(A)

Until recent years, the regulation of all uses of land and structures through zoning has been accomplished by assigning each use to one or more districts. However, the functions and characteristics of an increasing number of new kinds of land uses combined with some of the older, more familiar kinds of uses call for more flexibility and equitable procedure for properly accommodating these activities in the community. It should be recognized that the forces that influence decisions regarding the nature, magnitude, and location of such types of land use activities are many and varied depending upon functional characteristics, competitive situations and the availability of land. Rather than assign all uses to special, individual, and limited zoning districts, it is important to provide controllable and reasonable flexibility in requirements for certain kinds of uses, but that will, at the same time, maintain adequate provision for the security of the health, safety, convenience and general welfare of the community's inhabitants.

(B)

In order to accomplish such a dual objective, provision is made in this chapter not only for flexibility in individual district regulations, but also for a more detailed consideration of certain specified activities as each may relate to proposed conditions of location, design, size, operation, intensity of use, generation of traffic movements, concentration of population, processes and equipment employed, amount and kind of public facilities and services required, together with many other possible factors. Land and structure uses possessing these particularly unique characteristics are designated as conditional uses and may be authorized by the issuance of a conditional use permit with such conditions and safeguards attached as may be deemed necessary for the protection of the public welfare.

(C)

The following sections 150.126—150.129, together with previous sections 150.022—150.030, designate what uses require a conditional use permit. With any exception noted, the procedures for obtaining such a permit apply to all conditional uses indicated.

(Ord. § 701, 9-14-2009)

(A)

Any person having an interest may file. Any person having an interest in a property may file an application for a conditional use permit for the zoning district in which the land is situated.

(B)

Submit applications through zoning administrator to planning commission. Applications shall be submitted through the zoning administrator to the planning commission. Each application shall be signed by the property owner and accompanied by the payment of a fee in accordance with the duly adopted schedule of fees to cover costs of processing the application. No part of any fee shall be refundable.

(C)

Data required in application. Every application shall be accompanied by one copy of the following information and data:

(1)

Conditional use form supplied by the zoning administrator filled out by the applicant.

(2)

Site plan drawn to a readable scale and containing that information specified in section 150.107 and/or 150.108.

(3)

A statement with supporting evidence regarding the required findings specified in section 150.128.

(D)

Transmitting copies. Upon receipt of such materials by the zoning administrator, the township shall transmit one copy to the road commission, drain commissioner, health department, and school district, as deemed appropriate, for their review and comment. Each agency shall review the document and forward any comments to the zoning administrator. The zoning administrator shall transmit a copy of the site plan to the planning commission for their review.

(E)

Approval of conditional use permit valid. Approval of a conditional use permit shall be valid regardless of change of ownership, provided that all terms and conditions of the permit are met by all subsequent owners.

(F)

Review of permit when conditions change. In instances where development authorized by a conditional use permit has essentially changed in nature, extent or character, the planning commission shall review the permit in relation to the applicable standards and requirements of the chapter. Upon finding that there has been a violation in the conditions of the conditional use permit granted under the provisions of this chapter, the planning commission may declare the permit null and void.

(G)

Permit to expire if development has not commenced. If development of a conditional use permit has not commenced within one year from the date of issuance, said permit shall expire automatically. The planning commission can approve an extension for one additional year upon request by the applicant.

(Ord. § 702, 9-14-2009)

(A)

Planning commission public hearing. The planning commission shall conduct a public hearing on the application at a regular or special meeting. The zoning administrator shall cause to be published one notice of the public hearing, in accordance of the provisions set forth in section 150.181.

(B)

Planning commission action. The planning commission shall approve, approve with conditions, or reject the application within 60 days of the hearing based upon materials received and testimony recorded at the public hearing. The planning commission shall set forth the reasons for approval, denial, or modification of the conditional use permit application. Following favorable action by the planning commission, the zoning administrator shall issue a conditional use permit, in accordance with the site plan and any conditions as have been placed on such permit by the planning commission. All conditions shall be clearly specified in writing and the petitioner has one year from date of hearing to comply with all specified conditions. Compliance shall occur prior to the commencement of the use, unless a specified time is set in the motion granting the conditional use permit.

(C)

Appeals. Any appeals concerning an unfavorable action by the planning commission shall be made by filing a notice of appeal with the zoning administrator pursuant to section 150.205.

(Ord. § 703, 9-14-2009)

The planning commission shall review the particular facts and circumstances of each proposal in terms of the following standards and shall find adequate evidence showing that the proposed use:

(A)

Will be harmonious with and in accordance with the general policies or with any specific objectives of the comprehensive plan;

(B)

Will be designed, constructed, operated, and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that the use will not change the essential character of the same area;

(C)

Will not be hazardous or disturbing to existing or future neighboring uses;

(D)

Will not result in a decline or erosion of land values, or the value of buildings or structures within the district;

(E)

Will be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, or schools, and that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service;

(F)

Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;

(G)

Will not involve uses, activities, processes, materials and equipment and conditions of operation that will be detrimental to any person, property, or the general welfare by reason of excessive production of noise, traffic, smoke, fumes, glare, or odors;

(H)

Will protect the public health, safety and general welfare of the community; and

(I)

Will be consistent with the intent and purpose of the specific zoning district in which it is located.

(Ord. § 704, 9-14-2009)

(A)

Prior to granting any conditional use permit, the planning commission may impose conditions or limitations upon the establishment, location, construction, maintenance or operation of the use authorized by the conditional use permit as in its judgment may be necessary for the protection of the public interest. Conditions imposed shall further be designed to protect natural resources, the health, safety and welfare, as well as the social and economic well-being of those who will utilize the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity and the community as a whole; and be consistent with the general standards listed in section 150.128 of this chapter and therefore be necessary to meet the intent and purpose of the regulations contained therein.

(B)

Conditions and requirements stated as part of a conditional use permit authorization shall be a continuing obligation of land holders. The zoning administrator shall make periodic investigations of developments authorized by conditional use permit to determine compliance with all requirements.

(C)

Conditional use permits may be issued for time periods as determined by the planning commission. Conditional use permits may be renewed in the same manner as originally applied for.

(D)

In authorizing a conditional use permit, the planning commission may require that a cash deposit, certified check, bond or other financial guarantee acceptable to the township, of ample sum be furnished by the developer to insure compliance with such requirements as drives, walks, utilities, parking, landscaping and the like. The financial guarantee shall be deposited with the township treasurer at the time of issuance of the permit authorizing the use or activity. As work progresses, the planning commission may authorize a proportional rebate of the financial guarantee upon completion of significant phases or improvements.

(E)

Revocation of a conditional use permit by the planning commission shall be made at a public hearing following the same procedures as original approval to the effect that:

(1)

Such conditions as may have been prescribed in conjunction with the issuance of the original permit included the requirement that the use be discontinued after a specified time period, or

(2)

Violations of conditions pertaining to the granting of the permit continue to exist more than 30 days after an order to correct has been issued. Violations of any conditions set by the planning commission are violations of this zoning ordinance.

(F)

All plans, specifications and statements submitted with the application for a conditional use permit shall become, along with any changes ordered by the planning commission, a part of the conditions of any conditional use permit issued thereto.

(G)

No application for a conditional use permit which had been denied wholly or in part by the planning commission shall be resubmitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence or proof of changed conditions found to be sufficient to justify consideration by the planning commission.

(H)

The foregoing general standards are basic to all conditional uses; and the specific requirements accompanying sections relating to particular uses are in addition to and shall be required in all applicable situations.

(Ord. § 705, 9-14-2009)

Cemeteries are a permitted use in the RR-1, RR-2, and RR-3 districts and a conditional use in the R-1 district subject to the requirements of this chapter and the following conditional requirements:

(A)

Maximum area of recorded plots. The area to be occupied by the cemetery shall not have more than 51 percent of its land area in recorded plots.

(B)

Continuity of roads. The continuity of all roads present or planned for adjacent areas shall be satisfactorily resolved to provide safe and prompt access and egress to and from such areas.

(C)

Access to public road. All ingress and egress shall be directly onto a paved public road having a planned right-of-way of not less than 66 feet on the township's adopted thoroughfare plan or comprehensive plan.

(D)

Screening. All sides of the cemetery shall be screened from any residential view by providing a continuous and completely obscuring decorative wall or fence not less than four feet six inches in height measured from the surface of the ground. The township planning commission may permit a chain-link type fence, with deciduous or evergreen plant material sufficient to provide a continuous year-round obscuring screen and planned in accordance with section 150.055.

(E)

Drainage. Approval shall be given contingent on a satisfactory drainage plan approved by the township engineer and the county health department.

(Ord. § 706, 11-9-2015)

Religious organizations, including churches are a conditional use in the R-1, RR-1, RR-2, RR-3, and C-1 districts subject to the requirements of this chapter and the following conditional requirements:

(A)

Site requirements.

(1)

The minimum site shall be two acres on a continuous parcel.

(2)

The site shall abut a paved public road having a proposed right-of-way of not less than that of a secondary thoroughfare, 66 feet, on the township's adopted thoroughfare plan or comprehensive plan.

(B)

Yard requirements; maximum lot coverage.

(1)

Front and rear yard. The front and rear yard requirements shall be the same as those listed for the district in which the conditional land use is requested.

(2)

Side yard. The side yard requirements shall be the same as those listed in the requested district for permitted nonresidential uses.

(3)

Maximum lot coverage. The maximum lot coverage shall be the same as for the district in which the conditional land use is requested.

(C)

Off-street parking.

(1)

A facility without fixed seat s or pews shall have one parking space for every 100 square feet of usable floor area.

(2)

No off-street parking shall be permitted in the front yard space.

(3)

All off-street parking shall be paved and constructed to the standards of this chapter.

(Ord. § 707, 11-9-2015)

Commercially used recreational space for adult or children's facilities, including fitness and recreational sports centers (e.g. gymnasiums, handball, racquetball, and tennis courts, ice and roller skating rinks, swimming and wave pools), bowling centers, archery and indoor shooting ranges, billiard or pool parlors, amusement parks, carnivals, rebound tumbling facilities, miniature golf courses, go-cart facilities, and similar facilities are a permitted use in the C-2 district and a conditional use in the RR-3, RP, and C-1 districts subject to the following conditional requirements:

(A)

Lighting. All lighting shall be shielded from adjacent residential districts.

(B)

Parking areas. Parking areas shall be provided off the road right-of-way and shall be fenced with a four-foot six-inch wall or fence where adjacent to a residential district or existing residential use.

(C)

Fencing. Children's amusement parks must be fenced on all sides with four-foot six-inch wall or fence.

(D)

Loudspeakers. No loudspeaker or public address system shall be used, unless authorized by the township planning commission (as part of the conditional use permit) wherein it is deemed that no public nuisance or disturbance will be established because of the unique locational characteristics of the particular site.

(Ord. § 708, 11-9-2015)

(A)

Location requirements. Communications towers are permitted by conditional use permit in the RR-1, RR-2 and RR-3, residential, RP, resource production, C-1, general retail, C-2, commercial/light industrial, and I, industrial districts.

(B)

Site requirement. A minimum site of three acres.

(C)

Buffering requirements. The communication tower shall be located so that there is sufficient radius of clear land around the tower so that its collapse would be completely contained on the property. The base of the tower and wire/cable supports shall be fenced with a minimum six foot woven fence with three top strands of barbed wire.

(D)

Performance standards.

(1)

The tower shall be located at the height of the tower or more from all property lines and at least 200 feet from any single-family dwelling.

(2)

All towers shall be equipped with an anti-climbing device and fence to prevent unauthorized access.

(3)

A building permit is required for the tower. The tower drawing shall be prepared and stamped by a professional engineer (State of Michigan) to certify that all the support structures meet the wind speeds and icing conditions under the worst conditions for this area.

(4)

The communication tower shall meet all the requirements of the FCC and FAA and provide documentation to the staff.

(5)

Whenever possible the structure shall be of monopole construction.

(6)

Accessory structures are limited to uses associated with operation of the tower.

(7)

Free-standing towers in excess of 100 feet in height above grade level shall be prohibited within a two-mile radius of a public airport.

(8)

All the on-site accessory buildings shall meet all the zoning requirements for building, including height and setback requirements.

(9)

Metal towers shall be constructed of, or treated with, corrosive-resistant material. Wood poles shall be impregnated with rot-resistant substances.

(10)

Antennae and metal towers shall be grounded for protection against a direct strike by lightning and shall comply, as to electrical wiring and connections, with all applicable local statutes, regulations and standards.

(11)

Towers with antennae shall be designed to withstand a uniform wind loading as prescribed in the building code.

(12)

All signal and remote control conductors of low energy extending substantially horizontally above the ground between a tower or antenna and a structure, or between towers, shall be at least eight feet above the ground at all points, unless buried underground.

(13)

The tower shall be located, operated and maintained in a manner which does not interfere with radio, television, audio, video, electronic, microwave or other reception in nearby areas.

(14)

Towers shall be located so there is room for vehicles doing maintenance to maneuver on the property.

(15)

The base of the tower shall occupy not more than 500 square feet and the top of the tower shall be no larger than the base. Minimum spacing between tower locations shall be one mile measured by a straight line to encourage co-location.

(16)

Height of the tower shall be the minimum height demonstrated to be necessary by the radio frequency engineer of the applicant, but shall not exceed 300 feet from grade.

(17)

Towers shall not be artificially lighted unless required by the Federal Aviation Administration and, if so required, lighting shall be the minimum provided for under the regulations, subject to the township's approval and orientated inward so as not to project onto surrounding property. Strobe lights shall not be used.

(18)

Existing on-site vegetation shall be preserved to the maximum extent practicable. Landscaping is required to provide screening and aesthetic enhancement to the base of the structure and accessory buildings.

(19)

There shall not be display advertising or identification of any kind intended to be visible from the ground or other structures.

(20)

The color of the tower shall blend in with the surrounding environment.

(21)

Structures shall be subject to any state and federal regulations concerning non-ionizing electromagnetic radiation. If more restrictive state or federal standards are adopted in the future, the antenna shall be made to conform or the conditional use permit will be subject to revocation by the township planning commission. Cost for testing and verification of compliance shall be borne by the operator of the antenna.

(22)

There shall be no employees located on the site on a permanent basis to service or maintain the antenna. Occasional or temporary repair and service activities are excluded from this restriction.

(23)

The tower shall be designed to allow for the co-location of additional providers in the future; also, space for police, emergency warning system and fire service antennas at a minimal cost to the community.

(24)

Whenever possible, proposed wireless communication facilities shall co-locate on existing buildings, structures and existing wireless communication structures. If a provider fails to or refuses to permit co-location, such a structure shall be a nonconforming structure and shall not be altered or expanded in any way.

(25)

In the event the tower is discontinued for 12 months, the tower and all accessories shall be removed within six months. After the complete demolition and removal, the premises shall be restored with six inches of topsoil, seeded and mulched. The applicant will post a bond to the township in the amount of 50 percent of the construction cost to ensure removal of the tower.

(26)

The site shall have legal documented access to a public road.

(27)

Dust control shall be maintained on the gravel access road using a non-petroleum based product.

(28)

The applicant shall provide a maintenance plan for the tower or a maintenance agreement with a third party, which details a maintenance schedule to ensure the tower and site will be maintained in a neat and orderly fashion.

(29)

The operator shall comply with applicable federal and state standards relative to the environmental effects of radio frequency emissions.

(Ord. § 709, 11-9-2015)

Disposal areas and landfills are permitted in I, Industrial and RP, Resource production districts subject to the requirements of this chapter and the following conditional requirements:

(A)

Location and setbacks; access to public road. The location of all disposal areas within such districts shall be sufficiently distant from preexisting development so as not to be injurious to public health, safety and welfare, and in no instance shall the operation of the landfill be set back less than 500 feet from the road right-of-way and from any residential home, and the side yard setback shall be a minimum of 100 feet from the property line of the landfill. The site shall abut a paved public road having a planned right-of-way of not less than 66 feet as indicated on the township thoroughfare plan or comprehensive plan.

(B)

Operation. Disposal area activity shall only be allowed as a conditional land use activity within zoning districts specified in this chapter and subject to the provisions of applicable township ordinances and state laws.

(C)

Stock piling of reusable or recyclable materials (used asphalt, concrete, and the like). Stock piling of inert (as determined by the Michigan DNR) reusable or recyclable materials shall fall under this section.

(D)

Compliance with state law. All disposal areas and landfills shall further comply with Part 115 of Public Act No. 451 of 1994 (MCL 324.11501 et seq.) and the county solid waste management plan.

(Ord. § 710, 11-9-2015)

(A)

Boilers/units and outside wood burning are a conditional use in the RR-1, RR-2, RR-3, rural residential, RP, resource production, C-1, general retail, C-2, commercial/light industrial and I, industrial zoned districts. Conditions for approval:

(1)

Lots of two and one-half acres or larger;

(2)

A setback of 75 feet from any and all lot/property lines, easements and rights-of-way;

(3)

Minimum chimney height of 15 feet, measured from grade to chimney top or two feet higher than the nearest neighboring principal dwelling, within 1,000 feet, whichever is higher;

(4)

No fuel other than natural wood without additives, wood pellets without additives and agricultural seeds in their natural state may be burned and no outdoor wood burning boiler or appliance may be used as a waste incinerator;

(5)

Any fuel source other than natural wood without additives, wood pellets without additives and agricultural seeds in their natural state shall require a variance;

(6)

Unit shall not be located in the front yard;

(7)

A grant of zoning compliance permit constitutes an agreement between the land owner and Breitung Township, that the Zoning Administrator, at any reasonable time, may enter the property for purpose of inspection to determine compliance with above conditions.

(B)

Outdoor storage of wood.

(1)

The storage of wood shall be adequately secured against rolling or falling and may not be stacked or placed higher than six feet.

(2)

Stored wood must be located in the rear (front for waterfront properties), or side of the property. The stored wood shall not be located within the area of the front setback nor located in front of the principle structure. No wood shall be stored or placed upon any property within ten feet of the shoulder of an alley where there is no public sidewalk.

(3)

On corner lots, no wood shall be stored or placed so as to interfere with the clear vision from a street or alley to an intersecting street or alley. Clear vision shall be maintained at no less than three and one-half feet in height from the grade of the street or alley for a continuous length of 15 feet from the curb or shoulder of the intersecting street.

(Ord. § 711, 11-9-2015)

Fabric storage structures as defined in this chapter may be permitted on any lot as an accessory structure, subject to the following conditions for approval:

(A)

A zoning permit is required to allow the erection of a temporary storage structure.

(B)

The maximum size of a temporary storage structure is 192 square feet.

(C)

One temporary storage structure per zoning lot is permitted.

(D)

A temporary storage structure shall comply with setback requirements for accessory structures.

(E)

The structure shall be sufficiently anchored to withstand overturning, uplifting or sliding from a 50 mile per hour wind.

(F)

The structure shall designed and installed in compliance with the Michigan 2009 Residential Code, as amended or the Michigan 2012 Building Code, as amended.

(G)

The structure shall be properly maintained.

(Ord. § 712, 11-9-2015)

(A)

Intent and purpose. The township board acknowledges that there are some uses of land which because of their sexually oriented nature are recognized as having serious unique objectionable characteristics and deleterious and adverse effects and consequences on surrounding properties. Conditional regulation of these sexually oriented businesses is needed to fulfill the goals of the township's comprehensive plan to prevent the adverse effects, i.e. blight and urban deterioration, reductions in value of surrounding property, social disorder and crime, the negative effects on community standards for aesthetic values and the township's tax base associated with the location and operation of sexually oriented businesses. The township board believes that the purpose and intent of this section will best be accomplished by requiring that sexually oriented businesses may be located only in those areas of the township which are zoned I, Industrial and then only upon the planning commission holding a public hearing and issuing a conditional use permit after having determined that the proposed use meets the requirements of sections 150.125—150.140.16 of this chapter.

(B)

Definitions.

(1)

Sexually oriented business use. Any use of land, whether vacant or combined with structures or vehicles thereon, by which said property is devoted to displaying or exhibiting material for entertainment, a significant portion of which includes matter, actions depicting, describing or presenting "specified sexual activities" or "specified anatomical areas". Sexually oriented business uses shall include but not be limited to the following:

(a)

An adult motion picture theater. An enclosed building with a capacity of 50 or more persons used for presenting material which has a significant portion of any motion picture or other display, depicting, describing or presenting "specified sexual activities" or specified anatomical areas" for observation by patrons therein.

(b)

An adult mini-motion picture theater. An enclosed building with a capacity for less than 50 persons used for presenting material which has as a significant portion of any motion picture or other display depicting, describing or presenting "specified sexual activities" or "specified anatomical areas."

(c)

An adult motion picture arcade. Any place to which the public is permitted or invited wherein coin or slug operated or electronically or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five or fewer persons per machine at any one time and where a significant portion of images so displayed depict, describe or relate to "specified sexual activities" or "specified anatomical areas."

(d)

An adult book or supply store, adult novelty store or adult video store. A commercial establishment having ten percent or more of all usable interior, retail, wholesale or warehouse space devoted to the distribution, display, storage, sale, or rental of any form of sexually explicit materials or adult novelty items. Also, an establishment with a significant portion devoted to the sale or display of sexually explicit materials or adult novelty items.

(e)

An adult cabaret. A nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers, or similar entertainers, where a significant portion of such performances show, depict or describe "specified sexual activities" or "specified anatomical areas."

(f)

Adult smoking or sexual paraphernalia store. An establishment having, as a substantial portion of its stock in trade and offers for sale, for any form of consideration, paraphernalia designed or usable for sexual stimulation or arousal or for smoking, ingesting or inhaling marijuana, narcotics or other stimulating or hallucinogenic drug-related substances.

(g)

Massage parlor. An establishment having a substantial portion of its space devoted to massages of the human body or parts thereof by means or pressure, imposed friction, stroking, kneading, rubbing, tapping, pounding, vibrating or otherwise stimulating the same with hands, other parts of the human body, mechanical devises, creams, ointments, oils, alcohol or any other means of preparations to provide relaxation or enjoyment to the recipient. The following uses shall not be included in the definitions of a massage parlor:

1.

Establishments which routinely provide such services by a licensed physician, a licensed physician's assistant, a licensed chiropractor, a licensed osteopathy, a licensed physical therapist, a licensed nurse practitioner, a therapeutic massage practitioner as defined in this chapter or any other similarly licensed medical professional;

2.

Fitness center;

3.

Electrolysis treatment by a licensed operator of electrolysis equipment; and

4.

Hospitals, nursing homes, medical clinics or medical offices.

(h)

An adult model studio. Any place where, for any form of consideration or gratuity, figure models who display "specified anatomical areas" are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such considerations or gratuities, except that this provision shall not apply to any bona-fide art school or similar educational institution.

(i)

An adult personal service business. A business having as its principal activity a person, while nude or while displaying "specified anatomical areas", providing personal services for another person. Such businesses include, but are not limited to modeling studios, body painting studios, wrestling studios, and conversational parlors.

(j)

An adult sexual encounter center. Any business, agency, or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in "specified sexual activities" or exposing "specified anatomical areas".

(2)

Significant portion. As used in the above definitions, the phrase "significant portion" shall mean and include:

(a)

Any one or more portions of the display having continuous duration in excess of five minutes; and/or

(b)

The aggregate of portions of the display having a duration equal to ten percent or more of the display; and/or

(c)

The aggregate of portions of the collection of any materials or exhibits composing the display equal to ten percent or more of the display.

(3)

Display. As used in the above definitions, the word "display" shall mean any single motion or still picture, presentation, dance or exhibition, live act or placing of materials or engaging in activities on or in a newsstand, display rack, window, showcase, display case or similar place so that the material or activity is easily visible to the general population whether for free or otherwise.

(4)

Specified sexual activities. As used in the above definitions, the phrase "specified sexual activities" shall mean and include:

(a)

Human genitals in a state of sexual stimulation or arousal;

(b)

Acts of human masturbation, sexual intercourse or sodomy;

(c)

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast; and

(d)

Appearing in a state of nudity.

(5)

Specified anatomical areas. As used in the above definitions, the phrase "specified anatomical areas" shall mean and include:

(a)

Less than completely and opaquely covered: (a) human genitals, pubic region (b) buttocks, and (c) female breast below a point immediately above the top of the areola; and

(b)

Human genitals in a discernibly turgid state, even if completely and opaquely covered.

(6)

Regulated uses. Those uses and activities which require licenses, approval or permits by township regulations.

(7)

Sexually oriented business merchandise/products. Sexually oriented business merchandise/products means any book, magazine, periodical, slide, picture, photograph, drawing, sculpture, software, video cassettes or discs, video reproductions, or motion picture film, activity or other printed, electronic recorded or visual representation or image or novelty item which has as a significant portion of its content or exhibit matter of actions depicting, describing, or relating to "specified sexual activities" or "special anatomical areas", such as but not limited to, depiction of uncovered or less than opaquely covered human or animal genitals or pubic areas, human sexual intercourse, human or animal masturbation, oral or anal intercourse, human-animal intercourse, excretory functions, physical stimulation or touching of genitals or pubic areas, or flagellation or torture by or upon a person who is nude or clad in revealing costumes in the context of sexual stimulation. The merchandise/products shall be judged without regard to any covering which may be affixed or printed over the merchandise/products or activity in order to obscure genital areas in a depiction which otherwise would fall within the definitions of this section. Works of artistic, anthropological, scientific, library or medical significance, which taken as a whole have serious literary, artistic, political or scientific value, are not intended to be included within the definitions of this section. This definition is intended to include any merchandise/products which result from any technology, whether that technology is available on the effective date of this amendment or becomes available after that date.

(8)

Adult novelty items. Any object, substance, instrument, paraphernalia, item or devise offered for sale which is distinguished, designed, or characterized by an emphasis on matters relating to "specified sexual activities", or sexual stimulation or arousal of "specified anatomical areas".

(C)

Dispersal regulations.

(1)

No sexually oriented business shall be located within 1,000 feet of any other sexually oriented business or within 1,000 feet of any of the following uses:

(a)

Any Class "C" establishment licensed by the Michigan Liquor Control Commission;

(b)

Pool or billiard halls;

(c)

Coin operated amusement centers;

(d)

Teenage discos or dance halls;

(e)

Ice or roller skating rinks;

(f)

Pawn shops;

(g)

Indoor or drive-in movie theaters;

(h)

Any public park;

(i)

Any church (or other religious site or structure where a person or persons worship or gather);

(j)

Any public or private school having a curriculum including kindergarten or any one or more of the grades one through 12;

(k)

Any child care center or nursery;

(l)

Any adult foster care facility;

(m)

Any senior citizen's center; and

(n)

Any other regulated uses as defined herein.

(2)

Such distance shall be measured along the center line of the street or streets or address between two fixed points on the center lines determined by projecting straight lines from the part of the above listed uses nearest to the contemplated location of the structure containing the sexually oriented business and from the contemplated location of the structure containing the sexually oriented business nearest to a use listed above.

(3)

Prohibited zone. No sexually oriented business shall be located within 1,000 feet of any area zoned residential. Such required distances shall be measured by a straight line between a point on the boundary line of a zoned residential area nearest to the contemplated structure or contemplated location of the structure containing the sexually oriented business to a point on the contemplated structure or contemplated location of the structure containing the sexually oriented business nearest to the boundary line of a zoned residential area.

(D)

Age/visibility restrictions.

(1)

No person under 18 years of age shall be permitted to enter any portion of the premises of a sexually oriented business where sexually oriented business products are displayed.

(2)

A sexually oriented business which sells or displays videotapes, discs or cassettes of general interest but also has a section or segment of the establishment devoted to the sale or display of sexually oriented business merchandise/products which distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified anatomical areas" or "specified sexual activities"; as both are defined herein, shall provide for the display of such materials in a fully enclosed room with solid walls and doors separate from the common area of the premises and which totally obstructs viewing from the outside. The door shall have self-closing mechanism and shall be clearly marked "Adults Only".

(3)

All entries, windows and other building openings for a sexually oriented business shall be located, covered, screened in such a manner as to prevent anyone from being able to view or otherwise observe the interior of the sexually oriented business from any vantage point outside of the business.

(E)

Advertising/signage limitations. Signs advertising sexually oriented businesses and sexually oriented business merchandise/products shall be permitted, subject to the following limitations and restrictions:

(1)

Any signs advertising the existence of any sexually oriented business shall not exceed a total aggregate area of 20 square feet;

(2)

Any signs, advertisements, displays or any other material promoting sexually oriented business merchandise/products shall not be displayed, shown or exhibited in any manner that allows them to be viewed by the public from any vantage point outside of the business;

(3)

Any signs advertising the existence of any sexually oriented business shall not be illuminated by any type of flashing, blinking or strobe lights;

(4)

Any signs advertising the existence of any sexually oriented business shall not be located within the public right-of-way;

(5)

Any signs advertising the existence of any sexually oriented business shall not be illuminated or located in any manner which causes it to be a traffic hazard or have a negative or detrimental effect on any surrounding land use; and

(6)

Any signs advertising the existence of a sexually oriented business shall only be located on the property for which a conditional use permit to operate a sexually oriented business has been granted.

(Ord. § 713, 11-9-2015)

General hospitals are permitted in the C-1, general retail and C-2, commercial/light industrial districts subject to the requirements of this chapter and the following conditional requirements:

(A)

Site area. All such hospitals shall be developed on sites consisting of at least five acres in area for the first 100 beds or less plus one acre for each additional 25 beds.

(B)

Access. The proposed site shall have at least one property line abutting a major thoroughfare and vehicular ingress to and egress from the site shall be directly onto such thoroughfare.

(C)

Traffic safety. The site plan shall show that a proper relationship exists between the abutting thoroughfare and any proposed service roads, driveways, and parking areas to encourage pedestrian and vehicular traffic safety.

(D)

Protection of adjacent property. All the development features, including the principal building and any accessory buildings, open spaces, and all service roads, driveways and parking areas, shall be so located and related to minimize the possibility of any adverse effects upon adjacent property.

(Ord. § 714, 11-9-2015)

Golf courses are permitted in the RP, resource production districts subject to the requirements of this chapter and the following conditional requirements:

(A)

Accessory uses. Major accessory uses such as a restaurant and bar shall be housed in a single building with the clubhouse. Minor accessory uses strictly related to the operation of the golf course itself, such as a maintenance garage and pro shop or golf shop, may be located in separate structures. No structure shall be located closer than 75 feet to the lot line of any adjacent residential land or to any existing or proposed public right-of-way.

(B)

Parking areas. All parking areas shall be paved and constructed in accordance with the standards of this chapter.

(C)

Access. All ingress to and egress from the site shall be directly onto a major or secondary thoroughfare (as defined in the township thoroughfare plan).

(D)

Lighting. All outdoor lighting shall be shielded to reduce glare and arranged so as to reflect the light away from abutting residential areas.

(E)

Swimming pool fencing. Whenever included, swimming pools shall be provided with a protective fence not less than six feet in height, and entry shall be provided by means of a controlled gate or turnstile.

(Ord. § 715, 11-9-2015)

Public, private or commercial kennels may be permitted upon conditional approval in the RP, resource production and I, industrial districts subject to the following conditions. Veterinary clinics may be permitted upon conditional approval in the RR-1, RR-2, RR-3, rural residential and C-2, commercial/light industrial districts.

(A)

Kennels and veterinary clinics with kennels are located on a continuous parcel of land five acres or more in area.

(B)

That no building(s) or runs shall be closer than 100 feet to any abutting property line and all runs or breeding areas shall be enclosed by a chain link fence not less than six feet in height.

(C)

For public or commercial kennels, one parking space shall be provided for every five kennel runs. For veterinary clinics parking requirements shall be in accord with those of professional offices of doctors, dentists or similar professions (section 150.053). All off-street parking shall be paved and constructed to the standards of this chapter.

(D)

That the planning commission may require adequate means of noise control, including, but not limited to buffering, use of berms, inside night time (also potentially day time) housing of animals, and any other reasonable means to insure adequate protection and enjoyment of neighboring properties. Failure by the developer of a proposed kennel to demonstrate within his or her proposal that adequate means to noise control will be provided, shall be grounds to deny a conditional land use permit.

(Ord. § 716, 11-9-2015)

Large scale recreation uses, including golf driving ranges, gun clubs, outdoor shooting ranges, camper and/or tent parks, hay rides, picnic grounds, swimming facilities, kiddie-type rides, tracks and other constructed courses for off-road vehicles whether for personal use or public use, (but not including circuses, motorcycle and auto racetracks, and horse or dog tracks) may be permitted in the C-2, commercial/light Industrial district as a permitted use and in the RP, resource production and I, Industrial districts upon conditional approval subject to the requirements of this chapter and the following conditional requirements:

(A)

Site requirements.

(1)

All approved uses shall be contiguous onto a thoroughfare having a designated right-of-way on the township's adopted thoroughfare plan of not less than 66 feet.

(2)

Review of the proposed site plan must show that a proper relationship exists between the major or secondary thoroughfare and all proposed service roads, driveways, and parking areas to encourage pedestrian and vehicular traffic safety.

(B)

Yard and building placement requirements.

(1)

All development features, including the principal building, shall be related to minimize the possibility of any adverse effect upon adjacent property. This shall mean a minimum distance of 200 feet to the property line of abutting residentially zoned lands and public rights-of-way; provided that, where topography conditions are such that the building would be screened from view, this requirement may be modified.

(2)

No activity shall take place within 30 feet of the perimeter of the recreation area. All such activities shall be adequately screened from abutting residentially zoned property by means of a protective screening as described in section 150.055.

(3)

Related accessory commercial uses may be permitted in conjunction with recreation use when they are clearly incidental to the main recreational character of the use. Such related accessory uses shall not include the sale, servicing, or repair of any vehicles or equipment used on the site except those owned by the proprietor.

(4)

Permitted accessory uses which are generally of a commercial nature shall be housed in a single building. Minor accessory uses which are strictly related to the operation of the recreation use itself, such as a maintenance garage, may be located in a separate building.

(C)

Other requirements.

(1)

Swimming pool fencing. Whenever a swimming pool is to be provided, the pool shall be provided with a protective fence six feet in height, and entry shall be by means of a controlled gate.

(2)

Gun clubs. When a gun club is proposed, it shall be clearly established that the activities shall in no way endanger the health, safety or welfare of any persons and will not become a nuisance in any manner whatsoever.

(3)

Off-street parking. Off-street, paved parking shall be permitted in accordance with this chapter, except that the board of appeals may waive requirements for paved parking areas, maneuvering lanes and drives for campgrounds, parks, riding stables and other recreational uses where, because of their rural or rustic nature, hard-surfaced parking would detract from the nature of the recreational experience.

(Ord. § 717, 11-9-2015)

Child care centers, nursery schools, and day nurseries (see definition) may be permitted in the in the R-1, RR-1 and RR-2, residential districts subject to the following conditional approval requirements:

(A)

The child care center shall be licensed by the Michigan Division of Child Day Care Licensing, which includes minimum outdoor play area requirements.

(B)

Adequate ingress and egress, parking and circulation shall be provided on the site, including a drop-off/pick-up area for children, outside of any public right-of-way.

(Ord. § 718, 11-9-2015)

A convalescent or rest home, or a home for the aged, indigent or physically handicapped, or an orphanage, is permitted in the C-1, general retail district subject to the requirements of this chapter and the following conditional requirements:

(A)

Site requirements.

(1)

All ingress and egress shall be directly onto a public road having a planned right-of-way of not less than 66 feet as indicated on the township's adopted thoroughfare plan.

(2)

The maximum extent of development shall not exceed 30 children or patients per acre.

(B)

Yard and building placement requirements. No building other than a structure for strictly residential purposes shall be closer than 60 feet to any property line.

(C)

Off-street parking requirements.

(1)

There shall be one parking space provided for each two beds and every two staff members.

(2)

All off-street parking shall be paved and constructed to the standards shown in section 150.053.

(Ord. § 719, 11-9-2015)

Outdoor theaters shall be permitted within I, industrial districts and only when the subject site is surrounded by an I, industrial district. Outdoor theaters shall further be subject to the following conditional requirements:

(A)

The proposed internal design shall receive approval from the zoning administrator and the township engineer as to adequacy of drainage, lighting, screening and other technical aspects.

(B)

Outdoor theaters shall abut directly upon a paved major thoroughfare of not less than 66 feet of right-of-way.

(C)

Points of ingress and egress shall be available to the outdoor theater only from abutting paved major thoroughfares of not less than 66 feet of right-of-way width and shall not be available from any residential street.

(D)

All vehicles waiting or standing to enter the facility shall be provided off-street waiting space. No vehicle shall be permitted to wait or stand within a dedicated right-of-way.

(E)

The area shall be laid out so as to prevent the movie screen from being viewed from residential areas or adjacent major thoroughfares. All lighting used to illuminate the area shall be so installed as to be confined within and directed onto the premises of the outdoor theater site.

(Ord. § 720, 11-9-2015)

Public and private colleges and universities and other similar institutions are permitted in the C-1, general retail, C-2, commercial/light industrial, and I, industrial districts subject to the requirements of this chapter and the following conditional requirements:

(A)

Site requirements. All ingress and egress shall be directly onto a paved public road having a planned right-of-way of not less than 66 feet as indicated on the township's adopted thoroughfare plan.

(B)

Yard and building placement requirements.

(1)

No building other than a structure for residential purposes shall be closer than 75 feet to any property line.

(2)

Height of residential buildings in excess of the minimum requirements may be allowed provided minimum yard setbacks where yards abut land zoned for residential purposes are increased by not less than 30 feet for each yard, for each 12 feet or fraction thereof by which the building exceeds the maximum height requirements of the zone.

(3)

Those buildings to be used for servicing or maintenance, such as heating plants, garages, storage structures and the like, shall not be located on the outer perimeter of the site where abutting property is zoned for residential purposes.

(C)

Off-street parking requirements.

(1)

The quantity of parking spaces shall be such as to adequately service the faculty, students and maintenance staff of the institution and provide property for access to the public streets.

(2)

All off-street parking shall be paved and constructed to the standards of this chapter.

(Ord. § 721, 11-9-2015)

Because racetracks, including midget auto, motorcycle, karting, snowmobile, and other motor vehicle tracks, and similar facilities, develop a concentration of vehicular traffic in terms of ingress to and egress from their parking area and cause noise levels, which may project beyond the property so used, they shall be permitted as a conditional use in the I, industrial district when located adjacent to a paved major thoroughfare and shall be located on a parcel of land that is abutting land zoned for industrial purposes on all sides of the subject parcel, and shall be subject further to the following conditions and such other controls as deemed necessary to promote health, safety and general welfare in the township:

(A)

All parking shall be provided as off-street parking within the boundaries of the development.

(B)

All access to the parking areas shall be provided from a paved major thoroughfare.

(C)

All sides of the development not abutting a major thoroughfare shall be provided with a 20-foot greenbelt planting and solid masonry wall so as to obscure from view all activities within the development and to reduce noise. The planting shall be in accordance with section 150.055.

(Ord. § 722, 11-9-2015)

Outdoor business sales and storage, including motor vehicles sales, manufactured home sales, recreational vehicles, travel trailers and boats, including both rental and sales; are permitted uses in the C-2, commercial/light industrial district subject to the below requirements, and upon conditional approval in the C-1, general retail district subject to the following conditional requirements:

(A)

A minimum of 1,500 square feet of lot area is required for each one sale vehicle or other unit.

(B)

All lighting shall be shielded from adjacent uses in such a manner that it does not project beyond the property line (see section 150.064).

(C)

Ingress to and egress from the site shall be at least 50 feet from a street intersection or adjacent residential district.

(D)

When adjacent to R-1, RR-1, RR-2 and RR-3 residential districts or SP, scenic preservation districts, there shall be provided a completely obscuring masonry wall, four feet six inches in height, along the abutting district.

(E)

There shall be no strings of flags or bare light bulbs, or flashing illumination or extra non-permitted signage or advertising devices of any kind, anywhere on the site.

(Ord. § 723, 11-9-2015)

Public utilities buildings, including telephone exchange buildings and repeater stations, electric transformer substations and stations and gas regulator stations (all without storage yards), when operation requirements necessitate the locating within the district in order to serve the immediate area, are permitted in the R-1, RR-1, RR-2 and RR-3 residential districts and SP, scenic preservation districts, subject to the requirements of this chapter and the following conditional conditions:

(A)

An obscuring wall or screening shall be provided in accordance with section 150.055.

(B)

All parking and driveway areas shall be paved.

(Ord. § 724, 11-9-2015)

Bed and breakfast establishments may be permitted as a conditional land use in the R-1, residential, RR-1, RR-2 and RR-3 rural residential, SP, scenic preservation and RP, resource production districts subject to the provisions of this chapter and to the following additional requirements:

(A)

The rooms utilized are not specifically constructed for rental purposes. A bed and breakfast establishment shall consist of a single residential structure of at least 2,000 square feet of gross floor area.

(B)

Adequate living space must be preserved for the owner/innkeeper quarters; this must include a separate bedroom for owner/innkeeper and bedrooms for other family members residing on the premises.

(C)

The establishment shall provide no fewer than two bedrooms nor more than eight bedrooms available for rental.

(D)

Rooms for sleeping shall have a minimum size of 90 square feet for single occupancy rooms, 100 square feet for double occupancy rooms, 150 square feet for triple occupancy rooms, and 200 square feet for four person rooms. There shall be a maximum of four occupants per room. Each sleeping room shall have one wall dimension of not less than seven feet in length.

(E)

There shall be a minimum of one full bath for every three guest rooms.

(F)

One non-illuminated sign is permitted subject to the requirements of sections 150.080 through 150.092.

(G)

Food may be served only to those persons renting a room and only during their stay.

(H)

It is the intent of the township to allow the option of this use (bed and breakfast establishment) as an economic means of preserving structures which are historically or architecturally significant.

Therefore, the structure must be placed on (or be eligible for) the state or national register of historic places. Alternatively, structures may be eligible upon a determination by the planning commission that they are significant and authentic residential structures of a period, style, architectural movement, or method of construction, or if they are the most notable work of the best surviving work in a given region of a pioneer architect or master builder, or if they are associated with an individual who had a profound influence on the history of the area, region, or state. Birth place, place of death, or interment shall not be considered unless something of historical importance is connected with his birth or death.

(I)

A guest registry shall be maintained and shall be available for inspection by the zoning administrator.

(J)

Off-street parking shall be provided in accordance with section 150.053 requirements for a motel, hotel, or other commercial lodging establishment. Off-street parking, access drives, and maneuvering lanes shall be provided.

(K)

The planning commission shall consider and determine under the general requirements and procedures (sections 150.125 through 150.140.16) for conditional land uses, the degree to which, if any, that the requirements under sections 150.128 and 150.129 shall apply.

(Ord. § 725, 11-9-2015)

Group day care home with seven to 12 children (as defined under Public Act of 116 of 1973, as amended, see definition) may be permitted as a conditional land use in the R-1, residential, RR-1, RR-2 and RR-3 rural residential, SP, scenic preservation and RP, resource production districts subject to the requirements of this chapter and the following conditional requirements:

(A)

Adequate ingress and egress, parking and circulation shall be provided on the site.

(B)

The lot or parcel on which such use is located shall be located no closer than 1,500 feet to any of the following:

(1)

Another group day care home.

(2)

An adult foster care group home licensed by the Michigan Department of Social Services.

(3)

A facility offering substance abuse treatment and rehabilitation service to seven or more persons, licensed by the Michigan Office of Substance Abuse Services.

(4)

A community corrections center, resident home, halfway house, or similar facility which houses an inmate population under the jurisdiction of the Michigan Department of Corrections.

(C)

The construction and use shall be licensed by the Michigan Department of Social Services prior to beginning operation, which has minimum regulations and requirement regarding play space.

(Ord. § 726, 11-9-2015)

Landing areas for the private use of the property owner are a permitted use in I, industrial district and may be permitted as a conditional land use in the RR-3, rural residential and RP, resource production districts as an accessory use to a single-family dwelling; subject to the following provisions (for both permitted and conditional uses):

(A)

Said landing area is subject to all rules and regulations of the Federal Aviation Administration and the Michigan Aeronautics Commission which agencies shall approve the preliminary plans submitted to the township.

(B)

No landing area for private use shall be established within five miles of a public use facility certified by the Michigan Aeronautics Commission without approval of said commission. No landing area for private use shall be established within a two-mile radius of another landing area.

(C)

All landing areas shall have a minimum runway with an 1,800-foot landing length in each direction from a clear approach slope of 20:1 and a 100-foot usable width with an additional 50-foot minimum width on each side which is free of obstructions. The approach slope with a width of not less than 200 feet shall be based on a clearance of all objects within the approach area, including a roadway clearance of 15 feet or 17 feet over an interstate highway, a railway clearance of 23 feet, and a clearance at the property line of 25 feet. The landing area shall be marked in accordance with Michigan Aeronautical Commission standards.

(D)

No landing area shall be approved that would interfere with the right of nearby and adjacent owners and occupants of property to peaceful enjoyment of their property. Adjacent property owners shall not be required under any circumstances to accommodate a proposed private use landing area (e.g. trim or remove trees, limit or remove construction, curtail occupancy, limit or reduce height of structures) beyond those limits and regulations which might normally apply to their property(ies) under this chapter.

(E)

Hazards to navigation. No obstruction of whatever character, object of natural growth, or use of land, upon the premises of the landing area which prevents the safe use of such facilities for the takeoff or landing of aircraft shall be permitted.

(F)

Yard and placement regulations.

(1)

The site shall not abut directly or across a street a R-1, residential, RR-1 or RR-2, rural residential, or SP, scenic preservation district.

(2)

Landing areas shall be located on a contiguous parcel of land not less than 25 acres in area. The parcel shall have a width of not less than 450 feet. The parcel shall have a depth of not less than 2,400 feet. It is not required that the necessary clear zones be contained within the site, however, if future development intrudes upon the required clear zones, use of the landing area shall immediately cease, unless adequate and appropriate easements are first obtained and recorded by the private use landing area owner.

(G)

In the RR-3, rural residential and RP, resource production districts, the property owner shall construct a residence within two years or be required to obtain a two year renewable license from the governing township authority.

(H)

All lights used for landing areas and other lighting facilities shall be arranged so as not to reflect towards adjoining non-landing area uses.

(I)

Prohibited uses.

(1)

The open storage of junked or wrecked motor vehicles or aircraft shall not be permitted.

(2)

Use of a private use landing area is limited solely to the single owner. No commercial activity or operations (such as the sale of gasoline or oil, the soliciting or engaging in charter flying or student instruction, the provision of shelter or the tie-down of an aircraft (except owner's), the overhaul or repair of an aircraft or of engines, or otherwise offering aeronautic facilities or services to the public) shall be permitted on the premises.

(J)

Private use helicopter landing fields shall conform to all of the above regulations, except for those regulations intended to clearly apply only to airplane landing areas. Placement and operation of helicopter landing facilities shall otherwise comply with all regulations of the Michigan Aeronautics Commission and the Federal Aeronautics Administration (FAA).

(Ord. § 727, 11-9-2015)

Drive-in, fast food, drive-through or carry-out restaurants may be permitted in the C-1, general retail and C-2, commercial/light industrial district subject to the following conditional requirements:

(A)

Ingress and egress points shall be located at least 30 feet from the intersection of any two streets measured from the intersection of the street right-of-way to the nearest end of the curb radius and shall be directly from a major thoroughfare having an existing or proposed right-of-way of at least 66 feet in width.

(B)

The minimum distance of any driveway to the property line shall be seven feet. The minimum distance between driveways on the site shall be 65 feet measured from the two closest driveway curbs or edges of pavement.

(C)

When a building or portion of building is used for said purposes, it must be located not less than 500 feet from an elementary, intermediate, or secondary school, and not less than 300 feet from a church, nursing home, or a home for the aged.

(D)

Any unpaved area of the site shall be landscaped with lawn or other horticultural materials, maintained in a neat and orderly fashion at all times, and separated from the paved parking area by a raised curb or other equivalent barrier.

(E)

Concrete curbing six inches in height shall be properly placed and maintained along or parallel to all property lines, except where bumper guards are required and except across approved driveways so as to prevent vehicular encroachment onto or over the adjoining property or vehicular damage to buildings.

(F)

All outside trash receptacles (except those intended for use by the customer) shall be located within an enclosure, a minimum of six-feet in height, constructed of masonry material and covered with facing material to match the main building and shall be provided with opaque, solid wood gates of the same height. In addition, two trash receptacles for use by the customer shall be placed in a manner reachable by the customers from their car windows at each point where exit drives empty onto a public street; said receptacles shall be emptied as often as is necessary to insure their efficient and continued use by the customer.

(G)

For drive-through restaurant facilities an off-street waiting area shall be provided. On the same premises with every building, structure or part thereof, erected and occupied for the purpose of serving customers in their vehicles by means of a service window or similar arrangement, there shall be provided a minimum of six off-street waiting spaces for each service (product delivery) window, which shall not block parking spaces or loading space(s). A waiting space shall be a minimum of 23 feet long by ten feet wide.

(Ord. § 728, 11-9-2015)

Motor vehicle repair and service facilities may be permitted in the C-1, general retail and C-2, commercial/light industrial districts, subject to the following conditional requirements:

(A)

Activities shall be conducted in an enclosed building.

(B)

All buildings shall be set back not less than 40 feet from all existing or planned street right-of-way lines, whichever is greater.

(C)

No signs, storage nor display of any kind shall be allowed within the street right-of-way. All signs and display shall be so located as not to obstruct view of drivers in vehicles entering, exiting, or traveling upon a street.

(D)

There shall be no outside storage or display of any kind except for the display of new merchandise related to the primary use of the facility and for retail sale during the hours of operation of the facility.

(E)

There shall be no outdoor parking of damaged motor vehicles except on a temporary basis. Junk parts and junk vehicles shall not be kept on the outside of the building.

(F)

Parking shall be provided on the site at a ratio of one parking space for each 100 square feet of building site area.

(G)

Automobile, truck or trailer renting and leasing may be permitted in connection with motor vehicle repair and service facilities subject to the provisions that the number of automobiles, trucks or trailers on site that are available for lease shall not exceed one automobile, truck or trailer for each 1,000 square feet of lot area and shall not be located in areas that are required for parking, aisles, service bays, loading, landscaping or sidewalks.

(H)

The parking of tow trucks shall be permitted only in designated areas and shall not be permitted in the corner clearance areas.

(Ord. § 729, 11-9-2015)

Motor vehicle washing, conveyor or non-conveyor types, may be permitted in the C-1, general retail and C-2, commercial/light industrial districts when completely enclosed in a building, except for points of ingress and egress, and subject to the following conditional requirements:

(A)

All cleaning operations shall be completely enclosed within a building.

(B)

A hard-surfaced driveway of one or more lanes shall be constructed on the parcel in such a manner as to provide for a continuous movement of vehicles into a washrack(s) or washing conveyor line(s).

(C)

The driveway so provided shall be not less than ten feet wide for a single lane and not less than ten additional feet in width for each additional lane.

(D)

Where only a single lane is provided, it shall be used for no other purpose than to provide access to a wash rack(s) or washing conveyor line. All lanes provided shall be suitably protected from interference by other traffic.

(E)

The total length of the required lane or lanes so provided for a conveyor type wash line shall be determined by the overall length of the building, including areas having side walls but no roof. In any building where the washing operation moves in other than a straight line, the length of the building, for the purposes of this section, shall be the distance measured along the centerline of the conveyor or wash line from the point of entry to the point of exit from the building. The overall length of the required lane or lanes, as measured along the centerline, shall be determined in accordance with the following formula:

Where the building is 80 feet or less in overall length, the total required lanes shall be not less than 400 feet in length. Where the building exceeds 80 feet in length, the length of the required lane or lanes shall be increased 50 feet for each ten feet of or fraction thereof by which the building exceeds 80 feet in overall length.

(F)

For a non-conveyor type auto wash, five waiting spaces, each 20 feet in length, shall be provided for each washing stall on the entrance side of the stall and two spaces per stall shall be provided on the exit side for a drying area.

(G)

The site shall be designed in such manner that no operations are conducted off the parcel.

(H)

A building setback of at least 60 feet must be maintained from the planned or existing street right-of-way.

(I)

Ingress and egress points shall be located at least 60 feet from the intersection formed by the existing or planned right-of-way lines, whichever is greater, and shall be directly from a major thoroughfare.

(J)

The site shall be drained so as to dispose of all surface water in such a way as to preclude drainage of water onto adjacent property.

(K)

Gasoline sales may be permitted on the property subject to site plan approval.

(Ord. § 730, 11-9-2015)

Intent. A utility grid wind energy system (wind farm) is a wind energy system that is designed and built to provide electricity to the electric utility grid. These wind farms are intended to be so constructed and located to be compatible with other land uses such as timber production, farms and heavy industrial uses, while protecting and being distant from residential developments. An anemometer tower shall abide by the same regulations below for a utility grid wind energy system and shall be removed before a utility grid wind energy system is installed. Utility grid wind energy systems may be permitted as a conditional use in the RP, resource production and I, industrial districts subject to the following conditions:

(A)

Setbacks. Any towers shall be setback a minimum of 1,320 feet from the R-1, residential one, RR-1, rural residential one, RR-2, rural residential two, RR-3, rural residential three and SP, scenic preservation districts, and one-thousand feet from any existing off-site residence. Furthermore, the base of any tower shall be setback from the nearest property line, a distance of not less than one and one-half times the height of the tower. In addition, no part of the wind energy system, including any guy wire anchors, may extend closer than 40 feet to any property line or existing right-of-way line, unless a plan for location(s) of accessory structures and equipment is presented (including screening) and is approved as part of the site plan. Land included within such minimum setback areas from a property line shall remain undivided and undeveloped with other structures not accessory to the tower.

(B)

Noise. Sound pressure levels shall not exceed 55 dB(A) at the property line closest to the wind energy system. This sound pressure level may be exceeded during short-term events such as utility outages and/or severe wind storms. If the ambient sound pressure level exceeds 55 dB(A), the standard shall be ambient dB(A) plus five dB(A).

(C)

Shadow flicker. Prior to a zoning compliance permit and prior to a building permit being issued, the applicant must demonstrate to the zoning administrator that no adverse shadow flicker impact will occur from sunrise to sunset throughout the year on any occupied buildings and lands of adjacent properties. The zoning administrator, if in doubt, may refer the matter to the planning commission. The planning commission may require that the potential of an adverse shadow flicker impact be studied by an independent consultant, knowledgeable on the subject. The study shall recommend one or more means by which the impact(s) (if any) can be avoided (including whether or not to construct) or mitigated. The applicant must deposit in advance sufficient funds with the township to pay for the study.

(D)

Safety.

(1)

Clearances. The minimum vertical blade tip clearance from grade shall be 30 feet for a wind energy system employing a horizontal axis rotor. Blade or rotor arc must be demonstrated to be a safe and reasonable distance (at least 20 feet) from any separate building, structure, utility wire, or tree.

(2)

Guy wire visibility. If a wind energy system tower is supported by guy wires, the wires shall be clearly visible to a height of a least six feet above the guy wire anchors.

(3)

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

(4)

Lightning. All wind energy system towers shall have lightning protection.

(E)

Construction codes, towers and interconnection standards. Wind energy systems, including towers, shall comply with all applicable state construction and electrical codes and local building permit requirements. Wind energy systems, including towers, shall comply with Federal Aviation Administration requirements, the regulations of the Michigan Aeronautics Commission, and the Michigan Tall Structures Act. If a utility grid wind energy system is attached to a building(s) or structure(s), it must be approved by the county building inspector and must be found to be in accordance with all applicable state construction and electrical codes.

(F)

A utility grid wind energy system (wind farm) may exceed district height limits. Multiple towers are permitted.

(G)

Miscellaneous requirements.

(1)

Electromagnetic interference. No wind energy system shall be installed in any location where its proximity to existing fixed broadcast, retransmission, or reception antennae for radio, television, or wireless telephone or other personal communication systems would produce electromagnetic interference with signal transmission or reception unless the applicant provides a replacement signal to the affected party that will restore reception to at least the level present before operation of the wind energy system. The applicant shall submit documentation from the manufacturer which demonstrates that the wind energy systems' generation of electromagnetic energy falls within a range that minimizes or eliminates any off-site interference.

(2)

Vibration/enhanced wind currents. No wind energy system generated vibrations or enhanced wind currents shall be humanly perceptible beyond the property boundaries of the lot or parcel on which the wind energy system is located.

(3)

The manufacturer's material safety data sheet(s) shall be provided to the township with the application. Documentation shall include the type and quantity of all materials used in the operation of all equipment including, but not limited to, all lubricants and coolants.

(4)

The applicant shall provide documentation that the county road commission has been contacted, and if required, that a performance bond has been posted (or other measures have been taken) for the protection and/or restoration of all roads over which heavy equipment or materials will be transported.

(H)

Decommissioning. The utility grid wind energy system (wind farm) and all appurtenances thereto shall be removed from the site within one year after the wind energy system is no longer in use (not generating any electricity for over 12 continuous months). The owner of the land upon which the system is located shall be held responsible for such removal by the township. Therefore the land owner may want to be sure to make said removal by the wind energy company a requirement of their lease. A wind energy system which is not so removed shall constitute a public nuisance per se. The applicant shall post a bond (cash or irrevocable bank letter of credit) with the township in an amount sufficient for the removal of the utility grid wind energy system (wind farm) including all accessory buildings and structures, clean-up of site including removal of the foundations and restoration of the site to a condition equal to or better than that which existed prior to the installation of the system.

(I)

A developer may seek planning commission approval of a utility grid wind energy system (wind farm) incorporating a block of or group of properties under multiple, separate ownerships provided;

(1)

That all of the above regulations subsections (A)—(H) still apply, but to the whole rather than individual properties;

(2)

That a written agreement among the participating property owners has been signed and recorded at the county register of deeds; and

(3)

That the proposal does not leave one or more non-participating properties surrounded or otherwise isolated.

(Ord. § 731, 11-9-2015)

All uses in the RP, resource production district are on notice that earth removal, quarrying, gravel processing, and mining, as regulated in this chapter, may be permitted anywhere within this district with a conditional use permit. Specific performance standards for earth removal, quarrying, gravel processing, and mining operations are as follows:

(A)

Maximum depth of excavation shall not be below existing groundwater table.

(B)

Where necessary the commission may require the applicant to construct or improve a road to accommodate the truck travel necessitated by the operations as a condition to such operations, and for the purpose of routing traffic around residential areas and preventing the deterioration of existing roads which are not "all weather" roads. All access roads shall be considered part of the mining operation.

(C)

Setbacks.

(1)

All mining operations shall be a minimum of 90 feet from any public right-of-way, not including ingress and egress roads.

(2)

All mining operations shall be a minimum of 550 feet from any lake, stream or wetland.

(3)

All mining operations and all ingress and egress roads shall be a minimum of 90 feet from any other property line.

(4)

All mining operations shall be a minimum of 500 feet from any church or public park.

(5)

All mining operations shall be a minimum of 1,000 feet from any school, hospital or nursing home.

(6)

All mining operations and all ingress and egress roads shall be a minimum of 300 feet from an existing house on an adjacent property.

(7)

All ingress and egress roads shall be by the most direct route to a public right-of-way.

(8)

All ingress and egress roads will require a legal driveway permit.

(D)

Any on-site permanent processing plant shall not be located closer than 300 feet from any property line and adjoining public rights-of-way and shall, where practicable, be located at a lower level than the surrounding terrain to lessen visual and noise impacts.

(E)

(1)

Sight barriers shall be provided along all boundaries of the site where quarrying, gravel processing and mining is proposed which lack natural screening conditions through existing vegetative growth. The following minimum standards shall apply:

(2)

A continuous screen at least six feet in height is required to provide maximum screening of the site.

(a)

This landscape buffer may consist of earthen berms, and/or living materials.

(b)

Berms shall be constructed with slopes not to exceed a 1:3 gradient with side slopes designed and planted to prevent erosion, and with a rounded surface being a minimum of two feet in width at the highest point of the berm, and extending the length of the berm. Berm slopes shall be protected with sod, seed, shrubs or other forms of natural ground cover.

(F)

Nuisance abatement.

(1)

All equipment shall be maintained and operated in such a manner so as to eliminate, as far as practicable, excessive noise and vibrations which are not necessary in the operation of such equipment.

(2)

Air pollution in the form of dust and dirt shall be kept to a minimum by the use of equipment and methods of operation designed to avoid any excessive dust or dirt or other air pollution. Interior roads used in the operation shall have their surfaces treated to minimize any such nuisance.

(3)

A noise barrier shall be provided along all boundaries of the site where quarrying, gravel processing and mining is proposed, which lack sufficient existing vegetation to meet the minimum standards, as follows:

(a)

There shall be six rows of mixed evergreen trees of species recommended by the district forester, staggered six feet apart and no less than three years of age planted parallel to the boundaries of the property.

(b)

The spacing between rows shall not exceed six feet.

(c)

The spacing between trees within a row shall not exceed six feet.

(d)

The planning commission may allow the preservation of existing trees within the setback areas to qualify toward satisfying subsection (a) above.

(e)

A "performance guarantee" concerning the trees will be required.

(f)

The screening shall be maintained in a healthy condition, free from refuse and debris. All unhealthy or dead material shall be replaced within one year of damage or death, or at the next appropriate planting period, whichever comes first.

(G)

Reclamation of mined or excavated areas.

(1)

Earth removal, quarrying, gravel processing and mining, shall be considered temporary uses. Mined or excavated sites shall be reclaimed properly and in a timely fashion.

(2)

A "performance guarantee" shall be posted by the land owner with the township board to cover the estimated costs of reclamation. This "performance guarantee" shall be received by the township clerk within 30 days of the approved site plan. "Performance guarantee" as used herein shall mean a cash deposit, certified check, or irrevocable bank letter of credit, acceptable to the township, in the amount of the estimated cost of reclamation. It shall be subject to review and adjustment by the commission at the end of 12 months, and thereafter at two-year intervals.

(3)

Reclamation shall be completed as agreed upon by the commission and applicant in an approved development site plan.

(4)

Inactivity at a site for a continuous 12-month period shall constitute termination of mining activity and require that site reclamation commence and be completed.

(5)

Upon the failure of any operator to perform reclamation of the mining site in a proper and timely manner as agreed to in the approved site plan the "performance guarantee" will be forfeited. The township board shall use the funds to cover the cost of restoring the site and administrative cost incurred in so doing. Any cost in addition of those covered by the "performance guarantee" shall be billed to the operator and a lien placed against the subject property. If unpaid, the cost shall be collected in the same manner as delinquent taxes or as allowed by law.

(6)

Standards controlling reclamation.

(a)

Excavated areas shall not collect stagnant water.

(b)

Surface of such area which is not intended to be permanently submerged shall be graded or back-filled with non-toxic, non-flammable and non-combustible solids as necessary to produce a surface that will minimize wind and water erosion, and which will be generally compatible with the adjoining land area.

(c)

The banks of all excavation shall be sloped to the waterline in a water producing excavation and to the pit floor in a dry operation at a slope which shall not be steeper than one foot vertical to three feet horizontal.

(d)

Vegetation shall be restored within one year by the appropriate planting of indigenous grasses, trees, or shrubs to establish a permanent vegetative cover on the land surface and to minimize erosion.

(e)

Maintenance.

1.

Slopes and surfaces shall be maintained as agreed in the development site plan.

2.

Erosion areas shall be filled and the surface restored.

3.

All unhealthy or dead material shall be replaced within one year of damage or death, or at the next appropriate planting period, whichever comes first.

(f)

Reclamation plans shall follow the standards detailed for the most appropriate uses(s) allowed by this chapter.

(g)

Future uses shall conform with uses indicated in the township Master Plan or as approved in the development site plan.

(H)

Additional requirements for earth removal, quarrying, gravel processing or mining.

(1)

On the development site plan:

(a)

North point, scale and date;

(b)

Extent of the area to be excavated;

(c)

Location, width and grade of all easements or rights-of-way on or abutting the property;

(d)

Location of all existing and proposed structures on the property;

(e)

Site drainage features and flow directions indicated;

(f)

Bench marks;

(g)

Location of any bodies of water and wetlands on the proposed site or within 1,500 feet;

(h)

Areas to be used for ponding;

(i)

Depth to groundwater;

(j)

Processing, loading and storage areas;

(k)

Proposed fencing, gates, parking and signs;

(l)

Existing and proposed ingress-egress roads, on-site roads and proposed surface treatment and means to limit dust; and

(m)

Setback lines for all activities of the site.

(2)

An operational statement, which shall include at a minimum:

(a)

The approximate date of commencement of the excavation and the duration of the operation;

(b)

Amount and type of material or resources to be removed;

(c)

Method of extracting and processing, including the disposition of overburden;

(d)

Equipment proposed to be used in the operation of the excavation;

(e)

Location and type of processing plants, temporary and permanent;

(f)

Proposed hours and days of operation;

(g)

Operating practices proposed to be used to minimize noise, dust, air contaminants and vibrations;

(h)

Amount and source of water to be utilized in processing; and

(i)

Methods to prevent:

1.

Pollution of surface water or groundwater;

2.

Adverse effects on the quantity and quality of surface water and groundwater runoff from the property; and

3.

Adverse effects on wetlands both on and near the property.

(3)

A rehabilitation or reclamation plan that shall include as a minimum:

(a)

A reclamation statement and plan, including identification of post-mining land use, methods of accomplishment, phasing and timing;

(b)

A plan indicating any proposed structures to be built on the site, the final grade, i.e., post-mining topography of the excavation, any water bodies included in the reclamation, and methods planned to prevent stagnation and pollution, landscaping and areas of cut and fill;

(c)

The methods of disposing of any equipment or structures used in the operation of excavation upon completion of the excavation.

(Ord. § 732, 11-9-2015)