Multiple family dwellings, townhouse dwellings, attached condominium dwellings, and mobile homes in mobile home parks are permitted any combination of dogs and cats up to a maximum of two animals per dwelling unit.

All other dwellings are permitted any and all of the following domesticated animals on each lot, with no minimum lot area up to two acres in area are permitted up to four of any combination of the following animals:

In addition to the above, for each additional acre or fraction thereof over two acres the following animals are permitted:

Animal raising.

Any lot one acre or less in area located in the Agricultural district is permitted the following farm animals:

For each additional acre of lot area or fraction thereof;

Animal raising-Animal husbandry and the keeping of farm animals accessory to farms or dwellings shall be permitted in accordance with usual and customary farming practices. The minimum lot size for the keeping or raising of any farm animals in excess of the limits of Subsection A or B above shall be five acres in accordance with usual, customary and best management farming practices.

A gas station shall be located on a parcel which abuts a collector or arterial street. The parcel shall have at least 200 feet of frontage for each abutting street as measured along the front lot line of the abutting street.

No more than two gas stations shall be located at any street intersection in order to reduce the number of driveways and turning movements and to minimize the potential for vehicle accidents. The minimum distance between gas stations not located at the same intersection shall be a minimum of 500 feet.

A gas station shall be located at least 400 feet from an existing school, park, playground, museum, or place of public assembly.

Gasoline pumps and pump islands shall not be located within the required building setbacks.

Canopies shall comply with the following requirements:

Vehicle parking spaces at the pump island may be counted as part of the required parking spaces.

All on-site activities except those to be performed at the fuel pumps must be performed within a completely enclosed building.

If the gas station provides vehicle towing services, the tow truck, if kept on site, shall be located indoors or if parked outside it shall be screened by a fence, wall or landscaping at least six feet in height or located so it is screened from public view. Vehicles for service may be stored on a temporary basis only, not to exceed five days.

Merchandise offered for sale may be displayed adjacent to the gasoline pump islands and canopy supports but shall otherwise comply with § 470-16.06A herein.

The minimum distance from the building to an existing school, park, playground, or place of public assembly shall not be less than 200 feet as measured from the service building to the property line of the parcel containing the existing school, park, playground, or place of public assembly.

Outdoor storage of rental trucks or trailers, trash or refuse, stacks of tires or other merchandise must be screened by a wall or fence at least six feet in height.

If the use provides vehicle towing services the tow truck, if kept on site, shall be located indoors or if parked outside it shall be screened by a fence, wall or landscaping at least six feet in height or located so it is screened from public view. Wrecked or abandoned vehicles may be stored on a temporary basis only in the same type of screened area.

Access must be from a paved publicly-maintained arterial road which does not transverse any residential area in connecting to an arterial.

Parking areas must be surfaced with bituminous asphalt or concrete unless waived by the Planning Commission.

Drainage plan is required.

Repair and servicing of vehicles must be conducted within a completely enclosed building.

Perimeter screening is required on all property lines.

All side and rear setback areas must be screened by a 10 feet wide greenbelt. See definition of greenbelt - § 470-32.08.

No vehicles shall be parked or displayed within 25 feet of any street right-of-way.

Flags, pennants, banners, posters, string lights, or other promotional devices are prohibited.

Any and all fencing is considered an accessory use and all fences must be constructed with materials to match the principal structure. If there is no principal structure, all fencing materials shall be consistent with the general building material standards of the neighborhood.

Vehicle wash establishments that offer the retail sale of fuel, shall also comply with the provisions of § 470-23.03A, automobile service stations.

All washing activities must be within a building.

Vacuuming activities, if outdoors, shall be at least 100 feet from any lot line adjoining a residential zoning district.

The vehicular exit from the building shall be at least 75 feet from the driveway egress.

Sufficient space shall be provided on site so queuing vehicles do not extend into the public street.

Minimum area of a drive-in theater site is to be 10 acres, with direct access from an arterial road.

Projection screens and parking areas shall be at least 100 feet from any street and 300 feet from any residential property. The face of any projection screen may not be visible from any street within a distance of 1,000 feet.

All areas used by vehicles must be provided with a paved bituminous surface. Drives and aisles are to be adequately lighted whenever used and shall not produce glare onto adjoining properties and streets.

Individual loudspeakers for each car must be provided. There may be no central loudspeaker.

Entrances, exits, and access points are to be visible for 500 feet on the street where they are located and separated by at least 150 feet. At least two access drives must be provided; where two or more such drives open on the same street, acceleration and deceleration lanes 10 feet wide and 500 feet long are to be provided adjacent to such streets. Access drives shall be laid out so as to avoid left turns across oncoming lanes as much as possible.

Ticket gates or booths must be set back sufficiently from the street to allow reserve space off the street for waiting cars equal to 15% of the theater's capacity. One ticket gate or booth must be provided for each 30 car capacity.

Screening is required within 100 feet of any residentially zoned property, particularly at points along access roads or at the end of such roads where screening of automobile headlight glare is necessary to protect adjacent residents or uses.

Food concessions are to be at least 500 feet from any residentially zoned property.

Access must be such that vehicles patronizing the use will not interfere with normal traffic on a street, parking lot driveway, or loading access drive.

Waiting areas for any terminal or intercom system must be sufficient to assure that roads, sidewalks, or other public access routes will not be obstructed by waiting automobiles at any time.

Year around screening of the drive-up window and waiting areas for any terminal or intercom must be provided.

Access must be from a street with ingress and egress so designed as to minimize traffic congestion.

All sides of the site must be adequately screened with a masonry wall or evergreen trimmed hedge at least three feet in height. A permanently maintained planting strip at least 20 feet in width must be provided along all property lines abutting any residentially zoned land.

Access must be from a collector or arterial street, except that the Planning Commission may approve a secondary access point which is not from such a street.

The minimum site area is two acres with a minimum lot width of 200 feet.

The following uses are permitted as accessory uses of any church facility provided they are located on the same parcel as the church facility: parsonage, convent or rectory, playgrounds, non-lighted athletic fields, providing meals for homeless or needy persons and services or programs designed to assist homeless or needy persons such as counseling, job skill training, life management, self-help, religious, or other programs and other uses which the Zoning Administrator deems to be similar.

The following uses may be conducted in conjunction with a church facility when located on the same parcel as the church facility and when specifically authorized as special land use by the Planning Commission in accordance with the requirements of Article 20 of this chapter.

In a development that is less than 50 acres in size; recreational facilities should generally be centrally located within the development. In a development that is 50 acres or more in size, there should be more than one recreational facility area, and such facilities should be decentralized with at least one recreational facility area being at least 2/3 of the total required area.

For a development designed to accommodate more than 200 people, the recreational facilities shall include indoor facilities to accommodate uses such as tennis, basketball, swimming, jogging, or similar uses.

As an alternative to the individual recreational facilities required in Subsection A(1) or (2) above, a development may participate with one or more other developments to construct, expand or enhance recreational facilities that will be shared by the participating developments. The size of the joint recreational facilities must equal a minimum of 8% of the required 35% of the total required open space for all of the participating developments combined. [For example, if two developments create a joint recreational facility and if one development is 25 acres in net lot area and the other is 75 acres in net lot area, the joint facility must be a minimum of 2.8 acres in size (Total net lot area of the two development combined is 100 acres. 35% of 100 acres is 35 acres. Eight percent of 35 acres is 2.8 acres.)] The participating developments shall transfer ownership of the joint recreational facilities to a property owners association.

Significant natural features including but not limited to mature trees, natural slopes, wetlands or other bodies of water, shall be preserved.

The development (or all of the developments creating a joint facility) must enter into a recreational facility maintenance agreement that includes the means of financing the maintenance of the facilities, which agreement shall be subject to the review and approval of the Township Planning Commission. The agreement shall provide the Township with the authority, but not the obligation, to undertake the necessary maintenance of the recreational facilities and assess the cost of such maintenance against the property owners in the event the joint recreational facilities are determined by the Township to be inadequately maintained or a public nuisance.

The recreational facilities must be accessible by pedestrian traffic, by way of non-motorized walkways, and by vehicles with adequate parking in compliance with the parking regulations set forth in Article 21 of Chapter 470, Zoning, of the Township Code.

The medical use of marihuana shall comply at all times and in all circumstances with the MMMA and General Rules, as they may be amended from time to time.

A registered primary caregiver must be located outside of a 1,000-foot radius from any school, including any day care home, to insure community compliance with federal "drug free school zone" requirements.

Not more than one registered primary caregiver shall be permitted to service qualifying patients from a dwelling unit.

All necessary building, electrical, plumbing and mechanical permits shall be obtained for any portion of dwelling unit in which electrical wiring, lighting or watering that support the cultivation, growing or harvesting of Marihuana are located.

If a room with windows is utilized as a growing location for marihuana, any lighting between the hours of 11:00 p.m. to 7:00 a.m. shall employ shielding methods, without alteration to the exterior of the dwelling unit, to prevent ambient light spillage that may create a distraction for adjacent properties.

That portion of the dwelling unit where energy usage and heat exceeds typical residential use, such as a grow room, and the storage of any chemical such as herbicides, pesticides, and fertilizers shall be subject to inspection and approval by the Fire Department to insure compliance with applicable standards.

The lot shall be open for inspection upon request by the Zoning Administrator, the Fire Department and law enforcement officials for compliance with all applicable laws and rules during the stated hours of operation/use and at such other times as anyone is present on the lot.

The permitted sign for the medical use of marihuana shall not include a pictorial representation, of the product provided at that dwelling unit, nor any references to marihuana, alternate spellings of marijuana or slang terms of marihuana, nor any references to or pictorial representations of drug paraphernalia (as defined in Township Ordinance No. 434, as amended or restated from time to time).

Excavation approved and conducted or administered by a governmental body in conjunction with the installation or maintenance of publicly owned or publicly operated utilities, drainage facilities, roads, or other publicly owned or operated improvements, where the excavation is limited solely to the public utility or improvement.

Excavation and removal of minerals which are necessary to prepare a site for the use authorized by a building permit, zoning permit, or other permit issued by Allendale Township. In order for such mineral mining activity to be exempt it shall be completed within one year of the date of commencing the mining activity for each phase of the proposed development, and shall not result in the excavated minerals being stored on site beyond the project completion date.

Excavation and removal of minerals in conjunction with bonafide farming operations conducted in accordance with generally accepted agricultural management practices, including agricultural drainage work incidental to farming operations and irrigation or stock watering ponds. If 5,000 or more cubic yards of minerals are proposed to be removed from the mining site, unless the removal is for the purpose of an irrigation or stock watering pond, then the operation shall be considered to be a mineral mining activity and a special use permit shall be required to be obtained in accordance with the provisions of this § 470-23.08. In order for an extraction and removal from the site of mineral material of less than 5,000 cubic yards to be exempt from the provisions of this section, such excavation and removal must be complete in and of itself; it shall not, constitute only a part, portion or phase of some other larger, different, or recurring mineral removal operation, plan or activity. An applicant shall not repeat or combine successive removal operations of less than 5,000 cubic yards or less from the same parcel for the purpose of removing a larger total quantity of mineral material.

The mining activity is proposed to remove less than 5,000 cubic yards of minerals and the mining activity is proposed to last no more than one year from the issuance date of the mining permit.

If a dwelling unit is located within 300 feet of the limits of the excavation (not property lines) the proposed mining operation shall be required to obtain a special use permit in accordance with the provisions of § 470-23.08. However, if all owners of property and residents within 300 feet of the limits of the excavation do not object to the mining operation by submitting this statement in writing to the Zoning Administrator then the Zoning Administrator may review the mining request in accordance with the provisions of this § 470-23.08E.

For mining activities which are to be reviewed by the Zoning Administrator the applicant for the mining permit shall submit an application per the requirements of § 470-23.08F along with a fee and escrow amount as may be required by the Township Board.

An accurate to-scale drawing of the property to be mined illustrating the following information shall be submitted with the application:

The drawing shall be reviewed by the Zoning Administrator who may consult with the Township Engineer. The Zoning Administrator and Engineer if requested by the Administrator shall also conduct an inspection of the property to determine the accuracy of the drawing and to assess the impact of the proposed mining operation on nearby properties and residents. Based on the inspection the Zoning Administrator may require changes to the drawing and impose conditions in order to insure that the impact of the mining operation is minimized.

The mining operating shall comply with the requirements of § 470-23.08F(4) except that the Zoning Administrator may waive certain requirements if the requirement would not serve the intended purpose or if a modification of the requirement would still meet the intended purpose. In considering such modification or waiver the Zoning Administrator shall meet the intended purpose. In considering such modification or waiver the Zoning Administrator shall consider the standards of § 470-23.08G(2).

In order to approve an application the Zoning Administrator must determine that the mining operation will not have a detrimental effect on neighboring residents and properties based on the duration of the operation and the expected noise, dust, truck movements and other aspects of the mining operation and that the land will be restored following the mining activity so it is suitable for uses allowed in that zoning district or as recommended in the Township Master Plan.

The Zoning Administrator may refer such application to the Planning Commission for a decision in which case the application shall be processed as a special use permit in accordance with all of the requirements of § 470-23.08F below.

Application requirements. An application for a special land use for mineral removal shall include the following:

Site plan requirements. Eight copies of the following site plans shall be submitted to the Township Clerk drawn at a scale not exceeding 1"=100' if the site is less than 50 acres and 1"=200' if the site is 50 acres or more. The plans shall be sealed by a registered civil engineer, landscape architect or registered land surveyor.

Additional information required.

Operating and site reclamation conditions. All mineral mining activities which are approved for a special land use shall comply with all of the following conditions:

Commission review. Upon submission of a complete application and following the public hearing required by Article 20 the Planning Commission shall review the application and determine whether to approve, deny or approve the application with conditions. In its review of the application, the Planning Commission shall consider, among other matters, the intent and purposes of this section, compliance with the requirements of § 470-23.08F(4) and the special land use approval standards of § 470-20.03 herein.

Standards.

Conditions. The Planning Commission may require compliance with such other conditions as may be necessary to insure compliance with the terms of this chapter. Such conditions may include, through need not be limited to, weed controls, erosion and sedimentation controls, fencing and visual screening, requirements for groundwater monitoring wells, preservation of trees and other vegetation and fuel loading and storage requirements.

Duration. An approval granted by the Planning Commission shall be valid for a period of up to five years beginning on the date of approval of the special land use by the Planning Commission.

Letter of credit or performance bond.

Annual review.

Inspections. The mineral mining activity shall be subject to periodic inspections by the Township Engineer to determine that the mining activity is proceeding in accordance with the conditions of the approved site plan and special land use.

Upon the expiration of the mineral mining special land use permit the applicant shall provide to the Township Zoning Administrator a certification from a registered civil engineer, landscape architect or registered land surveyor that the site has been restored in conformance with the approved reclamation plan and may consult with the Township Engineer. Any costs incurred by the Township for such engineering services shall be paid for by the applicant.

If the reclamation of the site is determined to comply with the approved reclamation plan the Zoning Administrator shall issue a letter of approval to the applicant and void the letter of credit or performance bond as required by § 470-23.08G(5) herein.

If the reclamation of the site is not in accordance with the approved reclamation plan the Zoning Administrator shall require the applicant to take the necessary measures to achieve compliance or the Zoning Administrator shall have the right to use the security proceeds to the extent necessary to reclaim the property and to comply with all other ordinance requirements. The applicant may request approval from the Planning Commission for a modification of the reclamation plan.

The Commission may approve the modification if it determines that the proposed modification substantially complies with the approved reclamation plan or that circumstances relating to the physical features of the site prevented compliance with the approved reclamation plan but that the modified reclamation plan still allows the site to be used in accordance with the uses recommended by the Township Master Plan.

The applicant or operator shall file an application for renewal of the special land use, prior to the expiration of any annual or other increment in which excavation and removal operations are permitted under the terms of the special use.

Prior to consideration of an application for removal, the Township Engineer or other designated Township official shall inspect the land to determine compliance with the mineral mining activities to date and shall submit a report to the Township Planning Commission.

Upon receiving the completed application for renewal, including the report of the Township Engineer, the Township Planning Commission shall approve, disapprove or approve with conditions the requested renewal. All payments to the Township of any required mineral removal surveillance, escrow or administration fee shall be current as a condition of renewal.

In determining whether to approve a renewal of the special land use, the Township Planning Commission shall apply the standards and conditions for approval that are then in effect and that are applicable to original special land uses under this section, taking into consideration current land use conditions in the vicinity, the operational history under the special land use and any complaints, comments or other information that have been received concerning the uses and operations there under and the report of the Township Engineer.

The consideration of any such renewal shall take place at a public hearing with public notice given in the same manner and to the same extent as that required for an original granting of a special land use.

In approving a renewal of the special land use, the Planning Commission may include terms and conditions which are in addition to or different from those specified in the original special land use or in a previous renewal thereof.

Specific location of the facility shown on a vicinity map.

Location of public roadways, habitable structures, and places of public use on the site and other properties influenced by the project.

Legal description and site boundaries.

Means of limiting access including fencing, gates, natural barriers, or other methods.

Details of the method of treating or disposing of liquid waste resulting from operation of the facility.

Location of all structures and equipment.

Detailed description of appurtenances and procedures intended to handle heavy or bulky items, store refuse beyond the end of the working day, and control dust, odors, and fire.

Location of existing proposed utilities available to the site.

Method of final reduction such as compacting, grinding, shredding, compression, or tamping equipment.

Daily clean-up procedures.

Other details necessary as required by the Planning Commission.

Access must be directly from a collector or arterial street.

The use must be developed so as to minimize noise, glare, dust, and other emissions and the applicant is to submit a statement on methods of maintenance of the grounds and facility to assure continued conformance with such standards.

Where the Planning Commission determines that any proposed facilities are intended to satisfy a recently-generated demand which is not proven to be of a long-term nature, such facilities may be required to be constructed in a manner which facilitates dismantling and removal.

Where a vehicular amusement facility is proposed, the applicant is to submit a drainage plan for review and approval by the Township Engineer.

Access must be from collector or larger street without creating traffic congestion on streets through residential areas.

For any boat facility, sites are to include at least 150 feet of water frontage and at least three acres in area, but these requirements may be adjusted by the Planning Commission in a particular case as indicated by other standards in this section, or where special conditions of the waterfront area are found to exist.

Commercial launching ramps, boat repair facilities, for sale of boating supplies and fuel, and parking areas and areas for boat storage on land are to be located at least 150 feet from any residential or residentially-related use.

Any athletic facility is to have a minimum building site of at least one acre.

The proposed site is to have access directly from a collector to arterial street.

Swimming clubs or swimming pools other than swimming pools accessory to a residence are to be set back as follows, except where a property line is on a natural waterway:

Golf driving ranges. Facilities designed for driving of golf balls are subject to the following standards:

Golf courses. Golf courses, including accessory club house and restaurant uses, are subject to the following (see Subsection C(6) below for setbacks):

Other athletic facilities. All athletic facilities are to comply with the following minimum setback requirements, except where a property line is on a natural perennial waterway. The main and accessory building shall be setback at least 75 feet from any property line.

Lighting and loudspeakers. If an athletic or recreational facility is equipped with either outdoor lighting or public speaker system, then the setback from adjoining properties shall be as follows:

Bowling alley, indoor tennis courts, indoor skating rinks, indoor theaters, and auditoriums.

The facility shall be located no closer than 1,500 feet to any other state licensed facility, except that this section shall not apply to any state licensed facility caring for three persons or less.

The Planning Commission may approve additional facilities within 1,500 feet of another provided that such additional facilities would not contribute to an excessive concentration of such facilities within a particular neighborhood.

In any residential or agricultural district, a resident of any dwelling may operate a family day-care home provided that the facility is licensed or registered by the Department of Social Services as a family day-care home.

In any residential or agricultural zone, a resident of any dwelling may provide day care to up to 12 preschool children if the following conditions are met:

All lots shall have frontage on a public street right-of-way or private road easement.

A private road shall be located within a private road easement. This easement shall be at least 66 feet in width.

A private road shall be connected to and extend from a public street right-of-way either directly or via other private roads.

A private road shall be given a name which is different from any other private road or public street within Ottawa County. Written approval for the name shall be obtained from the Allendale Charter Township Fire Chief.

A street sign bearing the approved name shall be erected and maintained by the owner of the proposed private road at each location where a private road connects to and extends from the public street or another private road. Street signs and traffic control signs where the private road meets a public street shall comply with and be installed in accordance with Ottawa County Road Commission standards and specifications. This provision shall also apply to existing private roads where such a street sign shall be erected by the current owner of the private road on or before February 13, 1995.

An existing private road constructed prior to February 13, 1995 and any private road constructed after that date may be reconstructed, extended, maintained, improved or relocated only in accordance with the standards and requirements of this chapter.

Private roads are permitted only in the AG Agricultural and Rural Districts, Rural Estate Districts, R-1 through R-4 Residential Districts, and as approved in PUD Planned Unit Development Districts.

The owner of a proposed private road shall provide to the Zoning Administrator a maintenance and access agreement in recordable form which provides for the necessary maintenance, repair, improvement and reconstruction of the private road. At a minimum, this agreement shall contain the following provisions:

Public water service shall be provided to all lots which are accessed by a private road, according to the requirements of § 405-23A(7) of Chapter 405, Subdivision of Land of the Allendale Charter Township Code, as amended, except for lots which are accessed by a private road with an average area of 2 1/2 acres or more.

Where a private road terminates in a dead end, a paved cul-de-sac may be required by the Planning Commission. The road easement shall widen to accommodate the cul-de-sac with a minimum diameter paved surface in accordance with the current Ottawa County Road Commission Standards and Specifications for Plat, Condominium and Public Road Development.

A private road is required to be paved and shall be constructed in accordance with the current Ottawa County Road Commission Standards and Specifications for Plat, Condominium and Public Road Development. The Planning Commission may require additional thickness, stronger materials or other necessary road improvements to adequately accommodate local surface and subsurface conditions.

The minimum width of the paved surface shall be as follows:

After a review by and written approval obtained from the Ottawa County Drain Commission, a private road shall be constructed in a manner to provide effective stormwater drainage and to prevent run-off onto adjacent property. If a private road crosses a natural drainage course or easement, stream or other natural body of water, a bridge, culvert or other structure permitting the flow of water under the private road shall be constructed in accordance with applicable Ottawa County Road Commission and Michigan Department of Transportation requirements.

A private road shall not exceed a grade of 7%, provided that within 50 feet of any private road or public street intersection, the grade shall not exceed 4%.

A driveway permit shall be obtained from the Ottawa County Road Commission for the private road.

A private road shall be located within a private road easement of not less than 30 feet in width. The private road shall be constructed with a sand and gravel base of not less than 18 inches in depth of which not less than six inches in depth shall be only gravel. The private road may be paved in accordance to § 470-23.12B of this chapter. The Planning Commission may require additional thickness, stronger materials or other necessary road improvements to adequately accommodate local surface and subsurface conditions.

Where a private road terminates in a dead end, a cul-de-sac shall be required by the Planning Commission. The road easement shall widen to a minimum diameter of at least 100 feet to accommodate the cul-de-sac with a minimum diameter road bed surface of at least 80 feet.

The private road shall have a road bed of not less than 20 feet in width for its entire length, except for that area where a cul-de-sac is required pursuant to Subsection C(2) above.

A private road shall serve no more than five lots and each lot shall be no less than 10 acres in area.

The private road shall comply with the provisions of § 470-23.12B(4), (5) and (6) above but shall be exempt from the provisions of § 470-23.12B(1), (2) and (3).

Permit application and fee.

Review of application. The application for a special use permit for a private road shall be reviewed and acted upon in accordance with the procedures specified in Article 20 for special use permits.

The lot must be at a minimum 10 acres in size.

The soils of the lot must be generally unsuitable for on-site septic systems, i.e., not capable of naturally supporting the maximum density residential development allowed within the district; and not suitable for agricultural use, or cultivation has not occurred within the last three calendar years prior to the special use request. As such, the general requirement that a special use must be in conjunction with farming operations in this district is hereby expressly waived. No lot shall be found to be unsuitable for farming purposes if the property has been or currently is subject to a development rights agreement with the State of Michigan pursuant to PA 116 of 1974, as amended.

The lot must not be currently included in a plan adopted by the Township to provide water and sewer service to the lot.

The lot must have direct access to a public street.

Parking of recreational vehicles shall not be less than 400 feet from any residential district.

There shall be no sales, rentals, repairs, or habitation of any recreation vehicle or any other use of the recreation vehicle storage yard except as a temporary storage yard for recreational vehicles when they are not in use.

No temporary or permanent building or structure shall be erected or permitted on the lot while it continues to be used as a recreational vehicle storage yard including, but not limited to the installation of concrete slabs, bituminous pavement or lighting.

Driveways internal to the recreation vehicle storage yard shall be graded and the surface improved by a permeable gravel layer to ensure appropriate drainage and dust free conditions at the site.

A tie-down or anchor system shall be installed in a manner that complies with the manufacturer's specifications.

When installed, there shall be no exposed tongue assembly or towing mechanism, no exposed wheels, and no exposed undercarriage.

Mobile homes shall comply with the 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 on the property.

To violate the guarantees of the First Amendment to the United States Constitution or Article I, Section 5 of the Michigan Constitution of 1963;

To deny adults access to sexually oriented businesses and their products;

To deny sexually oriented businesses access to their intended market; or

To legitimize activities which are prohibited by Township ordinance, state or federal law. The Township further states that it would have passed and adopted what might remain of this section following the removal, reduction or revision of any portion of this section found to be invalid or unconstitutional.

No sexually oriented business shall be located on a parcel that is within 1,000 feet of the boundary of any land zoned R-1, R-2, R-3, R-4, and R-5, or approved as a planned unit development for residential purposes. For purposes of this Subsection D(1) and Subsection D(2) below, the distance between a proposed sexually oriented business and the boundary of any land zoned R-1, R-2, R-3, R-4 or R-5, or approved as a planned unit development for residential purposes, or land used for any single or multiple family residence, Township, county or state park, school, library, licensed childcare facility, playground, church or place of worship, shall be measured in a straight line from the nearest property line of the parcel of land upon which the proposed sexually oriented business is to be located to the nearest boundary of the land zoned R-1, R-2, R-3, R-4 or R-5, or approved as a planned unit development for residential purposes, or the nearest property line of multiple family residence, Township, county or state park, school, library, licensed childcare facility, playground, church or place of worship.

No sexually oriented business shall be located on a parcel within 1,000 feet of any single or multiple family residence, any Township, county or state park, any school, library, licensed child care facility, playground, church or place of worship.

No sexually oriented business shall be located within any principal or accessory building or structure already containing another sexually oriented business.

The proposed use shall conform to all requirements of the zoning district in which it is located, except that, notwithstanding any provisions of this chapter to the contrary, an Industrial Service Center containing a sexually oriented business may be permitted within one-half mile from existing commercial services.

The proposed use shall be in compliance with all other ordinances of the Township and with all statutes, laws, rules and regulations of the county, state and federal government and, to the extent required, all governmental approvals have been obtained.

The outdoor storage of garbage and refuse shall be contained, screened from view and located so as not to be visible from neighboring properties or the adjacent right-of-way of a public street or private road.

Any sign or signs proposed for the sexually oriented business shall comply with the provisions of Article 22 of this chapter, and may not otherwise include photographs, silhouettes, drawings, or pictorial representations of specified anatomical areas, specified sexual activities or obscene representations of the human form, and may not include animated or flashing illumination.

Entrances to the proposed sexually oriented business must be posted on both the exterior and interior walls, in a location clearly visible to those entering and exiting the business, and using clearly marked lettering no less than two inches in height stating that:

No product or service for sale or gift, or any picture or other representation of any product or service for sale or gift, shall be displayed so as to be visible by a person of normal visual acuity from the nearest adjoining right-of-way of a public or private road or a neighboring property.

Hours of operation shall be limited to 10:00 AM to 10:00 PM, Monday through Saturday. All sexually oriented business shall remain closed on Sundays and legal holidays.

All off-street parking areas shall comply shall be illuminated after sunset during all hours of operation of the sexually oriented business, and until one hour after the business closes. The illumination shall be designed to provide a minimum level of brightness of one footcandle, with a 3:1 uniformity ratio. The illumination shall not reflect on and shall be screened from adjoining properties.

Any booth, room or cubicle available in any sexually oriented business, except an adult motel, that is used by patrons for the viewing of any entertainment characterized by the showing of specified anatomical areas or specified sexual activities shall:

An application for a special land use permit provided under this section for a Sexually Oriented Business shall be filed with the Zoning Administrator on the proper forms supplied by the Township. An application shall not be deemed complete until all required information and necessary documentation has been provided to the Township by the applicant or the applicant's agents and representatives.

The application shall be accompanied by a site plan as specified in Article 24, and any other data required by the Zoning Administrator indicating how the proposed sexually oriented business will conform to the requirements set forth in § 470-23.15D.

The application shall be accompanied by a legal description of the property, either by metes and bounds or by subdivision lot and block, and a street address.

The application shall be accompanied by a fee to be established by resolution of the Township Board to cover the expense of considering and making a decision on the application.

Notwithstanding any provisions of this chapter to the contrary, a final decision on the special land use application and site plan approval shall be made by the Planning Commission within 75 days of the receipt of the completed application by the Zoning Administrator. The Planning Commission shall base its decision upon the applicant's compliance with the requirements set forth in § 470-23.15D, and the standards set forth in § 470-20.06D, E and F. The decision on the site plan approval shall be made according to the requirements and standards set forth in Article 24 of this chapter.

The Planning Commission may impose reasonable conditions in conjunction with the approval of a special land use permit for a sexually oriented business. The conditions imposed shall be limited to conditions necessary to ensure that the sexually oriented business will not be unreasonably detrimental to the public health, safety, or general welfare of the Township; nor unreasonably injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted; nor unreasonably impede the normal and orderly development and improvement of the surrounding property for uses permitted under Chapter 470, Zoning. The Planning Commission shall incorporate its decision in a statement of conclusions that specify the basis for the decision and any conditions imposed.

These residential open space development provisions are intended to allow variation from normal lot area and width standards for lots in subdivision plats and single-family condominium developments intended for single-family detached dwellings in the Agricultural (AG) and Rural and Rural Estate (RE) zones.

In order for a proposal to be considered eligible for a residential open space development the proposed development must demonstrate that it has natural features or amenities that can be beneficial to those persons who may reside in the development, the Township on behalf of its citizens and residents, and the public at large. If the development lacks these natural features or amenities, an applicant can propose to create such features and/or amenities. These features and amenities can be, but are not limited to, woodlands, steep slopes, ridgelines, wetlands, meadows, farm fields, stream corridors, lakes, structures with historic or aesthetic value, trailways and recreational facilities.

Traditional zoning standards, with their rigid requirements for size and width of lots and placement of dwellings, may be inappropriate for application to many of the rural areas of the Township, and may not best achieve the stated goals of the Township's Master Plan. Goals for the Township which may possibly be better accomplished through the use of the residential open space development provisions include, but are not limited to, all of the following:

Existing or proposed public road right-of-way or private road easements.

Land permanently under water, including minor creeks and County drains.

Area within a regulatory "floodway," as designated by the Federal Emergency Management Agency - see § 19.02.

Any and all areas that are unbuildable because of poor soils, wetlands, steep slopes, etc.

Existing topographic elevations. The comparison plan shall include evidence of written approval by the Ottawa County Environmental Health Department of private wells and/or on-site sewage disposal if public water and/or public sewer are not available to the proposed development.

Minimum development acreage. The minimum gross acreage of any residential open space development shall be 10 acres. The phrase "gross acreage" is defined for purposes of this § 470-23.18 only as the total area of the development site including public rights-of-way and utility and access easements.

Front yard: There shall be a front yard setback of not less than 25 feet.

Side yard: Minimum side yard setback shall be established by the Planning Commission as a condition of approval of a special use permit for a residential open space development, but in no event shall the side yard setback for each side yard be less than 10 feet.

Rear yard: There shall be a rear yard of not less than 40 feet.

Lot area and width:

Maximum density. In the Agricultural and Rural (AG) District, the maximum dwelling unit density in a residential open space development shall be one dwelling unit per net acre. In the Rural Estate (RE) District, the maximum dwelling unit density in a residential open space development shall be equal to the density the Planning Commission determines, as a condition of approval of a special use permit for a residential open space development, after it has considered the comparison plan, could reasonably be developed in conformance with the applicable area regulation for the zoning district in which the subject property is located, plus a density bonus, if applicable, as specified in Subsection D(2), below. The phrase "net acre" is defined for purposes of this § 470-23.18 only as the gross acreage of the development site excluding public rights-of-way and utility and access easements.

Density bonus:

Except as otherwise approved by the Planning Commission, as part of the special use approval no individual area designated as open space shall be less than one acre in size.

Land devoted to public or private street easements or rights-of-way shall not be included in computing the area of open space.

Access to open space areas which are suitable for active or passive use shall be provided from all areas of the development by means of public or private streets or pedestrian access ways. Connections with existing or planned pedestrian/bike paths and adjacent open space, and public land, may be required by the Planning Commission as a condition of approval of the special use permit.

Areas included as open space may be all or in part preserved and protected for the sole benefit, use and enjoyment of residents of the development. Where feasible and appropriate, the location and configuration of open space shall be coordinated with existing and potential open space lands on parcels in the surrounding area, in order to promote and encourage the development of an interconnected system of open space lands in the Township.

As a condition of approval of the special use permit, and prior to the construction of any dwelling unit within the development, the applicant shall be required to establish a property owners' association (or other similar organization acceptable to the Township Planning Commission) of which all residents or occupants of the development shall be required to be become members through appropriate plat or condominium restrictions, covenants, and conditions that run perpetually with the land. The property owners' association must be legally capable of assuming, and shall assume, the ownership of the open space and the obligation to maintain the open space as required by this section. These arrangements and the implementing documentation shall assure that the open space will be protected from all forms of development, except as shown on the approved site plan, and shall never be changed to another use without prior Planning Commission approval. These arrangements and the implementing documentation shall:

All signage, lighting, entryway features, landscaping, building materials for the exterior of all structures, and other features of the development, shall be designed and completed with the objective of achieving an integrated and cohesive development, consistent with the character of the community, surrounding development, and natural features of the area. The Planning Commission may require street or site lighting where appropriate.

Construction of private roads as a means of providing access and circulation is encouraged. Private roadways within the development must meet all requirements of the Township Private Road Ordinance.[1] Significant natural features such as mature trees, natural slopes, wetlands or other water bodies must be preserved. No lots in the open space development may abut on a primary road or major arterial road.

Where private roads are developed, a maintenance plan, including a means of guaranteeing maintenance assessments from the affected property owners, shall be reviewed and approved by the Township Planning Commission.

Both sides of all internal roads shall be landscaped with street trees. For road frontage that abuts individual lots or condominium building sites, a minimum of two canopy trees shall be provided per dwelling. For road frontage that does not abut lots or condominium building sites, one canopy tree shall be provided on each side for every 50 feet of road frontage. For any fraction of road frontage over 50 feet an additional tree must be added. All trees are to be a minimum of two inch caliper at the time of planting. Existing trees to be preserved within five feet of the road right-of-way or easement may be credited towards meeting this requirement.

Pedestrian circulation. Trails within the development may, as a condition of special use approval, be constructed of gravel, woodchip or other similar material, but the Planning Commission may require construction of eight foot wide asphalt bike paths through portions of the development or along any public right-of-way abutting the development. Locations for school bus stops shall be provided on the site plan.

The proposed development complies with all requirements contained in this § 470-23.18.

The development, in comparison to potential development of the property under the conventional district regulations, better achieves the stated goals and objectives of the Township Master Plan and the goals set forth in § 470-23.18A.

Hours of operation, including outdoor animal activity.

The size, nature, character and dog capacity.

The proximity to adjoining properties.

The noise, odor, or other disturbances for adjoining properties and the surrounding neighborhood as a result of the operation.

Summary of operations and the handling of the dogs, including, but not limited to, the number of employees, the number of handlers available to each dog, parking area, signage, and etcetera, any other information that the Planning Commission deems appropriate.

Measures to control sound from within the building and/or site.

Promote the safe, effective, and efficient use of solar, biofuel, anaerobic digesters, and other alternative energies in order to reduce the consumption of fossil fuels in producing electricity.

Preserve and protect public health, safety, welfare, and quality of life by minimizing the potential adverse impacts of solar, biofuel, anaerobic digesters, and other alternative energies.

Establish standards and procedures by which the siting, design, engineering, installation, operation, and maintenance of solar, biofuel, anaerobic digesters, and other alternative energies shall be governed.

(Reserved)

Biofuel.

Anaerobic digesters.

Solar.

(Reserved)

Biofuel.

Anaerobic digesters. An anaerobic digester facility is a permitted special use of property if all of the following requirements are met:

Solar.

Police and fire protection;

Health and sanitation facilities;

Signage;

Medical facilities and services including emergency vehicles and equipment;

Food and water supply facilities;

Vehicle access and parking facilities;

Illumination facilities;

Temporary structures and their purpose;

Noise control and abatement;

Facilities for clean-up and waste disposal; and

An application that provides:

Processed wood products and other non-wood products not permitted by the OWB manufacturer;

Garbage, trash, or other waste material;

Painted or treated wood, particle board, plywood, railroad ties, telephone poles, or pressure treated wood;

Material treated with or containing petroleum products, preservatives, resins, or glue;

Shingles, tires, insulation, wiring, rubber or any type of construction waste;

Gasoline or other petroleum products;

Plastics including, but not limited to, nylon, PVC, ABS, polystyrene or urethane, foam, plastic films, plastic containers and synthetic fabrics;

Leaves or yard waste;

Green wood;

Paper products and cardboard;

Any other material that may cause offensive or noxious odors, smoke, airborne ash, or debris; and

Hazardous substances, including but not limited to batteries, chemicals, pesticides, paints, varnishes, and solvents.