CHARTER TOWNSHIP OF WEST BLOOMFIELD ORDINANCE NO. CZ18-02

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1 CHARTER TOWNSHIP OF WEST BLOOMFIELD ORDINANCE NO. CZ18-02 An Ordinance to amend the Zoning Ordinance, Chapter 26 of the Charter Township of West Bloomfield Code of Ordinances, to regulate restaurants with drive-through facilities. THE CHARTER TOWNSHIP OF WEST BLOOMFIELD ORDAINS: Section 1 of Ordinance Chapter 26, How to Use this Ordinance, 3. Use Matrices, is hereby amended to read as follows: USE MATRICES Below is a reference table that summarizes the uses listed in the Ordinance. Uses are listed in Section 3.2, which should be consulted as certain conditions may apply. If there are any conflicts between this table and the uses listed in Section 3, this table will control. COMMERCIAL DISTRICTS B-1 B-2 B-3 B-4 Restaurant, carry-out P P P P Restaurant, drive-in S S Restaurant with drive-through facilities S S S Restaurant, standard P P P P Restaurants with outdoor seating P P P P P = Principal Use Permitted S = Special Land Use Section 2 of Ordinance Chapter 26, Article 2, Definitions, Section 2.1, is hereby amended as follows. All other definitions remain the same: Planned Commercial Shopping Plaza means a commercial building which consist of three (3) or more spatial areas for separate shops, restaurants and other businesses each with private exterior entrances. A planned commercial shopping plaza development site may include more than one building with three (3) or more spatial areas for separate shops, restaurants and other businesses each with private entrances or may have common parking facilities, shared access, and have been planned as one development site regardless of ownership. Drive-through Facility is an accessory use whereby a customer drives a motor vehicle onto the premise and to a window or mechanical device by which the customer is serviced without exiting the vehicle, and may include the following: designated travel or stacking lanes, intercom systems, menu/order boards, service windows, kiosks, and mechanical devices. Restaurant means any establishment that provides as a principal use, the preparation and sale of food and/or beverages in a ready to consume state for consumption on or off the premises and includes a standard restaurant, a carry-out restaurant, a drive-in restaurant, a combination thereof, or a restaurant with drive-through facilities as defined below: 1

2 1. Standard restaurant means a business establishment that provides as a principal use the preparation and sale of food and/or beverages in a ready to consume state for consumption by customers in a dining area either delivered to the table or acquired by customers at a cafeteria or buffet. 2. Carry-out restaurant means a business establishment that provides as a principal use the preparation and sale of food and/or beverages in a ready to consume state primarily for consumption off the premises. A carry-out restaurant shall not include a drive-through facility. 3. Drive-in restaurant means a business establishment that provides as a principal use the preparation and sale of food and/or beverages in a ready to consume state delivered to the customer in a motor vehicle for consumption in the motor vehicle while parked on the premise. A drive in-restaurant shall not include drive-through facilities. 4. Restaurant with drive-through facilities means a business establishment that provides as a principal use the preparation and sale of food and/or beverages in a ready to consume state for consumption by customers in either the on-site dining area or may be ordered by and delivered to the customer through a drive-through window, for consumption off the premises. Section 3 of Ordinance Chapter 26, Article 3 Zoning Districts, Section 3.1.6, B-2, Community Business District and 3.1.7, B-3, General Business District are hereby amended to add the following special land use: Restaurants with Drive-Through Facilities Section 4 of Ordinance Chapter 26, Article 3 Zoning Districts, Section C, B-4, Restricted General Commercial District Special Land Uses is hereby amended to read as follows: i. Automobile service stations for sale of fuel, lubricants and minor accessories only, and for incidental repair work 4.4 ii. Car wash establishments (when completely enclosed within a building) 4.5 iii. Automotive service garages of every kind which do not require the overnight storage of cars, such as rustproofing, transmission shops and bump/ paint shops iv. Public utility buildings, public service facilities, telephone exchange buildings, electric transformer stations and substations, gas regulator stations, and similar public uses, excluding storage yards and water and sewer pumping stations(1). An obscuring wall or fence or landscaped buffer shall be provided in accordance with the provisions in 5.12, to serve as a buffer between the utility and adjacent uses. v. Funeral homes 4.16 vi. Private clubs and lodge halls vii. Open-air businesses 4.27 viii. Bowling alleys, dance halls, gymnasiums and similar recreation or entertainment facilities 4.7 ix. Restaurants, drive-in, 4.14 x. Restaurants with Drive-Through Facilities xi. Veterinary hospitals or clinics

3 xii. Motel 4.22 xiii. New or used car sales office or showroom (when completely enclosed) xiv. Massage therapy establishments 4.56 Section 5 of Ordinance Chapter 26, Article 3 Zoning Districts, Section M Drive-Through Standards is hereby amended to read as follows: M. DRIVE-THROUGH STANDARDS Drive-through facilities shall comply with the use standards set forth in Section 4.14 Section 6 of Ordinance Chapter 26, Article 4 Use Standards, Section 4.14, Drive-In and Restaurants with Drive-Through Facilities is hereby amended to read as follows: 4.14 DRIVE-IN RESTAURANTS AND RESTAURANTS WITH DRIVE-THROUGH FACILITIES 1. General Requirements A. Special land use required. All drive-in restaurants and restaurants with drive-through facilities shall be subject to the review standards and procedures referenced in Section 6.2 Review Standards and Procedures for Special Land Uses. After the required public hearing and recommendation by the Planning Commission, the review and approval of the site plan and special land use by the Township Board is required for all drive-in restaurants and restaurants with drive-through facilities. B. Accessory use. Drive-through facilities shall be accessory to a standard restaurant with indoor dining on-site. C. Performance Standard. All drive-in restaurants and restaurants with drive-through facilities shall comply with the Performance Standards of Section 5.11 of the Zoning Ordinance. D. Traffic Study. A traffic study/traffic impact statement may be required by the Planning Commission to ensure that the road and site are adequate to support the proposed drive-in restaurant or restaurant with drive-through facilities at the petitioner s expense. E. Additional findings. In addition to the special land use requirements from Section 6.2 Review Standards and Procedures for Special Land Uses, the Planning Commission shall make a finding that the proposed use will not have an adverse impact on the site and on the adjacent lands and uses with respect to landscaping, screening, off-street parking, vehicular and pedestrian circulation, and the compatibility of its physical design with respect to adjacent buildings. 2. Restaurants with Drive-Through Facilities A. Development goals. Planning goals of the Township are to create a destination community with a strong sense of place, to encourage place-making as part of redevelopment, and to encourage the availability of a variety of healthy eateries. An abundance of businesses with drive-through facilities is counter-productive to these 3

4 stated goals. Drive-through facilities may be permitted with special land use approval as follows: i. B-2, B-3, and TCD Zoning Districts. In the B-2, Community Business District, the B-3, General Business District, and the TCD, Township Center District, drivethrough facilities are permitted with special land use approval at restaurants serving food and beverages prepared on-site. ii. B-4 Zoning District. In the B-4, Restricted General Commercial District, all types of restaurants with drive-through facilities are permitted with special land use approval as regulated in this chapter. iii. B-1 Zoning District. In the B-1, Local Business District, Restaurants with drivethrough facilities are prohibited. B. Locational criteria. Only one (1) restaurant with a drive-through facility may be permitted per development site, provided the restaurant is structurally attached to the planned commercial shopping plaza building. However, in no instance shall a planned commercial shopping plaza development site which contains an automobile service station also contain a restaurant with drive-through facility. i. Exception. Where it is not feasible to incorporate a restaurant with drive-through facilities attached to a planned commercial shopping plaza due to stacking lane setback, existing building placement, or as determined by the Planning Commission, one (1) free standing restaurant with drive-through facilities may be permitted as an outbuilding to a planned commercial shopping plaza development site, subject to the following; if permitted: a. It shall be located no closer than five hundred feet (500 ) from any other restaurant with drive through facilities regardless of jurisdictional limits. This measurement shall be taken from the closest outer limits of the building/tenant space of the restaurant with drive-through facilities; and b.parking and ingress/egress shall be designed and shared between the planned commercial shopping plaza and the outbuilding. No independent ingress/egress shall be provided to the free standing restaurant with drivethrough facilities. c. The free standing restaurant with drive-through facility shall comply with the stacking lane requirements for placement, setback, and numeral value as described in Section D and Section of the Zoning Ordinance. C. Hours of Operation. For restaurants with drive-through facilities, the accessory drivethrough component may only be utilized between the hours of 5:00 AM through 11:00 PM. D. Site Requirements. The site shall be designed to achieve traffic circulation features both within the site and in relation to access streets that assure the safety and convenience of pedestrian traffic. i. Pedestrian connections. Whenever a pedestrian path crosses a drive-through lane and or drive-through stacking lane, the pedestrian crossing shall be emphasized with an alternative paving material (stamped concrete, pavers, ect.). The Planning Commission may way the alternative pedestrian crossing material if it is determined that the layout and design of the pedestrian connection is 4

5 appropriately designed to minimize potential conflicts between pedestrians and drive-through traffic. ii. Staking Spaces. All restaurants with drive-through facilities shall meet the stacking space requirements listed in Section , Off-Street Parking Space Layout, Standards, Construction and Maintenance, and shall comply with the following: a. All stacking spaces shall be located a minimum of one-hundred fifty (150) feet from any residential zoning district. b. Vehicle stacking areas shall not be located between the building and any street. Stacking areas shall only be permitted on a maximum of two sides of the building. Any stacking area visible from a public street shall be screened with one of the following, placed adjacent to the stacking lane: a. A year round opaque landscape screen with a minimum height of four (4) feet in height above the surrounding grade, or b.a hardscape feature having a minimum height of four (4) feet above the surrounding grade such as a decorative screen wall or planter box. E. Building Design Standards. All restaurants with drive-through facilities shall comply with the following: i. Windows. Drive-through windows shall not be located within forty (40) feet of the right-of-way or road easement. ii. Minimum Area. Restaurants with drive-through facilities shall contain a minimum of 2,000 square feet. Fifty (50) percent of the square footage of the restaurant with drive-through facility shall be dedicated to indoor dining/seating areas. iii. Primary Building Materials. Buildings shall be designed with similar architectural character as the planned commercial shopping plaza that they are part of, and shall mainly be comprised of high quality building materials such as brick, stone, cultured stone, decorative wood, integrally colored concrete masonry units (that are similar in appearance to clay brick units), decorative block (e.g. split- or smooth-faced), decorative fiber-reinforced cement siding (such as Hardie board or plank), decorative metal panels, tile, decorative glass, and similar materials as determined to be similar by the Planning Commission. Materials shall be left in their natural state and shall not be painted or otherwise modified, with the exception of siding, stucco, or other similar materials. iv. Secondary Building Materials. Architectural design elements and colors shall only be incorporated as secondary elements to the development and not as the dominate element. Such elements shall be consistent and blend with the larger development area. Materials requiring low maintenance are recommended over high maintenance materials. For instance, materials with integral color are generally recommended over materials that require painting. Non-durable materials such as EIFS shall only be permitted as an accent material, not to exceed 10% of the building facade. v. Colors. All colors shall be harmonious with the character of the site, buildings, and surrounding area, and not used to draw attention, i.e. serve as a sign. F. Signage: 5

6 In addition to the permitted signs described in Section 5.15, Signs, each restaurant with drive-through facilities shall be permitted the following additional signs: i. Menu Signs. Menu signs shall comply with the following: a. Regardless of the number of drive-through lanes, one menu/information sign shall be permitted per drive-through and may have a maximum height of seven (7) feet and a maximum area of thirty-two (32) square feet. All menu signs shall be monument-style signs with a decorative base at least as wide as the sign. b. Menu signs shall be located in the rear yard only and shall be appropriately landscaped to screen the sign from public rights-of-way and adjacent properties. c. Internally illuminated and externally illuminated menu signs are permitted. Sign lighting shall comply with the regulations of Section 5.6 Outdoor Lighting of the Zoning Ordinance. ii. Electronic message ordering. Unless a specific waiver is granted by the Planning Commission, the use of electronic message ordering stations shall be prohibited. iii. Directional Signs. Directional signs shall comply with the following: a. Two (2), three (3) square-foot directional signs shall be provided per drive-through use. b.directional signs may either be ground mounted or wall mounted. Ground mounted directional signs shall not exceed three (3) feet in height. c. The use of illumination on direction signage is prohibited. 3. Drive-in Restaurant A. Site Standards. Drive-in restaurants shall comply with the following site standards in addition to other applicable requirements of this chapter: i. Front yard. A front yard setback of at least sixty (60) feet shall be required. ii. Ingress/egress. Points of ingress and egress shall be located at least two hundred fifty (250) feet from the right-of-way of any intersecting street. Section 7 of Ordinance Chapter 26, Article 4, Section , Retail Uses in the I-OP District, is hereby amended to read as follows: Reserved. Section 8 of Ordinance Chapter 26, Article 5 Site Standards, Section is hereby amended to read as follows: Drive though lanes, route or path designated for customer to drive a motor vehicle onto the premise for the purposes of receiving goods or services without the driver exiting the vehicle shall comply with the following requirements: A. Drive-through lanes shall be separate from circulation routes and lanes necessary for ingress to and egress from the property. B. Drive-through lanes shall not utilize any space which is necessary for adequate access to parking spaces from internal maneuvering lanes. 6

7 C. Drive-through lanes shall have a minimum width of ten (10) feet. D. Drive-through lanes shall have a minimum center line radius of twenty-five (25) feet. E. Drive-through lanes shall be striped, marked or otherwise distinctly delineated. F. Drive-through lanes shall have a minimum stacking space in accordance with the following standards: Uses Served by Drive-through Lane Restaurant with drive-through facilities Financial institution, including driveup ATM machines Car wash (coin-operated) Car wash (fixed location/automatic, when accessory to a gas station) Minimum Stacking Requirements (per lane) The distance between the menu board and the pickup window shall store 4 vehicles, and 5 vehicles shall be stored in advance of the menu board (not including the vehicles at the pick-up window and menu board) 6 vehicles inclusive of the vehicle 3 vehicles in advance of the washing bay and storage for 2 vehicles beyond the washing bay as drying and vacuum area 8 vehicles in advance of the washing bay and storage for 2 vehicles beyond the washing bay as a drying area Car wash (tunnel) 25 vehicles prior to the tunnel (may be in multiple lanes) and 3 vehicles beyond the tunnel for drying areas Dry cleaners Pharmacies Other uses 4 vehicles inclusive of the vehicle at the window 3 vehicles inclusive of the vehicle at the window For uses not listed above, the planning commission shall make a determination of the minimum required vehicle stacking at the time of site plan review, based upon analysis by the township staff or consultants Section 9 of Ordinance Should any section, subdivision, sentence, clause or phrase of this Ordinance, be declared by the Courts to be invalid, it shall not affect the validity of the remainder of the Ordinance or any part other than the part invalidated. Section 10 of Ordinance Within fifteen (15) days after adoption, a notice of ordinance adoption shall be published in a newspaper of general circulation in the Township including the effective date of the amendment and the place where and time when a copy of the amendment may be purchased or inspected. 7

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