Berlin Township Zoning Ordinance Article I & II-4

 

48. Home Occupation: Any use customarily conducted entirely within the dwelling, (not including breezeway or garage, attached or detached), and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, is not offensive and does not change the character thereof. Provided further, that no article or service is sold or offered for sale on the premises, except that such as is produced by such occupation; that such occupation shall not require internal or external alterations or construction features, equipment, machinery, outdoor storage, or signs not customary in residential areas. One (1)
non-illuminated name plat, not more than two (2) square feet in area, may be attached to the building which shall contain only the name and occupation of the resident of the premises.

49. Hoofed Animals and the like: shall be defined as any animal from the Order Artiodactyl or Perissodactyl, including but not limited to horses, cattle, alpaca, llamas, buffalo, pigs, miniature horses, ponies, sheep, goats, or other similar animals.

50. Hospital: A building, structure or institution in which sick or injured persons are given medical or surgical treatment and operating under license by the Health Department and the State of Michigan.

51. Hotel (Motel): A series of attached, semi-detached or detached rental units which provide overnight lodging and are offered to the public for compensation.

52. Junk Yard: An open area where waste, used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled, or handled including, but not limited to: scrap iron and other metals, paper, rags, rubber tires and bottles. A “junk yard” includes automobile wrecking yards, and includes any area of more than two hundred (200) square feet for storage, keeping or abandonment of junk, but does not include uses established entirely within enclosed buildings.

53. Kennel, Commercial: Any lot or premises on which three (3) or more dogs, six (6) months old or over for sale, breeding, boarding, or training purposes, are either permanently or temporarily boarded for remuneration.

54. Laboratory: A place devoted to experimental study such as testing and analyzing, but not devoted to the manufacturing of a product or products.

55. Loading Space: An off-street space on the same lot with a building, or group of buildings, for temporary parking of a commercial vehicle while loading and unloading merchandise or materials.

56. Lot: A parcel of land occupied, or which could be occupied, by a main building or group of such buildings and accessory buildings, or utilized for the principal use and used accessory thereto, together with such open spaces as are required under the provisions of this Ordinance. A lot may or may not be specifically designated as such on public records.

57. Lot of Record: A parcel of land, the dimensions of which are shown on a document or map on file with the County Register of Deeds or in common use by Township or County Officials, and which actually exists as so shown, or any part of such parcel held in record ownership separate from that of the remainder thereof.

58. Lot Area: The total horizontal area within the lot lines of the lot.

59. Lot, Corner: A lot where the interior angle of two adjacent sides at the intersection of the two streets is less than one hundred thirty-five (135) degrees.

60. Lot, Interior: Any lot other than a corner lot.

61. Lot Lines: The lines bounding a lot as defined herein.
        (a) Front Lot Line: In the case of an interior lot, the line separating said lot from   the street.  In the case of a corner lot, the front lot line is that line separating said lot from the street which is designated as the front street in the plat and in the application for a building permit or zoning occupancy permit. In the case of a double frontage lot, both lot lines abutting on streets shall be treated as front lot lines.

        (b) Rear Lot Line: The lot line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten (10) feet long lying farthest from the front lot line and wholly within the lot.

        (c) Side Lot Line: Any lot lines other than the front lot line or rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.

62. Lot Coverage: The part or percent of the lot occupied by buildings, including accessory buildings.

63. Lot Depth: The horizontal distance between the front and rear lot lines measured along the median between side lot lines.

64. Lot, Double Frontage: Any interior lot having frontage on two more or less parallel streets as distinguished from a corner lot. In the case of a row of double frontage lots, all sides of said lot adjacent to streets shall be considered frontage, and front yards shall be provided as required.

65. Lot Width: The horizontal distance between the side lot lines measured at the two points where the building lines, or setback intersects the side lot lines.

66. Lot, Zoning: A single tract of land, located within a single block, which, at the time of filing for a building permit, is designated by its owner or developer as a tract of to be used, developed, or built upon as a unit, under single ownership or control.
A zoning lot shall satisfy this ordinance with respect to area, size dimensions, setbacks, frontage and environmentally sensitive area requirements as required in the district in which it is located.  A zoning lot may or may not coincide with a lot of record as filed with the County Register of Deeds and may also be composed of one or more lots or record.

67. Massage Parlor: An establishment where private massage is practiced, used or made available as a principle or secondary use of the premises.

68. Master Plan: A comprehensive plan including graphic and written proposals indicating the general location for streets, parks, schools, public buildings, and all physical development of the Township and includes any unit or part of such plan, and any amendment to such plan or parts thereof.
 

69. Mobile Home (Trailer Coach): Any structure, transportable in one (1) or more sections, which is built on a chassis and designed to be used as a dwelling unit with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained in the structure. Mobile home does not include a recreational vehicle.

70. Mobile Home Park (or Trailer Court): Any parcel or tract of land under the control of any person or persons upon which provision is made for two (2) or more mobile homes to be occupied as dwelling units; not including sales or services.

71. Nonconforming Building: A building or portion thereof, existing at the effective date of this Ordinance, or amendments thereto, that does not conform to the use provisions of the Ordinance, nor to the use regulations of the district in which it is located.

72. Nonconforming Use: A use which lawfully occupies a building or land at the time this Ordinance, or amendments thereto, became effective, that does not conform to the use regulations of the district in which it is located.

73. Occupancy Load: The number of the individuals normally occupying a building or part thereof, or for which the existing facilities have been designed.

74. Off-Street Parking Lot: A facility providing vehicular parking spaces along with adequate drives and aisles, for maneuvering so as to provide access for entrance and exit for the parking of automobiles.

75. Parking Space: A parking space is hereby determined to be an area of definite length and width and shall be exclusive of drives, driveways, aisles or entrances giving access thereto and shall be fully accessible for the storage or parking of permitted vehicles.

76. Public Service: Public Service Facilities within the context of this Ordinance shall include such uses and services as voting booths, pumping stations, fire halls, police stations, temporary quarters for welfare agencies, public health activities and similar uses including essential services.

77. Public Utility: Any person, firm or corporation, municipal department, board or commission duly authorized to furnish and furnishing under Federal, State, or Municipal regulations to the public: gas, steam, electricity, sewage disposal, communication, telegraph, transportation or water.

78. Roadside Stands or Markets: A roadside stand or market is the temporary use of property or facilities for the selling of produce.

79. Rubbish: Rubbish means the miscellaneous waste materials resulting from housekeeping, mercantile enterprises, trades, manufacturing and offices, including other waste matter such as slag, stone, broken concrete, fly ash, ashes, tin cans, glass, scrap metal, rubber, paper, rags, chemicals, or any similar or related combinations thereof.

80. Sanitary Land Fill: Any operation which involves the piling, placing, storing, dumping or depositing, in a hill, hole or trench, any material in the form of rubbish, garbage and/or waste materials.

81. Setback: The distance required to comply with front, side or rear yard open space provisions of this Ordinance.

82. Sign: The use of any words, numerals, figures, devices, designs, or trademarks by which anything is made known (other than billboards) such as are used to show an individual, firm, profession or business, and are visible to the general public. Accessory signs pertain to uses or activities conducted on the premises where the signs are located.

83. Specified Anatomical Areas:

      a. Less than completely and opaquely covered: human genitals, pubic region;  buttock; and female breast below a point immediately above the top of the areola; and
      b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

84. Specified Sexual Activities:

     a. Human genitals in a state of sexual stimulation or arousal.
     b. Acts of human masturbation, sexual intercourse or sodomy.
     c. Fondling or other erotic touching of human genitals, pubic region, buttock or
         female breast.

85. Story: That part of a building included between the surface of one floor and the surface of the next floor, or if there is no floor above, then the ceiling next above.

86. Street: A street, highway, thoroughfare which provides a principal means of access and required lot frontage to abutting properties. Any such street shall only include those which have been expressly or impliedly accepted by the St. Clair County Road Commission as a public street.  Internal circulation drives which are part of: a planned apartment type of development, mobile home park, office complex, shopping center or similar type of land use and provides access to individual units shall not be construed to be or required to be public streets.

87. Structure: Anything constructed, or erected and designed for a permanent location on the ground.

88. Structural Alteration: Any change in the supporting members of a building such as bearing walls, columns, beams, girders, or any substantial changes in the foundation, roof and exterior walls.

89. Temporary Building or Use: A structure or use permitted by the Board of Appeals to exist during periods of construction of the main building or use, or for special events.

90. Thoroughfares, Major: An arterial street which is intended to serve as a large volume trafficway for both the immediate Township area and the region beyond, and may be designated as a major thoroughfare, parkway, freeway, expressway, or equivalent term.

91. Thoroughfares, Secondary: An arterial street which is intended to serve as a trafficway serving primarily the immediate Township area and serving to connect with major thorofares.

92. Travel Trailer and/or Motor Home: A vehicle designed as a travel unit for occupancy as a temporary or seasonal vacation living unit.

93. Use, Accessory: A use subordinate to the main use of a lot and used for purposes clearly incidental to those of the main use.

Berlin Township Zoning Ordinance Article I & II-9

94. Yards: The open spaces on the same lot with a main building or main use, unoccupied and unobstructed from the ground upward except as otherwise provided in this Ordinance, and as defined herein.

      (a) Front Yard: An open space extending the full width of the lot, the depth of  
          which is the minimum horizontal distance between the front lot line and the
          nearest point of the main building.
      (b) Rear Yard: An open space extending the full width of the lot, the depth of        
           which is the minimum horizontal distance between the rear lot line and the   
           nearest point of the main building.
      (c) Side Yard: An open space between a main building and the side lot line,       
           extending from the front yard to the rear yard, the width of which is the
           horizontal distance from the nearest point of the side lot line to the nearest   
           point of the main building.

Berlin Township Zoning Ordinance Article I & II-10
 

For the purpose of this Ordinance, the Township of Berlin is hereby divided into the following districts:

                   A Agricultural
                   R One-Family Residential
                   RM Multiple-Family Residential
                   B-1 Local Business
                   B-2 General Business
                   I-1 Light Industrial
                   I-2 Heavy Industrial

The boundaries of these districts are hereby established as shown on the Official Zoning Map, Berlin Township Zoning Ordinance, which accompanies this Ordinance, and which, 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, the boundaries of the districts are lot lines, section lines, the centerlines of streets, alleys, roads, or such lines extended, and the unincorporated limits of the Township.

                (b) Where, due to the 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 boundaries, shown thereon, interpretation concerning the exact location of district boundary lines shall be determined, upon written application, or upon its own motion, by the Board of Appeals.

Whenever any street, alley or other public way, within the Township of Berlin shall have been vacated by official governmental action, and when the lands within the boundaries thereof attach to and become a part of the land formerly within such vacated street, alley or public way, shall automatically and without further governmental action thenceforth acquire and be subject to the same zoning regulations as are applicable to the lands to which same shall attach, and the same shall be used for that same use as is permitted under this Ordinance for such adjoining lands.

All buildings and uses in any district shall be subject to the provisions of GENERAL PROVISIONS AND GENERAL EXCEPTIONS.

Berlin Township Zoning Ordinance Article III & IV-1

The A Agricultural Districts are designed to provide for generally recognized farming and agricultural uses as well as single-family home sites in areas rural in character.

In the A Agricultural Districts, no building or land shall be used and no building shall be erected except for one or more of the following specified uses, unless otherwise provided in this Ordinance:

           A. Farms.

          B. One-family Dwellings, Site Built.

          C. All principal uses permitted in the R One-Family District.

          D. Churches, libraries and public community buildings or public recreation
              centers, and public and parochial schools.

         E. Type I Incidental Home Occupations subject to the provisions of Section  
             1226.

         F. Accessory buildings and uses customarily incident to any of the above
             permitted uses.

         G. Manufactured Dwellings (Subject to the requirements of Section 1311).

The following special land uses shall be permitted in the A district, only after proper notice has been given as required by State law and after review and approval has been granted by the Planning Commission subject to the requirements and standards of Article XIII of this Ordinance.

          A. All special land uses permitted in R Districts.

          B. Airports (Section 1301).

          C. Disposal Areas (Section 1305).

          D. Large Scale Recreation (Section 1309).

          E. Kennels (Section 1308).

          F. Mining & Extraction (Section 1310).

          G. Type II Special Use Home Occupations (Section 1226).

          H. Communication Towers (section 1318).

Berlin Township Zoning Ordinance Article III & IV-4

Berlin Township Zoning Ordinance Article V & VI-1

The RM Multiple-Family Residential Districts are designed to provide sites for multiple dwelling structures with height restrictions compatible with single-family residential districts to serve needs for the apartment type of unit in an otherwise single-family residential community. The RM District is intended generally for the development of a planned complex of buildings on acreage parcels.

No building or land shall be erected or used except for one or more of the following specified uses, unless otherwise provided in this Ordinance:

           A. All principal and special land uses permitted and as regulated in the
               immediately abutting One-Family Residential District.

          B. Multiple-Family dwellings, site built.

          C. Two-Family dwellings, site built.

          D. Type I Incidental Home Occupations subject to the provisions of Section
              1226.

          E. Accessory buildings and uses customarily incident to any of the above
              permitted uses.

          F. Manufactured Dwellings (Subject to the requirements of Section 1311).

In the case of multiple dwelling developments, a site plan shall be submitted to the Planning Commission for its review and approval prior to issuance of a building permit. The site plan shall be prepared according to the require-ments of Article XII.

The following special land uses shall be permitted in the RM district, only after proper notice has been given as required by State law and after review and approval has been granted by the Planning Commission subject to the requirements and standards of Article XIII of this Ordinance.

           A. Mobile Home Parks.

          B. Churches, public libraries, public buildings (excluding public works garages
              and storage yards). (Section 1303).

          C. Nursery schools, day nurseries and child care centers. (Section 1312).

           D. Hospitals. (Section 1307).

Berlin Township Zoning Ordinance Article V & VI-3

         E. Type II Special Use Home Occupations (Section 1226).

         F. Accessory buildings and uses customarily incident to any of the above
             permitted uses.

         G. Uses similar to the above uses.

See SCHEDULE OF REGULATIONS limiting the height and bulk of buildings, the minimum size of lot permitted by land use, and maximum density permitted.

Berlin Township Zoning Ordinance Article V & VI-4
 

The B-1 Local Business Districts are designed to give the Township a business district that is more selective than a General Business District, and to provide for the establishment of neighborhood shopping areas, personal services and professional office areas that are primarily compatible with, and of service to, Township residential uses. Permitted activities are therefore intended to serve primarily the local market area with smaller scale activities whose basic operations are less likely to create conflicts with neighboring residential use areas. Furthermore it is intended that such activities be located in planned development areas in strategically planned areas as opposed to scattered and/ or strip commercial areas. In furtherance of these objectives principal permitted uses shall be limited to those which are more restrictive in nature and conducted wholly within totally enclosed buildings; other uses which involve potentially more intensive uses and/or outside activities shall require review
and approval under the terms and conditions of Special Land Uses together with such additional conditions as deemed appropriate.

In a B-1 Local Business District no building or land shall be used and no building shall be erected except for one or more of the following specified uses, unless otherwise provided in this Ordinance.  All such activities shall be conducted within totally enclosed buildings.

            A. Office buildings for any of the following occupations: executive,
                administrative, professional, governmental and sales office (Drive thru
                window services are excluded)

           B. Medical and dental offices, including clinics.

           C. Banks and financial institutions (excluding drive-thru windows).

           D. Any generally recognized retail business which supplies such commodities
               as: groceries, meats, dairy products, baked goods or other foods, drugs,
               dry goods and notions or hardware (supermarket type store facilities
               providing service to a wider market are are excluded)

          E. Any personal service establishment which performs such services as, but
              not limited to: shoe repair, tailor shops, beauty parlors, barber shops,
              interior decorators, photographers, dry cleaners and self -service laundries.
              Such uses do not include processing facilities providing these services to
              other locations.

          F. Churches.

          G. Utility and public service facilities (excluding storage yards) and uses when
              operating requirements necessitate the locating of said facilities within the
              District in order to serve the immediate vicinity.

          H. Restaurants and eating and drinking establishments, excluding fast food or
              drive-in restaurants.

          I. Accessory buildings and uses customarily incidental to the above permitted
             uses.

          J. Other uses similar to the above uses as permitted and intended.

          K. Existing single family residential uses subject to the requirements of the R-1
              zoning district.

In some situations it may be possible to consider certain uses which may possess more intensive use characteristics when it can be found that particular conditions and requirements are established which minimize potential land use conflicts with neighboring uses. Any such uses shall require Special Land Use approval under the terms and conditions setforth in ARTICLE XIII of this ordinance together with
such additional conditions as setforth herein or deemed reasonable and necessary after a review of all related information and public hearing input. Uses which may be considered under these provisions are as follows:

           A. Local neighborhood type businesses which possess characteristic involving a larger market area and/or more intensive land use activities shall demonstrate that the use will still represent a significant value to the neighboring residential areas and that there are mitigating circumstances which will properly compensate for any increase in the character or intensity of the use and that neighboring residential areas will not b adversely effected. Factors to be considered in such situations involve, but are not necessarily limited to: transitional considerations which would provide separations from adjacent residential uses by other non-residential zoning districts, legally established and operated semi-public uses, natural features which preclude development and/or a meaningful increase in setbacks to buildings, other use areas and screening devices such as walls, greenbelts, etc. Considerations shall also be given to resulting traffic patterns, turning movements and conflicts, hours of operation, site activities during all hours of the day and week.

          B. Any business which proposes to extend any principal, ancillary and/or accessory activities outside the walls of any building on the site i.e. drive thru operations, open air walk-up window or by providing any outside seating or which permits the assembly of persons on the site outside of buildings shall demonstrate conclusively that the proposed use:  does not constitute a fast food or drive-in restaurant; will not adversely effect adjacent residential and/or non-residential uses or the community at large; is buffered from any adjacent residential districts by other non-residential use districts, physical features or other established conforming land use.

Unless otherwise specifically provided for herein all permitted uses within the B-1 Local Business District shall comply with the following requirements and limitations:

          A. All establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced.

         B. All business, servicing or processing, except for required and permitted parking and loading shall be conducted within a completely enclosed building.

        C. Permitted uses are restricted to those which serve primarily the neighboring residential areas and shall not include major facilities in terms of the size and scale of building and/or uses which conflict with neighboring residential areas or the community at large.

        D. All materials, supplies, inventories, discards and rubbish shall be stored within total enclosed buildings or an approved dumpster enclosure. The storage of materials and/or supplies in any vehicle, trailer, tent or other temporary shelter is not permitted.

       E. The on-site parking and/or storage of any vehicles utilized in the business shall be limited to not more than three (3) at any one time during normal; business hours. The overnight parking and/or storage of any car, truck, van, trailer, tractor, etc. shall be limited to not more than one (1) such item and only if that vehicle, etc. is removed from the site on a daily basis during a majority of the normal work day.

      F. The site shall be so designed and improved as to provide for all necessary on-site sewage treatment, storm water management and shall be so operated as to not create any adverse effects on the surrounding areas or the community at large in terms of any harmful and/or toxic environmental impacts.

In addition to the above requirements also see ARTICLE XI SCHEDULE OF REGULATIONS limiting the height and bulk of building together with other related building size and setback requirements.
Also refer to ARTICLE XII GENERAL PROVISIONS and ARTICLE XIII SPECIAL LAND USES for related requirements.

The B-2 General Business District is intended to permit a wider range of business activities and services than is permitted in the Local Business District. General business uses generally reflect larger facilities and/or more intensive activities, serve a larger trade area, generate more traffic and therefore require additional considerations with respect to relationships to neighboring residential uses
as well as other non-residential uses. Such districts are typically placed in locations easily accessible to several major arterial routes to facilitate serving their larger market areas and minimize conflicts with adjacent residential areas. Primary attention shall be focused upon creating planned developments which encourage and facilitate users being able to conveniently and safely enter the site, park their vehicle, move to the business establishments and subsequently move between establishments before
returning to their vehicles and exiting the site. Other larger more intensive uses which may conflict with uses in planned development area may be permitted in this district but only after review and approval under a Special Land Use permit when it is determined that their placement and operation will not adversely effect and/or conflict with adjacent and neighboring uses.

Uses as permitted shall include retail and service establishments dealing directly with consumers and all such activities shall be conducted wholly within completely enclosed buildings.

           A. All principal permitted uses in the B-1 Local Business District subject to
               the regulations as setforth in the Schedule of Regulations for the B-2
               District.

          B. Retail stores furnishing: clothing, shoes, gifts, appliances, furniture,
              supermarket type stores, etc. Warehousing of merchandise shall not occupy
              more than twenty-five (25) percent of the useable floor of the facility.

          C. Service establishments (including areas for showroom/office/workshop
              facilities) for activities such as; decorator, printer, upholsterer, photo
              reproduction, home appliance and electronics repair, baker, electrician,
              plumber, etc. Warehousing, processing and/or repair activities shall be
              limited to not more than twenty-five (25) percent of the useable floor area.

          D. Other uses similar to the above which conform to the purpose of this 
               district.

          E. Accessory uses customarily incidental to the above.

The more intensive use characteristics of this district involves uses serving a wider trade area with greater volumes of vehicular and pedestrian traffic which requires added concern for safe traffic and pedestrian movements as well as proper land use compatibility. There are accessory uses and/or other similar uses to those above which may also be acceptable subject to special review and consideration of their particular characteristics and attributes and as they relate to the neighboring
uses and the community at large. The following review criteria and requirements are intended to supplement other provisions of this ordinance, particularly ARTICLE XIII Special Land Use Approval, under which the proposed use will be considered and approved if found to be in conformance with all of the terms and conditions of this ordinance.

           A. The following type uses may be permitted when it can be found that the uses: are conducted/operated within a completely enclosed building; the proposed use will not conflict with safe and convenient vehicular and/or pedestrian movements in adjacent areas and on adjacent roadways; are of such size, scale and so operated as to avoid conflicts with other uses in the area:

               1. Theaters, concert halls, assembly halls, etc.

               2. Private clubs and lodge halls.

               3. Restaurants or other places serving food and/or beverages.

               4. Health and athletic clubs.

               5. Business, trade and other commercial schools.

               6. Radio and television studios (without construction yards).

               7. Hotels and motels.

               8. Mortuary establishments.

          B. Open air businesses for the sale of trees, shrubbery, plants, flowers, fruits and vegetables, landscape supplies. Any such business shall be operated in conjunction with permanent buildings utilized for office and/or sales purposes and contain in necessary sanitary facilities. Parking shall be provided as required by the township o a hard surfaced area drained and controlled in such a manner acceptable to the township.
Access to this area shall be via a controlled point(s) of ingress and egress which do not interfere with other curb cuts and/or intersections in the area. Any such required parking area shall not be required by any other activity. All plant materials available for sale shall be placed in designated sales areas and maintained in a neat and orderly fashion; setback at least fifty (50) feet from any right-of-way line. All outside display and sales areas shall be maintained in neat and orderly conditions; loose materials such as dirt, gravel or other bulk materials shall be limited to not more than twenty (20) percent of the outside display and sales area a shall be located within approved storage bins or other devices. No outside display and/or sales items shall be stacked or stored to a height exceeding six (6) feet and shall be so located as to not restrict proper and safe vehicular and pedestrian visibility and movements. If dual use of parking areas is proposed it shall be demonstrated that sufficient parking is available for all site uses during all authorized periods of outside sales and/or displays.

         C. Out-of-doors recreational facilities such as: miniature golf, golf driving range, waterslides, go-cart tracks, batting cages and similar types of activities. Careful consideration shall be given to the type of use(s) involved, the scale and magnitude of the operation and its potential impacts upon existing and planned uses in the area and the community at large. While recreational uses provide an important element of community living they may also generate abnormal levels of traffic, noise, vibrations, odors and pedestrians in an area which could not reasonably tolerate such intrusions without suffering adverse functional and financial impacts. Therefore specific consideration shall be given to the relationships between active use areas of any such activities and neighboring uses, particularly residential uses and the need for proper transition zones.

         D. The sale of new and/or used: cars, trucks, trailers, motor homes, mobile homes, motorcycles, boats, other recreational vehicles/craft, etc. All such items shall be fully operable and in a reasonable state of repair which is conducive to their immediate sale.
             Only minor repairs and cleanup shall be permitted. There shall be no outside storage of new, used or discarded parts or supplies on the site. All such products and/or item displayed for sale shall be setback at least: fifty (50) feet from any public right-of-way line, ten (10)) feet from any non-residential district and forty (40) feet from any residential district.

        E. Rental facilities offering: cars, trucks, other vehicles and/or equipment are permitted subject to: outside display areas being setback at least fifty (50) feet from any right-of-way line, ten (10) feet from any non-residential district and not less than forty (40) feet from any residential district. Representative samples of different rental items may be permitted in the front yard, as regulated above, but extensive quantities of duplicate items shall be stored in the side and rear yards. Screening of equipment rental storage areas in side and rear yards shall be required from all residential districts.

       F. Garage, swimming pool and/or yard storage shed sales are permitted subject to any such structure/building meeting the setbacks required in item E above.

      G. Vehicular washing facilities, both full service and self-service are permitted, when such facilities can demonstrate that: points of ingress and egress together with on site stacking lanes are properly coordinated with respect to adjacent and neighboring properties and intersections so as to minimize any unsafe and adverse effects. On site drains shall be provided and so located as to retain as much water draining from vehicles as possible.  Adequate stacking lanes shall be provided and conveniently arranged as to avoid vehicles awaiting any phase of cleaning to be stacked or stopped in any public thoroughfare or to create any hindrance to the visibility of other vehicles and pedestrians.  The hours of operation shall be so controlled as to minimize conflicts with neighboring uses during late evening and nighttime hours.

     H. Vehicular repair and/or service facilities dealing primarily with family type vehicles are permitted when: such repairs are limited to those which typically can be completed in one day, does not involve partially dismantled vehicles being stored out-of-doors on the site while awaiting parts and/or repairs, not more than one vehicle per service stall is parked out-of-doors and only on the night before it is repaired, no discarded parts and/or supplies shall be stored out-of-doors, the types of services and supplies provided shall not create any environmental hazards or other detrimental effects on neighboring properties or the community at large by virtue of: smoke, odor, dust, fumes, noise, vibrations, intermittent flashing lights, toxic materials, or similar detrimental effects.

    I. Gasoline service and/or filling stations are permitted which comply with the requirements of item H above and can demonstrate that their points of ingress and egress are coordinated on site and so located and arranged in respect to neighboring properties and intersections that no adverse effects will be created in terms of safe and proper vehicular and pedestrian movements.

  J. Veterinary hospitals are permitted when it can be demonstrated that no adverse effects will be generated due to: animal noises outside the building, no objectionable odors and/or fumes are created as the result of any incineration activities and/or the storage of animal wastes.

 K. Drive thru type facilities providing multiple service positions and/or frequent vehicular turnovers are permitted when it can be demonstrated that: proper and safe vehicular stacking, parking, servicing and circulation is provided for vehicles and between vehicles and pedestrians both on site and with respect to adjoining properties; points of ingress and egress to the site shall also be so designed and arranged as to avoid and adverse impacts on adjacent properties, thoroughfares, sides and/or intersections. All communication systems shall be so designed and operated as to avoid creating any adverse effects on adjacent properties.

 L. Drive-thru facilities, including restaurants, banks, dry cleaners and other similar
     Retail and service facilities subject to the following requirements

    1. Points of ingress and egress shall be located at least sixty (60) feet from any
       street intersections and shall be so located as to avoid conflicts with turning
       movements to adjoining and neighboring properties.

    2. Circulation patterns shall be so arranged on site as to provide for safe and
       convenient separation between pedestrians and vehicles. Stacking lanes shall
       not conflict with the movements of vehicles of patrons utilizing interior facilities
       or a walk-up window.

    3. All communication systems on the site shall be so designed, arranged and
       utilized as to avoid being audible beyond the property line.

    4. The hours of operation and control of site activities shall not result in conflicts
        with adjoining and/or neighboring properties.

    5. The site plan shall be so designed and constructed as to minimize conflicts with
       adjacent properties and shall have particular attention given to transition devices
       and requirements to neighboring properties, particularly residential districts
 
M. The sales and/or administrative offices of a heating, plumbing, electrical contractor
     may be considered when it can be demonstrated that the proposed use will not      
      result in the creation of a contractors yard with discarded materials and/or
      supplies left out-of doors and/or a fleet of service vehicles is stored on site out-of-
      doors over night.

N. A living unit accessory to a use permitted within this district when such is essential
    to the normal and routine operation of the principal permitted activity.

Berlin Township Zoning Ordinance Article VIII-4
 

Unless otherwise modified through a Special Land Use permit the following conditions and requirements are applicable to all permitted uses:

            A. All uses shall occur within a completely enclosed building unless specifically permitted, under no circumstances shall any outside activities constitute any hazards to health, serve to attract or harbor animals, rodents, etc. or otherwise create any undesirable effects which adversely influences any adjacent properties and/or the community at large.

           B. The outside storage of any commercial vehicles, cars, vans, trailers, equipment, etc. shall be limited to those which are fully operable, licensed as required and moved off the site on a regular daily basis. No more than five (5) such vehicles. etc. may be left outside overnight at any one time and then only when left in the side or rear yard.

          C. Unless specifically authorized no items shall be displayed outside for sale,  lease, gift and/or promotional purposes.

         D. All activities shall be conducted in such a manner as to avoid being a nuisance and/or otherwise adversely affect adjacent properties and/or the community at large.

In addition to the above requirements also see ARTICLE XI SCHEDULE OF REGULATIONS limiting the height and bulk of buildings together with other related building size and setback requirements. Also refer to ARTICLE XII GENERAL PROVISIONS and ARTICLE XIII SPECIAL LAND USES for related requirements.

The I-1 Light Industrial Districts are designed to accommodate primarily smaller scale activities of a light (restricted) industrial nature. It is further the intent of this district that these uses serve to create an attractive and functional industrial environment which is an incentive to the development of an ever stronger and more durable economic base for the community. An attractive light industrial park type of
environment represents an added value to the community in its improved ability to coexist with other use districts with less concern for land use conflicts. The I-1 District is so structured as to permit, along with other specified uses, the manufacturing, compounding, processing, packaging, assembly or treatment of finished products from previously prepared material. It is further intended that the processing of raw material for shipment in bulk form, to be used in an industrial operation at another
location, not be permitted. The intent of this district is further defined by the following goals and objectives:

               A. To provide sufficient space, in appropriate locations, to meet the Township’s future needs for a diverse yet compatible range of light industrial uses and related activities.

               B. To protect the most desirable use of land in accordance with a well-considered plan. To protect and enhance the character of development in each area, and to conserve and promote the value of land, buildings, other structures, and thereby, create a more viable and durable economic base for the Township.

              C. To restrict light manufacturing and related accessory activities to those which are free from danger of fire, explosion, toxic and noxious matter, radiation, other hazards and from offensive: noise, vibration, smoke, odor, dust, fumes, flashing and/or intermittent lights and other factors which adversely effect adjacent properties and the community at large.

              D. To provide for such activities which are of such size and intensity of use that they are compatible with other light industrial uses and facilitate proper coordination with neighboring uses from the standpoint of both functional and visual considerations.

              E. To be able to better utilize and implement the Township’s Master Land Use Plan. This guide to future land use development is intended to provide for a balance of land uses arranged in desirable and compatible patterns which avoids undesirable encroachments and/or conflicts between differing land uses.

In I-1 Light Industrial Districts principal permitted uses are oriented to those which are characterized by less intensive activities of a smaller size and scale then typically found in heavy industrial, general manufacturing areas. Light industrial uses also have a tendency to locate in industrial park types of settings where uses are conducted within totally enclosed buildings with little if any outside activities permitted. More frequently permitted operations are conducted in buildings which are smaller in size
(30,000 square feet or less in floor area) and concentrate upon production activities together with administrative functions; truck traffic and service needs are incidental activities. In pursuance of these primary objectives no building or land shall be used and no shall be erected except for one or more of the following specified uses unless otherwise provided for in this ordinance:

              A. Any use charged with the principal function of basic research, design and pilot or experimental product development when conducted within a totally enclosed building.

              B. Typical production activities involve the assembly and/or processing of articles from previously prepared materials and/or prototype activities whose external effects do not conflict with the basic intent of the district nor adversely effect in any manner adjacent and neighboring uses. Typical types of uses which may be permitted are as follows:
                  (1) Tool, die, gauge and machine shops manufacturing small parts.
                  (2) Plastic molding and extrusion uses.
                  (3) Printing, engraving and binding shops.
                  (4) Manufacture of small toys, novelties, metal or rubber stamps or other 
                       small molded products.
                  (5) Manufacture, assemble and/or repair of small appliances, electronic
                       instruments and devices.
                  (6) Experimental or testing laboratories.
                  (7) Manufacture and repair of: signs, light sheet metal products, windows
                       and doors.
                  (8) Office and work shop of electricians, plumbers, and other contractors
                       (excluding outside storage)
                  (9) Mini or self-storage warehouses.

             C. Trade or industrial schools conducted within totally enclosed buildings.

             D. Office and/or laboratory functions related to manufacturing, distribution,
                  technical and developmental services.
             E. Buildings housing the permitted uses contain an aggregate of thirty
                 thousand (30,000) square feet or less in gross floor area for each
                 development.

             F. Other uses similar and no more objectionable than those
                 above.
             G. Accessory structures and uses incidental in size and function to any of
                 the above permitted uses.

The principal permitted uses as setforth above provide for restricted light industrial activities and reflect the need to promote reasonable and desirable transitions between such districts and adjoining districts and public thoroughfares. In some situations a slightly less restrictive criteria may be utilized
provided there is no reduction in the basic regulations governing the types of uses which are involved.  In order to most effectively consider the variables such uses are processed under the basic terms and conditions setforth in ARTICLE XIII SPECIAL LAND USES. Uses to be considered under these terms together with supplemental guidelines and/or criteria which will also be utilized in considering such requests are as follows:

A. Buildings in excess of thirty thousand (30,000) square feet may be considered when it is determined that the anticipated use, and potential subsequent users, is consistent with the basic intent and purpose of the light industrial district and that a subsequent rezoning to a more intensive use district is not likely to be necessary to facilitate the reuse of any such buildings and/or structures in the future. The building and site plan shall be so designed, arranged, landscaped and constructed as to minimize adverse Impacts related to its size on neighboring uses and public thoroughfares. Traffic patterns and volumes created by the facility shall not create adverse impacts on neighboring uses or public thoroughfares serving the area or the community at large.

B. The outside storage of pallets or containers incidental to the principal permitted use may be permitted when the following conditions are met:
                (1) Any such materials so stored shall be located in the rear yard and shall
                not be visible to any non industrial use district or any public thoroughfare
                for any reason.
                (2) The total amount of land so occupied shall not exceed ten (10) square
                feet for each one thousand (1,000) square feet of principal building area.
                (3) The area occupied by any such storage use shall be enclosed by a
                decorative masonry wall six (6) feet in height and its access opening shall
                be so located or covered by gates as to prevent visibility of stored
                materials from adjoining properties and public thoroughfares.
                (4) Any materials or objects placed within any such enclosure shall not
                exceed the height of the enclosure.

C. Commercial kennels and veterinary clinics when such uses are conducted within a
completely enclosed building. There shall not be any exterior runs or adverse effects
created by the storage and/or disposal of animal wastes or the burning of any materials or carcasses.

D. Metal buffing and polishing (not including plating)

E. Major vehicular engine and body repair when the following requirements are met:
    (1) All repair functions shall be conducted within a completely enclosed building.
    (2) Any vehicle awaiting completion of repairs may be stored outside for no more
         than thirty (30) days.
    (3) There shall be no outside storage of vehicles to be used for parting purposes or
         parts awaiting installation. Any discarded parts awaiting disposal which are
         stored outside shall be limited to an area not exceeding ten (10) square feet for
         each one thousand (1,000) square feet of building devoted to the principal use
         or one hundred (100) square feet whichever is less.
    (4) Any outside area devoted to the storage of vehicles awaiting repairs shall be:
         located in a rear yard; be totally enclosed by a decorative masonry wall, berm or
         totally obscuring greenbelt or combination thereof; obscured from any public
         thoroughfare or any neighboring zoning district. The total number of vehicles
         stored outside shall not exceed two (2) for each repair bay actively used in the
         repair activities.
    (5) The sale of any vehicle which has been repaired shall be totally incidental to the
         repair business and no more than two (2) such vehicles shall be displayed at
         any one time. Any such vehicle(s) shall observe all setback regulations for
         required parking spaces and shall not be located within any landscaped area,
         required parking or service area.

F. Fraternal lodges and clubs not operated for profit when the following
conditions are met:

     (1) The site is accessed from an Arterial Thoroughfare as designated on the
          Township’s Master Plan.

     (2) The use shall comply with the I-1 Light Industrial District regulations.

G. Public utility buildings, transformer stations and substations, gas regulator stations necessary to service the area but not including outside construction yards or supply storage. Structures not enclosed within a building shall be screened from view of neighboring uses and thoroughfares by walls, berms or greenbelts.

H. Any activity which involves the outside parking and/or storage of fleet vehicles, trucks, semi-trucks and trailers which exceeds a ratio of one (1) such vehicle for each thirtyfour hundred (3,400) square feet of floor area devoted to manufacturing, processing or finishing shall be required to comply with the following requirements: (Employee vehicle utilized for daily commuting are excluded from this limitation)

     (1)  Access routes utilized by these vehicles when entering or leaving the premise  
          shall not adversely affect any neighboring uses.
     (2) Resulting traffic volumes and turning movements shall be coordinated with
          traffic and turning movements on abutting streets.
     (3) Any such parking/storage area shall only be occupied by fully operational
         vehicles moved off the site on at least a regular weekly basis.
     (4) Any such area shall not be located closer that (300) feet to any residential
         zoning district boundary.
     (5) Any such area shall be located in a rear yard and shall be so located and
         screened as to effectively obscure the visibility of any such vehicles from
         neighboring residential districts and/or public thoroughfares.

I. Day care centers may be permitted when the following conditions are met:

     (1) The center is part of a planned industrial development and use of the facility is
          derived primarily from serving employees of the planned development.
     (2) The center shall not provide dormitory living quarters.

J. Communication Towers (Section 1318).

K. Other uses similar and no more objectionable than those above.

L. Accessory structures and uses incidental in size and function to the above regulated uses.

M. Adult Entertainment and Business Uses (Subject to Section 1319)

Unless otherwise specifically approved the following conditions and requirements are applicable to all permitted uses:

The I-2 Heavy Industrial Districts are designed to accommodate manufacturing, assembling and fabricating activities where the nature, scale and intensity of activities are more likely to exert external effects on surrounding districts. Manufacturing, processing and compounding of semifinished or finished products from raw material as well as from previously prepared materials is permitted. These activities can involve those which require extensive heavy equipment and/or equipment which require special installation, separation and operational considerations to minimize adverse impacts on surrounding uses and the community at large. This district also accommodates large scale and specialized facilities wh