The district will be established only upon application for rezoning of property for a unique use. The district and the regulations hereunder reflect the fact that certain uses cause or have the potential to cause unique problems of land use management so as to require the special attention and review.

(Ord. No. O-042682-1, § 15.01, 4-26-1982)

Only property zoned as AG agricultural district on the zoning map shall be eligible for rezoning to unique use district.

(Ord. No. O-042682-1, § 15.02, 4-26-1982)

In the unique use district, no land or buildings shall be used, and no buildings shall be erected for any use other than:

(1)

Sanitary landfills when authorized as a special use by the township board. In considering such authorization, the planning commission and the township board shall apply the requirements of article XXI of this chapter, article XXII of this chapter and the following requirements:

a.

The landfill shall be located on a parcel of land of not less than 20 acres.

b.

All buildings and structures shall be removed upon the completion of the landfill operation.

c.

The parcel shall be enclosed by a fence at least six feet in height which will contain all windblown debris.

d.

No burning of waste material shall be allowed without a permit from the department of natural resources.

e.

There shall be a landscaped buffer of a minimum width of 20 feet consisting of deciduous or evergreen trees which reach a minimum of five feet in height in one growing season.

f.

The landfill shall meet all requirements of Public Act No. 451 of 1994, § 11501 et seq. (MCL 324.11501 et seq., MSA 13A.11501 et seq.), and other state, county and local requirements as are applicable.

g.

Once the landfill operation is completed, the land shall be graded to such contours as are suitable for other uses and shall be planted with ground cover.

h.

All traffic generated by the operation shall be directed away from residential areas.

(2)

Removal and processing of topsoil, stone, rock, sand, gravel, lime or other soil or mineral resources when authorized as a special use by the township board. In considering such authorization, the planning commission and the township board shall apply the requirements of article XXI of this chapter and article XXII of this chapter and shall not approve the use unless it satisfies all of the following requirements:

a.

The size of the property from which such topsoil, sand, gravel, or other such materials will be removed shall be no less than 80 acres.

b.

The maximum amount of topsoil, sand, gravel or other such materials which is to be removed shall be established in advance.

c.

The removal shall not adversely affect adjoining property.

d.

The removal shall not cause a safety hazard, create erosion problems, or alter the groundwater table.

e.

Such removal shall not cause the creation of sand blows, stagnant water pools, or swampy areas.

f.

An environmental impact statement addressing, in detail, the effect of such removal on the environment and the natural topography, and the potential destruction of any natural resources shall be submitted at the time of application.

g.

Such removal shall not cause potential traffic congestion and other traffic problems because of trucks or other vehicles or means utilized to haul and transport the materials removed.

h.

Any change of the natural contour of the land, both during mining operations and at the time of abandonment, shall be maintained so as not to be dangerous to persons within the area of activity.

i.

No storage or truck parking shall be located within 200 feet of any adjacent residences or within 50 feet of any other adjacent property.

j.

The premises shall be screened with a wire fence or uniformly painted wood fence at least six feet in height, with evergreen plantings on any exterior side adjacent to residentially zoned property.

k.

No part of the operation or removal shall take place closer than 200 feet from the nearest property lines.

l.

After the natural resources have been removed, the property shall be restored by the replacement of topsoil where feasible; and all excavations shall be sloped to a gradient with not more than a 30-degree slope and the contour be caused to blend as nearly as possible with the natural surroundings. The excavation area shall be planted with a suitable ground cover sufficient to prevent erosion.

m.

All traffic generated by the operation shall be directed away from residential areas.

n.

The township board may require such performance bond or other guarantee as deemed necessary to ensure that requirements of this chapter are fulfilled, and may revoke permission to operate at any time if specified conditions are not maintained.

o.

The applicant shall secure all necessary permits from county, state and federal authorities.

Topsoil and sand (not to exceed 500 cubic yards) may be removed from a lot without rezoning to unique use district when necessary and clearly incidental to erecting or constructing a building on the lot, and such topsoil or sand may be moved from one part of a lot to another part if such action will not cause, or be likely to cause, sand blows, stagnant water pools, bogs or possible future injury to adjoining properties; provided there is compliance with all other requirements of this chapter.

(Ord. No. O-042682-1, § 15.03, 4-26-1982)

The procedure for obtaining permission to use property in the unique district shall be as follows:

(1)

Pursuant to article I of this chapter, an application for rezoning to unique use district shall be filed. Such application shall be accompanied by an application for special land use pursuant to article XXI of this chapter for the specific unique use requested.

(2)

The rezoning request shall proceed pursuant to the requirements of article I of this chapter; the planning commission shall hold a public hearing on the rezoning request.

(3)

The special land use request shall proceed pursuant to the requirements of article XXI of this chapter except:

a.

The township board shall hold the public hearing on the special land use and deny, approve or approve with conditions as set forth in section 78-492 and section 78-494.

b.

Review and recommendations by the planning commission concerning the special land use shall be advisory to the township board. The planning commission is not required to hold a public hearing on the special land use request.

(Ord. No. O-042682-1, § 15.04, 4-26-1982)