This chapter is based upon the township comprehensive plan and is enacted pursuant to and designed to achieve the purposes set forth in the Zoning Enabling Act, as amended. This chapter is adopted with reasonable consideration, among other things, of the character of each zoning district, its peculiar suitability for particular uses, the conservation of property values and natural resources, and the general and appropriate trend and character of land, building and population development.

(Ord. No. O-042682-1, § 1.02, 4-26-1982)

This chapter shall not repeal other ordinances except as set forth in section 78-31. Where this chapter imposes greater restrictions, limitations, or requirements upon any use or utilization of land than are imposed or required by other existing laws, ordinances, regulations, or private restrictive covenants, the provisions of this chapter shall control.

(Ord. No. O-042682-1, § 1.03, 4-26-1982)

Zoning applies to every building and use. No building or land shall be used or occupied, and no building or part thereof shall be erected, moved, placed, reconstructed, extended, enlarged or altered, except in conformity with this chapter.

(Ord. No. O-042682-1, § 3.01, 4-26-1982)

The building inspector or such other persons as the township board shall appoint shall serve as the zoning administrator.

(Ord. No. O-042682-1, § 2.51, 4-26-1982)

Nonconforming buildings and uses may be continued except as hereinafter provided in article XXIII of this chapter.

(Ord. No. O-042682-1, § 3.02, 4-26-1982)

Subject to the provisions of article XXIII of this chapter, nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building which is unsafe.

(Ord. No. O-042682-1, § 3.03, 4-26-1982)

Cross reference— Buildings and building regulations, ch. 18.

The following shall be exempt from height regulations in all zoning districts so long as they do not exceed 75 feet in height: parapet walls not exceeding three feet in height, chimneys, cooling towers, elevator bulkheads, belfries, flag poles, fire towers, grain elevators, silos, stacks, elevated water towers, stage towers, scenery lofts, monuments, cupolas, domes, church spires, penthouses housing necessary mechanical appurtenances, electrical transmission towers, television and radio reception and transmission antennas and towers (except satellite dish antennas), and farm buildings.

(Ord. No. O-042682-1, § 3.04, 4-26-1982; Ord. No. O-061383-1, 6-13-1983)

Essential services as defined in section 78-51 are permitted in any zoning district, subject to the following conditions:

(1)

Electrical substations, gas regulator stations and any building associated with any essential services shall be subject to review and approval of a site plan by the planning commission, in accordance with article XXII of this chapter.

(2)

The design of electrical substations and gas regulator stations shall incorporate measures to minimize aesthetic impacts on the surrounding area, such as use of screen walls and enclosures, dense vegetative screening, earth berming and low profile and intensity of exterior lighting.

(Ord. No. O-042682-1, § 3.05, 4-26-1982; Ord. No. O-021296-1, § 3, 2-12-1996)

In the AGP, RP-1, RP 2, RR, R-1, R-2 and R-3 zoning districts, no more than one principal residential building shall be placed on a lot. In the R-4 zoning district no more than one principal single-family or one principal two-family residential building shall be placed on a lot. Multifamily buildings shall comply with the requirements of subsection 78-264(6).

(Ord. No. O-042682-1, § 3.06, 4-26-1982; Ord. No. O-021710-1, § 4, 2-17-2010)

Buildings on double frontage lots shall comply with front yard requirements on both such streets.

(Ord. No. O-042682-1, § 3.07, 4-26-1982)

On any corner, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially obstruct vision between a height of 3½ feet and eight feet above the established curb grade within a triangle formed by the two street right-of-way lines and a line connecting them at points 25 feet from the intersection of the right-of-way lines.

(Ord. No. O-042682-1, § 3.08, 4-26-1982)

Cross reference— Traffic and vehicles, ch. 66.

The height of fences or walls in any R zoning district shall not exceed seven feet in a rear or side yard, or four feet in a front yard.

(Ord. No. O-042682-1, § 3.09, 4-26-1982)

The line from which required front yards shall be measured shall be established 50 feet from, and parallel to, the centerline of all state highways and country primary roads as they are designated by the county road commission from time to time. Exceptions shall be granted in those cases where the existing right-of-way is greater than 100 feet, in which case the front yard shall be measured from the actual right-of-way line.

(Ord. No. O-042682-1, § 3.10, 4-26-1982)

There shall be provided for every principal building hereafter erected, altered or moved upon any premises and used in whole or in part for human habitation or congregation a safe and sanitary means of collection and disposal of sewage and industrial waste, if any, and a safe and sanitary water supply system.

(Ord. No. O-042682-1, § 3.11, 4-26-1982)

Prior to the issuance of a building permit, the applicant shall obtain any necessary driveway, septic tank and soil erosion permits and deliver copies to the building inspector.

(Ord. No. O-042682-1, § 3.12, 4-26-1982)

(a)

AGP, RP-1, RP-2, and RR zoning districts. On any lot/parcel in the AGP, RP-1, RP-2, and RR zoning districts:

(1)

The keeping of poultry, hogs, horses and other livestock shall be permitted.

a.

On a lot/parcel of land less than five acres:

1.

The keeping of poultry in a henhouse or poultry coop 80 square feet or less shall not be subject to the required 150-foot setback from all property lines for farm buildings housing animals and poultry in the subject zoning districts.

2.

Roosters shall not be permitted.

b.

On a lot/parcel of land five acres or greater:

1.

The keeping of poultry in a henhouse or poultry coop 200 square feet or less shall not be subject to the required 150-foot setback from all property lines for farm buildings housing animals and poultry in the subject zoning districts.

(2)

The keeping of more than three dogs and/or cats is prohibited; provided, however, that any litter of dogs or cats which causes the aforesaid limit of three to be exceeded shall not constitute a violation of this provision for a period of four months after birth. This limit on the number of dogs shall not apply to a person who has a valid kennel license issued by the county if the kennel complies with existing county regulations and state laws.

(b)

R-1, R-2, R-3, V-R, and single-family residential PUD zoning districts. On any lot/parcel in the R-1, R-2, R-3, V-R, and single-family residential PUD zoning districts:

(1)

The keeping of hogs, horses, or other livestock, other than poultry, is prohibited.

(2)

The keeping of more than three dogs and/or cats is prohibited; provided, however, that any litter of dogs or cats which causes the aforesaid limit of three to be exceeded shall not constitute a violation of this provision for a period of four months after birth.

(3)

The keeping of poultry shall be permitted as follows:

a.

A maximum of six poultry may be kept on any lot/parcel of land.

b.

Roosters shall not be permitted.

c.

The slaughtering of poultry shall only be permitted within a fully enclosed building.

d.

Poultry shall be provided with a henhouse or poultry coop and must be kept in the henhouse or poultry coop or an adjoining fully fenced (sides and top) poultry run or pen at all times. Poultry shall not be allowed to roam freely on any lot/parcel of land.

e.

The henhouse or poultry coop and/or poultry run or pen shall be located in the rear yard and shall be located at least 40 feet from any dwelling on adjacent property and at least ten feet from any property line.

f.

The total square footage of any henhouse or poultry coop and adjoining fully fenced (sides and top) poultry run or pen shall not exceed 80 square feet and shall be a maximum of eight feet in height.

g.

Materials used to construct enclosed areas shall exclude tarps, plastic, fabric, rubber, paper, cardboard, or other non-traditional building materials.

h.

Henhouses or poultry coops and poultry runs or pens shall be kept clean so as not to create a nuisance and prevent noxious odors.

i.

All feed and other items associated with the keeping of poultry likely to attract insects, rodents, and other vermin shall be secured and protected in sealed containers.

(Ord. No. O-042682-1, § 3.13, 4-26-1982; Ord. No. O-021710-1, § 5, 2-17-2010; Ord. No. O-041221-1, § 2, 4-12-2021)

Cross reference— Animals, ch. 14.

Under the provisions of this chapter, it shall be unlawful to:

(1)

Park or store in an R zoning district any commercial motor vehicle exceeding one ton capacity. The storage of merchandise, motor vehicles for sale, or the repair of vehicles exceeding one ton capacity is prohibited in any required parking area.

(2)

Use a mobile home, travel trailer or any other similar unit for any business, occupation or trade, except for use as a construction trailer during construction.

(3)

Occupy a basement as a permanent dwelling unit.

(4)

Use any land, building or structure in the township for any of the following uses:

a.

A marihuana establishment, as defined in the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, as amended; or

b.

A marihuana facility, as defined in the Medical Marihuana Facilities Licensing Act, 2016 PA 281, as amended.

(Ord. No. O-042682-1, § 3.14, 4-26-1982; Ord. No. O-070819-1, § 1, 7-8-2019)

Every use shall be conducted and operated so that it is not obnoxious or dangerous by reason of heat, glare, fumes, odors, dust, noise or vibration beyond the lot on which the use is located.

(Ord. No. O-042682-1, § 3.15, 4-26-1982)

(a)

Accessory buildings and uses in residential districts. Accessory buildings which are accessory to single-family residential uses in all residential districts, including the AGP, RP-1, RP-2, RR, R-1, R-2, R-3 and V-R districts, with the exception of farm buildings, shall conform to the following requirements:

(1)

No accessory building may be built on any lot on which there is no principal building, with the exception that an accessory building not exceeding 120 square feet in floor area may be placed in common open space area owned in undivided interest by the owners of all lots in a subdivision plat or a condominium subdivision, for purposes of housing equipment used for maintenance of the common area, subject to review and approval of a site plan for the accessory building by the zoning administrator. An accessory building placed in a common area shall be a minimum of 50 feet from any adjoining lot line, and shall be reasonably screened from view from adjoining lots by natural vegetation or added plant materials.

(2)

An accessory building shall not be located in a front yard, with the exception that one accessory building may be located in the front yard in the agricultural (AGP), rural preservation-1 (RP-1), rural preservation-2 (RP-2) and rural residential (RR) districts, provided that the accessory building shall be subject to review and approval of a site plan by the planning commission pursuant to the procedures and standards contained in section 78-544, and that the following standards are satisfied:

a.

The accessory building is located a minimum of 50 feet from any lot line.

b.

The accessory building is located on a lot with a minimum area of three acres in the AGP, RP-1 and RP-2 districts, and two acres in the RR district.

c.

The facade materials and color, and the roof pitch, shape, material and color, of the accessory building are substantially the same as those of the dwelling unit on the subject property. Should the zoning administrator determine that the proposed front yard accessory building does not comply with this requirement, then it shall be required to obtain a special use through the planning commission, following the procedures and standards pertaining to special uses as specified in this chapter.

(3)

Except as provided in subsections (1) and (2) of this section, accessory buildings shall be subject to the following minimum setbacks from side and rear lot lines, based on the size of the accessory building, and the zoning district of the subject property:

(4)

No accessory building shall occupy any portion of a greenbelt or buffer that is required by article XXV of this chapter.

(5)

Maximum height of accessory buildings.

a.

The maximum height of an accessory building shall be determined based on the size of the subject lot or parcel, as follows:

(6)

The total combined ground level floor area of all detached accessory buildings on any lot or parcel shall be limited as follows, based on the size of the subject lot or parcel and whether the subject lot or parcel has an attached garage:

(7)

Accessory building floor area and height greater than that permitted in subsections (5) and (6) of this section may be authorized by the planning commission as a special use, following the procedures and standards pertaining to special uses as specified in this chapter, and upon finding that the size, height, placement, design and appearance of the accessory building will be compatible with the character of the surrounding area.

(8)

In those cases where the zoning administrator determines that a building is not ancillary to a permitted use, a determination may be made by the zoning board of appeals utilizing the following criteria:

a.

Whether the size and location of the proposed building is consistent with existing permitted uses.

b.

Whether the proposed building will affect the light and air circulation of any adjoining buildings or properties.

c.

Whether the proposed building will adversely affect the view of any adjoining property.

(b)

Accessory buildings and uses in non-residential districts. Accessory buildings which are accessory to principal uses in all non-residential districts shall conform to the same requirements as the principal building. One accessory building may be located in the front yard provided that the accessory building shall be subject to review and approval of a site plan by the planning commission pursuant to the procedures and standards contained in section 78-544.

(c)

Residential quarters for caretaker or security personnel in non-residential districts. Residential quarters for a caretaker or security personnel are permitted as an accessory use in the PO, C-2, I and LI zoning districts, subject to the following limitations:

(1)

Occupancy of the accessory residential quarters shall be limited to no more than two persons who are employed to provide services on the parcel on which the residential quarters are located, and their immediate family members.

(2)

The services provided by the employed occupants of the residential quarters shall be of a nature that requires 24-hour per day location on the premises, such as, but not limited to, care of animals housed on the premises or providing security services for real property improvements or personal property on the premises.

(3)

The dwelling unit used for the accessory residential quarters shall comply with the standards for dwelling units contained in section 78-21.

(4)

A maximum of one dwelling unit used for accessory residential quarters is permitted on any lot or adjacent lots occupied by one principal use.

(5)

The dwelling unit used for accessory residential quarters may be located in the same building occupied by the principal use, or in a detached accessory building. If located in a detached building, the use is subject to approval of a site plan by the planning commission.

(6)

The floor area of the dwelling unit used for the accessory residential quarters shall not exceed 1,500 square feet.

(Ord. No. O-042682-1, § 3.16, 4-26-1982; Ord. No. O-051391-2, 5-13-1991; Ord. No. O-011193-1, 1-11-1993; Ord. No. O-0121399-1, § 1, 12-13-1999; Ord. No. O-021710-1, §§ 6, 7, 2-17-2010; Ord. No. O-042814-1, § 1, 4-28-2014; Ord. No. O-06-09-14, §§ 1—3, 6-9-2014; Ord. No. O-091222-1, § 1, 9-12-2022)

Cross reference— Animals, ch. 14.

All dwellings located outside of mobile home yards shall comply with the following requirements:

(1)

Area. Every dwelling unit shall have, exclusive of basements, porches, garages, breezeways, terraces or attics, a floor area of not less than:

(2)

Foundations for dwellings. All dwelling units and any additions thereto shall be constructed upon and attached to a solid permanent foundation located under the entire perimeter of the ground floor of the dwelling unit with a depth of at least 42 inches below grade and such foundation shall comply with the township building code and all applicable state regulations.

(3)

Minimum height required. All dwelling units shall provide a minimum height between the floor and ceiling of 7.5 feet.

(4)

Storage areas required. All dwelling units shall provide storage areas (either within a basement or in an attic, or in a separate, fully enclosed structure), of not less than 15 percent of the living area of the dwelling unit, exclusive of storage space for automobiles. Such storage areas shall not be counted in determining whether the dwelling unit complies with the minimum floor area requirements of this chapter.

(5)

Minimum width required. The minimum width of any single-family dwelling unit shall be 22 feet for at least 67 percent of its length.

(6)

Minimum ingress and egress. All dwelling units shall provide a minimum of two separate points of ingress and egress.

(7)

Steps or porch areas required. All single-family dwelling units shall provide steps or porch areas permanently attached to the foundation where there exists an elevation differential of more than one foot between a door and the surrounding grade.

(8)

Interior access to basement or crawl space. All dwelling units shall provide from within the dwelling unit at least one means of access to any basement or crawl space.

(9)

Mobile homes permitted. Mobile homes shall be permitted, outside state licensed mobile home parks, in any zoning district wherein single-family dwellings are permitted, subject to compliance with the requirements of this chapter applicable to other single-family dwellings provided that the mobile home shall meet all standards of the United States Department of Housing and Urban Development Mobile Home Construction Safety Standards in effect at the time the mobile home is located in the township.

(Ord. No. O-042682-1, § 3.17, 4-26-1982)

No recreation vehicle shall be located within the building setback (front yard), nor closer than five feet to a rear or side lot line in a residential district for a period exceeding 72 hours.

(Ord. No. O-042682-1, § 3.18, 4-26-1982)

Cross reference— Traffic and vehicles, ch. 66.

Buildings or structures may be erected in the flood hazard area as identified by the Federal Insurance Administration, provided the lowest habitable floor elevation is one foot above the flood level elevation as established by the Federal Insurance Administration. This section shall not preclude the placement or construction of docks, boat houses, pump houses or similar structures in their usual and customary location. This section shall not preclude enforcement of the township flood damage prevention ordinance (article VII of chapter 18).

(Ord. No. O-042682-1, § 3.19, 4-26-1982)

(a)

It is the purpose of this section to permit, subject to reasonable controls and limitations, the use of residential premises for limited occupational purposes by the occupants thereof. These regulations are intended to permit the use of residential premises for occupational uses with a minimum regulatory burden, provided such use has negligible visual, environmental and traffic impacts on the surrounding residential area, and negligible impact on the character of the surrounding residential area. It is also the intent of this section to exercise a higher degree of regulatory control over those types of home occupations which are more likely to result in adverse impacts to the character of the surrounding residential area, and to permit such uses only by issuance of a special use permit, subject to the provisions of this chapter.

(b)

Home occupations which comply with all of the following standards shall be considered to be type I home occupations, which are permitted by right in all residential zoning districts:

(1)

No person other than members of the household residing on the premises shall be engaged in the conduct of the home occupation on the premises.

(2)

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25 percent of the floor area of the dwelling unit, or 300 square feet, whichever is less, shall be used in the conduct of the home occupation.

(3)

There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of the home occupation. No sign identifying the home occupation shall be permitted.

(4)

No home occupation nor storage of goods, materials, equipment or products associated with the home occupation shall be permitted in any accessory buildings on the premises, regardless whether attached or detached from the principal residence.

(5)

Exterior storage and/or display of equipment, materials, goods, merchandise or supplies used in the conduct of the home occupation is prohibited.

(6)

The home occupation shall not involve the use or storage of commercial vehicles over one ton in capacity on the premises.

(7)

There shall be no vehicular traffic generated by the home occupation, other than occasional, incidental visits by clients or small parcel delivery services not exceeding an average of four vehicle trips per weekday.

(8)

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

(9)

The sale or offering for sale on the premises of any article, goods or merchandise on the premises is prohibited.

(c)

Any home occupation having one or more of the following characteristics shall be considered a type II home occupation, and shall be permitted only upon the approval of a special use permit, pursuant to article XXI of this chapter:

(1)

The home occupation will employ on the premises any persons other than occupants of the residential dwelling on the premises.

(2)

The home occupation is of a type in which customers or clients of the business are required to visit the residential premises.

(3)

A business sign is proposed to be located on the premises.

(4)

The home occupation involves the exterior storage of any materials, merchandise or products.

(5)

The home occupation has any other characteristics which exclude it from consideration as a type I home occupation.

(d)

In addition to complying with the standards for approval of a special land use contained in article XXI of this chapter, no type II home occupation shall be issued a special use permit unless all of the following standards are met:

(1)

The type II home occupation shall only be conducted on the premises of a detached single-family dwelling. Type II home occupations shall not be permitted within two-family or multiple-family dwellings.

(2)

No more than two persons other than members of the household residing on the premises shall be engaged in the conduct of the home occupation on the premises.

(3)

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25 percent of the floor area of the dwelling unit, or 300 square feet, whichever is less, shall be used in the conduct of the home occupation.

(4)

There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of the type II home occupation, other than signs as permitted in article XXVI of this chapter.

(5)

Storage of goods, materials, equipment or products associated with the home occupation shall be permitted only within the dwelling or in an enclosed accessory building, or in an outside area enclosed on all sides by a solid fence or wall, so as to be entirely screened from view from surrounding properties and the public road.

(6)

Outdoor display of equipment, materials, goods, merchandise or supplies used in the conduct of the home occupation is prohibited.

(7)

The home occupation shall not involve the use or storage of more than one commercial vehicle on the premises. Any vehicle over one ton capacity shall be parked or stored in an enclosed garage or accessory building.

(8)

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood. Any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard. The number of off-street parking spaces provided for the home occupation shall not exceed two spaces, exclusive of parking required for the residential use of the dwelling.

(9)

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

(Ord. No. O-042682-1, § 3.20, 4-26-1982; Ord. No. O-061096-1, §§ 2, 3, 6-10-1996)

Cross reference— Businesses, ch. 22.

(a)

Purpose. This section is intended to provide for the regulation and permitting of uses of land which are inherently impermanent or which are proposed to be engaged in for only a short and definite period of time. Further, where expressly permitted by this section, such temporary uses may be conducted outdoors, notwithstanding any limitation or prohibition against such outdoor activity otherwise provided by this chapter.

(b)

Procedures.

(1)

It shall be unlawful to engage in any temporary use as provided by this section without first obtaining a temporary use permit.

(2)

All applications for a temporary use permit shall be made at least 14 days prior to the proposed commencement date for the use, provided that the zoning administrator may approve a lesser time period consistent with the requirements of this section. Application shall be made by submittal of the following items to the zoning administrator:

a.

A completed application form, providing name and contact information for the applicant and the owner of the subject property on which the use is proposed, and a description of the nature and proposed duration of the temporary use;

b.

An application fee, which shall be established by resolution of the township board;

c.

A site plan, drawn to scale, which accurately depicts existing conditions on the subject property, as well as the location of all temporary facilities, equipment, storage areas and other features associated with the proposed temporary use; and

d.

Plans showing the location and dimensions of all signs proposed to be displayed on the premises of the temporary use that are intended to be or will be viewable from the public right-of-way or adjacent properties.

(3)

A temporary use permit shall not be approved unless the zoning administrator determines that the proposed temporary use complies with all of applicable standards and requirements for approval set forth in this section.

(4)

A temporary use shall be permitted only for as short a time as practicable. In no case shall a temporary use permit be issued for a period in excess of the time limitations as provided by subsection (d), below.

(5)

Reasonable conditions may be imposed on the approval of a temporary use permit by the zoning administrator. The conditions imposed may include conditions necessary to ensure that public services and facilities affected by a proposed temporary use will be capable of accommodating increased service and facility loads caused by the use to protect the natural environment and conserve natural resources and energy; to ensure compatibility with adjacent uses of land; and to protect the health, safety and welfare and the social and economic well-being of those who will use the temporary use under consideration, residents and landowners immediately adjacent to the proposed use, and the community as a whole. Specifically, the conditions imposed may be related to such matters including, but not limited to, location, size, height, construction, screening, parking, traffic and pedestrian access, hours of operation, noise, odor, sanitation, disposal of trash or refuse, lighting and electrical systems, or any other physical or operational aspects of a proposed temporary use which might adversely affect health, safety or welfare. Any condition imposed must be clearly specified in writing by the zoning administrator on the temporary use permit.

(6)

If the zoning administrator determines that the application complies with the requirements set forth in this section, other applicable provisions of this chapter, and other ordinances of the township, the zoning administrator shall issue a temporary use permit within 14 days of submission of the application. The following information shall be clearly stated on any permit issued:

a.

The commencement and termination dates of the permit;

b.

Specification of any conditions of approval imposed pursuant to this section;

c.

The name, address and telephone number of the person(s) or organization(s) to whom the permit is issued (referred to in this article as the "owner or operator");

d.

The type of temporary use for which the permit has been issued including a general listing of the types of activities the use will involve; and

e.

The location of the site for which the permit has been issued, and a general indication of the location of activities on the site.

(7)

If the building official determines that the application does not sufficiently comply with the requirements set forth in this section, other applicable provisions of this chapter or other ordinances of the township, the zoning administrator shall deny the permit and shall provide the applicant with a written statement of the reasons for the denial within 14 days of submission of the application.

(c)

Standards for approval. A temporary use permit shall not be approved unless the proposed use, the proposed site plan and the management and conduct of the proposed use comply with all of the following standards and requirements:

(1)

The temporary use will not result in any hazard or nuisance to the contiguous or adjacent users or uses of property or otherwise be contrary to the public health, safety or welfare of the community.

(2)

The temporary use will not create hazardous vehicular or pedestrian traffic conditions on or adjacent to the site of the temporary use, or result in traffic in excess of the capacity of streets serving the use.

(3)

Adequate utility, drainage, parking, refuse management, sanitary facilities, emergency services and access, and similar necessary facilities and services will be available for the temporary use.

(4)

The site on which the temporary use is located has a sufficient supply of on-site parking spaces to serve the parking needs of the temporary use in addition to the parking needs of other permanent principal uses on the site, or, if the site on which the temporary use is located does not have sufficient parking, the applicant shall provide the zoning administrator with written documentation of the consent of one or more property owners in the vicinity of the proposed temporary use, authorizing use of parking spaces on other property if such premises are not owned by the applicant.

(5)

The temporary use will not have a substantially adverse impact on the natural environment.

(6)

The site is suitable for the proposed temporary use, considering flood hazard, drainage, soils, and other conditions which may constitute a danger to life, health or property.

(7)

The temporary use and all associated temporary improvements, including, but not limited to, tents, stands, temporary electrical systems, temporary heating systems, and temporary lighting systems will comply with all applicable provisions of the building code, the national electrical code, and such other codes as are from time to time adopted or amended by the township.

(8)

Notwithstanding the provisions of article XXVI of this chapter, one or more signs with an aggregate area for all signs combined not exceeding 72 square feet is permitted on the same premises as the temporary use, provided that no sign shall be located within a public right-of-way. Where the zoning administrator determines that a temporary sign proposed in connection with a temporary use will result in a hazard or nuisance or will otherwise be contrary to the public health, safety or welfare of the community, the zoning administrator may impose more restrictive requirements than those specified above.

(9)

The area occupied by the temporary use must be kept in a neat and well-kept manner at all times. Within 72 hours after the conclusion or termination of the activity authorized by the temporary use permit, all temporary improvements, signs, trash, and debris resulting from the temporary use shall be removed from the premises. It shall be unlawful for the owner or operator of the use to abandon the permitted premises without such cleaning and removal.

(10)

The zoning administrator may revoke or suspend a temporary use permit at any time upon the failure of the owner or operator of the use to comply with any or all requirements of this section or conditions imposed upon issuance of the permit or with any other applicable provisions of state or local law. Notice of such revocation or suspension shall be made by letter from the zoning administrator to the owner or operator of the use for which the permit has been granted, hand-delivered or mailed, return receipt requested, setting forth the grounds upon which the permit was revoked or suspended the date and time upon which the revocation or suspension is effective, and informing the owner or operator of the appeals procedure. Upon receipt of such notice, the owner or operator of such activity shall cease operation of the activity immediately. The provisions of this subsection shall not be deemed to preclude the use of any other remedy prescribed by law or by this chapter with respect to violations of the provisions of this chapter.

(d)

Uses permitted upon issuance of a temporary use permit. Subject to the requirements and standards of subsections (a) through (c) above, the zoning administrator may, upon application, issue a temporary use permit for any of the following uses, subject to the additional standards and requirements for such uses as set forth herein:

(1)

Temporary outdoor sales or tent sales by retail merchants. The temporary outdoor sale and display of customary store goods and merchandise in connection with the promotional activities of retail merchants is permitted, subject to the following additional requirements:

a.

Maximum permit period: 14 days in any 12-month period.

b.

Location: Such temporary outdoor sale and display of goods and merchandise is permitted only in the C-1 or C-2 zoning districts and shall be conducted within an area immediately adjacent to the place where such goods and merchandise are customarily sold in connection with an existing business.

(2)

Outdoor Christmas tree sales not associated with sales from a principal building, Christmas trees may be stored, displayed and sold outdoors without the use of a building or other structure, subject to the following additional requirements:

a.

Maximum permit period: 60 days in any 12-month period.

b.

Location: Christmas trees may be sold outdoors on property located in the C-1 or C-2 zoning districts. Except as required by the zoning administrator, the display of Christmas trees need not comply with the setback requirements of this chapter, provided that no tree shall be displayed within 30 feet of the intersection of the curbline of any two streets or the intersection of the curbline of a street and a driveway, nor within the public right-of-way.

(3)

Temporary outdoor sales of produce, bedding plants and flowers may be authorized, subject to the following additional requirements:

a.

Maximum permit period: May 1 through November 1 of each year.

b.

Location: Temporary outdoor displays and sales of produce, bedding plants and flowers is permitted only in the C-1 or C-2 zoning districts. Except as required by the zoning administrator, the display need not comply with the setback requirements of this chapter provided that no merchandise or structure shall be located within 50 feet of the intersection of the curbline of any two streets, the intersection of a street and a driveway, or within the public right-of-way.

c.

Prohibition on sales of other items: No items other than fresh fruits and vegetables harvested for direct sale to retail customers, bedding plants and flowers shall be displayed or sold under this sub-section.

(4)

Temporary outdoor events in commercial districts. Carnivals, fairs, festivals and similar uses are permitted in the C-1 and C-2 zoning districts, subject to the following requirements:

a.

Maximum permit period: Three days in any 12-month period for a particular event and ten days in any 12-month period for all temporary outdoor uses permitted under this section.

b.

Hours: Such temporary uses shall not be permitted to operate between the hours of 10:00 p.m. through 8:00 a.m.

(Ord. No. O-031306-1, § 1, 3-13-2006)

No land located in any AGP, RP-1, RP-2 or R residential district shall be used as a driveway, walkway or other means of access to any land located in the PO, C, or I district.

(Ord. No. O-042682-1, § 3.22, 4-26-1982; Ord. No. O-021710-1, § 8, 2-17-2010)

Junk yards are prohibited in all zoning districts.

(Ord. No. O-042682-1, § 3.23, 4-26-1982)

This chapter may be amended or supplemented in accordance with the Zoning Enabling Act. Amendments may be initiated by the township board, the planning commission, or by any person, firm or corporation filing an application with the building inspector.

(Ord. No. O-042682-1, § 24.01, 4-26-1982)

Any application for amendment to this chapter shall be submitted and reviewed in accordance with the Zoning Enabling Act and the following procedures:

(1)

Each application shall be accompanied by the payment of a fee and escrow amount as specified in section 78-65 and in accordance with the schedule of fees adopted by resolution of the township board to cover the costs of processing the application.

(2)

An application for an amendment shall be accompanied by the following documents and information:

a.

A completed application for an amendment on a form supplied by the building inspector.

b.

A map, if applicable, drawn to scale containing the following:

1.

Legal description of the area affected by the proposed amendment.

2.

Present zoning classifications of the area affected by the proposed amendment.

3.

Language of the proposed amendment.

4.

Small scale sketch of properties, streets and uses of land within one-half mile of the area affected by the proposed amendment.

c.

A statement with regard to compliance with the township comprehensive plan and the reason and necessity for such amendment.

(Ord. No. O-042682-1, § 24.02, 4-26-1982; Ord. No. O-072699-1, § 9, 7-26-1999)

No officer, agent, employee, or member of the township board, planning commission or board of zoning appeals shall be personally liable for any damage as the result of any act, decision or other consequence or occurrence arising out of the discharge of duties and responsibilities pursuant to this chapter.

(Ord. No. O-042682-1, § 26.01, 4-26-1982)

Cross reference— Administration, ch. 2.

The former township zoning ordinance, adopted April 26, 1982, and all amendments thereto, except the specific amendments which relate to certain planned development zoning districts, are hereby repealed as of the effective date of this Code; provided, however, that the same shall remain in force for the purpose of instituting or sustaining any proper action or prosecution for the enforcement of any penalty or liability thereunder.

(Ord. No. O-042682-1, § 26.03, 4-26-1982)

(a)

Intent and purpose: The standards contained in this section govern the use and alteration of land within a specified distance of wetlands, rivers, creeks and other riparian features in Ada Township, in order to accomplish the following objectives:

(1)

Implement the water quality protection, environmental protection and rural character protection goals and policies of the township's master plan.

(2)

Achieve the township's resource protection and community character goals in a manner that is reasonable and sensitive to local conditions and concerns of property owners.

(3)

Protect water quality and habitat quality in the wetlands, rivers, creeks, and other riparian features in Ada Township, and thereby protect the public health, safety and general welfare, by encouraging filtering of storm water runoff through natural vegetative buffers along stream corridors, and by encouraging and protecting vegetative cover along stream banks to shade the stream, thereby maintaining lower water temperatures and high-quality stream habitat.

(4)

Maintain the integrity and stability of stream banks and protect stream banks against erosion, by providing for continuous vegetative buffers adjacent to wetlands and stream corridors, and by prohibiting excavation and building activities within a specified distance from wetlands and stream banks.

(5)

Protect the natural character and appearance of wetlands and stream and river corridors, which contribute to the valued natural character of the community, its quality of life and its property values.

(6)

Permit and encourage property owners to enhance native vegetation along riparian corridors in the township.

(b)

Applicability:

(1)

Except as provided in subsection (2), below, the standards contained in this section shall be applicable to all land in the township which is located within specified distances adjacent to:

a.

All of the lakes, ponds, impoundments, rivers, streams, and creeks identified on the map titled "Protected Riparian Areas Inventory Map," which is attached to and made a part of this section, and a copy of which is on file in the office of the township clerk, and

b.

Any other natural or artificial lake, pond or impoundment with a surface area of five acres or more or any river, stream, creek or any other body of water that has definite banks, a bed, and that, under normal conditions, has visible evidence of a year-round flow of water;

c.

Wetlands as defined in this chapter.

(2)

The standards contained in this section shall not be applicable to:

a.

A lot or parcel which was a "lot of record," as defined in this chapter, on or before the effective date of the amendatory ordinance creating this section.

b.

Agricultural operations that are conducted in conformance with the Michigan Right to Farm Act, Public Act 93 of 1981, as amended.

c.

All activities that are authorized in a permit issued by the Michigan DEQ pursuant to Parts 31, 301, 303 or 315 of the Natural Resources and Environmental Protection Act, PA 451 of 1994, as amended.

(3)

The limits of the "natural vegetation zone" and the "transition zone" as defined in this section shall be accurately shown on all site plans, land division plans, subdivision plans, site condominium plans, plans for planned unit developments, and all applications for building permits submitted for review by Ada Township. Any such plans for sites on which is located any riparian area subject to these regulations shall include the following statement: "There shall be no clearing, grading, placement of fill, construction or disturbance of vegetation within the area labeled as being subject to the riparian area protection standards of the Ada Township Zoning Regulations, except as permitted by section 78-32 of the Ada Township Zoning Regulations."

(4)

The decision on any application for a zoning approval or permit that is subject to zoning administrator action may be referred by the zoning administrator to the planning commission for its review and decision, when the property involved is subject to the riparian area protection standards of this section.

(5)

The land area subject to the riparian area protection standards of this section shall be comprised of two sub-areas:

a.

A "natural vegetation zone", which includes all lands located within 25 feet of the ordinary high water mark of a riparian feature, all lands within ten feet of the boundary of a wetland as defined in this section, and all land located within 75 feet of the ordinary high water mark of a riparian feature which slopes toward the riparian feature at a grade of 12 percent or greater.

b.

A "transition zone," which extends for a width of 15 feet beyond the edge of the natural vegetation zone.

The intended purpose and applicable development standards within each of these sub-areas shall be as set forth in the following paragraphs.

(c)

Intent, purpose and development standards in the natural vegetation zone: The natural vegetation zone is intended to provide an undisturbed vegetative corridor along the edge of a riparian feature, to protect the water quality, habitat and aesthetic values of the riparian feature by minimizing erosion, stabilizing the bank, minimizing nutrient flows into the water, shading the water to maintain low water temperatures, and screening man-made structures. Land located within the natural vegetation zone shall be subject to the following development standards:

(1)

No dwelling unit or other principal building and no accessory building or other structure shall be constructed within the natural vegetation zone, with the following exceptions:

a.

Flood control structures constructed by authorized state or federal agencies.

b.

Pedestrian or vehicular bridges, when deemed necessary and designed and constructed in a manner that minimizes impact on the riparian feature.

c.

A boardwalk access to a wetland constructed in accordance with a permit issued by the Michigan Department of Environmental Quality.

(2)

No on-site waste disposal system shall be installed within the natural vegetation zone.

(3)

The area within the natural vegetation zone shall be kept in a predominantly natural condition, with a limited extent of alteration and management, as provided herein. Clearing or removal of existing trees, shrubs and groundcover is prohibited, with the following exceptions:

a.

Removal of isolated diseased or dead trees, and trees that are in an unstable condition and that pose a safety hazard is permitted, provided that the stumps and root structures of removed trees shall be left in place.

b.

Removal of species that are recognized as highly invasive, contained on a "List of Invasive Species" maintained on file in the office of the township clerk is permitted.

c.

Planting of native species that are contained on a "List of Native Species" maintained on file in the office of the township clerk is permitted.

d.

Limited removal of vegetation within the natural vegetation zone is permitted, in order to provide a filtered view of the riparian feature or wetland from adjacent property, and to provide access to the riparian feature, provided that:

1.

Sufficient vegetation is retained to provide for bank stabilization and erosion control, to encourage infiltration of runoff, and to provide shading of the water surface.

2.

Except as provided herein, existing vegetation below a height of three feet above the ground and the ground surface shall remain undisturbed and in a natural condition.

3.

Removal of vegetation above a height of three feet shall be permitted for a maximum linear distance of 75 feet along one side of the riparian feature on the subject property, or for a linear distance no greater than one third of the total linear extent of the riparian feature on the subject property, whichever is less.

4.

Within the 75-foot area described in subparagraph 3. above, existing vegetation may be removed and/or managed, including maintaining a turf lawn, in an area with a maximum width of 15 feet along one or both sides of the riparian feature. Within this 15-foot area, a paved or unpaved trail or path with a maximum width of ten feet is also permitted.

5.

Within the 75-foot area described in subparagraph 3. above, clearing that is required to construct the structures permitted in sub-paragraph (1)a. through c., above, is permitted.

(4)

The following activities are prohibited in the natural vegetation zone: storage of motorized vehicles or petroleum products; storage or use of toxic or hazardous materials; storage or application of herbicides or pesticides; storage or application of fertilizer containing in excess of one percent by weight of an hydric phosphoric acid, placement of fill or dumping of any refuse; drainage by ditches, underdrains or other similar systems.

(d)

Intent, purpose and development standards in the transition zone: The transition zone is intended to provide distance between upland development and the natural vegetation zone, in an area outside of the natural vegetation zone where there are fewer restrictions on disturbance and improvements, but where some restriction remains necessary to protect the integrity, water quality and habitat of the adjacent riparian feature. Land located within the transition zone shall be subject to the following development standards:

(1)

No dwelling unit or other principal building and no accessory building or other structure shall be constructed within the transition zone, with the following exceptions:

a.

Flood control structures constructed by authorized state or federal agencies.

b.

Pedestrian or vehicular bridges, when deemed necessary and designed and constructed in a manner that minimizes impact on the riparian feature.

c.

One viewing platform, deck or gazebo, with a maximum ground coverage of 200 square feet.

(2)

No on-site waste disposal system shall be installed within the transition zone.

(3)

Construction of impermeable surfaces such as paved driveways, paved parking areas, tennis courts, or other similar surfaces is prohibited in the transition zone, except for those uses and structures permitted in sub-paragraph (1), above, and public recreational trails, not exceeding ten feet in width.

(4)

Existing vegetation in the transition zone may be altered and managed in a manner customary for the uses permitted in the zoning district applicable to the subject property.

(Ord. No. O-061305-2, § 1, 6-13-2005)

(a)

Purpose. This section is intended to provide for the regulation and permitting of wind energy systems in the township, in order to facilitate the use of wind as a source of energy in the township in a manner that is compatible with the health, safety and general welfare of the public.

(b)

Standards applicable to all wind energy systems.

(1)

Sound pressure level. The sound pressure level emitted by a wind energy system shall not exceed 55 dB(A), measured at any property line. This sound pressure level may be exceeded during shortterm events such as severe wind storms. If the ambient sound pressure level exceeds 55 dB(A), the standard shall be ambient dB(A) plus 5 dB(A).

(2)

Electromagnetic interference. No wind energy system shall be installed in any location where its proximity to existing fixed broadcast, retransmission, or reception antennas for radio, television, or wireless phone or other personal communication systems would result in electromagnetic interference with signal transmission or reception unless the applicant provides a replacement signal to the affected party that will restore reception to at least the level present before operation of the wind energy system. No wind energy system shall be installed in any location within the line of sight of an existing microwave communications link where operation of the wind energy system is likely to produce electromagnetic interference in the link's operation, unless the interference is insignificant.

(3)

Construction codes, towers, and interconnection standards. Wind energy systems including towers shall comply with all applicable state construction and electrical codes and local building permit requirements. Wind energy systems including towers shall comply with Federal Aviation Administration requirements, the Michigan Airport Zoning Act (Public Act 23 of 1950, MCL 259.431 et seq.), the Michigan Tall Structures Act (Public Act 259 of 1959, MCL 259.481 et seq.), and local jurisdiction airport overlay zone regulations. A wind energy system which is interconnected with the public utility electrical distribution system shall comply with Michigan Public Service Commission and Federal Energy Regulatory Commission standards.

(4)

Safety.

a.

A wind energy system shall have an automatic braking, governing or blade feathering system to prevent uncontrolled rotation or over speeding.

b.

If a tower is supported by guy wires, the wires shall be clearly visible to a height of at least eight feet above the guy wire anchors.

c.

The minimum separation distance between any moving component of a wind energy system and the ground or any fixed object on the ground, other than the structure on which the system is mounted, shall be 30 feet.

d.

Ground-mounted wind energy systems shall have towers of a nonclimbable design, or shall be equipped with measures to prohibit unauthorized climbing access.

(c)

On-site-use wind energy systems of 65 feet in height or less. On-site-use wind energy systems of 65 feet or less in height are permitted as an accessory use, subject to compliance with the following standards:

(1)

Conformance with the standards contained in subsection (b), above.

(2)

The system shall be designed and used for the primary purpose of generating electrical energy for the exclusive use of the home, farm, or business located on the same lot as the wind energy system; provided, however, that this provision shall not prohibit the sale of excess electrical energy generated to the electric utility company providing service to the property, through a net-metering arrangement in conformance with requirements of the Michigan Public Service Commission.

(3)

An on-site-use wind energy system may be attached to an existing principal or accessory building, or may be a stand-alone system elevated on a ground-mounted tower.

(4)

The number of building-mounted on-site-use wind energy systems shall be subject to the following limits:

a.

On a lot of less than five acres in size, there shall be no more than one building-mounted on-site-use wind energy system.

b.

On a lot of five acres or more in size, the number of building-mounted on-site-use wind energy systems shall not exceed two, plus one additional for each ten acres of lot area in excess of five acres.

(5)

A ground-mounted on-site-use wind energy system shall only be permitted in the AGP, RP-l, RP-2, RR, C-l, C-2, LI, or I zoning districts, and only on a lot having a size of three acres or greater.

(6)

There shall be no more than one ground-mounted on-site-use wind energy system located on any lot.

(7)

Maximum height.

a.

The height of a stand-alone, ground-mounted on-site-use wind energy system shall not exceed 65 feet, measured from the point of attachment to the ground surface to the top of the turbine blade in its vertical position.

b.

The height of a building-mounted on-site-use wind energy system shall not exceed 65 feet, measured from the average of the lowest grade and the highest grade at any point around the building perimeter to the top of the turbine blade in a vertical position.

(8)

Minimum setback requirements.

a.

A stand-alone, ground-mounted on-site-use wind energy system may not be located in the front yard.

b.

A stand-alone, ground-mounted on-site-use wind energy system shall have a minimum setback from any property boundary equal to one and one-half times the total height of the wind energy system, measured from the point of attachment to the ground surface to the top of the turbine blade in its vertical position. The setback distance shall be measured horizontally from the tip of the turbine blade extended in a horizontal position to a vertical surface extending upward from the nearest property boundary.

c.

A building-mounted on-site wind energy system shall have a minimum setback from a property boundary equal to the height of the wind energy system.

The height of the system shall be measured from the average of the lowest grade and the highest grade at any point around the building perimeter to the top of the turbine blade in a vertical position.

The setback distance shall be measured horizontally from the tip of the turbine blade extended in a horizontal position to a vertical surface extending upward from the nearest properly boundary.

d.

No part of the wind energy system structure, including guy wire anchors, may extend closer than ten feet to a lot line.

(d)

On-site-use wind energy systems greater than 65 feet in height. On-site-use wind energy systems greater than 65 feet in height shall be permitted only when approved by the planning commission as a special use, according to the standards of article XXI, and subject to compliance with the following standards:

(1)

Conformance with the standards contained in subsection (b), above.

(2)

The system shall be designed and used for the primary purpose of generating electrical energy for the exclusive use of the home, farm, or business located on the same lot as the wind energy system; provided, however, that this provision shall not prohibit the sale of excess electrical energy generated to the electric utility company providing service to the property, through a net-metering arrangement in conformance with requirements of the Michigan Public Service Commission.

(3)

An on-site-use wind energy system may be attached to an existing principal or accessory building, or may be a stand-alone system elevated on a ground-mounted tower.

(4)

The number of building-mounted on-site-use wind energy systems shall be subject to the following limits:

a.

On a lot of less than five acres in size, there shall be no more than one building-mounted on-site-use wind energy system.

b.

On a lot of five acres or more in size, the number of building-mounted on-site-use wind energy systems shall not exceed two, plus one additional for each ten acres of lot area in excess of five acres.

(5)

A ground-mounted on-site-use wind energy system shall only be permitted in the AGP, RP-1, RP-2, RR, C-l, C-2, LI, or I zoning districts, and only on a lot having a size of three acres or greater.

(6)

There shall be no more than one ground-mounted on-site-use wind energy system located on any lot.

(7)

Maximum height:

a.

The height of a stand-alone, ground-mounted on-site-use wind energy system shall not exceed 90 feet, measured from the point of attachment to the ground surface to the top of the turbine blade in its vertical position.

b.

The height of a building-mounted on-site-use wind energy system shall not exceed 90 feet, measured from the average of the lowest grade and the highest grade at any point around the building perimeter to the top of the turbine blade in a vertical position.

(8)

Minimum setback requirements.

a.

A stand-alone, ground-mounted on-site-use wind energy system may not be located in the front yard.

b.

A stand-alone, ground-mounted on-site-use wind energy system shall have a minimum setback from any property boundary equal to one and one-half times the total height of the wind energy system, measured from the point of attachment to the ground surface to the top of the turbine blade in its vertical position. The setback distance shall be measured horizontally from the tip of the turbine blade extended in a horizontal position to a vertical surface extending upward from the nearest property boundary.

c.

A building-mounted on-site wind energy system shall have a minimum setback from a properly boundary equal to the height of the wind energy system.

The height of the system shall be measured from the average of the lowest grade and the highest grade at any point around the building perimeter to the top of the turbine blade in a vertical position.

The setback distance shall be measured horizontally from the tip of the turbine blade extended in a horizontal position to a vertical surface extending upward from the nearest property boundary.

d.

No part of the wind energy system structure, including guy wire anchors, may extend closer than ten feet to a lot line.

(9)

The proposed system shall not result in shadow flicker impacts on any occupied structure on an adjoining property. The planning commission may require that the application for special use permit include an analysis of potential shadow flicker impacts, prepared by a qualified source of expertise, and identification of measures to mitigate potential shadow flicker impacts.

(e)

Utility grid wind energy systems. Utility grid wind energy systems shall be permitted only when approved by the planning commission as a special use, according to the standards of article XXI, and subject to compliance with the following standards:

(1)

[Additional standards.] Conformance with the standards contained in subsection (b), above.

(2)

[Where permitted.] Utility grid wind energy systems shall be permitted only in the Agricultural Preservation (AGP) zoning district.

(3)

Minimum setback from property lines.

a.

A utility grid wind energy system shall be located a minimum distance from a lot line or, in the case of a leased area comprised of multiple lots, from the boundary of the lease unit area, equal to one and one-half times the height of the tower, measured from the point of attachment to the ground surface to the top of the turbine blade in its vertical position. The setback distance shall be measured from the tip of the turbine blade extended in a horizontal position to the nearest property boundary.

b.

Ancillary facilities associated with a utility grid wind energy system, including an operations and maintenance building or an electrical substation or other ancillary equipment, shall comply with the minimum setback requirements of the respective zoning district. Overhead transmission lines and power poles shall comply with the setback and placement requirements applicable to public utilities.

(4)

Visual impact. Utility grid wind energy systems shall use tubular towers and all utility grid wind energy systems in a project shall be finished in a single, nonreflective matte finished color. A project shall be constructed using wind energy systems of similar design, size, operation and appearance throughout the project. No lettering, company insignia, advertising, or graphics shall be displayed on any part of the system that is intended to be viewed from outside the lot lines of the lot on which the system is located, or, in the case of a leased area comprised of multiple lots, beyond the boundary of the lease unit area.

(5)

Utilities. Power lines shall be placed underground, when feasible. All above-ground lines, transformers or conductors shall comply with standards published by the avian power line interaction committee to minimize avian mortality.

(6)

Safety. The wind energy system and all ancillary facilities shall be designed to prevent unauthorized access to electrical and mechanical components and shall have access doors that are kept securely locked at all times when service personnel are not present. All spent lubricants and cooling fluids shall be properly and safely removed in a timely manner from the site of the wind energy system. A sign shall be posted near the tower or operations and maintenance office building displaying emergency contact information. Signage placed at the access drive entrance shall warn visitors about the potential danger of falling ice. The minimum vertical blade tip clearance from grade shall be 30 feet for a wind energy system employing a horizontal axis rotor.

(7)

Avian and wildlife impact. The location, design, construction and operation of the wind energy system shall be conducted in a manner that minimizes potential adverse impacts on avian and other wildlife species.

(8)

Shadow flicker. The location, design, construction and operation of the wind energy system shall be conducted in a manner such that there is no shadow flicker impact on any occupied dwelling.

(9)

Decommissioning.

a.

A utility grid wind energy system that is out of service for a continuous period of 12 months shall be deemed to have been abandoned, and the special use permit authorizing the installation of the wind energy system shall be deemed to have expired. Upon the expiration of the special use permit, the wind energy system shall be subject to the decommissioning procedures and requirements contained in this subsection.

b.

The zoning administrator shall issue a notice of abandonment to the owner of a wind energy system that is deemed to have been abandoned. The zoning administrator shall withdraw the notice of abandonment if the planning commission, upon submittal of a request by the wind energy system owner, approves an extension of the special use permit, upon a showing of hardship conditions by the applicant. Efforts to operate the system must be shown to have been active and consistent through the time period involved.

c.

The owner of a wind energy system shall provide the zoning administrator with a written notice of termination of operations if the operation of a wind energy system is terminated.

d.

Within eight months of receipt of notice of abandonment or within eight months of providing notice of termination of operations, the owner of a wind energy system must:

1.

Remove all wind turbines, aboveground improvements, and outdoor storage; and

2.

Remove all foundations, pads, and underground electrical wires to a depth of four feet below the surface of the ground; and

3.

Remove all hazardous material from the property and dispose of the hazardous material in accordance with federal and state law.

(10)

Electromagnetic interference. No utility grid wind energy system shall be installed in any location where its proximity to existing fixed broadcast, retransmission, or reception antennas for radio, television, or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception unless the applicant provides a replacement signal to the affected party that will restore reception to at least the level present before operation of the wind energy system. No utility grid wind energy system shall be installed in any location within the line of sight of an existing microwave communications link where operation of the wind energy system is likely to produce electromagnetic interference in the link's operation unless the interference is insignificant.

(11)

Plan requirements. In addition to complying with the special use permit application requirements contained in article XXI , the application shall include the following information:

a.

Proof of the applicant's public liability insurance for the project.

b.

A copy of that portion of all the applicant's lease(s) with the land owner(s) granting authority to install the anemometer tower and/or utility grid wind energy system; legal description of the property(ies), lease unit(s); and the site plan shows the boundaries of the leases as well as the boundaries of the lease unit boundary.

c.

The phases or parts of construction, with a construction schedule.

d.

The project area boundaries.

e.

The location, height, and dimensions of all existing and proposed structures and fencing.

f.

The location, grades, and dimensions of all temporary and permanent on-site and access drives from the nearest street.

g.

All new infrastructure above ground related to the project.

h.

A copy of manufacturers' material safety data sheet(s) which shall include the type and quantity of all materials used in the operation of all equipment including, but not limited to, all lubricants and coolants.

i.

A copy of a noise modeling and analysis report, which includes identification of the types and proposed locations of all noise-generating equipment associated with the proposed wind energy system, and documentation that the sound pressure levels emitted by the wind energy system will not exceed the limits contained in this section. The noise modeling and analysis shall conform to standard 61400 of the International Electrotechnical Commission (IEC 61400) and standard 9613 of the International Organization for Standardization (ISO 9613). After installation of the utility grid wind energy system, sound pressure level measurements shall be done by a third party, qualified professional according to the procedures in the most current version of American National Standards Institute (ANSI), SI2.18. All sound pressure levels shall be measured with a sound meter that meets or exceeds the most current version of ANSI S1.4 specifications a Type II sound meter. Documentation of the sound pressure level measurements shall be provided to the township within 60 days of the commercial operation of the project.

j.

A visual impact simulation depicting the projected view of the proposed system, from a minimum of four vantage points. The vantage points selected for the simulation shall be subject to review and approval by the planning commission.

k.

A copy of an environment impact analysis by a third party qualified professional to identify and assess any potential impacts on the natural environment including, but not limited to, wetlands and other fragile ecosystems, historical and cultural sites, and antiquities. The applicant shall take appropriate measures to minimize, eliminate or mitigate adverse impacts identified in the analysis, and shall show those measures on the site plan. The applicant shall identify and evaluate the significance of any net effects or concerns that will remain after mitigation efforts.

l.

A copy of an avian and wildlife impact analysis by a third party qualified professional to identify and assess any potential impacts on wildlife and endangered species. The applicant shall take appropriate measures to minimize, eliminate or mitigate adverse impacts identified in the analysis, and shall show those measures on the site plan. The applicant shall identify and evaluate the significance of any net effects or concerns that will remain after mitigation efforts. (Sites requiring special scrutiny include wildlife refuges, other areas where birds are highly concentrated, bat hibernacula, wooded ridgetops that attract wildlife, sites that are frequented by federally and/or state listed endangered species of birds and bats, significant bird migration pathways, and areas that have landscape features known to attract large numbers of raptors. At a minimum, the analysis should include a thorough review of existing information regarding species and potential habitats in the vicinity of the project area. Where appropriate, surveys for bats, raptors, and general avian use should be conducted. The analysis shall include the potential effects on species listed under the federal Endangered Species Act and Michigan's Endangered Species Protection Law. The analysis shall indicate whether a postconstruction wildlife mortality study will be conducted and, if not, the reasons why such a study does not need to be conducted.)

m.

A copy of a shadow flicker analysis at occupied structures to identify the locations of shadow flicker that may be caused by the project and the expected durations of the flicker at these locations from sunrise to sunset over the course of a year. The site plan shall identify problem areas where shadow flicker may affect the occupants of the structures and show measures that shall be taken to eliminate or mitigate the problems.

n.

A proposed site restoration plan which includes all the information required by article XXII, setting forth a plan for restoration of the project site after completion of the project, along with the following additional supporting documentation:

(i)

The anticipated life of the project.

(ii)

The anticipated manner in which the project will be decommissioned and the site restored at the end of the useful life of the project.

(iii)

An estimate, in current dollars, of the estimated cost, net of salvage value, of decommissioning the wind energy system at the end of its useful life, and a detailed description of the method of arriving at the estimate. The estimated cost of decommissioning shall be subject to review and acceptance by the planning commission.

(iv)

The form of financial guarantee that will be pledged to the township, to ensure that funds in the amount of the accepted decommissioning cost estimate will be available for decommissioning and restoration in conformance with this section. The financial guarantee may be in the form of a performance bond, surety bond, cash held in an escrow account, an irrevocable bank letter of credit, or other financial assurance acceptable to the township.

o.

A description of the complaint resolution process developed by the applicant to resolve complaints from nearby residents concerning the construction or operation of the project. The process may use an independent mediator or arbitrator and shall include a time limit for acting on a complaint. The process shall not preclude the township from acting on a complaint. During construction the applicant shall maintain and make available to nearby residents a telephone number where a project representative can be reached during normal business hours.

(Ord. No. O-062810-1, § 2, 6-28-2010)