hotels, motels, tourist cabins, and bed and breakfast establishments.
(w) Off-premise signs and billboards.

28.1306 RR/R - RIVERFRONT RESIDENTIAL/RECREATIONAL DISTRICT

28.1306A Statement of Purpose. The Riverfront Residential/ Recreational District is the portion of the Township adjacent to South Scenic Drive south of 13 Mile Road bordering the St Marys River. This District is intended to encourage development consistent with the area's scenic character and recreational potential in a manner consistent with the existing residential development. In addition, the preservation of land in its natural state is a priority in RR/R Districts.

28.1306B Permitted Uses. In the RR/R District, the following uses are defined as Permitted Uses and are allowed upon issuance by the Township of a Zoning Permit obtained in accordance with the requirements and procedures included in this Ordinance.

(a) All Permitted Uses of the RR-1 - Single Family Rural Residential District (see Section 28.1304B).

28.1306C Special Land Uses. In the RR/R District, the following uses are defined as Special Land Uses and may be permitted upon issuance of a Special Land Use Permit obtained in accordance with the requirements and procedures included in this Ordinance.

(a) All Special Land Uses of the RR-1 - Single Family Rural Residential District (see Section 28.1304C).
(b) Resort and river oriented business facilities and operations.
(c) Commercial boat launching and docking facilities.
(d) Marinas.
(f) Recreational vehicle parks.
(g) Campgrounds.
(e) Restaurants and taverns.
(f) Hotels, motels, tourist cabins, and bed and breakfast establishments.
(g) Private clubs and lodge halls.

28.1307 AG/R - AGRICULTURAL/RESIDENTIAL DISTRICT

28.1307A Statement of Purpose. Agricultural/Residential Districts are those areas of the Township where farming, agriculture, dairying, forestry operations, other rural-type activities, and general residential uses are encouraged. The preservation of land in its natural state is encouraged in Agricultural/Residential Districts.

28.1307B Permitted Uses. In AG/R Districts, the following uses are defined as Permitted Uses and are allowed upon issuance by the Township of a Zoning Permit obtained in accordance with the requirements and procedures included in this Ordinance.

(a) Farms, farm dwellings, barns, stables, silos, accessory buildings and structures, and other facilities customarily needed for the type of existing or proposed farm use (see Section 28.1400, paragraph 4).
(b) Single-family dwellings, garages, patios, decks, porches, accessory buildings (see Section 28.1400, paragraph 3), and other facilities normally associated with residential use.
(c) Bona fide farming and agricultural enterprises and activities. Specifically excluded are activities that result in the discharge of animal wastes into surface water courses except as permitted under Michigan law as "generally accepted farming practice" and activities indicated in Section 28.1307C(q) as requiring Special Land Use Permits.
(d) Public, parochial, and other private elementary, intermediate, and high schools not operated for profit.
(e) Home occupations meeting the requirements for "No Permit Required" as provided in Section 28.319(a).
(f) Markets for the sale of agricultural products grown or produced on the premises are a permitted use but do not require permits provided that advertising is limited to one (1) on-premise sign not more than sixteen (16) square feet in area advertising such products.

28.1307C Special Land Uses. In AG/R Districts, the following uses are defined as Special Land Uses and may be permitted upon issuance of a Special Land Use Permit obtained in accordance with the requirements and procedures included in this Ordinance.

(a) Home occupations other than those exempted under Section 28.319(a).
(b) Day care facilities for children other than those exempted under Section 28.319(a).
(c) Multiple family dwellings.
(d) Schools operated for profit and institutions of higher learning.
(e) Publicly owned and operated libraries, parks, and recreational facilities.
(f) Publicly owned office buildings, facilities, and uses.
(g) Support facilities for Essential Services.
(h) Cemeteries.
(i) Golf courses.
(j) Mobile home parks and recreational vehicle parks.
(k) Camps and campgrounds.
(l) Archery and small arms ranges.
(m) Earth removal, quarrying, gravel processing, mining, and related mineral extraction activities.
(n) Storage sites for topsoil, sand, gravel and other mineral materials including salvaged pavement materials, stockpiled for commercial use.
(o) Private landing fields.
(p) Commercial kennels.
(q) Animal feedlots, piggeries, poultry farms, rendering plants, commercial fertilizer production facilities, garbage feeding or disposal activities, and similar activities operated as "generally accepted farming practice" that tend to produce odors commonly considered to be undesirable or offensive.
(r) Commercial boat docking and launching facilities.
(s) Marinas.
(t) Boat houses on the St. Marys River.
(u) Office and commercial buildings providing space for professional and personal services.
(v) Banks and banking facilities.
(w) Business establishments and business activities.
(x) Resort and river oriented business facilities and operations.
(y) Restaurants and taverns.
(z) Sexually oriented businesses.
(aa) Private clubs and lodge halls.
(bb) Gasoline service stations, vehicle repair and maintenance facilities, and car washing facilities.
(cc) Funeral homes (mortuaries).
(dd) Hotels, motels, tourist cabins, and bed and breakfast establishments.
(ee) Warehousing, wholesale businesses, and trucking facilities.
(ff) Manufacturing facilities and assembly plants.
(gg) Contractor offices and storage yards for equipment and materials.
(hh) Wind energy conversion systems and telecommunication structures (see Section 28.325).
(ii) Off-premise signs and billboards.
(jj) Non-residential and rental storage buildings.
(kk) Outside privy facilities for hunting camps and seasonal cottages.
(ll) Churches subject to the following condition: The site has frontage or direct access to an existing or planned major or secondary thoroughfare.

28.1308 (Reserved for future use.)

28.1309 (Reserved for future use.)

28.1310 (Reserved for future use.)

28.1311 (Reserved for future use.)

28.1312 Adult Foster Care Facilities and Family or Group Day-care Homes (MCL 125.3206). The following uses shall be considered residential uses in all zoning districts:

(a) State licensed residential facilities provided they meet the requirements of Public Act 287 of 1972 and the requirements of this Ordinance. This provision includes foster family homes, foster family group homes, adult foster care family homes, and adult foster care small-group homes but does not include adult foster care facilities licensed by a state agency for care and treatment of persons released from or assigned to adult correctional institutions. State licensed residential facilities for six (6) or fewer persons shall be eligible for Zoning Permits provided that the facilities meet other requirements of the Zoning Ordinance. Facilities for seven (7) or more persons shall be eligible for consideration under the Special Land Use Permit provisions of Article VI.

(b) Group day-care homes meeting the standards stated in MCL 125.3206, Section 206(4), shall be considered under the Special Land Use Permit provisions of Article VI.

ARTICLE XIV
PERMIT REQUIREMENTS AND PROCEDURES

* Section 28.1400, paragraph 4, has been revised to delete the reference to Section 28.1304B that is no longer a valid reference.

28.1400 General.
(para. 4) Zoning Permits are not required for permitted farming and agricultural uses not requiring or associated with the construction or placement of buildings or structures.

ARTICLE XVI
PLANNING COMMISSION

* The first sentence of Section 28.1601 has been modified to provide necessary flexibility in meeting frequencies to reflect changes in Planning Commission workload.

28.1601 Meetings, Officers, Employees. The Planning Commission shall normally meet on a monthly basis but additional meetings may be scheduled when necessary to efficiently and effectively carry out its responsibilities. Meeting frequencies may be reduced if workload conditions warrant fewer meetings. Public notice of Planning Commission meetings shall be accomplished as required by law. Any persons having interests in the Township, and/or their duly appointed representatives, shall be heard relative to any matters that fall within the purview of the Planning Commission.

ARTICLE XXII
EFFECTIVE DATE

A public hearing having been held hereon, this Amendment shall take effect seven (7) days after its adoption
and publication.

Ordinance No. 01-2004 (Amendment No. 8) adopted June 14, 2007.

______________________ ______________________
Daniel Gallagher Wanda Sawyers
Bruce Township Supervisor Bruce Township Clerk

Public Hearing Date: 6/12/07
Date Adopted: 6/14/07
Date of Publication: 6/21/07
Effective Date: 6/29/07