Hamlin Township Zoning Ordinance No. 34
Effective April 15, 1994
ARTICLE 19....SPECIAL LAND USES
19.01 SPECIAL LAND USE PROCEDURE
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A. Among the data that shall be supplied by the applicant and that shall
constitute the application package, the following shall be included:
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1. The names and addresses of the applicant or applicants.
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2. The location, shape, area, and dimensions of the lot and of the proposed
structure or improvement (shown on the site plan).
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3. The description of the proposed use and of the building (dwelling,
structure, barn, garage, etc.) Or improvements.
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4. The proposed number of sleeping rooms, dwelling units, occupants,
employees, customers, and other uses.
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5. The yard, open space, and location of parking spaces (as shown on
the site plan),
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6. A required site plan that must be approved before any granting of
a special land use permit.
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B. Reasonable conditions may be required with the approval of a special
land use permit by the planning commission,
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1. Reasonable conditions may be required with the approval of a special
land use by the planning commission. The conditions may include but are
not limited to conditions necessary to ensure that public service and facilities
affected by a proposed land use or activity will be capable of accommodating
increased service and facility loads caused by the land use or activity,
to protect the natural resources and energy, to ensure compatibility with
adjacent uses of land, and to promote the use of land in a socially and
economically desirable manner. Conditions imposed shall meet all of the
following requirements:
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a) They shall be designed to protect the natural resources; the health,
safety, and welfare; and the social and economic well-being of those who
will use the land use or activity under consideration, residents and landowners
immediately adjacent to the proposed land use or activity, and the community
as a whole.
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b) They shall be related to the valid exercise of the police power and
purposes that are affected by the proposed use or activity.
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c) They shall be necessary to meet the intent and purpose of the zoning
ordinance, shall be related to the standards established in the ordinance
for the land use or activity under consideration, and shall be necessary
to ensure compliance with those standards.
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2. The conditions imposed with respect to the approval of a special
land use shall be recorded in the record of the approval action and shall
remain unchanged except upon the mutual consent of the planning commission
and the landowner. The planning commission shall maintain a record of conditions
that are changed.
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C. Before granting a special land use permit in addition to finding
that it meets all of the previously stated requirements, the planning commission
must find that:
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1 The proposed use will not have significant adverse effects on existing,
adjacent uses within 500 feet.
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2. There will be no significant adverse effects upon the public health,
safety, or general welfare and that it will not impair the intent of the
ordinance.
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D. The planning commission shall, upon receipt of a written application
in proper form, schedule and hold a public hearing upon the request and
shall notify the applicant and all owners of parcels of land within 300
feet of such hearing.
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E. After such hearing, said commission shall either grant or deny a
permit or such special land use and shall state its reasons for its decisions
in the matter All conditions, limitations, and requirements upon which
any such permit is granted shall be specified in detail by said commission
in its decision and shall be filed with the township zoning administrator.
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F. The plot plan and specifications and all conditions, limitations,
and requirements imposed by the planning commission shall be incorporated
as a part of the special land use permit. Violations of any of these, at
any time, will cause revocations of said permit; and said special land
use shall cease to be a lawful use.
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G. Any property that is the subject of a special land use permit that
has not been used for a period of 6 months (without just cause being shown,
which is beyond the control of the owner and which is acceptable to the
planning commission) for the purposes for which such special land use permit
was granted shall thereafter be required to be used for only permissible
uses set forth in the particular zoning classification; and the permit
for such special land use shall thereupon terminate.
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H. The decision to deny, approve, or approve with conditions shall be
incorporated in a written statement of conclusions relative to the special
land use under consideration, which specifies the basis for the decision
and any conditions imposed. The following standards shall be observed:
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1. The use, location, size of use, and nature and intensity of operations
shall not be such as to disrupt the orderly and proper development of the
district as a whole or be in conflict with or discourage the principal
permitted uses of adjacent or neighboring lands and buildings.
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2. The use shall not diminish the value of land, buildings, or structures
in the neighborhood nor shall it increase hazards from fire or other dangers
to either the property or adjacent properties.
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3. The use shall not increase traffic hazards or cause congestion on
the public highways or streets of the area, Adequate access to the use
shall be furnished by either existing roads or highways or proposed highways.
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4. The water supply and sewage disposal system shall be adequate for
the proposed use.
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5, The use, location, and size of use shall not unnecessarily diminish
land used to meet the needs of the state's citizens for food, fiber, energy,
and the use of other natural resources.
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6. Uses by special permit shall not be more objectionable to nearby
properties by reason of traffic, noise, vibrations, dust, fumes, smoke,
glare, flashing lights, or disposal of waste than the operation of any
principal permitted use.
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7. The use shall not impair the purpose or intent of this ordinance
or the purpose of the district in which it is located.
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19.02 DESIGN STANDARDS
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The following uses shall only be permitted if the district in which
they are located specifically lists such use as a special land use. The
following design standards shall be required in addition to the requirements
of the district in which they are located:
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A. Bars, Taverns, and Nightclubs:
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1. Such use shall not be located within 500 feet of a church, library,
playground, park, cemetery, school, hospital, elderly-care facility, or
day-care home or center.
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2. Such use will not adversely affect the use and enjoyment of adjoining
or nearby residential properties.
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B. Bed and breakfasts.
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C. Boarding and lodging.
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D. Boat liveries and bait shops.
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E. Body Shops:
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1. The outdoor storage of any junk vehicles or parts overnight is prohibited.
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2. All work must be conducted entirely within an enclosed building.
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3. Not more than two automobiles awaiting repairs performed upon the
premises shall be parked outside overnight for each indoor repair stall
located within the body shop.
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4. The planning commission shall have the authority to limit the hours
of operation and the services and operations performed at the body shop
in order to protect the health, safety, and general welfare of the adjoining
residents and property owners as a condition to the granting of such special
land use.
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F. Campgrounds.
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G. Commercial recreation establishments.
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H, Elderly-care facilities.
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I. Fish-Cleaning Facilities:
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1.Fish cleaning must be done entirely within a fully enclosed structure
unless same is done more than 150 feet from any existing residence; if
more than 150 feet from any existing residence, fish cleaning may be done
with an attractive, solid material at least 4 feet in height.
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2. The screening shall be at least 2 feet higher than the top of the
fish- cleaning table or counter.
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3. The table or counter must be watertight with a 2-inch lip with strainer
and a 4-inch plastic pipe drain connecting into a holding tank having a
minimum capacity of 800 gallons. The holding tank shall be connected to
a series of at least three dry wells meeting the county's health department
regulations.
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4. The building or screened area for fish cleaning shall have a concrete
floor.
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5. There shall be an adequate number of tightly covered containers that
are dumped when necessary (at least once each day that fish cleaning is
performed). The same must be dumped at the time of closing of operations
each day; and, at that time, each container shall be washed with a suitable
chemical.
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6. Each facility shall have running water.
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J. Gasoline and/or Service Stations:
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1. No major repairs shall be performed.
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2. No entrance or exit shall be located within 200 feet of a public
library, school, playground, park, cemetery, church, hospital, day-care
home or center, or elderly-care facility.
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3. No traffic hazard shall be created by the location of such use.
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4. Not more than two automobiles awaiting repairs performed upon the
premises shall be parked outside overnight for each indoor repair stall
located within the gasoline or service station building.
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5. Such use shall be necessary for the safety, convenience, and servicing
of the motoring public who cannot otherwise adequately and safely be served
in such neighborhood.
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6. The planning commission shall have the authority to limit the hours
of operation and the service and operations performed at the station in
order to protect the health, safety, and general welfare of adjoining residents
and property owners as a condition to the granting of such special land
use.
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K. Golf Courses, Including Clubhouse and Pro Shop:
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1. The principal uses shall be outdoor activities compatible with the
other principal uses permitted in the particular zoning classification.
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2. The area to be developed must contain a minimum of 20 acres. 3. Concession
stands; pro shops; clubhouses; equipment repair facilities; and other incidental,
commercial-type uses shall be permitted, provided that they are located
where they would not be a nuisance or annoyance to adjoining residential
property owners and are operated for the purpose of serving patrons of
the principal use and not the adjoining community for transient motorists.
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4. Adequate public rest rooms and other facilities shall be constructed
and properly maintained, commensurate with the anticipated popularity of
the particular use involved.
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5. Off-street parking shall be required on the site in areas that will
not constitute a nuisance or annoyance to adjoining property owners and
that will satisfy peak periods of use.
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6. Adequate gates and fencing shall be provided to ensure that the area
is closed off from adjoining residential lands or zones.
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7. The placement of any motorized vehicular raceways or trails, roads,
runs, or obstacle courses shall be in such locations as to have a minimum
adverse effect upon adjoining residents and shall, where necessary, be
screened with evergreen growth to dissipate noise emanating therefrom.
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8. Equipment storage buildings and other such buildings of a commercial
nature shall be adequately screened from adjoining residential properties.
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9. The planning commission shall have the right and authority to impose
additional restrictions and conditions as may be necessary for the protection
of the health, safety, and welfare of the adjoining residential property
and to ensure that nay noise, odors, traffic, or other activities incidental
thereto have a minimum impact upon the neighborhood in which the same is
located,
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10. The application for a special land use permit must contain a plan
for ensuring adequate supervision of a recreational area and all activities
therein.
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L. Grocery stores and gift shops.
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M. Group day-care homes,
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N. Home Occupations:
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1. The home occupation shall be subordinate to the permitted principal
residential use on the premises.
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2. The exterior appearance of the structure shall not be altered or
the occupation within the residence be conducted in a manner that would
cause the premises to differ from its residential character by the use
of colors, material, construction, lighting, signs, or the emission of
sounds, noises, or vibrations.
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3. No more than one person other than members of the immediate family
occupying such dwelling shall be employed.
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4. No more than 20 percent of the total floor area of the residence
shall be used for such purposes, and in no event shall more than 300 square
feet be used for such purposes.
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5. No accessory structures shall be used for such purposes.
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6. There shall be no outside storage of any kind related to any home
occupations.
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7. Adequate off-street parking, limited to no more than two additional
vehicles at a time, shall be provided on the premises.
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8. Mechanical or electrical equipment employed by the home occupation
shall be comparable to the machinery or equipment customariiy found in
the home.
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O. Hotels and motels.
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P. Laundries.
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Q. Manufacturing, Compounding, Assembling, or Treating:
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1. All work shall be carried on within an enclosed building of not more
than 5,000 square feet.
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2. All activities shall be conducted in such a manner so as to adequately
protect adjoining or nearby property owners and residents from noise or
pollution, and the buildings and grounds shall be maintained in a neat
and attractive manner.
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3. All truck parking and loading shall be performed in the rear of the
building.
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4. Adequate screening, as determined by the planning commission, plus
other conditions and limitations as the planning commission deems necessary,
shall be provided and complied with so as to adequately protect the health,
safety, welfare, and adjoining property values.
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R. Mineral Extraction Operations:
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1. Plans that disclose the limits of the area proposed for the operation,
the maximum depth of any excavation, the proposed finished grade, and the
manner in which the land may properly be developed following the termination
of the operations so that the same will not remain devastated beyond any
reasonable use.
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2. No finished slopes or slopes located within 600 feet of adjoining
residential properties or residential zones shall, at any time, exceed
33-1/3 percent,
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3. No excavations, other than those that are incidental to building,
structure, or public utility construction shall be permitted below the
grade of any adjoining public street of abutting property under different
ownership within 600 feet.
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4. No dust, dirt, or debris emanating from the operation shall, at any
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extent as to be a nuisance or annoyance to the occupants thereof.
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5. No operations shall be permitted at any time prior to 7 a.m. or subsequent
to 6:30 p.m. daily.
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6, All topsoil shall be stockpiled upon the premises and shall be promptly
used to resurface areas where operations have been terminated or substantially
discontinued for any period in excess of 1 year. Such areas shall then
be seeded and planted to lessen erosion and to encourage proper growth
within 1year of termination of all excavation activity in the area.
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7. No natural drainage shall be changed or altered in any manner that
would adversely affect adjoining premises, Any dangerous excavations, pits,
pond areas, banks, or slopes shall be adequately guarded or fenced and
posted with signs around the perimeter thereof to prevent injury to children
or others and shall be eliminated as expeditiously as possible.
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8. Special land uses granted hereunder may be limited in time, subject
to renewal for a further limited time by the planning commission, if said
board is satisfied that all conditions of the operations are not a nuisance
or annoyance to adjoining property owners or occupants by reason of noise,
smoke, dust, dirt, unreasonable truck traffic, or hazardous conditions.
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9. No excavating, mining, or quarrying covered by this ordinance shall
be commenced or shall hereafter continue until a performance bond has been
filed with the township clerk in the amount of not less than $2,000 per
acre contained in that portion of the plan required to be filed with the
township under No. 1. hereof, proposed to be excavated, mined, or quarried
within the ensuing 12-month period, guaranteeing the satisfactory performance
of all the regulations herein contained. Such bond shall not, at any time,
be less than $2,000 in amount, No performance bond filed with the township
shall be released until all ordinance regulations are in full compliance.
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S. Multifamily Dwellings:
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1. All buildings shall be no more than 2-1/2 stories in height.
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2. All buildings shall be set back from rear lot lines at least 35 feet.
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3. All buildings shall be compatible in appearance with the surrounding
residential area and shall be landscaped and maintained in an attractive
and neat manner.
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4. No more than 25 percent of the lot area shall be occupied by a building
or buildings,
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5. All buildings shall be set back a minimum distance of 15 feet from
each other.
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6. A paved driveway of at least 15 feet in width shall be constructed
with adequate drainage and paved sidewalks to the entrance or entrances
of each building.
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T. Nurseries and greenhouses,
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U. Planned Unit Developments (PUDs): Refer to Article 20 for all procedures,
requirements, and design standards for all PUDs,
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V. Ponds,
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W. Private clubs. X, Public or institutional uses.
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Y. Resorts.
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Z. Restaurants.
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AA. SmalI-Farming and Truck-Gardening Operations:
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The keeping, feeding, or confining of cattle, poultry, horses, or swine
shall not be permitted within 100 feet of the boundaries of a recorded
residential plat or within 100 feet of a residence or separate property
unless such use preceded the construction of the residence or the recording
of the plat. (see recent interpretation
by atty. R, Anderson)
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AB. State-licensed residential facilities.
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AC. Summer camps.
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AD. Veterinary Hospitals and Dog Kennels: Veterinary hospitals and kennels
shall be 100 feet from all lot lines.
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AE. Warehouses.