It is the purpose of this article to provide regulations for miscellaneous and other requirements that may or may not apply in all zoning districts.

(Ord. No. 01-20, § 18.141, 2-10-20)

(a)

Intent. The intent of the accessory dwelling unit regulations is to accomplish the following:

(1)

Provide older homeowners with an opportunity to stay more comfortably in homes and neighborhoods they might otherwise be forced to leave.

(2)

Add moderately priced rental units to the housing stock to meet the needs of smaller households and make housing units available to moderate income households.

(3)

Develop housing units in single-family neighborhoods that are appropriate for households at a variety of stages in their life cycle.

(4)

Provide housing units for persons with disabilities.

(5)

Protect stability, the residential character of a neighborhood, and property values.

(b)

Standards of approval.

(1)

The units shall be a separate housekeeping unit and shall not exceed fifty percent (50%) of the floor area of the principal residence.

(2)

Only one (1) accessory dwelling unit shall be permitted on each lot or parcel.

(3)

The owners of the principal residence shall continue to occupy the principal residence.

(4)

The accessory dwelling unit shall be occupied by not more than three (3) persons. These persons must be related to the owners/occupants of the principal residence by blood, marriage, adoption, or guardianship.

(5)

All setback and lot coverage requirements of the district shall be met.

(6)

A minimum of one (1) additional off-street parking space shall be provided for the accessory dwelling unit.

(Ord. No. 01-20, § 18.142, 2-10-20)

(a)

Adult foster care family homes serving six (6) persons or less. A state-licensed adult foster care home, foster family home, or foster family group home serving six (6) persons or less shall be considered a residential use of property and a use permitted by-right in all residential districts.

(b)

Adult foster care small group homes serving seven (7) to twelve (12) persons.

(1)

A site plan prepared in accordance with article VI, site plan review shall be submitted with the special land use application.

(2)

The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located.

(3)

The dwelling unit shall contain a minimum of twelve hundred (1,200) square feet of living space excluding garages, unenclosed porches, and unfinished basements.

(4)

The subject parcel shall be located a minimum of five hundred (500) feet from another adult foster care small group home or a group child-care home.

(5)

One (1) off-street parking space shall be provided for each employee/caregiver.

(6)

Appropriate licenses with the State of Michigan shall be maintained.

(c)

Adult foster care large group homes serving thirteen (13) to twenty (20) persons.

(1)

A site plan prepared in accordance with article VI, site plan review shall be submitted with the special land use application.

(2)

The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located.

(3)

One (1) off-street parking space shall be provided for each employee/caregiver.

(4)

Appropriate licenses with the State of Michigan shall be maintained.

(d)

Adult foster care congregate facilities serving more than twenty (20) persons.

(1)

A site plan prepared in accordance with article VI, site plan review shall be submitted with the special land use application.

(2)

The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located.

(3)

The property is maintained in a manner that is consistent with the character of the neighborhood.

(4)

One (1) off-street parking space shall be provided for each employee/caregiver and one (1) visitor.

(5)

Appropriate licenses with the State of Michigan shall be maintained.

(6)

The maximum length of an uninterrupted building façade facing public streets and residentially zoned or used property shall be thirty (30) feet. Façade articulation or architectural design variations for building walls facing the street are required to ensure that the building is not monotonous in appearance. Building wall offsets (projections and recesses), cornices varying building materials, or pilasters shall be used to break up the mass of a single building.

(7)

Such facilities may include multi-purpose recreational rooms, kitchens, and meeting rooms. Such facilities may also include medical examination rooms and limited space for ancillary services for the residents of the facility, such as barber and beauty facilities.

(Ord. No. 01-20, § 18.143, 2-10-20)

(a)

Purpose and intent. The purpose and intent of this section is to regulate the location and operation of, but not to exclude, sexually oriented businesses within the township, and to minimize their negative secondary effects. It is recognized that sexually oriented businesses, because of their very nature, have serious objectionable operational characteristics that cause negative secondary effects upon nearby residential, educational, religious and other similar public and private uses. The regulation of sexually oriented businesses is necessary to ensure that their negative secondary effects will not contribute to the blighting or downgrading of surrounding areas and will not negatively impact the health, safety and general welfare of township residents. The provisions of this section are not intended to offend the guarantees of the First Amendment to the United States Constitution or to deny adult access to sexually oriented businesses and their products, or to deny sexually oriented businesses access to their intended market. Neither is it the intent of this section to legitimatize activities that are prohibited by township ordinance, state or federal law. If any portion of this section relating to the regulation of sexually oriented businesses or referenced in those sections is found to be invalid or unconstitutional by a court of competent jurisdiction, the township intends said portion to be disregarded, reduced, or revised so as to be recognized to the fullest extent possible by law. The township further states that it would have passed and adopted what remains of any portion of this section relating to regulation of sexually oriented businesses following the removal, reduction or revision of any portion found to be invalid or unconstitutional.

(b)

Location.

(1)

No sexually oriented business shall be permitted within one thousand (1,000) feet of the property line of any other sexually oriented business.

(2)

No sexually oriented business shall be located in any principal or accessory structure already containing a sexually oriented business.

(3)

No sexually oriented business shall be permitted within one thousand (1,000) feet of any of the following:

a.

A state licensed childcare facility.

b.

A church, place of worship, or other religious facility.

c.

A day nursery, preschool, primary school, secondary school, college or university.

d.

A public library, public building, public park, public playground.

e.

A zoning district (excluding agricultural districts) in which residential uses are permitted.

f.

A dwelling used or designed for residential purposes, regardless of the zoning district in which it is located.

The distances provided for in subsection (b)(3)a. through e. inclusive and (b)(3)f. of this subsection shall be measured by projecting a straight line without regard for intervening buildings or structures between the nearest points of the property lines of the protected use and the proposed regulated adult entertainment business, or between the nearest point of the zoning district boundary from which the regulated adult entertainment business is to be separated to the nearest point of the property line of the proposed regulated adult entertainment business.

For distances provided for in subsection (b)(3)f. shall be measured by projecting a straight line without regard for intervening buildings or structures between the nearest point of the property line of the adult entertainment business and the residential dwelling.

(c)

Standards.

(1)

The proposed use shall conform to all standards of the zoning district in which it is located.

(2)

The proposed use must meet all applicable written and duly promulgated standards of the township and of other governments or governmental agencies having jurisdiction, and that to the extent required, the approval of these governments and governmental agencies has been obtained or is reasonably assured.

(3)

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 adjacent public rights-of-way.

(4)

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 lettering no less than two (2) inches in height that:

a.

"Persons under the age of 18 are not permitted to enter the premises," and

b.

"No alcoholic beverages of any type are permitted within the premises unless specifically allowed pursuant to a license duly issued by the Michigan Liquor Control Commission."

(5)

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 roadway or a neighboring property.

(6)

Hours of operation shall be limited to 10:00 a.m. to 11:00 p.m., Monday through Saturday.

(7)

All parking areas shall comply with section 18-246 of this chapter and shall be additionally illuminated until one (1) hour after the business closes.

(8)

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

a.

Is barrier-free to the extent required by the Americans with Disabilities Act, as amended;

b.

Is unobstructed by any door, lock or other entrance and exit control device;

c.

As at least one (1) side totally open to a public, lighted aisle so that there is an unobstructed view at all times from the adjoining aisle of any occupant;

d.

Is illuminated such that a person of normal visual activity looking into the booth, room or cubicle from its entrance adjoining the public lighted aisle can clearly determine the number of people within; and

e.

Has no holes or openings in any side or rear walls not relating to utility, ventilation or temperature control services or otherwise required by any governmental building code or authority.

(Ord. No. 01-20, § 18.144, 2-10-20)

(a)

Administrative review. Agricultural processing uses where the use occupies an area five thousand (5,000) square feet or less or agricultural food storage uses where the use occupies an area ten thousand (10,000) square feet or less shall be subject to an administrative review and approval by the zoning official. The zoning official shall review a site plan drawn to scale depicting property lines, structures and the location of the proposed processing and storage areas, as well as supporting documents and determine compliance with the standards herein. The zoning official shall approve or deny the request within forty-five (45) days from the date of submittal of the application. If the application is denied, the zoning official shall notify the applicant in writing of such action and reasons for the denial.

(b)

Standards.

(1)

Setbacks. Facilities used for agricultural processing and/or food storage shall be setback a minimum of one hundred (100) feet from any adjacent residential structure.

(2)

Parking. Parking areas and surfaces shall be adequate to accommodate anticipated traffic and vehicles on site. No parking or maneuvering lanes shall be permitted within any road right-of-way.

(Ord. No. 01-20, § 18.145, 2-10-20)

(a)

Application of regulations. The following agricultural/commercial tourism businesses may be permitted after special land use approval:

(1)

Cider mills or wineries selling product, in a tasting room, containing at least fifty percent (50%) of crops or produce grown on-site.

(2)

Seasonal outdoor mazes of agricultural origin such as straw bales or corn.

(3)

The processing, storage, and retail or wholesale marketing of agricultural products into a value-added agricultural product in a farming operation of at least fifty percent (50%) of the stored or processed, or merchandised products are produced by the farm operator.

(4)

U-pick operations.

(5)

Uses (1) through (4) listed above may include any or all of the following ancillary agriculturally related uses and some non-agriculturally related uses so long as the general agricultural character of the business is maintained and the income from these activities represents less than fifty percent (50%) of the gross receipts from the business.

a.

Value-added agricultural products or activities such as education tours of processing facilities, etc.

b.

Playgrounds or equipment typical of a school playground, such as slides, swings, etc. (not including motorized vehicles or rides).

c.

Petting farms, animal display, and pony rides.

d.

Wagon, sleigh, and hayrides.

e.

Nature trails.

f.

Open air or covered picnic area with restrooms.

g.

Educational classes, lectures, seminars.

h.

Historical agricultural exhibits.

i.

Kitchen facilities, for the processing, cooking, and/or baking of goods containing at least fifty percent (50%) produce grown on site.

j.

Gift shops for the sale of agricultural products and agriculturally related products. Gift shops for the sale of non-agriculturally related products such as antiques or crafts, limited to twenty-five percent (25%) gross sales.

(6)

Other commercial/tourism businesses that are complementary and accessory to the primary agricultural use of the subject property including but not limited to:

a.

Small-scale entertainment (e.g., music concert, car show, art fair);

b.

Organized meeting space (e.g., for use by weddings, birthday parties, and corporate events);

c.

Designated, permanent parking for more than twenty (20) vehicles.

(b)

Standards.

(1)

Minimum lot area of ten (10) acres.

(2)

A two hundred (200) foot open buffer shall be provided on all sides of the property not abutting a roadway. Agricultural/commercial tourism business activities shall not be allowed within this buffer area. Where possible, crops shall remain within this buffer area to help maintain the agricultural character of the site.

(3)

Buffer plantings shall be provided along the property line where there is an abutting residence. Greenbelt plantings are intended to screen views of the operation from the adjacent home or property. Buffer plantings shall meet the standards of section 18-262(c).

(4)

Must provide off-street parking to accommodate use as outlined in section 18-246.

a.

Parking facilities may be located on a grass or gravel area for seasonal uses such as roadside stands, u-pick operations, and agricultural mazes. All parking areas shall be defined by either gravel, cut lawn, sand, or other visible marking.

b.

All parking areas shall be located in such a manner to avoid traffic hazards associated with entering and exiting the public roadway.

c.

Parking shall not be located in required setback or buffer areas. Paved parking areas must meet all design, and landscape screening requirements as set forth in this zoning chapter.

(5)

The following additional operational information must also be provided as applicable:

a.

Ownership of the property.

b.

Months (season) of operation.

c.

Number of evening and daytime events to be held per week.

d.

Evening hours of operation.

e.

Event capacity.

f.

Maintenance plan for disposal, etc.

g.

Any proposed signs.

h.

Any proposed lighting.

i.

Maximum number of employees at events.

j.

Restroom facilities.

k.

A security plan including traffic control, crowd control, and emergency service.

l.

Liability insurance shall be provided by the facility naming the township for each event.

m.

Amplified music and entertainment related sounds shall be conducted inside a fully enclosed structure. At no time shall levels exceed sixty-five (65) decibels at the property line. No subwoofers permitted.

n.

No candles, smoking or other open fire/flame permitted in barns. No sky lanterns or fireworks permitted.

o.

All events shall be supervised by a venue coordinator. The venue coordinator shall be on-site at all times an event is in progress. Contact information for the venue coordinator shall be supplied to the township.

p.

No remote ownership is permitted. The owners of the event facility must reside on-site.

q.

Verification that all required permits have been granted, i.e., federal, state, and local permits.

(6)

All areas of the property to be used including all structures on site must be clearly identified.

(Ord. No. 01-20, § 18.146, 2-10-20)

(a)

Resident proprietor. The proprietor shall reside at the bed and breakfast establishment.

(b)

Length of stay. Guest stays shall not exceed fourteen (14) consecutive days nor more than thirty (30) days in one (1) year.

(c)

Primary residential use. The rooms utilized for sleeping shall be part of the primary residential use and not specifically constructed for rental purposes. Provided, however, that accessory dwellings in existence as of the effective date of this section and located on the same parcel as a bed and breakfast may be utilized for sleeping rooms, in accordance with this section.

(d)

Minimum room square footage. The rental sleeping rooms shall have a minimum area of one hundred (100) square feet for one (1) or two (2) occupants with an additional thirty (30) square feet for each occupant to a maximum of four (4) occupants per room.

(Ord. No. 01-20, § 18.147, 2-10-20)

(a)

Application of regulations. Building materials sales, garden centers, plant and tree nurseries, greenhouses, landscaping and landscaping supply businesses, and similar uses which are characterized by outdoor storage and sales, unless otherwise specified herein, shall be subject to the standards set forth in this section.

(b)

Permanent sales office. A permanent sales office building shall be located on the subject parcel. The building(s) may also include activities ancillary to the principal use such as the storage of materials and equipment storage/repair.

(c)

Outdoor storage. Outdoor storage of equipment and materials shall be subject to the standards set forth in section 18-166.

(Ord. No. 01-20, § 18.148, 2-10-20)

(a)

Campground/recreational vehicle park. Publicly or privately-owned and operated campgrounds and camp buildings providing temporary living quarters for campers on a daily, weekly, or seasonal basis shall be subject to the following:

(1)

The minimum site area shall be ten (10) acres.

(2)

The site shall have direct access to a public road.

(3)

A minimum one hundred (100)-foot setback shall be established around the perimeter of the property for the purpose of buffering a private campground or recreational vehicle park in relation to adjacent land currently zoned or used for residential proposes. The perimeter buffer shall be kept in its natural state or landscaped to achieve a complete visual screen from abutting properties or the public road right-of-way. Where natural vegetation or land contour are insufficient to buffer a private campground or recreational vehicle park in relation to surrounding properties, the planning commission and township board may require additional setback, landscaping and/or berms beyond those required elsewhere for screening between land uses.

(4)

Temporary campgrounds are strictly prohibited.

(5)

No permanent residential structures shall be constructed. Residency at the campground is to be temporary in nature and for recreational purposes (i.e., no mail to be delivered to occupants, no children enrolled in school from campground address, etc.).

(6)

Manufactured homes shall not be permitted to be located within a campground.

(7)

The use and occupancy of a campground shall be in strict compliance with the current laws and requirements of the State of Michigan governing such uses. A State of Michigan campground license must be obtained and kept in good standing.

(8)

Each site on a lot designated for camping use may accommodate a travel trailer or tent or recreational vehicle and shall be provided with individual electrical outlets. Animal-proof waste containers shall be provided at each site.

(9)

Adequate public sanitary facilities housed in all-weather structures shall be provided uniformly throughout the campground at a ratio of not less than one (1) such station per twenty (20) camping sites.

(10)

Each campground containing more than sixty (60) sites shall provide a masonry building containing machine laundry (wash and dry facilities) and showers.

(11)

No commercial enterprises shall be permitted to operate on the lot, except that a convenience goods shopping building may be provided on a lot containing more than eighty (80) camping sites. Any convenience store is for use by on-site campers only. Advertisement and signage for the store can only be provided within the interior of the campground and not visible to the public.

(12)

Each lot shall provide a gravel or hard-surfaced, dust-free vehicle parking area for site occupant and guest parking. Such parking area shall be located within four hundred (400) feet of the site it is intended to serve (except in the case of sites specifically designated only for tent camping). Each parking space shall be two hundred (200) square feet in area and guest parking shall be provided at the ratio of not less than one (1) space per each two (2) camping sites. Occupant parking space for two (2) vehicle shall be provided on each site.

(13)

Each site shall contain a minimum of one thousand five hundred (1,500) square feet, except that the minimum size for sites specifically designated for tents shall be three thousand (3,000) square feet. Each site shall be set back from any right-of-way or property line at least seventy-five (75) feet, and from any private street at least forty (40) feet.

(14)

A common use area shall be provided on each lot at a ratio of not less than one thousand (1,000) square feet of such area per each site. This common area shall be developed by seeding, landscaping, and provided with picnic tables, barbecue stands and passive recreation equipment (i.e., swings, horseshow pits, shuffleboard courts, etc.) for the general use of all occupants of the campground.

(15)

Each travel trailer site shall have direct access to a hard-surfaced, dust-free roadway at least twenty-four (24) feet in width for two-way traffic and twelve (12) feet in width for one-way traffic. Parking shall not be allowed on any roadway.

(16)

Public streets shall be paved with gravel or asphaltic concrete. Sites specifically designated for, and only used for tent camping need not have direct vehicular access to any street or road but shall be provided with adequately cleared and marked pedestrian pathway access which originates at a point on a street or road within two hundred (200) feet of the parking area mentioned in subsection 13.

(17)

All sanitary facilities shall be designed and construction in strict conformance with all applicable Monroe County Health Department regulations.

(18)

A minimum distance of fifteen (15) feet shall be provided between all travel trailers or tents or recreational vehicles.

(19)

Fences and greenbelts may be required by the planning commission.

(Ord. No. 01-20, § 18.149, 2-10-20)

(a)

Screening. Landscape screening adjacent to residentially zoned properties shall be addressed during site plan review.

(b)

Assembly. The site shall be designed such that adequate assembly area is provided off-street for vehicles associated with funeral processions. This assembly area shall be provided in addition to any required off-street parking area.

(c)

Ingress and egress. Points of ingress and egress for the site shall be designed so as to minimize possible conflicts between traffic on adjacent thoroughfares and funeral processions or visitors entering or existing the site.

(d)

Setbacks. No building shall be located closer than fifty (50) feet from any residential zoning district.

(Ord. No. 01-20, § 18.150, 2-10-20)

(a)

Setbacks. Buildings, docks, and parking areas shall be located no closer than thirty-five (35) feet from any residential zoning district.

(b)

Accessory uses. Uses accessory to marinas, boat launches, and water-related uses, such as refreshment stands, retail shops, bait shops, marine fuel sales, and similar uses are permitted, provided that such uses occupy no more than four hundred (400) square feet of building area.

(c)

Parking. Parking spaces shall be provided at a rate of three-fourths (0.75) of a vehicular space for each boat slip.

(Ord. No. 01-20, § 18.151, 2-10-20)

(a)

Indoor commercial recreation facilities. The following regulations apply to indoor commercial recreation facilities:

(1)

The site shall be located on, or shall have principal access from, a major thoroughfare or county primary road.

(2)

Minimum site area shall be one (1) acre.

(3)

No building shall be located within fifty (50) feet of a lot line of adjoining residentially zoned or used property.

(4)

Whenever parking areas are adjacent to residentially zoned or used land, a fence or screen wall of at least four (4) feet and no more than six (6) feet in height shall be provided along the side of the parking area adjacent to the residentially zoned or used land.

(5)

Based on the nature of the use and nuisance potential to adjoining property owners, the planning commission may stipulate noise standards beyond those otherwise regulated by township ordinances.

(6)

Operating hours for all uses shall be determined by the planning commission based on the nature of the use and the nuisance potential to adjoining property owners.

(b)

Outdoor commercial recreational facilities. The following regulations apply to outdoor commercial recreational facilities:

(1)

The site shall be located on or shall have principal access from a major thoroughfare or county primary road.

(2)

All points of access shall be no closer than two hundred (200) feet from the intersection of any two (2) streets or highways.

(3)

Minimum site area shall be based on the underlying zoning district. However, the planning commission may increase the minimum required site area depending upon the described use and anticipated extraneous impacts on adjacent properties. Such an increase will be for the proposes of buffering, screening, and otherwise negating or limiting the potential nuisance to adjacent properties caused by noise, dust, odor and the like.

(4)

No building or spectator seating area shall be located within one hundred (100) feet of a property line of an adjoining residentially zoned or used property.

(5)

A landscape buffer strip of no less than one hundred (100) feet shall be provided along the property lines of all residentially zoned or used property. However, the planning commission may reduce such requirement by fifty percent (50%) if it is determined that the potential for off-site nuisance is limited.

(6)

Whenever parking areas are adjacent to residentially zoned or used land, a fence or screen wall of at least four (4) feet and no more than six (6) feet in height shall be provided along the side of the parking area adjacent to the residentially zoned or used land.

(7)

Not more than sixty-five percent (65%) of the land area shall be covered by recreation uses.

(8)

Central loudspeakers/paging systems are prohibited within two hundred (200) feet of residentially zoned or used property. Such systems shall not be directed toward a residential area even if outside the two hundred (200)-foot setback nor shall they create a nuisance to such residential areas.

(9)

Accessory retail or commercial facilities, such as food and beverage facilities or equipment shops, shall be designed to serve only the patrons of the outdoor recreation facility, unless otherwise listed as a permitted use in the district in which the facility is located.

(10)

Operating hours for all uses shall be determined by the planning commission based on the nature of the use and the nuisance potential to adjoining property owners.

(Ord. No. 01-20, § 18.152, 2-10-20)

(a)

Application of regulations.

(1)

Community supported agriculture or associated distribution/pickup center, u-pick operations, and farm markets occupying less than one thousand five hundred (1,500) square feet shall be reviewed administratively. The administrative review process shall be conducted as follows:

a.

A property survey drawn to scale with dimensions showing property lines, all structures and other improvements shall be submitted to the township with an application for zoning compliance.

b.

The zoning official shall review the application and supporting materials, using the standards of this section and other applicable provisions of the zoning ordinance.

(2)

Community supported agriculture or associated distribution/pickup center, u-pick operations, and farm markets occupying one thousand five hundred (1,500) square feet or more shall require review and approval from the planning commission.

(b)

Standards.

(1)

Locally/regionally grown farm products. Agriculture products distributed or sold at such facility shall be locally/regionally grown and obtained from Michigan farms within a radius of no more than one hundred (100) miles from the facility. For value-added products sold at any facility, at least fifty percent (50%) of the products' "namesake" ingredient must be produced by a Michigan farm within one hundred (100) miles of the facility.

(2)

Setbacks. Facilities or areas used for CSA or farm markets shall be setback a minimum of one hundred (100) feet from any adjacent residential structure.

(3)

Parking. Adequate parking for the maximum number of expected patrons must be provided on-site and outside of any road right-of-way. Parking lot and maneuvering lane surfaces shall be adequate for the number and types of vehicles accessing the facility.

(4)

Hours of operation. The facility shall operate any time between the hours of 7:00 a.m. to 7:00 p.m.

(5)

Lighting. Lighting used in the operation of the CSA and/or farm market shall be downward facing and shielded to minimize light trespass onto adjacent properties. Lights, other than those needed only for security, shall not be turned on when the CSA or farm market facility is not in use.

(6)

Nuisances. The CSA or farm market facility shall not create nuisances for adjacent property owners. Such nuisances include, but are not limited to, amplified music or sounds, excessive dust or odors, and/or traffic that cannot be accommodated on-site.

(7)

Other permits. All other required permits shall be obtained.

(8)

Other marketing strategies. Other marketing strategies, activities, and services designed to attract and entertain customers while they are at the CSA or farm market require additional review by the planning commission.

(Ord. No. 01-20, § 18.153, 2-10-20)

(a)

Site area. All such facilities shall be developed on sites having a minimum of one (1) acre or two thousand (2,000) square feet of site area for each one (1) bed in the facility or for each person cared for in the facility, whichever is greater. Within this area, a minimum of five hundred (500) square feet of contiguous open space shall be provided, apart from areas required for vehicular uses, for each bed or for each person cared for within the capacity of the building.

(b)

Yards. All yards shall be a minimum of fifty (50) feet in width, shall be kept free of parking, and shall be landscaped.

(c)

Loading and service areas. Delivery, loading, service, and parking areas shall be screened from view of residentially zoned or used property in accordance with the standards set forth in section 18-248(b)(2).

(d)

Façade. The maximum length of an uninterrupted building façade facing public streets and residentially zoned or used property shall be thirty (30) feet. Façade articulation or architectural design variations for building walls facing the street are required to ensure that the building is not monotonous in appearance. Building wall offsets (projections and recesses), cornices, varying building materials, or pilasters shall be used to break up the mass of a single building.

(e)

Facilities. Such facilities may include multi-purpose recreational rooms, kitchens, and meeting rooms. Such facilities may also include medical examination rooms and limited space for ancillary services for the residents of the facility, such as barber and beauty facilities.

(Ord. No. 01-20, § 18.154, 2-10-20)

(a)

Permitted uses. Uses which may be permitted in conjunction with a country club include, but shall not be limited to, accessory buildings, a club house, swimming pool, golf course and the sale of food.

(b)

Setbacks. Buildings associated with country clubs and outdoor facilities such as swimming pools, tennis and basketball courts shall be located a minimum of one hundred (100) feet from a property line.

(c)

Access. Access to the site shall be on a county primary road or a state trunk line.

(Ord. No. 01-20, § 18.155, 2-10-20)

(a)

On-site stacking. Adequate on-site stacking space for vehicles shall be provided for each drive-through window so that vehicles will not interfere with vehicular circulation or parking maneuvers on this site. Access to and egress from the site will not interfere with peak hour traffic flow on the street serving the property. On-site vehicle stacking for drive-through windows shall not interfere with access to, or egress from the site or cause standing of vehicles in a public right-of-way.

(b)

Traffic control. Project peak hour traffic volumes which will be generated by the proposed drive-through service shall not cause undue congestion during the peak hour of the street serving the site.

(c)

Ingress and egress. Ingress and egress to drive-through facilities shall be part of the internal circulation of the site and integrated with the overall site design. Clear identification and delineation between the drive-through facility and the parking lot shall be provided. Drive-through facilities shall be designed in a manner which promotes pedestrian and vehicular operation and safety.

(d)

Drive-through location. Single-lane drive-throughs may be located at the side of a building. Multiple-lane drive-throughs shall be located in a manner that will be the least visible from a public thoroughfare. Canopy design shall be compatible with the design on the principal building and incorporate similar materials and architectural elements.

(e)

Stacking space requirements. Each drive-through facility shall provide stacking spaces meeting the following standards:

(1)

Each stacking lane shall be one-way and each stacking lane space shall be a minimum of twelve (12) feet in width and twenty (20) feet in length.

(2)

If proposed, an escape lane shall be a minimum of twelve (12) feet in width to allow other vehicles to pass those waiting to be served.

(3)

The number of stacking spaces per service lane shall be provided for the uses as listed in table 18-156-E-1. When a use is not specifically mentioned, the requirements for off-street stacking space for the use with the similar needs, as determined at the discretion of the zoning official, shall apply.

(Ord. No. 01-20, § 18.156, 2-10-20)

(a)

Uses permitted. Farm equipment sales and leasing shall include, but shall not be limited to, the sales and leasing of new and used farm equipment.

(b)

Display of farm equipment. Areas used for the display of farm equipment shall be a minimum of twenty (20) feet from a road right-of-way. The lighting of display areas shall be deflected away from adjacent properties and streets in accordance with section 18-265.

(c)

Repair and maintenance activities. Repair and maintenance activities, including hydraulic hoists, lubrication pits, and similar activities shall be performed entirely within an enclosed building.

(d)

Outdoor storage. Surplus, dismantled, wrecked, or inoperable farm equipment stored outdoors shall be within an area enclosed by an opaque fence or wall a minimum of six (6) feet in height. Wire fences with inserted strips of metal, plastic, and similar materials will not be permitted.

(Ord. No. 01-20, § 18.157, 2-10-20)

(a)

Accessory uses and buildings. Golf courses may also include accessory uses such as, but not limited to, clubhouses, restaurants, driving ranges, pro shops, and maintenance buildings. Any accessory uses and buildings associated with the golf course on the site shall conform to setback and dimensional requirements of the underlying zoning district.

(b)

Layout. The design and layout of a golf course and/or golf driving range shall be configured to prevent stray golf shots from traveling off of the site and onto rights-of-way, neighboring properties, or lands within the golf course development designed for uses other than the playing of golf.

(c)

Off-street parking. All off-street parking shall be in compliance with the standards set forth in section 18-246 of this chapter to provide for adequate parking for golfers as well as for banquets, weddings, golf tournaments, conferences, and other activities.

(d)

Storage, service, and maintenance areas. All storage, service, and maintenance areas shall be screened from view of residentially zoned or used property in accordance with the standards set forth in section 18-262(c).

(Ord. No. 01-20, § 18.158, 2-10-20)

(a)

Indoor.

(1)

A minimum lot area of not less than ten (10) acres shall be maintained.

(2)

The structure for the completely enclosed firing range shall be bulletproof.

(3)

The structure shall not be less than five hundred (500) feet from any residential use or district or right-of-way.

(4)

Adequate paved parking shall be maintained.

(b)

Outdoor.

(1)

A minimum lot area of not less than forty (40) acres shall be maintained.

(2)

The gun firing lines of the range shall not be less than five thousand (5,000) feet in length from the firing point and shall be at least one-quarter (¼) mile from the nearest residential use district in any direction from the firing point.

(3)

The shooters shall fire in a northerly direction at all times, away from any traveled highways.

(4)

Shooters shall fire into a thirty (30)-foot high hill or suitable backstop to be approved by the Monroe County Sheriff's Department.

(5)

A six (6)-foot tall wall or fence shall enclose the range to prevent persons from moving into the area and firing lane.

(Ord. No. 01-20, § 18.159, 2-10-20)

A building may be used for the temporary housing of seasonal agricultural workers provided the farm where located is at least sixty (60) acres. One (1) mobile home may be used for the housing of one (1) agricultural worker and his/her family provided the farm where located is at least sixty (60) acres in size, is being used for agricultural purposes, and that the worker obtains at least thirty percent (30%) of his/her means from that farm where living. The manufactured home shall meet all setbacks of the underlying zoning and be located behind the front face of the principal residential structure.

(Ord. No. 01-20, § 18.160, 2-10-20)

(a)

Ingress and egress. The proposed site shall have at least one (1) property line abutting a major arterial of at least one hundred twenty (120) feet of right-of-way width. All vehicular ingress and egress shall be directly from a major thoroughfare.

(b)

Setbacks. The minimum distance of any main or accessory building or structure from any boundary property line or street shall be two hundred (200) feet. A minimum depth of one hundred (100) feet of such required yards, adjacent to property lines, shall be kept free of off-street parking.

(c)

Accessory buildings and uses. Accessory buildings and uses may be permitted, provided total floor area of such uses does not exceed that of the main hospital complex. Ambulance and delivery areas shall be screened from view of adjacent residentially zoned or used property, in accordance with the standards set forth in section 18-144.

(d)

Off-street parking. Off-street parking shall be provided for such uses in accordance with the requirements of section 18-246. Accessory building and uses parking shall be in addition to that required for the main hospital complex.

(e)

Hazardous materials. Any hazardous materials proposed to be stored, used or handled on site shall be disclosed by the applicant to the township during the development review process, and all such storage, use, and handling shall be conducted in accordance with the standards set forth in section 18-312(c) and any applicable state or federal requirements.

(Ord. No. 01-20, § 18.161, 2-10-20)

(a)

Building design and materials.

(1)

Facades and exterior walls. The maximum length of an uninterrupted building façade facing public streets, residentially zoned or used property, and/or parks shall be thirty (30) feet. Façade articulation or architectural design variations for building walls facing the street are required to ensure that the building is not monotonous in appearance. Building wall offsets (projections and recesses), cornices, varying building materials, or pilasters shall be used to break up the mass of a single building.

(2)

Roofs. Roofs shall exhibit one (1) or more of the following features depending upon the nature of the roof and building design:

a.

Flat roof. Parapets concealing flat roofs and rooftop equipment or screening surrounding rooftop equipment such as HVAC units from public view are required. Parapets shall not exceed one-third (⅓) of the height of the supporting wall at any point.

b.

Pitched roof.

i.

Overhanging eaves extending no less than three (3) feet past the supporting walls.

ii.

An average slope greater than or equal to one (1) foot of vertical rise for every three (3) feet of horizontal run and less than or equal to one (1) foot of vertical rise for every one (1) foot of horizonal run.

iii.

Three (3) or more roof slope planes.

(b)

Site design.

(1)

Parking lot location. No more than fifty percent (50%) of the off-street parking area devoted to the large-scale retail establishment shall be located within the front yard and between the front façade of the principal building and the abutting streets.

(2)

Primary entrance. The primary building entrance shall be clearly identifiable and useable and located facing the right-of-way.

(3)

Pedestrian connection. A pedestrian connection shall provide a clear, obvious, publicly accessible connection between the primary street upon which the building fronts and the building. The pedestrian connection shall comply with the following:

a.

Fully paved and maintained surface not less than five (5) feet in width.

b.

Unit pavers or concrete distinct from the surrounding parking and drive lane surface.

c.

Located in a separate sidewalk, within a raised median or between wheel stops to protect pedestrians from vehicle overhangs where parking is adjacent.

(4)

Additional entrances. In addition to the primary façade facing front façade and/or the right-of-way, if a parking area is located in the rear or side yard, it must also have a direct pedestrian access to the parking area that is of a level of materials, quality, and design emphasis that is at least equal to that of the primary entrance.

(5)

Delivery/loading operations. Loading docks, trash collection, outdoor storage, and similar facilities and functions shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. Use of screening materials that are different from or inferior to the principal materials of the building and landscaping is prohibited.

(Ord. No. 01-20, § 18.162, 2-10-20)

Lodging that includes a restaurant, bar/lounge, auditorium, exhibition, or public meeting space shall provide parking to accommodate all uses on the site, in accordance with the standards set forth in section 18-246.

(Ord. No. 01-20, § 18.163, 2-10-20)

(a)

Statement of purpose. The district is designed to provide for the location and regulation of mobile home parks thus providing for a variety of housing types and residential living environments in the township. The community shall strive to achieve one (1) of the primary goals of the master plan a balance and variety of housing types and environments. It is further intended that manufactured housing communities shall provide the necessary community services and setting to avoid overcrowding, assure adequate light and ventilation and limit congestion.

(b)

General requirements.

(1)

Each manufactured home within a manufactured housing community shall contain a complete bathroom, including flush toilet, kitchen facilities, sleeping accommodations and plumbing and electrical connections. Travel trailer, motor homes and other recreational vehicles shall not be occupied in a manufactured housing community.

(2)

Manufactured home skirting shall be vented. Louvered or similar vents shall be at least a minimum of six hundred (600) square inches per one thousand (1,000) square feet of living space. A minimum of one (1) vent shall be placed at the front and the rear of the manufactured home and to each exposed side. An access panel of sufficient size to allow full access to utility hook-ups located beneath the manufactured home shall be installed. All skirting shall be manufactured of fire-resistant material and certified as such by the manufacturer. Skirting shall be installed in a manner so as to resist damage under normal weather conditions to include, but not limited to, damage caused by freezing and frost, wind, snow and rain.

(3)

Storage of dangerous or combustible goods and articles underneath any manufactured home or out of doors at any manufactured home site shall be prohibited except in an approved enclosed storage facility.

(4)

Canopies and awnings may be attached to any manufactured home and may be enclosed, subject to manufactured home site regulations herein. When enclosed, such shall be considered a structure and part of the manufactured home, building and occupancy permits issued by the building official shall be required.

(5)

All garbage and rubbish shall be stored and transferred in accordance with the procedures outlined in Part 5, Garbage and Rubbish Storage and Disposal, of the Michigan Department of Public Health Rules, being sections .325, .3351—.3354 of the Michigan Administrative Code. Garbage and trash removal shall be made at least once per week, except during the summer when health conditions may warrant additional pickups. Incineration of garbage or rubbish on the site shall be prohibited.

(6)

A commercial sale lot activity is prohibited within a manufactured housing community except that manufactured homes on manufactured home sites under the "model home" concept may be sold on site by a licensed manufactured home dealer or broker. This subsection does not prohibit the sale of a manufactured home on site by the manufactured homeowner.

(7)

All structures and utilities to be considered, altered, or repaired in a manufactured housing community shall comply with all applicable codes of the township, the state, the U.S. Department of Housing and Urban Development and the manufactured housing commission, including building, electrical, plumbing, liquefied petroleum gases and similar codes, and shall require permits issued therefore by the appropriate offices. However, a manufactured home built prior to June 15, 1976, shall be constructed to the state standards in effect at that time. All structures and improvements to be constructed or made under the township or state building code and other statutes shall have a building permit issued by the building official. Such structure or improvement shall have a minimum of two (2) inspections prior to a final inspection by the building official.

(8)

A manufactured housing community shall have a public water and sewer system and/or on-site water and wastewater treatment system acceptable by the state department of public health and state department of natural resources.

(9)

The site and surrounding area shall be suitable for residential use. It shall not be subject to hazards such as insect or rodent infestation, objectionable smoke, noxious odors, unusual noise, subsidence or the probability of flooding or erosion. The soil, groundwater level, drainage, rock formation and topography shall not create potential hazards to the property or to the health and safety of the occupants.

(10)

All land in a manufactured housing community shall comprise a single parcel. Public thoroughfares, except extensions of local and collector streets proposed as part of a manufactured housing community site plan, shall not bisect or divide a manufactured housing community to avoid unwarranted public traffic from traveling through the community.

(11)

A manufactured housing community shall not be occupied unless at least twenty-five percent (25%) or ten (10) sites of the expected total, whichever is less, manufactured home sites are available for occupancy at the time of opening the community, in accordance with MCL 125.1816, MSA 3.540(216).

(12)

A manufactured housing community shall not be developed on less than twenty (20) acres. Individual sites within a community shall be developed with sites having five thousand five hundred (5,500) square feet per mobile home unit being served. These five thousand five hundred (5,500) square feet may be reduced by twenty percent (20%) provided the individual site shall be equal to at least four thousand four hundred (4,400) square feet. For each square foot of land gained through the reduction of the site below five thousand five hundred (5,500) square feet, at least an equal amount of land shall be dedicated as open space, but in no case shall the open space requirements be less than that required under R125, 1946, rule 946 of the Michigan Administrative Code.

(13)

The minimum setback for a manufactured housing community shall be fifty (50) feet from a public right-of-way.

(14)

The manufactured housing community shall be constructed pursuant to Act No. 419 of the Public Acts of Michigan of 1976 (MCL 125.31101 et seq., MSA 19.855(1) et seq.) and the rules promulgated thereunder.

(15)

Landscaping and/or greenbelts shall be in conformance with the provisions of section 18-162. Common laundry, drying yards, trash collection stations, surface mounted transformers and similar equipment and facilities shall be screened from view by plant materials or by manmade screens. Required landscape strips shall not be included in the calculation of required recreational areas. Parking shall not be permitted in any required buffer area.

(c)

Manufactured home site regulations. The manufactured housing code, as established by the manufactured housing commission and the state department of public health rules, under the authority of Act No. 419 of the Public Acts of Michigan of 1976 (MCL 125.1101 et seq., MSA 19.855(1) et seq.), regulates manufactured housing community density, design, construction, licensing, individual manufactured home installation, anchoring, and health aspects. All manufactured housing communities shall be constructed according to the standards of the code and state department of public health rules, which include specifications for internal road widths, length, turning radii, alignment, gradients, construction materials, curbing, parking, utilities, pedestrian circulation, pad size, maintenance, setbacks, screening, and health aspects. Any variance from these established standards granted by the township must be filed with the state manufactured housing commission, however, the commission may approve, disapprove, and revoke the variance upon notice and hearing.

(d)

Utilities. Each manufactured home shall be suitably connected to sanitary sewer, water and other available utility lines and such connections shall meet the following regulations.

(1)

A public water system or water system approved by the state department of public health, and in accordance with Act No. 399 of the Public Acts of Michigan of 1976 (MCL 325.1001 et seq., MSA 14.427(1) et seq.), the Safe Drinking Water Act shall be provided within a manufactured housing community. The water supply shall be adequate for firefighting purposes.

(2)

A public sewer system or wastewater treatment system approved by the state department of public health and the state department of natural resources shall be provided within a manufactured housing community.

(3)

Each manufactured home space shall be provided with at least a four (4)-inch sanitary sewer connection. The sewer shall be closed when not connected to a manufactured home and shall be capped so as to prevent any escape of odors. The sewer condition shall be water-tight and self-draining.

(4)

The plumbing connections to each mobile home site shall be constructed so that all lines are protected from freezing, from accidental bumping, or from creating any type of nuisance or health hazard.

(5)

All electrical lines to each manufactured home site shall be underground. Separate meters shall be installed for each site. All cable television and telephone lines shall be underground. Aboveground lines are allowed for the connection between the manufactured home unit and the individual site utility pedestals.

(6)

No individual exterior television antennas shall be permitted within the manufactured housing community. If central television antenna systems, cable television or other such services are provided, the distribution systems shall be underground and shall be constructed and installed pursuant to state and local codes and ordinances.

(7)

An electrical service adequate for single-family residence needs shall be provided for each mobile home space. The installation shall comply with all state electrical regulations.

(8)

All fuel oil and liquefied gas supplies shall be installed in a manner consistent with the requirements contained in the general rules of the state manufactured home commission as provided for in Act No. 419 of the Public Acts of Michigan of 1976 (MCL 125.1101 et seq., MSA 19.855(1) et seq.).

(e)

Access and parking.

(1)

All internal streets, driveways, motor vehicle parking spaces and walkways within the park shall be hard surfaced and shall further comply with the general rules of the state manufactured housing commission as provided for in Act No. 419 of the public Acts of Michigan of 1976 (MCL 125.1101 et seq., MSA 19.855(1) et seq.), and revisions.

(2)

All entrances and exits from a manufactured housing community shall abut a hard-surfaced public road (cement and/or bituminous construction). Improvements to hard-surfaced roads, such as acceleration/deceleration lanes, shall be made in accordance with county road commission standards.

(3)

Cul-de-sac streets, where proposed, shall have a turnaround with a minimum outside radius of forty-five (45) feet, in accordance with adopted county road commission standards, and shall have a maximum length of three hundred (300) feet.

(4)

Entrances and exits for a manufactured housing community from county or state highways shall have written approval of the highway authority having jurisdiction before the final site plan for all or any phase of the manufactured housing community shall be approved by the manufactured housing commission.

(5)

Where a proposed manufactured housing community is adjacent to properties that have existing public sidewalks on them and the sidewalk abuts the manufactured housing community parcel, the developer shall also construct a sidewalk of equal width to act as a connection between, or any extension of the existing public sidewalk. Such sidewalk shall be necessary for only those portions of a manufactured housing community fronting upon a public thoroughfare.

(f)

Storage areas. The on-site outdoor storage of boat trailers, boats, camping units, horse trailers and similar equipment shall be prohibited. The manufactured housing community may provide, within the confines of the community, a common outdoor storage area for the storage of the above-mentioned equipment. Such storage area shall be surfaced with gravel, asphalt or similar substances and shall be screened from view with plant materials or manmade screening devices.

(g)

Procedures and permits. Application for a permit to construct a manufactured housing community shall be submitted to the state department of commerce. The department of commerce is the agency charged with licensing of manufactured housing communities. Preparation of the application, support data and local agency review of the above-mentioned materials shall conform to the requirements of Act No. 419 of the Public Acts of Michigan of 1976 (MCL 125.1101 et seq., MSA 19.855(1) et seq.).

(h)

Area and bulk requirements; general provisions. See general provisions of this chapter for conditions and regulations applicable to uses in the MH district.

(i)

Principal permitted uses. In all MH districts no building or land except as otherwise specifically provided for this this section shall be erected or used for other than the following specified uses:

(1)

Manufactured housing communities subject to the following:

a.

Application. Preliminary or tentative site plan approval shall be required for all manufactured housing communities and shall be subject to the following procedures:

i.

The application for approval of a manufactured housing community shall be accompanied by a preliminary or tentative site plan. The application shall be filed with the clerk's office for submission to the planning commission for their review, approval or denial.

ii.

Date of receipt. The date of receipt of the preliminary or tentative site plan shall be fifteen (15) days prior to the date of the next regular planning commission meeting.

iii.

Preliminary or tentative site plans and specifications shall be submitted. All information as required by the site plan check list for tentative site plan approval shall be required.

iv.

The preliminary site plan shall be submitted to the Monroe County Road Commission, Monroe County Health Department and the Monroe County Drain Commission in accordance with Public Act No. 96 of 1987, State of Michigan, as amended.

v.

The planning commission shall either approve, approve with modifications or disapprove the preliminary or tentative site plan within sixty (60) days of the date of receipt of the preliminary plan; provided, however, this requirement may be waived by the applicant.

vi.

The applicant shall be responsible for submitting to the township building official, four (4) complete sets of the final drawings approved by the state for construction. All manufactured housing communities shall be approved by the manufactured housing commission of the state and shall comply with all "rules" as adopted by the commission as provided for by Public Act No. 96 of 1987, State of Michigan, as amended.

b.

Minimum lot area. A manufactured housing community shall not be permitted on parcels of less than fifteen (15) acres in net area. In determining net area all dedicated interior and exterior right-of-way equal to or greater than eighty-six (86) feet in width shall be excluded. This shall not prohibit adding parcels of more or less than fifteen (15) acres to an existing manufactured housing community, provided that the total community area (existing development plus the added parcel) shall be fifteen (15) acres or greater in net area.

c.

Overall density, yard, and area requirements.

i.

Overall density for the manufactured housing community shall not exceed six and one-half (6.5) dwelling units per acre.

ii.

The manufactured housing community shall be developed with sites averaging five thousand five hundred (5,500) square feet per manufactured home unit. This five thousand five hundred (5,500) square feet requirement for any one (1) site may be reduced by twenty percent (20%) provided that the individual site shall be equal to at least four thousand four hundred (4,400) square feet. For each square foot of land gained through the reduction of the site below five thousand five hundred (5,500) square feet, at least an equal amount of land shall be dedicated as open space. This open space shall be in addition to that required under Rule 125.1946, Rule 946 and Rule 125.944, Rules 941 and 944 of the Michigan Administrative Code.

d.

Compliance with state and local requirements. Manufactured housing communities shall comply with all requirements of Act No. 96 of the Public Acts of 1987, State of Michigan, as amended. Further, all manufactured housing communities shall comply with this section, and all rules and regulations as established by the Michigan Manufactured Housing Commission.

e.

Commercial sales lots. The business of selling new and/or used manufactured homes as a commercial operation in connection with the operation of a manufactured housing community is prohibited. New or used manufactured homes located on lots within the manufactured housing community to be used and occupied within the manufactured housing community may be sold by a licensed dealer and/or broker. This section shall not prohibit the sale of a new or mused manufactured home by a resident of the manufactured housing community provided the community permits the sale.

f.

Manufactured home standards. Each manufactured home shall contain sanitary waste disposal facilities, sleeping accommodations, a tub or shower bath, kitchen facilities, and plumbing and electrical connections designed for attachment to appropriate external systems as commonly found in modern manufactured homes. Each manufactured home shall comply with the regulations of the U.S. Department of Housing and Urban Development as adopted on June 15, 1976, and all subsequent amendments to such standards and regulations. Manufactured homes constructed prior to June 15, 1976 shall be in full compliance with NFPA 501B-1974/ANSI 119.1-1975 standards.

g.

Permit. It shall be unlawful for any person to operate a manufactured housing community unless a license for such operation, in compliance with the requirements of the Michigan Public Act 96 of 1987, as amended has been obtained. The building official shall communicate his recommendations regarding the issuance of such licenses to the Director of Manufactured Housing Division, Corporation and Securities Bureau, Michigan Department of Commerce. A certificate of occupancy shall be required for each manufactured home.

h.

Inspections. The building official shall conduct periodic inspections. Whenever the building official finds that conditions or practices exist which violate the provisions of this section or other regulations referenced herein, the building official shall give notice in writing by certified mail to the Director of the Michigan Manufactured Housing Commission. A copy of such notification shall be sent by certified mail to the community owner or agent. The building official or other agents authorized by the township are granted the power and authority to enter upon the premises of any manufactured housing community as specified by Michigan Public Act 96 of 1987, as amended, at any time for the purpose of determining and/or enforcing any provision of this section.

i.

Roadway standards. All roadways and driveways shall be hard surfaced and so constructed as to handle anticipated peak roads and drainage and shall be lighted for safety and ease of movement of vehicles. All roads shall meet or exceed the engineering standards as established by the manufactured housing commission. The interior road system shall be developed to service the residents of the manufactured housing community and shall therefore remain private.

j.

Access drives. A manufactured housing community creating a total of fifty (50) or more manufactured home lots or sites shall have at least one (1) access to a public thoroughfare or shall be connected to a public thoroughfare by a permanent easement which shall be recorded before approval by the Department of Commerce. This access shall be a boulevard access road with at least one (1) lane for ingress and at least one (1) lane for egress if it is the only access to the manufactured housing community.

k.

Width of access drives. Two-way streets within a manufactured housing community shall have a minimum width of twenty-one (21) feet where no parallel parking is permitted, thirty-one (31) feet where parallel parking is permitted along one (1) side of the street, and forty-one (41) feet where parallel parking is permitted along both sides of the street. The minimum width of a one-way street shall be thirteen (13) feet where no parallel parking is permitted, twenty-three (23) where parallel parking is permitted along one (1) side, and thirty-three feet where parallel parking is permitted along both sides.

l.

Utilities and other similar or related services.

i.

The plumbing connections to each manufactured home site shall be constructed so that all lines are protected from freezing, from accidental bumping or from creating any type of nuisance or health hazard.

ii.

An adequate amount of running water to individual manufactured home sites shall be piped to and meet the requirements of the county and state health departments and shall be adequately protected from frost.

iii.

Storm drainage facilities shall be so constructed as to protect the health, safety, and welfare of those that will reside in the manufactured housing community, as well as the property owners adjacent to the development. Such community facilities shall be of such capacity to ensure rapid drainage and prevent accumulation of stagnant pools of water in or adjacent to the community consistent with part 4 of the MDPH drainage standards.

iv.

All electric, telephone, and other utility lines intended to serve any use in a MH district, whether designed for primary service from main lines or for distribution of services throughout the site shall be placed and maintained underground at all points within the boundaries of the manufactured housing community. When separate meters are installed, they shall be uniformly located. Wiring shall comply with the recommended Detroit Edison standards for manufactured housing communities.

v.

Any community fuel oil and gas storage shall be developed consistent with "Manufactured Housing Commission Rules."

vi.

Any proposed street and yard lights shall be consistent with "Manufactured Home Commission Rules."

vii.

All plumbing fixtures shall be connected to a public sanitary sewer or approved facilities and shall meet the requirements of the Monroe County Health Department and Michigan State Health Department.

viii.

Television service if provided shall be from a master antenna, satellite dish, etc., installed with underground connections to each mobile home site.

m.

Fire extinguishing equipment. Every manufactured housing community shall be equipped at all times with fire extinguishing equipment in good working order consistent with "Manufactured Housing Commission Rules." No open fires shall be permitted at any place which may endanger life or property. No fires shall be left unattended at any time.

n.

Trees. There shall be provided at least one (1) deciduous tree (minimum caliper of two (2) to two and one-half (2.5) inches) in the front yard of every other mobile home site. All dead trees shall be removed immediately and replaced.

o.

Yard grading and drainage. All yards and open space areas in MH districts shall be graded in manner which shall avoid the ponding of stormwater unless such conditions have been designed to occur as part of a stormwater management facility which has been approved by the planning commission as part of the preliminary or tentative site plan approval. All yards in a MH zoning district shall comply with MDPH specifications.

p.

Pads, mats or platforms. Pads, mats or platforms shall be installed in compliance with "Manufactured Housing Commission Rules."

q.

Anchoring. Installation and anchoring systems shall comply with all requirements as established in the "Manufactured Housing Commission Rules."

r.

Skirting. A uniform skirting shall be required to surround the base of a manufactured home and installed within sixty (60) days after placement of said manufactured home. Skirting shall comply with requirements as found in the "Manufactured Housing Commission Rules."

s.

Storage areas. No personal property shall be stored outside or under any manufactured home. Storage sheds may be used to store property but need not be supplied by the owner of the manufactured housing community. Sheds shall require a building permit for construction or alteration. All sheds shall be located not closer than ten (10) feet to any adjacent structure or adjacent manufactured home or site boundary line, maintained in good condition, kept clean and well painted. Further, sheds must comply with Manufactured Housing Commission Rule 941(1)(f).

t.

Open space between manufactured homes. The areas between manufactured homes and other open areas located on each manufactured home lot/site shall be seeded or sodded with grass or lawn and landscaped with trees and shrubs and thereafter shall be maintained so as to provide a utilitarian and healthful area free from debris or other outdoor storage.

u.

Lot line fences. Lot line fences if permitted in the individual manufactured housing community shall be uniform in height and shall not exceed thirty-six (36) inches in height and shall be constructed in such a manner as to provide firemen access to all sides of each manufactured home and shall be in accordance with the "Manufactured Housing Commission Rules." Further, fences shall not be constructed of old or used material unless such material shall be reasonably sound in the judgement of the building official. Fences shall not be made of or contain barbed wire, electric current or charges of electricity or sharp or pointed projections of any kind; provided, if such fence is constructed of pickets, the pickets shall be made of not less than one (1) inch by three (3) inch material and shall have an angle at the top of not less than ninety degrees (90°). The fence shall comply with the requirements of the building code. Plastic or other types of stripes intertwined in cyclone fencing shall be prohibited.

v.

Certificate of occupancy required. No manufactured home may be occupied until a certificate of occupancy has been issued by the building official.

w.

Septic and water. All manufactured housing communities shall be served by an approved septic and well water system which shall meet the requirements of the State Department of Health.

x.

Buffer. A buffer or screen, including fencing, berms, or landscape shall be required if a manufactured housing development abuts an existing residential development.

(2)

Accessory buildings, structures, and uses customarily incidental to the above permitted use.

(j)

Development requirements. The following requirements shall be complied with in a MH district:

(1)

In the case of a manufactured housing community, site plan approval shall be required for the preliminary plan only. All information as required by the site plan checklist for tentative site plan approval shall be required.

(2)

Only one (1) sign per main entry shall be permitted in a manufactured housing community. Said sign shall not exceed thirty-two (32) feet in area (typically eight (8) by four (4) feet). Said sign may be double-sided.

(3)

Yard use. Except for private roads, the area lying between the front property line and the back of curb or edge of the roadway is street right-of-way and as such is under the jurisdiction on the Monroe County Road Commission or Michigan Department of Transportation. A permit from the Monroe County Road Commission or Michigan Department of Transportation shall be required for all work performed in this area. Parking of vehicles shall be restricted to driveways or approved designated parking areas. Parking or storage of vehicles on lawn or landscape area shall be prohibited.

(Ord. No. 01-20, § 18.164, 2-10-20)

(a)

Outdoor display and sales. Outdoor display and sales are subject to the following standards and conditions:

(1)

Outdoor display and sales that is the principal use of the property is permitted as a special land use in the B-1, MU, and I-1 zoning districts subject to the approval of the planning commission in accordance with article VII.

(2)

An outdoor display and sales that is as an accessory use to the principal use conducted on the premises is permitted within the B-1, MU, WM, and I-1 zoning districts after obtaining a zoning compliance permit from the zoning official. In the administration of these provisions, the zoning official may refer a request to the planning commission for review and approval where site conditions may create difficulty in adherence to the standards contained herein.

(3)

The exterior of the premises shall be kept clean, orderly, and maintained.

(4)

The township shall not be held liable or responsible for any type of damage, theft, or personal injury that may occur as a result of an outdoor display.

(5)

The location of the outdoor display shall meet all required setback and shall be approved by the zoning official.

(6)

An outdoor display shall not occupy or obstruct the use of any fire lane, roadway, drive-aisle, drive entrance, storage area, off-street parking, or landscaped area required to meet the standards of this chapter.

(7)

Outdoor sale and display areas that abut residentially zoned or used property shall be screened in accordance with section 18-262(c).

(8)

Only those products that are sold or are similar to the products sold within the principal building on the same lot may be permitted to be sold or displayed outdoors.

(b)

Seasonal sales. The outside sale of seasonal items such as Christmas trees, flowers and plants, pumpkins, and other such seasonal items that are grown shall require a permit from the zoning official subject to the following standards and conditions:

(1)

Seasonal sales may be located within any required side or rear yard and shall be no closer to a public road right-of-way than the required front yard setback or existing building, whichever is less. Where outdoor displays abut residentially zoned property, landscape screening in accordance with section 18-262 shall also be provided.

(2)

Seasonal sales shall not occupy or obstruct the use of any fire lane, required off-street parking, or landscaped area required to meet the requirements of this chapter.

(3)

Ingress and egress shall be provided in a manner so as not to create a traffic hazard or nuisance.

(4)

Such sales shall be permitted for a period not to exceed ninety (90) days.

(5)

Upon discontinuance of the seasonal use, any temporary structure shall be removed.

(Ord. No. 01-20, § 18.165, 2-10-20)

Outdoor storage of goods, materials, and equipment shall be prohibited unless otherwise specifically permitted in this section. For those uses where the outdoor storage of goods, materials, and equipment is permitted either by right or through a special land use, the following conditions apply:

(a)

General regulations.

(1)

Such storage shall be strictly and clearly incidental to the principal use and only products and materials owned or produced by the principal business, and equipment owned and operated by the principal use shall be permitted for storage under this section.

(2)

Location and size.

a.

The location and size of areas for such storage, nature of items to be stored therein, and details of the enclosure, including description of materials, height, and typical elevation of the enclosure shall be provided as part of the special use permit application and indicated on a site plan, as set forth in article VI.

b.

Such storage shall not be located within the area between the front face of the building, as extended across the entire width of the lot, and to the right-of-way; in any required side or rear yard; or in any required transition strip.

c.

Such storage shall not be located in any required parking or loading space.

(3)

Screening. The area for such storage shall be screened from view on all sides. Screening shall be constructed of wood or masonry materials. Wire fences with inserted strips of metal, plastic and similar materials shall not be substituted for the required screening. The screen shall not be less than the maximum height of the product being stored.

(b)

Contractor's/landscaper's yard.

(1)

The contractor's office building shall be of permanent construction.

(2)

Outdoor storage shall be accessory to the contractor's principal office use of the property. Such outdoor storage shall not be located within the front yard and shall be enclosed by an opaque fence up to eight (8) feet in height and/or landscape screening meeting the standards set forth in section 18-262.

(3)

All travel surfaces shall be paved as a condition of approval.

(4)

Cranes, booms or other extensions on equipment, trucks or other vehicles parked on site shall be stored in the lowest possible configuration.

(Ord. No. 01-20, § 18.166, 2-10-20)

(a)

Fully enclosed building. All religious activities shall take place in a fully enclosed building except as may be approved by the township.

(b)

Incidental facilities. Facilities incidental to the main religious sanctuary must be used for church, worship, or religious education purposes, in a manner which is consistent with residential zoning and compatible with adjacent residential property. Associated uses on the site such as recreation centers, retreat facilities, conference centers, schools, convents, and others shall meet all requirement of this chapter for such uses.

(c)

Frontage and access. The site shall have frontage on and primary access to a major or minor arterial.

(d)

Maximum height. Buildings of greater than the maximum height allowed in the district in which a place of worship is located, may be allowed provided that the front, side, and rear yards are increased one (1) foot for each one (1) foot of building height which exceeds the maximum height allowed.

(e)

Setbacks. Front, side, and rear yard setbacks shall be a minimum of fifty (50) feet.

(f)

Parking location. Parking shall not be permitted in the required yards adjacent to any public street or adjacent to any land zoned for residential purposes, other than that which is developed or committed for uses other than the construction of residential dwellings. Such yards shall be maintained as landscaped open space.

(g)

Traffic control. Traffic from events, including church worship services and other large assemblies shall be controlled so as not to create congestion or unreasonable delays on the public street.

(Ord. No. 01-20, § 18.167, 2-10-20)

(a)

Ingress and egress. All ingress and egress from said site shall be directly on a major arterial.

(b)

Setbacks. No building shall be closer than eighty (80) feet to any property line that is residentially zoned or used. In all other cases, front, side, and rear setbacks shall be a minimum of forty (40) feet.

(c)

Off-street parking. Off-street parking areas shall be located at least fifty (50) feet from any residential property line.

(d)

Service and maintenance buildings. Those buildings to be used for service or maintenance, such as heating plants, garages, and storage structures shall be screened from view of residentially zoned or used property, in accordance with the standards set forth in section 18-262.

(Ord. No. 01-20, § 18.168, 2-10-20)

(a)

Yards. All outdoor play areas shall be located in the rear or side yards only and shall be enclosed with a durable fence six (6) feet in height, or four (4) feet in height if adjoining a right-of-way.

(b)

Approvals. All required state and local licenses, charters, permits and similar approvals shall be issued prior to occupancy for any educational purposes and shall be maintained in good standing.

(c)

Off-street parking. Off-street parking shall be arranged so the area for bus loading and unloading of students will not be in the path of vehicular traffic.

(d)

Service and maintenance buildings. Those buildings to be used for servicing or maintenance, such as heating plants, garages, and storage structures shall be screened from view of residentially zoned or used property, in accordance with the standards set forth in section 18-262.

(Ord. No. 01-20, § 18.169, 2-10-20)

(a)

Intent. In addition to other regulations set forth in this chapter, all vehicle junk yards, wrecking yards, savage operations and similar facilities shall conform to the following requirements:

(1)

Minimum lot size shall be five (5) acres.

(2)

Direct ingress and egress shall be from a paved road.

(3)

A salvage operation license from the State of Michigan shall be obtained and maintained.

(4)

Travel routes for trucks entering and leaving the yard shall be shown on a map of the township at the time of application for the special land use permit. Such routes except arterial streets or their equivalent shall not pass through residential areas.

(5)

The required site plan shall also contain a description for the location and nature of any materials processing operations to be conducted within the yard, and the location and nature of equipment for operations.

(6)

Yard materials shall be stored in organized rows with open intervals at least twenty (20) feet wide between rows for purposes of fire protection, emergency access, and visitor safety.

(7)

Yard materials shall not be stored in piles higher than the top of the fence surrounding the yard. Automobiles, trucks, and other vehicles shall not be stacked to a height or in a manner that prohibits fire protection, emergency access or does not protect the safety of visitors.

(8)

The yard shall be maintained in such a manner as to prevent the breeding or harboring or rats, insects, or other vermin.

(9)

The yard when established and located within one thousand (1,000) feet of any existing residential district or land being used for residential purposes, as measured on a straight-line distance, shall not be open for business and shall not operate at any time other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays; between 7:00 a.m. and 12:00 p.m. on Saturdays.

(10)

All flammable liquids contained in vehicles shall be drained from the same immediately after such vehicles are brought to the yard. Such liquids shall be temporarily stored in containers approved by the local fire authority until properly disposed of according to law. The applicant shall provide a written procedure for draining, storage, and disposal.

(11)

All drives, parking areas, and loading/unloading areas shall be paved, watered, or treated so as to limit nuisances caused by dust on neighboring properties and public roads.

(12)

No portion of the building, yard, or other site elements shall project into the required front yard setback.

(13)

There shall not be more than one (1) entranceway from each public street that adjoins the yard.

(14)

Fencing shall be required as follows:

a.

Such facilities shall be completely enclosed by a solid, screen-type fence or wall, seven (7) feet high as measured from grade at each post in the case of a fence, or at ten (10)-foot intervals in the case of a wall. The fence or wall shall be located no closer to the road right-of-way line than the required front yard setback. Gates shall also be made of solid, opaque material. The front yard shall be landscaped and continuously maintained as a lawn.

b.

Strips of metal, plastic or other materials inserted into wire fences shall not be permitted in any fence enclosing a yard.

c.

All gates, doors, and access ways through said fence or wall shall be solid, unpierced materials matching the required fencing.

(15)

Wrecking and processing operation are permitted in a yard but shall be described in the application for the site plan approval or special use permit so that the planning commission and township board can implement standards and conditions to protect the health, safety and welfare of the community.

(Ord. No. 01-20, § 18.170, 2-10-20)

(a)

Incidental uses. Incidental accessory uses such as the sale of boxes, locks, and other supplies shall be permitted.

(b)

Standards.

(1)

The storage of any toxic, corrosive, flammable, or hazardous materials is prohibited.

(2)

Other than the storage of recreation vehicles, all storage and accessory uses shall be contained within a building. All recreational vehicle storage shall be screened from the view of residentially zoned or used property and public roads in accordance with the standards set forth in section 18-262.

(3)

Exterior walls of all storage units shall be of masonry construction.

(Ord. No. 01-20, § 18.171, 2-10-20)

(a)

Maximum density. The maximum allowable density varies by housing type, but shall not exceed the following:

(1)

Dwellings may be provided for as single-family detached, two-family or multiple-family units. When such dwellings containing kitchens, the minimum site area requirements for purposes of calculating density shall be as follows:

(2)

Where facilities do not contain kitchen facilities within individual dwelling units, the site area per bed shall be one thousand five hundred (1,500) square feet.

(b)

Height, lot coverage, and setbacks. Height, lot coverage and setback requirements of the RM district as set forth in article IV, multiple family residential requirements shall apply.

(c)

Parking. Parking is not allowed in any required front yard. Parking is permitted in side and rear yards provided a minimum twenty (20) foot setback is observed.

(d)

Façade. The maximum length of an uninterrupted building façade facing public streets and residentially zoned or used property shall be thirty (30) feet. Façade articulation or architectural design variation for building walls facing the street are required to ensure that the building is not monotonous in appearance. Building wall offsets (projections and recesses); cornices, varying building materials or pilasters shall be used to break up the mass of a single building.

(e)

Drop-off and pickup area. A separate drop-off and pickup area shall be required adjacent to the main building entrance, located in a manner that will not create congestion on the site or within a public roadway.

(Ord. No. 01-20, § 18.172, 2-10-20)

(a)

Purpose. It is the intent of the township to permit these systems by regulating the siting, design, and installation of such systems to protect the public health, safety, and welfare, and to ensure compatibility of land uses in the vicinity of solar energy collectors. Building-mounted and ground-mounted solar energy collectors, as defined in this chapter, shall comply with the provisions of this section.

(b)

Building-mounted solar energy collector requirements. A building-mounted solar energy collector shall be a permitted accessory use in all zoning districts, subject to the following requirements:

(1)

Solar energy collectors that are mounted on the roof of a building shall not project more than five (5) feet above the highest point of the roof but, in any event, shall not exceed the maximum building height limitation for the zoning district in which it is located, and shall not project beyond the eaves of the roof.

(2)

Solar energy collectors mounted on the roof of a building shall be only of such weight as can safely be supported by the roof, and weight of snow and/or ice which they collect. Proof thereof, in the form of certification by a professional engineer or other qualified person, shall be submitted to the township building official prior to installation; such certification shall be subject to the building official's approval.

(3)

Solar energy collectors that are roof-mounted, wall-mounted or are otherwise attached to a building or structure shall be permanently and safely attached to the building or structure. Proof of the safety and reliability of the means of such attachment shall be submitted to the building official prior to installation; such proof shall be subject to the building official's approval.

(4)

Solar energy collectors that are wall-mounted shall not exceed the height of the building wall to which they are attached.

(5)

Solar energy collectors shall not be mounted on a building wall that is parallel to an adjacent public right-of-way.

(6)

The exterior surfaces of solar energy collectors that are mounted on the roof or on a wall of a building, or are otherwise attached to a building or structure, shall be generally neutral in color and substantially non-reflective of light.

(7)

Solar energy collectors shall be installed, maintained, and used only in accordance with the manufacturer's directions. Upon request, a copy of such directions shall be submitted to the township building official prior to installation. The building official may inspect the completed installation to verify compliance with the manufacturer's directions.

(8)

Solar energy collectors, and the installation and use thereof, shall comply with the township construction code, the electrical code, and other applicable township construction codes.

(c)

Ground-mounted solar energy collector requirements. A single, ground-mounted solar energy collector may be permitted as an accessory use in the AG or I-1 zoning districts only, and subject to the following requirements:

(1)

Single ground-mounted solar energy collectors may be located in the rear yard and the side yard but must meet the required side and rear yard setbacks of the district in which they are located.

(2)

Ground-mounted solar energy collectors shall not exceed fifteen (15) feet in height, measured from the ground at the base of such equipment.

(3)

Ground-mounted solar energy collectors shall be permanently and safely attached to the ground. Proof of the safety and reliability of the means of such attachment shall be submitted to the township and shall be subject to the building official's approval.

(4)

Ground-mounted solar energy collectors shall be installed, maintained, and used only in accordance with the manufacturer's directions. A copy of such directions shall be submitted with the building permit application.

(5)

The exterior surfaces of ground-mounted solar energy collectors shall be neutral in color and substantially non-reflective of light.

(6)

Ground-mounted solar energy collectors, and the installation and use thereof, shall comply with the township construction code, the electrical code and other applicable township construction codes.

(d)

Commercial solar energy systems. The following requirements shall apply to all commercial solar energy systems:

(1)

Purpose and intent. The purpose and intent of this section is to establish standards for the siting, installation, operation, repair, decommissioning, and removal of commercial solar energy systems within the industrial district as a special land use.

(2)

Site plan drawing and supporting materials. All applications for a commercial solar energy system use must be accompanied by detailed site plans, drawing to scale and dimensioned and certified by a registered engineer licensed in the State of Michigan, displaying the following information:

a.

All requirements for a site plan contained in article VI herein.

b.

All lot lines and dimensions, including a legal description of each lot or parcel comprising the commercial solar energy system.

c.

Names of owners of each lot or parcel within Berlin Charter Township that is proposed to be within the commercial solar energy system.

d.

Vicinity map showing the location of all surrounding land uses.

e.

Location and height of all proposed solar array(s), buildings, structures, electrical tie lines and transmission lines, security fencing, and all above-ground structures, and utilities associated with the commercial solar energy system.

f.

Horizontal and vertical (elevation) to scale drawings with dimensions that show the location of the proposed solar array(s), buildings, structures, electrical tie lines and transmission lines, security fencing, and all above ground structures and utilities on the property.

g.

Location of all existing and proposed overhead and underground electrical transmission or distribution lines within the commercial solar energy system and within one hundred (100) feet of all property lines of the commercial solar energy system.

h.

Proposed setbacks from the solar array(s) to all existing and proposed structures within the commercial solar energy system.

i.

Land elevations for the solar array(s) location and the relationship to the land elevations of all existing and proposed structures within the commercial solar energy system at a minimum of five (5)-foot contours.

j.

Access driveways within and to the commercial solar energy system, together with a detailed narrative regarding dimensions, composition, and maintenance of each proposed driveway. All access driveways shall be subject to Monroe County Road Commission approval and shall be planned so as to minimize the use of lands for that purpose. Site grading and driveways shall not block the flow of water from adjacent parcels.

k.

Planned security measures to prevent unauthorized trespass and access during the construction, operation, removal, maintenance or repair of the commercial solar energy system.

l.

A written description of the maintenance program to be used for the solar array(s) and other components of the commercial solar energy system, including decommissioning and removal. The description shall include maintenance schedules, types of maintenance to be performed, and decommissioning and removal procedures and schedules if the commercial solar energy system is decommissioned.

m.

Planned lightening protection measures.

n.

Additional detail(s) and information as required by the special land use requirements of the Berlin Charter Township Zoning Ordinance, or as required by the planning commission.

(3)

Application escrow account. An escrow account shall be deposited with the township by the applicant when the applicant applies for a special land use permit for a commercial solar energy system. The monetary amount deposited by the applicant in escrow with the township shall be the amount estimated by the township, to cover all costs and expenses associated with the special land use permit review and approval process, which costs shall include, but are not limited to, fees of the township attorney, township planner, and township engineer, as well as costs for any reports or studies that are related to the zoning review process for the application. The applicant shall have thirty (30) days to refuse or approve of the amount estimated by the township. Such escrow amount shall be in addition to any filing or application fees established by resolution. At any point during the special land use permit review process, the township may require that the applicant place additional funds into escrow with the township if the existing escrow amount deposit by the applicant is deemed insufficient by the township. If the escrow account needs replenishing and the applicant refuses to do so within thirty (30) days, the special land use permit process shall cease unless and until the applicant makes the required additional escrow deposit. Any applicable zoning escrow resolutions or other ordinances adopted by the township must also be complied with by the applicant. The township shall provide a summary of all account activity to the applicant within a timely manner upon request.

(4)

Compliance with the township building code and national electric safety code. Construction of a commercial solar energy system shall comply with the National Electric Safety Code and the Township Building Code as a condition of any special land use permit under this section. In the event of a conflict between the Township Building Code and the National Electric Safety Code (NESC), the NESC shall prevail.

(5)

Certified solar array components. Components of a solar array shall be approved by the Institute of Electrical and Electronics Engineers ("IEEE"), Solar Rating and Certification Corporation ("SRCC"), Electronic Testing Laboratories ("ETL"), or other similar certification organization if the similar certification organization is approved by the township, which approval shall not be unreasonably withheld.

(6)

Height. Maximum height of a solar array, other collection device, components or buildings of the commercial solar energy system, excluding substation and electrical transmission equipment, shall not exceed fifteen (15) feet (as measured from the natural grade at the base of improvements) at any time or location on the property. Substation and electrical transmission equipment shall not exceed one hundred (100) feet.

(7)

Lot size. A commercial solar energy system shall be located on one (1) or more parcels with an aggregate area of ten (10) acres or greater.

(8)

Setbacks. A minimum setback distance of fifty (50) feet from all exterior property lines of the commercial solar energy system and existing public roads and railroad rights-of-way shall be required for all buildings and solar arrays, provided that a setback of seventy-five (75) feet shall be required adjacent to any residential structure.

(9)

Lot coverage. A commercial solar energy system is exempt from maximum lot coverage limitations.

(10)

Screening/security. A commercial solar energy system shall be completely enclosed by perimeter chain-link fencing to restrict unauthorized access. Such fencing shall be secured to the ground to prevent underground access, as well as, six (6) feet in height with a one (1)-foot extension arm consisting of a minimum of three (3) strands of barbed-wire placed above the fencing and slanting outward as measured from the natural grade of the fencing perimeter. Failure to install or continuously maintain the required perimeter fencing shall constitute a violation of this chapter and any special land use permit may be subject to revocation.

(11)

Electric fencing is not permitted. The perimeter of commercial solar energy systems shall also be screened and buffered by installed evergreen or native vegetative plantings whenever existing natural vegetation does not otherwise reasonably obscure the commercial solar energy system from adjacent residential structures, subject to the following requirements:

a.

The evergreen or native vegetative buffer shall be composed of native or evergreen trees that at planting shall be a minimum of four (4) feet in height and shrubs two (2) feet in height. The evergreen trees shall be spaced no more than fifteen (15) feet apart on center (from the central trunk of one (1) plant to the central trunk of the next plant), native trees shall be placed no more than thirty (30) feet apart on center and shrubs shall be spaced no more than seven (7) feet apart on center. All unhealthy (sixty percent (60%) dead or greater) and dead material shall be replaced by the applicant within one (1) year, or the next appropriate planting period, whichever occurs first.

b.

All plant materials shall be installed between March 15 and November 15. If the applicant requests a final certificate of occupancy from the township and the applicant is unable to plant during the installation period, the applicant will provide the township with a letter of credit, surety or corporate guarantee for an amount equal to one and one-half (1.5) times the cost of any planting deficiencies that the township shall hold until the next planting season. After all plantings have occurred, the township shall return the financial guarantee.

c.

Failure to install or continuously maintain the required vegetative buffer shall constitute a violation of this chapter and any special land use permit may be subject to revocation.

(12)

Signage. No advertising or non-project related graphics shall be on any part of the solar arrays or other components of the commercial solar energy system. This exclusion does not apply to entrance gate signage or notifications containing points of contact or any and all other information or warnings that may be required by authorities having jurisdiction for electrical operations and the safety and welfare of the public.

(13)

Noise. No component of any commercial solar energy system shall emit noise exceeding sixty-five (65) dBA as measured at the exterior property boundary or the existing ROW line.

(14)

Lighting. All lighting for parking lots, driveways, external illumination of buildings, or the illumination of signs shall be directed away from and be shielded from adjacent properties and shall be so arranged as to not adversely affect driver visibility on adjacent public roads in accordance with section 18-265.

(15)

Distribution, transmission and interconnection. All collection lines and interconnections from the solar array(s) to any electrical substations shall be located and maintained underground inside the commercial solar energy system, except in areas where technical or physical constraints make it preferable to install equipment above ground. This requirement excludes transmission equipment meant to connect the project substation to the local transmission system.

(16)

Abandonment and decommissioning. Following the operational life of the project, the applicant shall perform decommissioning and removal of the commercial solar energy system and all its components. The applicant shall prepare a decommissioning plan and submit it to the planning commission for review and approval prior to issuance of the special land use permit. Under this plan, all structures, concrete, piping, facilities, and other project related materials above grade and any structures up to three (3) feet below-grade shall be removed offsite for disposal. Any solar array or combination of photovoltaic devices that are not operated for a continuous period of twelve (12) months shall be considered abandoned and shall be removed under the decommissioning plan. The ground must be restored to its original topography within three hundred sixty-five (365) days of abandonment or decommissioning.

(17)

General standards. The planning commission shall not approve any commercial solar energy system special land use permit unless it finds that all of the general standards for special land uses contained in article VII of this chapter are met.

(18)

Approval time limit and extension. Special land use and site plan approvals or permits shall be valid for one (1) year but, if requested by the applicant prior to that expiration date, shall automatically be extended for an additional one (1) year period.

(19)

Conditions and modifications. Any conditions and modifications approved by the planning commission shall be recorded in the planning commission's meeting minutes. The planning commission may, in addition to other reasonable conditions, require landscaping, walls, fences and other improvements that are reasonable in relation to and consistent with the nature of the applicable or adjacent zoning districts. After approval, at least two (2) copies of the final approved site plan shall be signed and dated by the chairman of the planning commission and authorized representative of the applicant. One (1) copy shall be kept on file by the township clerk, and one (1) copy shall be returned to the applicant's authorized representative.

(20)

Inspection. The township shall have the right at any reasonable time, to provide same-day notice to the applicant to inspect the premises on which any commercial solar energy system is located. The township may hire one (1) or more consultants, with approval from the applicant (which shall not be unreasonably withheld), to assist with inspections at the applicant's or project owner's expense. Inspections must be coordinated with, and escorted by, the applicant's operations staff at the commercial solar energy facility to ensure compliance with the occupational safety and health administration (OSHA), NESC and all other applicable safely guidelines.

(21)

Maintenance and repair. Each commercial solar energy system must be kept and maintained in good repair and condition at all times. If the township zoning official determines that a commercial solar energy system fails to meet the requirements of this chapter and the special land use permit, or that it poses a safety hazard, the zoning official, or his or her designee, shall provide notice to the applicant of the safety hazard. If, after a reasonable cure period (not to exceed seven (7) days), the safety hazards are not corrected, the applicant is entitled to a hearing before the township board. If the township board determines that the safety hazard requires that the commercial solar energy system must be shut down, the applicant shall immediately shut down the commercial solar energy system and not operate, start or restart the commercial solar energy system until the issues have been resolved. The applicant shall keep a maintenance log on the solar array(s), which shall be available for the township's review within forty-eight (48) hours of such request. The applicant shall keep all sites within the commercial solar energy system neat, clean and free of refuse, waste or unsightly, hazardous or unsanitary conditions, and noxious weeds.

(22)

Roads. Any material damages to a public road located within the township resulting from the construction, maintenance or operation of a commercial solar energy system shall be repaired at the applicant's expense. In addition, the Applicant shall submit to Monroe County Road Commission a description of the routes to be used by construction and delivery vehicles; any road improvements that will be necessary to accommodate construction vehicles, equipment or other deliveries. The applicant shall abide by all county requirements regarding the use and/or repair of county roads.

(23)

Continuing security. If any commercial solar energy system is approved for construction under this section, applicant shall post decommissioning security prior to the start of construction (in a mutually agreed upon form) for an amount necessary to accomplish the work specified in the decommissioning plan as agreed upon by the township and applicant. The amount shall be reasonably sufficient to restore the property to its previous condition prior to construction and operation of the commercial solar energy system. Such financial security shall be kept in full force and effect during the entire time that the commercial solar energy system exists or is in place, and such financial security shall be irrevocable and non-cancelable.

a.

Continuing obligations. Failure to keep any required financial security in full force and effect at all times while a commercial solar energy system exists or is in place shall constitute a material and significant violation of the special land use permit and this chapter, and will subject the commercial solar energy system applicant, owner and operator to all remedies available to the township, including any enforcement action, civil action, request for injunctive relief, and revocation of the special land use permit.

(24)

Other requirements. Each commercial solar energy system shall also comply with all applicable federal, state and county requirements, in addition to other applicable township ordinances.

(Ord. No. 01-20, § 18.173, 2-10-20)

(a)

Setbacks. The following minimum setbacks shall apply to canopies and pump facilities constructed in conjunction with vehicle fueling stations:

(b)

Fueling areas site arrangement. All fueling areas shall be arranged so that motor vehicles do not park on or extend over abutting landscaped areas, sidewalks, streets, buildings, or adjoining property while being served.

(c)

Canopy structures. Canopy structures shall be designed and constructed in a manner which is architecturally compatible with the principal building. The canopy structure shall be attached to and made an integral part of the principal building unless it can be demonstrated that the design of the building and canopy in combination would be more functional and aesthetically pleasing if the canopy was not physically attached to the principal building.

(d)

Fire protection. Required fire protection devices under the canopy shall be architecturally screened so that the tanks are not directly visible from the street. The screens shall be compatible with the design and color of the canopy.

(e)

Canopy lighting. Canopy lighting shall be recessed so that the light source is not visible from off-site.

(f)

Pedestrian and vehicular safety. Vehicle fueling/multi-use stations shall be designed in a manner which promotes pedestrian and vehicular safety. The parking and circulation system within each development shall accommodate the safe movement of vehicles, bicycles, pedestrians, and refueling activities throughout the proposed development and to and from surrounding areas in a safe and convenient manner.

(g)

Repair and services. All repair and maintenance activities shall conform with the standards set forth in section 18-175. Dismantled, wrecked, or immobile vehicles shall not be permitted to be stored on-site.

(h)

Accessory vehicle wash. If a vehicle wash is proposed, it must comply with the standards set forth in section 18-178.

(Ord. No. 01-20, § 18.174, 2-10-20)

(a)

Disposal containers. Suitable containers shall be provided and used for disposal of used parts, and such containers shall be screened from view.

(b)

Enclosed buildings. All repair and maintenance activities, including hydraulic hoists, lubrication pits, and similar activities, shall be performed entirely within an enclosed building.

(c)

Retail sales limitations. Retail sales shall be limited to those items necessary to carry out the vehicle repair occurring on the subject site.

(Ord. No. 01-20, § 18.175, 2-10-20)

(a)

Setbacks. No vehicle shall be parked or displayed within twenty (20) feet of any street right-of-way.

(b)

Noise. Loudspeakers broadcasting voice or music outside of a building shall not be permitted within five hundred (500) feet of any residentially zoned or used property.

(c)

Repair and maintenance. All repair and maintenance activities shall conform with the standards set forth in section 18-175.

(d)

Vehicle delivery. Vehicle delivery shall be conducted on the premises and shall not interfere with vehicular traffic on a public road.

(Ord. No. 01-20, § 18.176, 2-10-20)

A vehicle impoundment lot shall have a permanent office located on site. The building or buildings may also include activities which are ancillary to the vehicle towing/impoundment business, such as indoor storage of equipment and equipment repair. The impoundment lot shall be located behind the front face of the building and shall meet the standards set forth in section 18-166, outdoor storage.

(Ord. No. 01-20, § 18.177, 2-10-20)

(a)

Use in building and setbacks. All washing activities shall be carried on within a building. Vacuuming activities shall be located at least fifty (50) feet from adjacent residentially zoned or used property.

(b)

Mechanical dryer. Automatic vehicle wash facilities shall have a mechanical dryer operation at the end of the wash cycle.

(c)

Exit ramp. All automatic vehicle wash facilities must provide a demonstrated means at the exit ramp for each wash bay to prevent pooling of water or freezing.

(Ord. No. 01-20, § 18.178, 2-10-20)

(a)

Purpose. It is the intent of the township to permit these systems by regulating the siting, design, and installation of such systems to protect the public health, safety, and welfare, and the ensure compatibility of land uses in the vicinity of WECS.

(b)

Approval required. It shall be unlawful to construct, erect, install, alter, or locate any WECS within the township except in compliance with this section.

(c)

Accessory use. On-site WECS are allowed as an accessory use in the AG, agriculture zoning district and shall meet the following standards and requirements:

(1)

Minimum lot area. The minimum lot area shall be ten (10) acres.

(2)

Limitations. One (1) on-site WECS shall be allowed as an accessory use per property.

(3)

Property setbacks. The distance between a WECS and the nearest property line shall be at least one and one-half (1.5) times the height of the WECS. No part of the WECS structure, including guy wire anchors, may extend closer than ten (10) feet to the owner's property line.

(4)

Other required setbacks. The distance between a WECS and a road or a public right-of-way shall be at least one and one-half (1.5) times the height of the WECS.

(5)

Site grading/driveways. All access driveways shall be subject to Monroe County Road Commission approval. Site grading and driveways shall not block the flow of water from adjacent parcels.

(6)

Height. The height of an on-site WECS shall be less than one hundred fifty (150) feet in height. Height shall be measured from the existing grade to the tip of the turbine blade at its highest point.

(7)

Noise. Audible noise or the sound pressure level of an on-site WECS shall not exceed fifty-five (55) dB(A) at the property line closest to the WECS. This sound pressure level may be exceeded during short-term event such as utility outages and/or severe windstorms.

(8)

Shadow flicker. The applicant shall conduct an analysis of potential shadow flicker. The analysis shall identify the locations of shadow flicker that may be caused by the WECS and the expected durations of the flicker at these locations from sunrise to sunset over the course of a year. The analysis shall identify impacted areas where shadow flicker may affect occupants or users of the structures or properties in the impacted area. The analysis shall describe measures that will be taken to eliminate or mitigate negative impacts.

(9)

Construction codes, towers, and interconnections standards.

a.

Every WECS shall comply with all applicable state construction codes and local building permit requirements.

b.

Every WECS shall comply with Federal Aviation Administration requirements, the Airport Zoning Act, the Tall Structure Act (PA 259 of 1959), and any other applicable state or federal laws or regulations.

c.

An on-site WECS that is tied to the electrical grid shall comply with Michigan Public Service Commission and utility interconnection requirements. Off-grid WECS are exempt from this requirement.

(10)

Safety.

a.

Design safety certification. The safety of the design of every WECS shall be certified by the applicant's professional engineer registered in the State of Michigan and reviewed by the township. If WECS construction is approved, the professional engineer shall certify that the construction and installation of the WECS meets or exceeds the manufacturer's construction and installation standards, and any applicable state and federal laws and regulations prior to operation.

b.

Controls and brakes. Every WECS shall be equipped with manual and automatic controls to limit rotation of blades to a speed not to exceed the design limits of the WECS. The applicant's professional engineer must certify that the rotor and overspeed control design and fabrication conform to applicable design standards. No changes or alterations from certified design shall be permitted unless accompanied by a professional engineer's statement of certification approved by the township.

c.

Lightning protection. Every WECS shall have lightning protection.

d.

Guy wires. If an on-site WECS is supported by guy wires, the wires shall be clearly visible to a height of at least six (6) feet above the guy wire anchors.

e.

Grade clearance. The minimum vertical blade tip clearance from grade shall be twenty-five (25) feet from any WECS employing a horizontal axis rotor.

f.

Interference. Every WECS shall be designed and operated to minimize or mitigate interference with existing electromagnetic communications, such as radio, telephone, microwave, or television signals.

g.

Color. Towers and blades shall be painted a non-reflective neutral color designed on the application and approved by the township or as otherwise required by law.

h.

Climb prevention. Every WECS must be protected by anti-climbing devices such as:

1.

A perimeter chain-link fence to restrict unauthorized access. Such fencing shall be secured to the ground to prevent underground access, as well as six (6) feet in height with a one (1) foot extension arm consisting of a minimum of three (3) strands of barbed-wire placed above the fencing and slanting outward as measured from the natural grade of the fencing perimeter; or

2.

Anti-climbing devices twelve (12) feet from the base of pole including anti-climb panels, anti-climb brackets, and other similar devices.

i.

Removal of abandoned on-site WECS. In the event an on-site WECS is abandoned or unused for a period of one hundred eighty (180) days, or if an on-site WECS is damaged, the owner of the tower or the land shall promptly remove the tower and all related equipment. Failure to remove the tower and related equipment in accordance with the foregoing shall subject the owner to fines established by the township board. In addition, by accepting a permit for the on-site WECS, the applicant agrees that in the event the tower and equipment is not removed as required, after thirty (30) days' notice from the township, the township may undertake such removal and bill the costs to the applicant plus an administrative fee of fifteen percent (15%) which, if not paid within thirty (30) days, shall be assessed against the land on which the tower and equipment is located and collected in the same manner as delinquent taxes.

(d)

Application required. An application for on-site WECS shall be submitted to the township for review and approval by the township building official, and shall include the following information:

(1)

Name, address, and contact information.

(2)

A general, written description of the proposed project as well as a legal description (property identification number) of the property on which the WECS would be located.

(3)

A plan showing a map with the physical features and land uses of the project area, both before and after construction of the proposed WECS. The plan shall include:

a.

The project area boundaries.

b.

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

c.

Distance of proposed WECS from all property lines and permanent structures.

d.

The location, grades, and dimensions of all temporary and permanent on-site WECS access roads.

e.

Existing topography.

f.

Water bodies, waterways, wetlands, and drainage ditches (county drains).

g.

All new infrastructure related to the project.

h.

The location of all overhead utility wires.

(4)

Proof of the applicant's liability insurance covering the WECS.

(5)

Documentation of the manufacturer's designed sound pressure levels (decibels) for the unit to be installed.

(6)

The applicant shall provide evidence of ownership of the land which the WECS is to be located.

(Ord. No. 01-20, § 18.179, 2-10-20)

(a)

Intent and purpose. It is the intent of this section to provide standards for the location, construction, and maintenance of wireless communication facilities in a way which will retain the integrity, character, property values, and aesthetic quality of neighborhoods and the township, and minimize the negative visual impact of wireless communication facilities on neighborhoods, community landmarks, historic sites and buildings, natural beauty areas and public rights-of-way. The priority of the township is to minimize the overall number of newly established locations for wireless communication support facilities within the community by encouraging the colocation of existing wireless communication support facilities where possible. It is required that all new and modified wireless communication support facilities shall be designed and constructed so as to accommodate colocation. This section also requires that wireless communication antennas, wireless communication facilities and wireless communication support facilities shall adhere to all applicable local, state, federal laws and regulations and the standards of this section.

(b)

Authorization.

(1)

Subject to the standards and conditions set forth in this section, wireless communication facilities shall be permitted uses in the following circumstances, and in any districts:

a.

An existing structure which will serve as an attached wireless communication facility where the existing structure is not, in the discretion of the township, proposed to be either materially altered or materially changed in appearance.

b.

A proposed colocation upon an attached wireless communication facility which has been approved earlier by the township.

c.

An existing structure which will serve as an attached wireless communication facility consisting of a utility pole located within a right-of-way, where the existing pole is not proposed to be modified in a manner which, would materially alter the structure and/or result in an impairment of sight lines or other safety interests.

d.

An existing wireless communication support structure established within a right-of-way having an existing width of more than two hundred four (204) feet.

(2)

If it is demonstrated by an applicant that a wireless communication facility is required to be established outside an area identified in section 18-180(b)(1), then wireless communication facilities may be applied for elsewhere in the township and must follow the district specific criteria and is subject to the criteria and standards set forth in this chapter.

(c)

General regulations.

(1)

Standards and conditions applicable to all facilities. All applications for wireless communication facilities shall be reviewed in accordance with the following standards and conditions, and if approved, shall be constructed and maintained in accordance with such standards and conditions. In addition, if the facility is approved, it shall be constructed and maintained with any additional conditions imposed by the township.

a.

Facilities shall not be demonstrably injurious to neighborhoods or otherwise detrimental to the public safety and welfare.

b.

Facilities shall be located and designed to be harmonious with the surrounding areas.

c.

Wireless communication facilities shall comply with applicable federal and state standards relative to the environmental effects of radio frequency emissions.

d.

The maximum height of the new or modified support structures and antenna shall be the minimum height demonstrated to be necessary for reasonable communication by the applicant and by other entities to collocate on the structures. The accessory building contemplated to enclose such things as switching equipment shall be limited to the maximum height for accessory structures within the respective district.

e.

The setback of the support structure shall be equal to the height of the structure.

f.

There shall be unobstructed access to the support structure for operation, maintenance, repair, and inspection purposes, which may be provided through or over an easement. This access shall have a width and location determined by such factors as: the location of adjacent thoroughfares and traffic and circulation within the site; utilities needed to service the tower and any attendant facilities; the location of buildings and parking facilities; proximity to residential districts and minimizing disturbance to the natural landscape; and the type of equipment which will be needed to access the site.

g.

The division or property for the purpose of locating a wireless communication facility is prohibited unless all zoning requirements and conditions are met.

h.

Where an attached wireless communication facility is proposed on the roof of a building, if the equipment enclosure is proposed as a roof appliance or penthouse on the building, it shall be designed, constructed, and maintained to be architecturally compatible with the principal building or may be an accessory building. If proposed as an accessory building, it shall conform with all district requirements for principal buildings, including yard setbacks.

i.

The design and appearance of the support structure and all accessory buildings, shall be reviewed and approved so as to minimize distraction, reduce visibility, maximize aesthetic appearance and ensure compatibility with surroundings. It shall be the responsibility of the applicant to maintain the wireless communication faciality in a neat and orderly condition.

j.

The requirements of the Federal Aviation Administration, Federal Communication Commission, and Michigan Aeronautics Commission shall be noted.

k.

A maintenance plan, and any applicable maintenance agreement, shall be presented and approved as part of the site plan for the proposed facility. Such plan shall be designed to ensure the long term, continuous maintenance to a reasonably prudent standard.

(d)

Standards and conditions. Applications for wireless communication facilities, which may be approved as special land uses, and in addition to review requirements as set forth in article VII, shall be reviewed, and if approved, constructed and maintained, in accordance with the standards and conditions set forth herein.

(1)

The applicant shall demonstrate the need for the proposed facility to be located as proposed based upon the presence of one (1) or more of the following factors:

a.

Proximity to an interstate or major thoroughfare.

b.

Areas of population concentration.

c.

Concentration of commercial, industrial, and/or other business centers.

d.

Areas where signal interference has occurred due to tall buildings, masses of trees, or other obstructions.

e.

Topography of the proposed facility location in relation to other facilities with which the proposed facility is to operate.

f.

Other specifically identified reason creating need for the facility.

(2)

The proposal shall be reviewed in conformity with the colocation requirements of this section.

(e)

Application requirements.

(1)

A site plan prepared in accordance with article VI, site plan review shall be submitted showing the location, size, screening, and design of all buildings and structures, including fences, and the location and size of outdoor equipment, and the location, number, and species of proposed landscaping.

(2)

The application shall include a signed certification by a State of Michigan licensed professional engineer with regard to the manner in which the proposed structure will fall, which certification will be utilized, along with other criteria such as applicable regulations for the district in question, in determining the appropriate setback to be required for the structure and other facilities.

(3)

The application shall include a description of surety to be posted at the time of receiving a building permit for the facility to ensure removal of the facility when it has been abandoned or is no longer needed, as provided in section 18-180(g), removal. In this regard, the surety shall be in a form approved by the township attorney.

(4)

The applicant shall include a map showing existing and known proposed wireless communication facilities within the township, and further showing existing and known proposed wireless communication facilities within areas surrounding the borders of the township in the location, and in the area, which are relevant in terms of potential colocation or in demonstrating the need for the proposed facility. Any proprietary information may be submitted with a request for confidentiality in connection with the development pursuant to MCL 15.243(1)(g). This chapter shall serve as the promise to maintain confidentiality to the extent permitted by law. The request for confidentiality must be prominently stated in order to bring it to the attention of the community.

(f)

Colocation.

(1)

Feasibility of colocation. Colocation shall be deemed to be "feasible" for purposes of this section where all of the following are met:

a.

The wireless communication provider entity under consideration for colocation will undertake to pay market rent or other market compensation for colocation.

b.

The site on which colocation is being considered, taking into consideration reasonable modification or replacement of a facility, is able to provide structural support.

c.

The colocation being considered is technologically reasonable, e.g., the colocation will not result in unreasonable interference, given appropriate physical and other adjustment in relation to the structure, antennas, and the like.

d.

The height of the structure necessary for colocation will not be increased beyond a point deemed to be permissible by the township, taking into consideration the several standards set forth herein.

(2)

Requirements for colocation.

a.

An approval for the construction and use of a new wireless communication facility shall not be granted unless and until the applicant demonstrates that a feasible colocation is not available for the coverage area and capacity needs.

b.

All new and modified wireless communication facilities shall be designed and constructed so as to accommodate colocation.

(g)

Removal.

(1)

A condition to every approval of wireless communication facility shall be adequate provision for removal of all or part of the facility by users and the owners when the facility has not been used for one hundred eighty (180) days or more. For purposes of this section, the removal of antennas or other equipment from the facility, or the cessation of operations (transmission and/or reception of radio signals) shall be considered as the beginning of a period of non-use. The applicant shall notify the township upon cessation of operations or removal of antenna.

(2)

The situations in which removal of a facility is required, as set forth in paragraph (f)(1) above, the property owner or persons who had used the facility shall immediately apply or secure the application for any required demolition or removal permits, and immediately proceed with and complete the demolition/removal, restoring the premises to an acceptable condition as reasonably determined by the township.

(3)

If the required removal of a facility or a portion thereof has not been lawfully completed within sixty (60) days of the applicable deadline, and after written notice, the township may remove or secure the removal of the facility or required portions thereof, with its actual cost and reasonable administrative charge to be drawn on collected for the security posted at the time application was made of establishing the facility.

(Ord. No. 01-20, § 18.180, 2-10-20)