Burtchville Township
City Zoning Code

SPECIAL LAND

USE APPROVAL REQUIREMENTS

§ 154.090 SPECIAL LAND USE APPROVAL REQUIREMENTS.

(A) The formulation and enactment of this subchapter is based upon the division of the township into districts in each of which is permitted specified uses that are mutually compatible.

(B) In addition to the permitted compatible uses, however, certain other uses may be necessary or desirable to allow in certain locations in certain districts, but because of their actual or potential impacts on neighboring uses or public facilities there is a need to carefully regulate them with respect to their location.

(C) These uses, due to their peculiar location needs or the nature of the service offered, may have to be established in a district where they cannot be reasonably allowed as a permitted use.

(Ord. passed 6-28-2006)

§ 154.091 AUTHORITY TO GRANT PERMITS.

The Planning Commission, as provided by this subchapter, shall have the authority to grant special land use approval permits, subject to the conditions of design, operation and safeguards as may be determined for all special approval land uses specified in the various provisions of this chapter.

(Ord. passed 6-28-2006)

§ 154.092 APPLICATION AND FEE.

Application for any special land use approval permit permissible under the provisions of this chapter shall be made to the Planning Commission through the Township Clerk by filing an official special approval land use permit application form; exhibits and information; and depositing the required fee as established by resolution of the Township Board.

(Ord. passed 6-28-2006)

§ 154.093 DATA, EXHIBITS AND INFORMATION REQUIRED IN APPLICATION.

An application for a special land use approval permit shall contain: the applicant’s name and address in full; a statement that the applicant is the owner involved or is acting on the owner’s behalf; the address of the property involved; a site plan in accordance with § 154.150, except as provided herein, and a statement of supporting data, exhibits, information and evidence regarding the required findings set forth in this chapter.

(Ord. passed 6-28-2006)

§ 154.094 PUBLIC HEARING AND NOTICES.

(A) Upon receipt of an application for a special land use permit which requires a decision on discretionary grounds, one notice that a request for special land use approval has been received shall be published in a newspaper that circulates in the township, and sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet.

(B) The notice shall be given not less than 15 days before the date the application will be considered. If the name of the occupants is not known, the term “occupant” may be used in making notification.

(C) Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses or organizations, one occupant of each unit or spatial area shall receive notice.

(D) In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure.

(E) The notice shall:

(1) Describe the nature of the special land use request;

(2) Indicate the property that is the subject of the special land use request;

(3) State when and where the special land use request will be considered;

(4) Indicate when and where written comments will be received concerning the request; and

(5) Indicate the date, time and place where the public hearing on the special land use will be held.

(Ord. passed 6-28-2006; Ord. passed 7-6-2010)

§ 154.095 REQUIRED STANDARDS AND FINDINGS FOR MAKING DETERMINATIONS.

(A) The Planning Commission shall review the particular circumstances and facts of each proposed use with respect to the proposed site, lot or parcel.

(B) In addition to the specific standards applicable to certain types of special land uses, as set forth beginning with § 154.099, the following required general standards shall comprise the Planning Commission’s criteria for reviewing and approving or rejecting a special land use application:

(1) Will be in accordance with the general objectives, intent and purposes of this chapter:

(a) Will be consistent with maintenance of the public health, safety and welfare; and

(b) Will be of a location, size and character that it will be in harmony with all applicable regulations of the zoning district in which it is to be located.

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

(3) Will be of a nature that will make vehicular and pedestrian traffic no more hazardous than is normal for the district involved, taking into consideration vehicular turning movements in relation to routes of traffic flow, proximity and relationship to intersections, adequacy of sight distances, location and access of off-street parking and provisions for pedestrian traffic, with particular attention to minimizing child-vehicle contacts in residential districts;

(4) Will be compatible with adjacent uses of land and the natural environment:

(a) Will be of a location, size and character that it will be in harmony with the appropriate and orderly development of the surrounding neighborhood;

(b) Will be designed so that the location, size, intensity, site layout and periods of operation of any proposed use shall eliminate any possible nuisance emanating therefrom which might be noxious to the occupants of any other nearby permitted uses, whether by reason of dust, noise, fumes, vibration, smoke or lights;

(c) Will be designed so that the proposed location and height of buildings or structures and location, nature and height of walls, fences and landscaping will not interfere with or discourage the appropriate development and use of adjacent land and buildings; and

(d) Will not cause substantial injury to the value of other property in the neighborhood in which it is located.

(5) Will promote the use of land in a socially and economically desirable manner; and

(6) Will relate harmoniously with the physical and economic aspects of adjacent land uses as regards prevailing shopping habits, convenience of access by prospective patrons, continuity of development, and need for particular services and facilities in specific areas of the township.

(Ord. passed 6-28-2006)

§ 154.096 DETERMINATION AND IMPOSITION OF CONDITIONS.

(A) If the facts in the case establish that the findings and standards set forth in this subchapter apply to the proposed use, and have been met, the Planning Commission shall grant special approval. In granting a special approval use permit, the Planning Commission may impose the reasonable conditions of use as is determined necessary to protect the best interest of the township and the surrounding property, and to achieve the objectives of this chapter.

(B) Conditions imposed shall meet all of the following requirements:

(1) Be designed to protect natural resources, the health, safety and welfare and the social and economic well being of those who will use 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;

(2) Be related to the valid exercise of the police power, and purposes, which are affected, by the proposed use or activity; and

(3) Be necessary to meet the intent and purpose of this subchapter, be related to the standards established in the ordinance for the land use or activity under consideration, and be necessary to ensure compliance with those standards.

(C) The conditions imposed with respect to the approval of a land use or activity shall be established in the record of the approval action, and shall remain unchanged except upon the mutual consent of the Planning Commission and the landowner. The Planning Commission shall maintain a record of conditions that subsequently are so changed.

(Ord. passed 6-28-2006)

§ 154.097 APPROVAL AND APPEAL PROCEDURES.

(A) Approval, grant of permit. Upon holding a public hearing, and findings that the applicant has satisfactorily met all the requirements of this subchapter, the Planning Commission shall within 30 days grant a special land use approval permit. The Planning Commission’s decision on a special approval land use application shall be incorporated in a statement that contains the conclusions relative to the special approval under consideration and that specifies the basis for the decision, and any conditions imposed. Upon approval, a special land use approval permit shall be issued to the applicant. The Planning Commission shall forward a copy of the permit to the applicant, Clerk and Zoning Administrator. This record shall be on file in the Clerk’s Office as well as being made a part of the site plan or building records for that parcel. The statement of conditions will be recorded in the County Register of Deeds.

(B) Appeal to Circuit Court. Decisions of the Planning Commission on special land uses shall be final. A person having an interest affected by a special land use decision of the Township Planning Commission may appeal to Circuit Court within the time allowed by law.

(Ord. passed 6-28-2006)

§ 154.098 VOIDING OF SPECIAL APPROVAL LAND USE PERMIT.

(A) A special land use permit shall lapse and cease to be in effect:

(1) If the special use has not commenced within 18 months of the approval date;

(2) If work has not commenced on structures or other property improvements shown on a site plan approved in the process of granting the permit;

(3) If the special use has been abandoned for a period of six months; or

(4) If work to complete the building of structures or to make other property improvements shown on the approved site plan has been abandoned for a period of six months.

(B) The Planning Commission may grant a special land use permit holder one or more six-month extensions of time if good cause is shown and the request for an extension is received by the Planning Commission chairperson prior to the permit’s expiration.

(C) If the special land use permit sent to the applicant and on file in the Township Clerk’s Office and recorded in the County Register of Deeds is dated and includes a notice of the above circumstances under which the permit can lapse and become void, the township is under no further obligation to notify the property owner before a permit is declared void.

(D) Violation of an approval requirement or of a condition imposed in accordance with § 154.096 shall be considered a violation of this subchapter and grounds for the Zoning Administrator to suspend the special approval land use permit until review by the Planning Commission.

(1) After notice to the permit holder and a hearing, the Planning Commission shall determine if a violation has indeed occurred.

(2) In the case of a violation, the Planning Commission shall direct the corrective action as it determines is necessary to bring conformance with this chapter, or the Planning Commission shall cancel the special approval land use permit in question.

(Ord. passed 6-28-2006)

§ 154.099 HIGH-PRESSURE GAS, HIGH-VOLTAGE ELECTRICAL TRANSMISSION LINES.

High-pressure gas transmission lines and high-voltage electric transmission tower lines may be permitted in any district subject to the following special land use approval requirements.

(A) General regulations.

(1) All the utility lines shall follow existing utility corridors, where possible and reasonable, as determined by the Planning Commission.

(2) The loss of any active agricultural use on property shown as prime or unique farmland on the soil conservation service’s important farmland map of the county shall be minimized to the greatest extent feasible consistent with the public interest and common good as determined by the Planning Commission.

(3) Selective clearing techniques shall be used throughout a utility corridor or property for installation of towers, lines, pipelines, service roads, drainage facilities and similar facilities. Existing vegetation shall be maintained, whenever possible, throughout the remainder of the corridor not affected by the actual installation of approved facilities.

(4) Noncompliance with any part of this subchapter, or any other township ordinance, shall be grounds for the township acting to withdraw its approval or conditional approval of any use regulated hereunder and to order the use to be discontinued.

(5) Prior to commencement of construction, any approvals granted hereunder are not transferable to others or to successors in interest, without first applying for such to the Planning Commission.

(6) The person or company granted privileges hereunder shall inform the Township Clerk on a continuing basis of the name, address and phone number of its employee who is responsible for receiving complaints and communications from the township.

(7) The existence of one line or facility approved hereunder does not imply permission to erect any other lines or facilities other than those originally permitted.

(B) Requirements for high-voltage electric transmission lines of 120kV or greater.

(1) High-voltage electric transmission lines of more than 345 kV shall not be located closer than 500 feet to occupied residences. Existing 345 kV lines shall not be energized at a higher voltage level when located closer than 500 feet to occupied residences.

(2) Corridor width shall be a minimum of two times the proposed tower height for all voltages so that accidental collapse of any tower will be confined to the utility right-of-way.

(3) Where operating voltages will exceed 345 kV, the township shall evaluate an area one-quarter mile on either side of the proposed electric corridor. The existing density of occupied dwellings per square mile shall not exceed 100 in any two-mile segment of this area. The applicant shall provide maps showing all information necessary to determine compliance with this standard.

(4) The electric field strength for all voltage levels shall not exceed 0.8 kV per meter, as measured at the edge of the corridor right-of-way.

(5) No such line or system shall cause radio or TV interference within residential dwellings in the township, and if that happens it will be considered a public nuisance, subject to abatement.

(6) “Danger-No Trespassing” signs shall be placed at all road crossings and the Planning Commission may require fencing at those road crossings that it determines are in need of additional protective measures.

(7) Any area destroyed by necessity in the construction of the approved facilities may be subject to conditions imposed by the Planning Commission for its immediate restoration by replanting or similar techniques.

(8) (a) Noise levels at the edge of the corridor right-of-way, that is the pressure level of sounds, shall not exceed the following decibel levels when adjacent to the following types of uses:

Sound Level	Adjacent Use	Where Measured
40 dBA	Residential	Common property line
40 dBA	Agricultural	Common property line
60 dBA	Commercial	Common property line
75 dBA	Industrial	Common property line

(b) The sound levels shall be measured using a weighted decibel measurement (referenced to 20 micropascals) and with a type of audio output meter approved by the U.S. Bureau of Standards. Where noise levels will exceed the above standards for the corridor width proposed, a widening of the corridor, consistent with these requirements, shall be required.

(9) During the construction or repair of any facilities approved hereunder, the following shall

be required:

(a) All internal roads shall be kept dust free by chemical treatment;

(b) Any damage to public or private roads, fences, structures or facilities shall be repaired immediately;

(c) No wastes or spoils of any kind, such as tree stumps, construction wastes, trash and the like, shall be left after construction or repair operations are complete; and

(d) All construction operations shall be confined to daylight hours - Monday through Saturday - unless permitted in writing by the Planning Commission.

(10) At the time a request is made for approval under this section, the person, partnership, corporation or public utility shall submit an estimated timetable for completion of the construction plans to the Planning Commission, and specifications of all equipment and facilities proposed for installation. The Planning Commission may require a performance bond with surety or an irrevocable bank letter of credit as a guarantee of completion of all approved facilities, and an agreement to indemnify, defend and hold harmless the township from any claims arising out of the construction or operation of a project approved herein.

(11) When the lines or systems interfere with a public road by crossing such or paralleling such, any person or company, upon five days notice, shall be required to raise the lines for necessary passage of any barn, building, house or other object over the public ways.

(12) If any court or the State Public Service Commission or other governmental body finds that such lines and systems are not necessary, such shall, upon exhaustion of appeals, be dismantled under regulation by the Planning Commission.

(13) The township may make reasonable requests to require the person or company granted privileges hereunder to file written reports of the current status of research on high-voltage electricity, and the reports shall be true and complete. Any privilege granted hereunder is subject to a continuing representation by the holder of such that the lines and systems are safe and have no chance of being detrimental to the health or safety of any person or the environment.

(14) After the construction of the line is completed and before regular operation is begun, the operating company shall retain the services of an independent testing laboratory, which shall test the line for compliance with the standards contained herein, and submit a report of the test results to the township.

(Ord. passed 6-28-2006)

§ 154.100 OUTDOOR THEATERS.

Outdoor theaters may be permitted in the GB General Business or I Industrial Districts subject to the following special land use approval requirements.

(A) Because outdoor theaters possess the unique characteristics of being used only after darkness and since they develop a concentration of vehicular traffic in terms of ingress and egress from their parking area, they shall only be permitted when the site in question is surrounded by a nonresidential district.

(B) The proposed internal design shall receive approval from the Building Inspector as to adequacy of drainage, lighting, screening and other technical aspects.

(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 to stand within a dedicated right-of-way.

(E) The area shall be laid out and screened 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 so as to be confined within, and directed onto the premises of the outdoor theater site.

(F) All sides of the development not abutting a major thoroughfare shall be screened with a fence or wall so as to obscure from view all activities within the development.

(Ord. passed 6-28-2006)

§ 154.101 MOTORIZED VEHICLE RACETRACKS.

Motorized vehicle racetracks (including midget, auto, motorcycle and go-cart tracks, and not including tracks for personal use) may be permitted in the I Industrial District, subject to the following special land use approval requirements.

(A) Because motorized vehicle racetracks develop a concentration of vehicular traffic in terms of ingress and egress from their parking areas and cause noise levels which may project beyond the property so used, they shall be permitted when located adjacent to a major thoroughfare and shall be located on a parcel of land which is abutting land zoned for industrial purposes on all sides of the parcel in question.

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

(D) All sides of the development not abutting a major thoroughfare shall be screened with a fence or wall so as to obscure from view all activities within the development.

(Ord. passed 6-28-2006)

§ 154.102 HORSE AND DOG RACETRACKS.

Horse and dog racetracks may be permitted in the I Industrial District, after special approval, subject to the following special land use approval requirements.

(A) Because horse and dog racetracks develop a concentration of vehicular traffic in terms of ingress and egress from their parking areas and require sizable land areas which would be incompatible with business or residential districts, they shall be permitted when located adjacent to a major thoroughfare and shall be located on a parcel of land that abuts land zoned for industrial purposes on all sides of the parcel in question.

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

(D) All sides of the development not abutting a major thoroughfare shall be screened with a fence or wall so as to obscure from view all activities within the development.

(Ord. passed 6-28-2006)

§ 154.103 LUMBER AND BUILDING MATERIAL DEALERS.

Lumber and building material dealers may be permitted in the GB General Business and I Industrial Districts, subject to the following special land use approval requirements.

(A) The site shall abut only land zoned General Business or Industrial.

(B) All storage of building materials shall be within enclosed buildings, or storage sheds, except that outdoor storage may be permitted when within an area enclosed by an obscuring fence or wall not less than six feet nor more than eight feet in height. Screening slats placed in a chain link fence shall not be accepted as a suitable screening device.

(Ord. passed 6-28-2006)

§ 154.104 QUARRIES.

Because the commercial removal of soil, sand, gravel, stone and other earth materials is likely to involve substantial amounts of nuisance (primarily noise and dust, with resulting air pollution) and large amounts of trucking and in some (but not necessarily all) cases the land is spoiled for any subsequent use with resulting loss of taxable revenues, the use may be permitted only in the I Industrial or A/R Agricultural/Residential Districts, subject to the following special land use approval requirements.

(A) There shall be not more than one entranceway from a public road to the lot for each 500 feet of street frontage.

(B) The removal, processing, transportation and activities relating to storage such as stockpiling shall not take place before 7:00 a.m. or after sunset.

(D) All roads, driveways, parking lots and loading and unloading areas within 100 feet of any lot line shall be paved, watered or chemically treated so as to limit on adjoining lots and public roads the nuisance caused by wind-borne dust.

(E) Any odors, smoke, fumes or dust generated on the lot by any digging, excavating, processing, stockpiling or transportation operation and borne or able to be borne by the wind shall be confined within the lines of the lots as much as is possible so as not to cause a nuisance or hazard on any adjoining lot or public road.

(F) The removal processing or storage shall not be conducted as to cause the pollution by any material of any surface or subsurface, watercourse or water body outside the lines of the lot on which the use shall be located.

(G) The removal processing or storage shall not be conducted as to cause or threaten to cause the erosion by water of any land outside of the lot or of any land on the lot so that earth materials are carried outside of the lines of the lot, that the removal shall not be conducted as to alter the drainage pattern of surface or subsurface waters on adjacent property, and that in the event that the removal, processing or storage shall cease to be conducted it shall be the continuing responsibility of the owner or operator thereof to assure that no erosion or alteration of drainage patterns, as specified in this division (G), shall take place after the date of the cessation of operation.

(H) All fixed equipment and machinery shall be located at least 100 feet from any lot line and 500 feet from any residential zoning district.

(I) If a commercial removal of soil, sand, gravel, stone or other earth materials by reasons of its depth or other conditions constitutes or is reasonably likely to constitute a danger to public health, safety or welfare, then a fence shall be erected around it. The fence shall be six feet in height, shall be adequate to prevent trespass, and shall be placed no closer than 50 feet to the edge of any slope.

(J) All areas within any single development shall be rehabilitated progressively as they are worked out or abandoned to a condition of being entirely lacking in hazards, inconspicuous and blended with the general surrounding ground form so as to appear reasonably natural.

(K) The operator shall file with the Planning Commission a detailed plan for the restoration of the development area which shall include the anticipated future use of the restored land, the proposed final topography indicated by contour lines of not greater interval than five feet, steps which shall be taken to conserve topsoil, proposed and final landscaping, and the location of future roads, drives, drainage courses and/or other improvements contemplated. The plans shall be subject to review and modification from time to time by the Planning Commission. The anticipated cost of carrying out the plans for restoration shall be included with the plans.

(L) The operator shall file with the township a performance bond, payable to the township and conditioned on the faithful performance of all requirements contained in the approved restoration plan. The amount of the required bond, which will reflect the anticipated cost of restoration, shall be fixed by the township. The bond shall be released upon written certification of the Zoning Administrator that the restoration is complete and in compliance with the restoration plan.

(M) The operator shall file with the County Road Commission a bond for maintenance of, and dust control on, the public road(s) providing access to the site.

(Ord. passed 6-28-2006)

§ 154.105 JUNK YARDS, AUTOMOBILE SALVAGE OR WRECKING YARDS, WASTE OR SCRAP RECYCLING OPERATIONS AND REFUSE TRANSFER FACILITIES.

These uses may be permitted in the I Industrial Districts subject to the following special land use approval requirements. (Junkyards may also be subject to additional local licensing requirements by separate ordinance.) In cases where there are conflicting requirements, the most restrictive requirements shall govern.

(A) These uses may only be located upon a site where abutting lands are zoned for nonresidential purposes on all sides.

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

(D) All sides of the development shall be screened with an un-pierced fence or wall at least eight feet in height and not less than the height of the materials on the lot on which a stated use is located.

(E) The above required fence or wall shall be no closer to the lot lines than the yard requirements for buildings or structures permitted in the district.

(F) All junk, waste or scrap materials shall be exclusively contained behind the fence or wall.

(G) All roads, driveways, parking lots and loading and unloading areas within the use shall be paved, oiled, watered or chemically treated so as to limit the nuisance caused by wind-borne dust to adjoining property and public roads.

(H) In order to protect the community from the danger of the leaching or runoff of chemicals or substances into the groundwater or surface water, these uses shall not be located upon lands classified as “wetlands” as defined on the national wetland inventory map or upon a determination by the MDEQ, nor upon lands lying within the 100-year floodplain, as defined on the federal flood insurance rate map, or federal flood hazard boundary map.

(Ord. passed 6-28-2006)

§ 154.106 TELEPHONE EXCHANGE AND STATIC TRANSFORMER STATIONS, GAS REGULATOR STATIONS AND OTHER PUBLIC UTILITY BUILDINGS.

These uses may be permitted in all districts, subject to the following special land use approval requirements:

(A) No public business office or any storage yard or storage building is operated in connection therewith;

(B) The exchanges, transformer stations or transformer mats are located not less than 15 feet from any interior side property line, 25 feet from its front property line, and 30 feet from its rear property line; and

(Ord. passed 6-28-2006)

§ 154.107 BED AND BREAKFAST ESTABLISHMENTS.

Bed and breakfast establishments may be permitted as a special approval land use in A/R, R-1A, R-1B, R-1C, R-2 and RM Residential Districts and as a permitted use in the GB, General Business District upon review and approval of a plot plan and subject to the following special land use approval requirements.

(A) The rooms utilized are not specifically constructed for rental purposes. Each bed and breakfast establishment shall contain not less than two bedrooms for rent.

(1) A structure shall not be eligible for bed and breakfast use unless it contains at least 2,000 square feet of gross floor area.

(2) 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.

(B) The dwelling unit that contains the bed and breakfast establishment shall be the principal residence of the owner/innkeeper. The owner/innkeeper shall reside on the premises when the bed and breakfast establishment is in operation.

(D) Off-street parking is provided as follows: two spaces for the primary residential uses, plus one-half per single bed equivalent, plus one space for each employee on the largest shift.

(E) Parking must be screened from residential uses as specified in § 154.018.

(F) Lighting must be directed away from residential uses.

(G) Food may be served in a bed and breakfast establishment only to persons renting a room and only during their stay at the establishment, except in the GB General Business District.

(Ord. passed 6-28-2006)

§ 154.108 HOTELS AND MOTELS.

These uses may be permitted in the GB General Business District subject to the following special land use approval requirements.

(A) Vehicular ingress and egress from the site shall be onto a major thoroughfare having an existing or planned right-of-way of at least 120 feet in width.

(B) No kitchen or cooking facilities within the units are to be provided with the exception of the manager’s or caretaker’s units.

(D) Units shall not be occupied as a place of permanent residence and a guest register shall be maintained.

(Ord. passed 6-28-2006)

§ 154.109 FEEDLOTS AND RAISING OF FUR-BEARING ANIMALS.

(A) Feedlots may be permitted upon special approval in the A/R Agricultural/Residential District subject to the following special land use approval requirements.

(1) Any pen, corral or structure where barnyard animals are maintained as a feedlot, or where swine are raised shall be sited in accordance with the Michigan “generally accepted agricultural and management practices” (GAAMPS) under Public Act 94 of 1995, being M.C.L.A. § 286.472.

(2) The raising of fowl, poultry, quail or other game birds shall be conducted within an adequately fenced area or an enclosed building and shall be sited in accordance with the Michigan “generally accepted agricultural and management practices” (GAAMPS) under Public Act 94 of 1995, being M.C.L.A. § 286.472. The killing and dressing of fowl are permitted provided that the operation is conducted within a building. All waste parts or offal must be immediately disposed of and no outdoor storage of offal shall be permitted.

(B) The raising of fur-bearing animals, including mink and rabbit, may be permitted upon special approval in the A/R Agricultural/Residential District when located on a continuous parcel of land ten acres or more in area with all buildings and outdoor runs set back 100 feet or more from all property lines; with the exception of raising mink, which shall be conducted on a continuous parcel of land 40 acres or more in area, with all outdoor runs or breeding areas enclosed on all sides by a fence not less than four feet in height and set back from all property lines a minimum distance of 400 feet.

(Ord. passed 6-28-2006)

§ 154.110 CHURCHES.

Churches and other facilities normally incidental thereto may be permitted upon special approval in the A/R, R-1A, R-1B, R-1C, R-2, RM Residential Districts subject to the following special land use approval requirements. These requirements do not apply to churches in the O Office and GB, General Business Districts, as they are permitted uses.

(A) The site is so located as to have at least one property line abutting a public thoroughfare of not less than 120 feet of right-of-way width, either existing or proposed, and all ingress and egress to the site shall be directly onto the major thoroughfare, or a marginal access service drive thereof.

(B) Front and side yards shall be equal to at least one and one-half the height of the main building. The height limitations set forth in § 154.063 shall not apply to churches.

(C) Off-street parking shall be provided in accordance with the provisions of § 154.023. No off-street parking area may occupy a required front yard.

(D) Whenever an off-street parking area is located within 50 feet of the abutting property line of a residential district, a continuous and obscuring protective screening device at least four feet six inches in height, but not more than six feet in height, shall be provided along the sides of the parking area adjoining the residentially zoned land. The screening device shall comply with the provisions of §§ 154.018 and 154.019.

(E) The site shall not be used for dwelling purposes, except that residential dwelling facilities may be provided for regular employees of the church and their families. These dwelling units or quarters shall comply with the minimum requirements for dwellings in that district.

(F) Accessory structures shall not exceed one story or 14 feet in height.

(G) For the purpose of ensuring that large churches are located within or adjacent to the urban portion of the township where adequate infrastructure is available to service the facility and not in an inappropriate rural setting where the services are not available, and for the protection of the public health, churches having seating capacity in the main sanctuary for 100 or more persons shall not be approved unless accessible from a paved road and connected to public water and, if available, public sewer facilities.

(Ord. passed 6-28-2006)

§ 154.111 GOVERNMENT BUILDINGS.

Government buildings and uses may be permitted as special approval land uses in the A/R, R-1A, R-1B, R-1C, R-2 and RM Residential Districts subject to the following special land use approval requirements. These requirements do not apply to government buildings in the O Office and GB General Business Districts, as they are permitted uses.

(B) The depth of the front and rear yard and the width of each side yard shall not be less than 50 feet.

(C) Front and side yards shall be equal to at least one and one-half the height of the main building. The height limitations set forth in § 154.063 shall not apply to government buildings.

(D) Off-street parking shall be provided in accordance with the provisions of § 154.023. No off-street parking area may occupy a required front yard.

(E) Whenever an off-street parking area is located within 50 feet of the property line of an abutting residential district, a continuous and obscuring protective screening device at least four feet six inches in height, but not more than six feet in height, shall be provided along the sides of the parking area adjoining the residentially zoned land. The screening device shall comply with the provisions of §§ 154.018 and 154.019.

(F) The site shall not be used for dwelling purposes except that residential dwelling facilities may be provided for regular employees of the governmental building(s) and their families. The dwelling units or quarters shall comply with the minimum requirements for dwellings in the district in which located.

(G) Accessory structures shall not exceed one story or 14 feet in height.

(H) For the purpose of ensuring that large governmental buildings are located within or adjacent to the urban portion of the township where adequate infrastructure is available to service the facility and not in an inappropriate rural setting where the services are not available, and for the protection of the public health, governmental buildings having an occupancy capacity of 100 or more persons shall not be approved unless accessible from a paved road and connected to public water and, if available, connected to public sewer facilities.

(Ord. passed 6-28-2006)

§ 154.112 GOLF COURSES.

Golf courses may be permitted in the A/R, Agricultural/Residential, R-1A, R-1B, R-1C, R-2 and RM Residential Districts subject to the following special land use approval requirements.

(A) The site is so located as to have at least one property line abutting a major thoroughfare of not less than 120 feet of right-of-way width, either existing or proposed, and all ingress and egress to the site shall be directly onto a major thoroughfare or a marginal access drive thereto.

(B) All development features including the principal building and any accessory buildings or structures are so located and 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 where topographic conditions are such that the building would be screened from view, the Planning Commission may modify this requirement.

(C) Major accessory uses that are generally of a commercial nature, such as a restaurant and bar, shall be housed in a single building with a clubhouse. Minor accessory uses which are strictly related to the operation of the golf course itself, such as maintenance garage and pro shop, may be located in separate buildings.

(D) 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 or turnstile.

(E) Off-street parking shall be provided in accordance with the provisions of § 154.023.

(Ord. passed 6-28-2006)

§ 154.113 PRIVATE RECREATIONAL AREAS.

Private recreational areas not open to the general public. Institutional community or neighborhood recreation centers and neighborhood association swimming pools may be permitted as a special approval land use in the R-1A, R-1B, R-1C and R-2 Residential Districts and as a permitted use in the A/R District subject to the following special land use approval requirements.

(A) The subject property is so located as not to hinder the natural and presumed residential development of the area.

(B) The depth of the front and rear yards and the width of each side yard shall not be less than 50 feet.

(C) Off-street parking shall be determined on the basis of one parking space for each 500 square feet of land area devoted to these uses. Off-street parking shall be in accordance with the provisions of § 154.023.

(D) Whenever an off-street parking area is located within 50 feet of an adjoining residentially zoned property line, a continuous and obscuring screen at least four feet six inches in height, but not more than six feet in height, shall be provided along the sides of the parking area adjoining the residentially zoned land. The screen shall comply with the provisions of §§ 154.018 and 154.019.

(Ord. passed 6-28-2006)

§ 154.114 LARGE-SCALE OUTDOOR RECREATIONAL USES.

(A) Large-scale outdoor recreational uses, including recreational fields (football, softball, baseball, soccer and similar activities), tennis courts, basketball courts, ice skating rinks, music concert pavilions and band shells, ski facilities, picnic grounds, miniature golf courses, golf driving ranges, campgrounds, small-boat rental, swimming facilities, kiddie-type rides and tracks for off-road vehicles or similar uses for physical and outdoor exercises may be permitted in the A/R Agricultural/Residential Districts subject to the following special land use approval requirements.

(B) Not included under “large scale outdoor recreational uses” and regulated elsewhere in this chapter are the following: motorized vehicle race tracks, horse or dog tracks, combat game areas, gun clubs, golf courses, outdoor theaters, amusement parks, circuses, carnivals, rebound tumbling facilities, outdoor dance pavilions. (Personal recreational activities or uses are not subject to this section.)

(1) The subject property is at least 20 acres or more in area and is located on a major thoroughfare having an existing or proposed right-of-way of not less than 120 feet.

(2) All development features including the principal building and spectator seating facility shall not be closer than 200 feet to a public street or land zoned residential except, where natural topographical conditions are such that the development features would be screened from view, this requirement may be modified.

(3) No activity shall take place within 30 feet of the perimeter of the recreational area. All those activities shall be screened from abutting land zoned residential by means of a protective screening device as determined by the Planning Commission that meets the requirements of §§ 154.018 and 154.019.

(4) Exterior lighting shall be installed in a manner so that it is deflected away from adjacent properties and so that it does not impede the vision of traffic along adjacent roads.

(5) Adequate trash containers shall be provided on the site. The site shall be periodically cleared of debris so that wind-blown litter does not accumulate on adjacent properties.

(6) In order to ensure that the recreational use is compatible with adjacent land uses, the Planning Commission may require such items as landscaped buffer strips with berms, off-site street improvements, fencing security facilities and other improvements in order to ensure that excessive dust, noise, traffic, lighting glare and trespassing are not inflicted on adjacent properties.

(7) Related accessory commercial uses such as refreshment stands, concession counters and sit-down restaurants which may include the sale of alcoholic beverages, retail shops selling or renting sport and recreational items such as a “pro shop” or rental equipment store, office buildings relating to the management of the recreational use, spectator seating and service areas including locker rooms, showers, restrooms and similar facilities may be permitted in conjunction with the recreational uses when it is clearly incidental to the main recreational character of the use. Those related accessory uses shall not include the sale, servicing or repair of any vehicles or equipment used on the site except that owned by the proprietor.

(8) 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 or turnstile.

(9) Off-street paved parking shall be constructed in accordance with § 154.023 except that the Planning Commission may waive requirements for paved parking areas, maneuvering lanes and drives for campgrounds, parks, riding stables and other similar outdoor recreational uses where because of their rural or rustic nature, hard-surfaced parking would, in the opinion of the Planning Commission, detract from the nature of the recreational facility.

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

(Ord. passed 6-28-2006)

§ 154.115 OPEN-TO-THE-PUBLIC PUBLIC OR COMMERCIAL STABLES, KENNELS AND VETERINARY CLINICS.

(A) An open-to-the public or commercial stable or a kennel and veterinary clinic may be permitted in the A/R Agricultural/Residential Districts subject to the following special land use approval requirements.

(1) The subject property is so located as not to hinder the natural and presumed residential development of the area.

(2) The subject property contains a minimum of five acres.

(3) The stable, barn or kennel is located 100 feet from any neighboring residential use. All runs or breeding areas shall be enclosed by a chain link fence not less than six feet in height.

(4) If the use is of a commercial nature, off-street parking shall be provided in accordance with the provisions of § 154.023.

(B) Veterinary clinics shall also be allowed as a special approval land use in the GB, General Business District, provided that there are no outdoor runs for animals, and that there be no boarding, no noise, and no odor.

(Ord. passed 6-28-2006)

§ 154.116 GROUP DAY CARE HOME.

Group day care home (as defined § 154.003 and under Public Act of 116 of 1973, being M.C.L.A. §§ 722.111 through 722.128, as amended) with seven to 12 children may be permitted in the A/R, R-1A, R-1B, R-1C, R-2, MHR and RM Districts, subject to the following special land use approval requirements.

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

(B) The lot or parcel on which the 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 State Department of Social Services;

(3) A facility offering substance abuse treatment and rehabilitation service to seven or more persons, licensed by the State Office of Substance Abuse Services; or

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

(C) The construction and use shall be licensed by the State Department of Social Services prior to beginning operation, including the minimum regulations and requirement regarding play space.

(Ord. passed 6-28-2006)

§ 154.117 NURSERY SCHOOL, DAY NURSERY AND CHILDCARE CENTERS.

Nursery schools, day nurseries and childcare centers may be permitted in the MHR and RM Residential Districts, O Office District and GB Business Districts subject to the following special land use approval requirements.

(A) The childcare center shall be licensed by the State 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. passed 6-28-2006)

§ 154.118 ORPHANAGE, FOSTER HOME, HOME FOR THE AGED, INDIGENT OR PHYSICALLY OR MENTALLY DISABLED.

An orphanage, foster home or a home for the aged, indigent, physically or mentally disabled, a rest or convalescent home may be permitted in the RM Multiple-Family Residential District subject to the following special land use approval requirements.

(A) All vehicular ingress and egress from the site shall be directly onto a public road having a planned right-of-way of not less than 86 feet.

(B) The maximum extent of development and occupancy shall not exceed 30 persons, patients or residents per acre of land.

(C) No building other than a structure for strictly residential purposes shall be closer than 60 feet to any property line.

(D) State licensed homes for six or fewer residents shall be a permitted use in all districts where single-family homes are a permitted use.

(Ord. passed 6-28-2006)

§ 154.119 BOARDING AND ROOMING HOUSES.

Boarding and lodging houses, rooming houses and tourist homes may be permitted in A/R, Agricultural/Residential, R-1A, R-1B, R-1C, R-2, MHR and RM Residential Districts, subject to the following special land use approval requirements.

(A) Not more than five sleeping rooms for the development.

(B) Adequate parking shall be available on-site.

(Ord. passed 6-28-2006)

§ 154.120 AMUSEMENT AND RECREATION SERVICES.

(A) Indoor recreation. Recreation centers similar to bowling alleys, skating rinks, racquet sports, archery ranges, arcades and similar forms of recreation or amusement may be permitted in the GB General Business District provided they are conducted wholly within an enclosed building.

(B) Amusement-oriented outdoor recreation. Outdoor recreational space for adult or children’s amusement parks, circuses, carnivals, rebound tumbling facilities, outdoor dance pavilions, miniature golf courses, and golf driving ranges may be permitted in the GB General Business District subject to the following special land use approval requirements.

(1) Site shall not abut any residential district directly or across a street.

(2) Children’s amusement parks shall be fenced on all sides with a wall or fence not less than four feet six inches in height.

(3) No loudspeaker of public address system shall be used except by express written consent of the Township Planning Commission wherein it is deemed that no public nuisance or disturbance will be established.

(Ord. passed 6-28-2006)

§ 154.121 MOTOR VEHICLE WASHING.

Motor vehicle washing, conveyor- or non-conveyor-type, may be permitted in the GB General Business District subject to the following special land use approval requirements.

(A) All cleaning operations shall be completely enclosed within a building, excepting points of ingress and egress.

(B) A hard-surfaced driveway of one or more lanes shall be constructed on the parcel in a manner so as to provide for a continuous movement of cars into the wash rack.

(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 the wash rack. 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 rack shall be determined by the overall length of the building, including areas having sidewalls 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 a manner so that no operations are conducted off the parcel.

(H) A building setback of at least 60 feet must be maintained from the proposed 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 proposed 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 a way so as to preclude drainage of water onto adjacent property.

(K) Gasoline sales shall be permitted on the property provided there is compliance with division (D) above, and § 154.122(A) through (H).

(Ord. passed 6-28-2006)

§ 154.122 GASOLINE STATIONS.

Gasoline service stations may be permitted in the GB General Business District subject to the following special land use approval requirements.

(A) One hundred and fifty feet of street frontage on the lot proposed for the gasoline station shall be provided on the principal street serving the station.

(B) The lot shall contain not less than 22,500 square feet in area.

(C) Gasoline pumps, air and water hose stands and other appurtenances shall be set back not less than 15 feet from all street right-of-way lines.

(D) Driveway widths entering the gasoline station shall have a width of 30 feet.

(E) Any driveway approach shall enter the property not less than 25 feet from the intersection formed by the existing or proposed right-of-way lines as set forth in the township Thoroughfare Plan, and not less than ten feet from any adjoining nonresidential property line nor less than 25 feet from any abutting residential district. The angle of intersection of any driveway along the principal street(s) shall not be more than 60 degrees.

(F) Curbs, in accordance with standard township specifications, shall be constructed on all streets adjacent to the gasoline station site.

(G) Damaged or disabled motor vehicles shall not be parked except on a temporary basis for 72 hours or less. Junk parts and junk vehicles shall not be kept outside of the building.

(H) Prohibited activities include, but are not limited to: motor vehicle body repair; undercoating; painting; tire recapping; engine and transmission rebuilding; motor vehicle dismantling; upholstery work; and other activities whose adverse external physical effects would extend beyond the property line.

(Ord. passed 6-28-2006)

§ 154.123 MOTOR VEHICLE REPAIR AND SERVICE FACILITIES.

Motor vehicle repair and service facilities may be permitted in the GB General Business District subject to the following special land use approval requirements.

(A) All activities shall be conducted in an enclosed building.

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

(C) 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.

(D) There shall be no outdoor parking of damaged motor vehicles except on a temporary basis not to exceed 72 hours. Junk parts and junk vehicles shall not be kept on the outside of the building.

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

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

(Ord. passed 6-28-2006)

§ 154.124 NEW AUTOMOBILE AND TRUCK SALES AND SHOWROOMS.

New automobile and truck sales and showrooms may be permitted in the GB General Business District subject to the following special land use approval requirements.

(A) The automobile and truck sales must be located on a site having a frontage on a major thoroughfare of not less than 120 feet and an area of not less than two acres.

(B) Ingress and egress to the outdoor sales area shall be at least 60 feet from any point of intersection formed by the existing or proposed right-of-way lines, whichever is greater.

(C) Major repair and major refinishing shops shall be permitted as accessory when conducted entirely within an enclosed building.

(D) No outside storage of discarded or salvaged materials, junk vehicles or junk parts shall be permitted on the premises.

(E) The outside display of new and used automobiles and trucks shall be permitted and the storage area shall occupy no more than 35% of a lot which is used for vehicle sales.

(F) A 15-foot landscaped setback shall be provided between any existing or proposed right-of-way line, whichever is greater, and any outdoor display of new or used automobiles.

(G) No outside loudspeaker or outside public address system shall be used.

(Ord. passed 6-28-2006)

§ 154.125 USED AUTOMOBILE AND TRUCK SALES.

Used automobile and truck sales may be permitted in the GB General Business District subject to the following special land use approval requirements.

(A) The used automobile and truck sales must be located on a site having a frontage on a major thoroughfare of not less than 100 feet and an area of not less than 10,000 square feet.

(B) Ingress and egress to the outdoor sales area shall be at least 60 feet from any point of intersection formed by the existing or proposed right-of-way lines, whichever is greater.

(D) A 15-foot landscaped setback shall be provided between any existing or proposed right-of-way line, whichever is greater, and any outdoor display of used automobiles or trucks.

(E) No outside loudspeaker or outside public address system shall be used.

(F) Any person selling more than two vehicles per year shall be defined as a used car dealer and shall be located only in a GB General Business District.

(Ord. passed 6-28-2006)

§ 154.126 OPEN-AIR DISPLAY AND SALE OF RECREATIONAL VEHICLES, MOTORCYCLES OR OTHER MOTOR VEHICLE SALES AREAS OTHER THAN TRUCKS, AUTOMOBILES AND HOME OWNERS’ GARDENING EQUIPMENT AND THE LIKE.

Open-air display and sale of recreational vehicles, motorcycles or other motor vehicle sales areas other than trucks and automobiles, homeowners’ gardening equipment and the like, may be permitted in the GB General Business District, provided that the vehicles are displayed on a paved surface complying with the provisions of § 154.023, there is no outside storage, and further provided that there be no display in areas that are required for parking, aisles, loading or sidewalks. Ingress and egress to the site shall be at least 25 feet from a street intersection or adjacent residential district.

(Ord. passed 6-28-2006)

§ 154.127 DRIVE-IN, FAST FOOD, DRIVE-THROUGH OR CARRY-OUT RESTAURANTS.

Drive-in, fast-food, drive-through or carry-out restaurants may be permitted in the GB General Business District subject to the following special land use approval requirements.

(A) Must directly front upon and have its ingress and egress points from a major thoroughfare.

(B) Ingress and egress points shall be located at least 30 feet from the intersection of any two streets. The measurement shall be made from the intersection of the two streets’ existing right-of-way lines to the nearest edge of the curb radius of the driveway.

(C) 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.

(D) 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.

(E) All outside trash receptacles (except those intended for use by the customer) shall be located within a six-foot high enclosure constructed of an obscuring material and shall be provided with obscuring gate of same height.

(F) If adjacent to a residential district, no outside loudspeaker or outside public address system shall be permitted.

(Ord. passed 6-28-2006; Ord. 06-08, passed 4-16-2012)

§ 154.128 COMBAT GAME AREAS.

Combat game areas in which participants use air guns or other similar devices that are intended only to “mark” participants and not injure them may be permitted in the A/R Agricultural/Residential District subject to the following special land use approval requirements.

(A) The site shall contain a minimum of 20 acres. The site shall not abut any residential district directly or across a street. The site shall have direct access to a public road.

(B) A 200-foot buffer zone around the perimeter of the property shall be provided in which no game activities are permitted. This buffer area shall be clearly marked so that participants will not use the area.

(D) The applicant shall provide off-street parking subject to standards established by the Planning Commission.

(E) Toilet facilities shall be provided and shall be approved by the County Health Department.

(Ord. passed 6-28-2006)

§ 154.129 GUN AND HUNT CLUBS, SHOOTING AND ARCHERY RANGES.

Gun and hunt clubs, shooting and archery ranges, including state-licensed game bird hunting preserves, may be permitted in the A/R Agricultural/Residential Districts subject to the following special land use approval requirements. (Personal hunting and target shooting activities or uses are not subject to this section.)

(A) It must be located on a parcel of 40 acres or more in area.

(B) The parcel must be located at least 450 feet from a lot line of any adjacent residential district.

(D) Off-road parking must be provided.

(E) No on-road parking shall be permitted.

(F) All new gun clubs, shooting and archery ranges and any additions to those uses shall be designed by an engineer or architect licensed by the state.

(G) All new shooting ranges shall meet the design standards of the National Rifle Association. Basic measures to provide for projectile containment have not changed dramatically for well over 30 years. These measures include: backstops, sideberms and sidewalls, baffles, target placement, use of natural features such as mountains or rolling hills, sloping floor or grade of the range. Various standard range lengths and other characteristics are to be designed into a proposed facility in accordance with the types of projectiles to be used.

(H) Operations shall not begin before 8:00 a.m. nor continue beyond 9:00 p.m. Noise levels at the property lines shall not exceed 40 dbA at any time. Sound levels shall be measured using a weighted decibel measurement (referenced to 20 micropascals) and with a type of audio output meter approved by the U.S. Department of Standards.

(Ord. passed 6-28-2006)

§ 154.130 CEMETERIES.

Cemeteries are a permitted use in the RCC District. They may be permitted in the A/R Agricultural/Residential Districts subject to the following special land use approval requirements.

(A) The location of a cemetery shall be permitted in the quarter section within an A/R District when the quarter section does not have more than 51% of its land area in recorded plats.

(B) All access shall be provided from a public road having a planned right-of-way of not less than 120 feet.

(C) All sides of the cemetery shall be screened from any residential view by providing a continuous and completely obscuring wall, fence or buffer strip planting as described in §§ 154.018 and 154.019.

(D) Approval shall be given contingent on a satisfactory site plan review.

(E) Any crypt, mausoleum or other buildings or structures wholly or in part above the ground, other than monuments, shall together occupy not more than 25% of the lot area.

(F) No part of any crypt, mausoleum or other building containing bodies or remains, other than a subterranean grave shall be less than 100 feet from the nearest lot line.

(G) The proposed cemetery complies with all provisions in acts relating to cemeteries enacted by the people of the state.

(Ord. passed 6-28-2006)

§ 154.131 MINI-WAREHOUSES.

Mini-warehouses may be permitted as a special land use in the GB General Business Districts and as a permitted use in the I Industrial Districts, in all cases subject to the following special land use approval requirements.

(A) The site shall be at least two acres in size and shall be located on a paved major thoroughfare and shall not directly abut a residential district unless all storage faces away from it and no drives, parking, or outside storage shall exist between the storage buildings and the property line.

(B) The only access to the site shall be from the major thoroughfare.

(C) All storage on the site shall be kept within enclosed buildings, except that up to 50% of the storage units may be “open front” three-sided buildings for the storage of boats, recreational vehicles, snowmobiles and automobiles. The “open front” of the buildings shall face the interior of the complex.

(D) Buffering shall be required as provided by § 154.018.

(E) All driveways, parking, loading and vehicular circulation areas shall be surfaced with concrete, asphalt or asphaltic concrete. All one-way driveways shall provide for one ten-foot parking lane and one 15-foot travel lane. All two-way driveways shall provide for one ten-foot parking lane and two 12-foot travel lanes. The parking lanes may be eliminated when the driveway does not serve storage cubicles. When no parking is provided within the building separation areas, the building separation need only 15 feet. There shall be at least one parking space for each ten cubicles. At the office, one parking space shall be provided for each 25 cubicles. Two spaces shall be provided for the caretaker’s residence, if any.

(F) No business activities, manufacturing or garage sales shall be conducted on the premises. The operation of such a facility shall in no way be deemed to include a transfer and storage business where the use of vehicles is part of the business.

(G) The servicing or repair of motor vehicles, boats, trailers, lawn mowers and other similar equipment shall not be conducted on the premises.

(H) The owner or operator shall properly police the property for removal of trash and debris and for compliance with public and private restrictions.

(I) A residence for a resident caretaker or manager may be constructed on the premises. The residence shall comply with all provisions of this chapter and the State Building Code.

(J) No explosive, hazardous or radioactive materials shall be stored on the premises.

(K) The Planning Commission shall approve any proposed perimeter fencing or walls for its compatibility with adjacent properties and the neighborhood.

(Ord. passed 6-28-2006)

§ 154.132 WIND ENERGY CONVERSION SYSTEMS.

(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(1) WIND ENERGY CONVERSION SYSTEMS, hereinafter referred to as WECS. Any device that converts wind energy to mechanical or electrical energy.

(2) WIND ROTOR. The blades plus hub to which the blades are attached used to capture wind for purposes of energy conversion.

(3) TOWER HEIGHT. The height of the actual tower, plus one-half the rotor diameter on horizontal axis installations, and on vertical axis installations, the distance from the base of the tower to the top of the unit.

(4) SURVIVAL WIND SPEED. The maximum wind speed a WECS in automatic, unattended operation (not necessarily producing power) can sustain without damage to structural components or loss of the ability to function normally.

(B) Applicable zones. WECS may be permitted in any zoning district subject to the following special land use approval requirements with the following exception:

(1) The erection of one windmill on a single parcel of land at a height equal to or less than 50 feet shall be considered a permitted use in any district and shall not require special land use and Planning Commission approval; and/or

(2) The approval of a windmill under this requirement shall be subject to administrative approval through the Zoning Administrator, as well as all other applicable provisions of this section.

(1) The standards that follow shall apply to systems intended for the provision of the electrical or mechanical power needs of the owner/operator of the system; also, such a system shall be for one main building and its accessory buildings only.

(2) For systems intended for uses other than the above, Planning Commission approval shall be required. The approval shall cover the location of the system (shown on a survey of the property) on the site, the noise generated by the system, assurances as to the safety features of the system and compliance with all applicable state and federal statutes and regulations.

(3) Planning Commission approval shall specifically be required for arrays of more than one wind energy conversion system and for systems wherein one wind energy conversion system is intended to provide the electric power for more than one main building.

(D) Standards for and regulation of WECS.

(1) Construction. Tower construction shall be in accordance with the latest edition of the State Building Code, and any future amendments and/or revisions to it.

(2) Electric-magnetic interference (EMI). Wind energy conversion system generators and alternators shall be filtered and/or shielded so as to prevent the emission of radio frequency energy which would cause harmful interference with radio and/or television broadcasting or reception, and shall comply with the provisions of C.F.R. Title 47, Chapter 1, Part 15, and subsequent revisions governing the emissions.

(3) Setbacks.

(a) The structural design shall be signed and sealed by a professional engineer, registered in the state, certifying that the structural design complies with all of the standards set forth for safety and stability in all applicable codes then in effect in the state and all sections referred to herein above.

(b) The minimum setbacks for the towers from all abutting streets or adjacent property shall be a distance equal to one and one-half times the height of the tower.

(c) The WECS shall be located a sufficient distance from any overhead utility lines, excluding service drops, such that a structural failure of any portion of the WECS or its supporting structure will not cause any portion of it to fall within five feet of utility lines.

(4) Maximum height. The maximum height permitted as a special land use shall be 150 feet unless otherwise prohibited by any state or federal statutes or regulations.

(5) Minimum blade height. The minimum distance between the ground and any protruding blades utilized on a WECS shall be 15 feet, as measured at the lowest point of the arc of the blades.

(6) Labeling requirements. A minimum of one sign shall be posted near ground level on the tower structure warning of high voltage. In addition, the following information shall be posted on a label or labels on the generator or alternator of the WECS:

(a) The maximum power output of the system and the wind speed at which it is achieved;

(b) Nominal voltage and maximum current;

(d) Maximum survival wind speed and the emergency and normal shut down procedures.

(7) Utility company notification. The Detroit Edison Company shall be notified in writing of any proposed interface with that company’s grid prior to installing the interface and shall conform with any legislated requirements governing installations of WECS so as to comply with the utility tariff specifications.

(8) Safety. The WECS’ manufacturers shall document that the WECS model has been tested and certified by Underwriter’s Laboratory, or other applicable independent accrediting agency, and that when installed in accordance with recommended specifications shall have a maximum survival wind speed of not less than 80 mph.

(9) Noise. The maximum level of noise to be generated by a WECS shall be 50 decibels, as measured on the dBA scale, measured at each property line at any time.

(E) Miscellaneous.

(1) All electric line/utility wires shall be buried under ground except in A/R Agricultural/Residential Districts.

(2) Any mechanical equipment associated with and necessary for operation, including a building for batteries and storage cells shall be enclosed with a six-foot fence. The supporting tower shall also be enclosed with a six-foot fence unless the base of the tower is not climbable for a distance of 12 feet.

(3) When a building is necessary for storage of cells or related mechanical equipment, the building may not exceed 140 square feet in area nor eight feet in height, and must be located at least the number of feet equal to the height of the tower from any property line.

(4) The tower and generating unit shall be kept in good repair and sound condition. Upon abandonment of use, the tower and related structure shall be dismantled and removed from the property within 60 days.

(5) Every WECS shall be insured with minimum liability insurance of $100,000 for each occurrence. Proof of insurance shall be furnished to the township.

(Ord. passed 6-28-2006; Ord. passed 10-20-2008)

§ 154.133 PERSONAL USE AIRCRAFT LANDING FIELDS.

Landing fields for the personal use of the property owner may be permitted in the A/R Agricultural/Residential Districts and I Industrial Districts subject to the following special land use approval requirements.

(A) The landing field is subject to all rules and regulations of the Federal Aviation Administration and the State Aeronautics Commission, which agencies or their successors shall approve the preliminary plans submitted to the township.

(B) No landing field for personal use shall be established within five miles of a public use facility certified by the State Aeronautics Commission without approval of the commission. No landing field for personal use shall be established within a two-mile radius of another landing field.

(C) All landing fields shall have a runway with an 1,800-foot landing length in each direction from a clear approach slope of 20 to one, and a 100-foot usable width with an additional 50-foot minimum width on each side which is free of obstructions.

(1) 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.

(2) The landing area shall be marked in accordance with State Aeronautical Commission standards.

(D) No landing field shall be approved that would interfere with the right of nearby and adjacent owners and occupants of property to peaceful enjoyment of their property.

(E) Hazards to navigation: no obstruction of whatever character, object of natural growth or use of land, upon the premises of the landing field that prevents the safe use of the facilities for the take off or landing of aircraft shall be permitted.

(F) Yard and placement regulations.

(1) The site shall not abut directly or across a street in any residential district.

(2) Landing fields shall be located on a contiguous parcel of land not less than 25 acres in area.

(a) The parcel shall have a width of not less than 450 feet.

(b) The parcel shall have a depth of not less than 1,800 feet.

(c) 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 field shall immediately cease.

(G) 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 fields and other lighting facilities shall be arranged so as not to reflect towards adjoining non-landing field uses.

(I) Prohibited uses:

(1) The open storage of junked or wrecked motor vehicles or aircraft shall not be permitted; and

(2) Use of a personal use aircraft landing field 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 for aircraft owned by and for the personal use of the property owner), the overhaul or repair of an aircraft or of engines, or otherwise offering aeronautic facilities or services to the public shall not be permitted on the premises.

(Ord. passed 6-28-2006)

§ 154.134 COMMUNICATION TOWERS.

Communication towers may be permitted in the A/R District with the exception of land designated residential in the future land use map of the Comprehensive Master Plan, in the RCC, O, GB, I Districts, and on open land in any district that is permanently dedicated for conservation, recreation or institutional use subject to the following special land use approval requirements.

(A) The tower must be set back a minimum of 200 feet from all property lines.

(B) Towers shall be a monopole type using no guy wires.

(C) Accessory structures are limited to uses associated with the maintenance of the tower and may not be located any closer to any property line than 30 feet.

(D) Accessory structures shall not exceed 600 square feet of gross building area.

(E) All requirements of §§ 154.016, 154.017, 154.018 and 154.019 shall be met.

(F) All towers shall be equipped with an anti-climbing device to prevent unauthorized access.

(G) A registered structural engineer shall certify the plans of the tower construction.

(H) The applicant shall provide verification that the antenna-mount and structure have been reviewed and approved by a professional engineer and that the installation is in compliance with all applicable codes.

(I) Applicant shall obtain or document approval from the Federal Aviation Administration (FAA) and the State Aeronautics Administration for the height and location of a proposed tower structure near an airport or helipad.

(J) Communication towers in excess of 100 feet in height above grade level shall be prohibited within a two-mile radius of a public or private airport or one-half-mile radius of a helipad.

(K) Metal towers shall be constructed of, or treated with, corrosive-resistant material.

(L) 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.

(M) Towers with antennae shall be designed to withstand a uniform wind loading as prescribed in the official Building Code approved by the township.

(N) All signals 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.

(O) Towers shall be located so that they do not interfere with reception in nearby areas. If problems occur after construction, the tower owner or lessee shall provide a remedy.

(P) Towers shall be located so there is room for vehicles doing maintenance to maneuver on the property owned and/or leased by the applicant.

(Q) The base of the tower shall occupy no more than 500 square feet.

(R) Minimum spacing between tower locations shall be one mile (without respect to municipal boundaries) in order to prevent a concentration of towers in one area.

(S) Height of the tower, including antennae, shall not exceed 195 feet from grade.

(T) Towers shall not be artificially lighted, it being the intent of the township to encourage the use of towers of the height that does not require lighting, which may adversely affect nearby properties. However, if required by the FAA in the future, lighting shall be of the dual mode day/night type (red at night, strobe during the day) and be designed to refract upward so as to limit ground scatter to a maximum of 75 candela.

(U) Existing on-site vegetation shall be preserved to the maximum extent practicable.

(V) There shall not be displayed advertising or identification of any kind intended to be visible from the ground or other structures, except as required for emergency purposes.

(W) The antenna shall be painted to match the exterior treatment of the tower. The chosen paint scheme shall be designed to minimize off-site visibility of the antenna.

(X) 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 to the extent required by that standard or the special land use approval shall be subject to revocation by the Township Board. Cost for testing and verification of compliance shall be borne by the operator of the antenna.

(Y) 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.

(Z) All driveway entrances shall meet the requirements of the County Road Commission and a permit shall be obtained from the Road Commission for each driveway entrance.

(AA) Except for the driveway opening, along the entire perimeter of the tower, including its related structures and fencing, and within the area leased or owned by the applicant, the developer shall plant a landscaping buffer, which the lessee or owner shall subsequently maintain.

(1) The buffer, at a minimum, shall consist of two staggered rows of trees that are a minimum of six feet tall when planted with a height at maturity of at least 20 feet.

(2) Trees shall be planted on 20-foot centers.

(3) Trees shall be 80% evergreens and 20% deciduous, mixed in species, using only species approved by the American Nursery and Landscape Association or a similar organization that may be specified elsewhere by township ordinance.

(4) The Planning Commission may waive this requirement if the site is buffered by adequate existing natural vegetation.

(BB) Shared use of towers is both permitted and encouraged.

(1) A new tower application shall not be accepted unless the applicant makes a good faith effort to substantially demonstrate that no existing or planned tower can accommodate the applicant’s antenna or transmitter.

(2) The applicant shall include documentation regarding the availability of any existing or approved, but not yet built communication towers within the transmission area that may meet the needs of the applicant.

(3) The supplied documentation shall evaluate the following factors:

(a) Structural capacity of the communication towers;

(b) Geographic service area requirements;

(d) Inability or ability to locate equipment on existing communication towers; and

(e) Any restriction of the FCC that would preclude the shared use of communication towers.

(4) And, further, the applicant for a new tower shall submit a written agreement, transferable to all successors and assigns, stating that the tower operator shall make space available on the tower for co-location. Proposed antenna locations shall be indicated on the site plan.

(CC) A prospective co-locator on an existing tower must provide the following in applying for a special land use permit, the review and written approval of which will be handled by, and will not be unreasonably withheld by, the Zoning Administrator or other designated official, unless he or she determines there are special issues or circumstances that compel a Planning Commission review:

(1) One copy of the original site plan for the tower, as amended;

(2) Information or documentation as needed to verify compliance with the requirements above; and

(3) Any fee that may be required for a special land use application.

(DD) All towers that cease to be used for a period of six continuous months shall be removed at the owner’s expense, including all equipment and structures, and the owner shall restore the site to its original condition within three months of a written notice and request by the township. If a tower is scheduled to be back in use within six months of the date of the township’s notice, as provided herein, the owner may apply to the Zoning Board of Appeals (ZBA) for an extension. Upon proof that use of the tower will recommence within six months of the notice to remove, the ZBA may grant an extension, not to exceed six months.

(EE) The applicant also shall submit to the township a valid certificate of liability insurance, to be renewed annually, listing the township and its past, present and future trustees as additional named insured. The certificate also shall state that if the policy is to be canceled before the expiration date thereof, the issuing company will mail a notice to the township, as certificate holder, at least 30 days before the expiration date. A cancellation notice shall be considered an event of default, which allows the township to draw the entire amount of the bond as security. If the insurance is allowed to lapse, the tower will be deemed to be no longer in use.

(FF) The following communication facilities are exempt from the above provisions, provided that they meet the requirements of the zoning district in which they are located and provided that the maximum height of these facilities shall be 60 feet:

(1) Citizen band radio facilities;

(2) Short wave facilities;

(3) Ham and amateur radio facilities;

(4) Television reception antennae;

(5) Satellite dishes;

(6) A farmer’s communication system; and

(7) Government facilities subject to state and federal law or regulations that preempt municipal regulatory authority.

(Ord. passed 6-28-2006; Ord. passed 7-6-2010)

§ 154.135 SHORT TERM RENTAL OF RESIDENTIAL PROPERTY.

Short term rental of single-family homes may be permitted in R-1A and R-1B, R-1C, R-2 and A/R Districts, subject to the following restrictions:

(A) A short term rental is a rental of residential property for a minimum of seven days and less than 30 days. Short term rentals of six days or less shall not be permitted. Rentals of single-family residential property for 30 days or more are exempt from the provisions of this section.

(B) The occupancy of the short term rental property shall be limited to two persons for each approved bedroom in the single-family home. Upon application, the premises shall be inspected by the Burtchville Township Zoning Administrator to determine the number of bedrooms and compliance with applicable building codes.

(D) Day time guests shall not exceed the amount of people permitted for overnight occupancy and shall leave the premises by 10:00 p.m.

(E) No overnight guests in excess of the number of persons identified in division (B) above shall be permitted.

(F) The number of cars on the premises at any one time shall be limited to one car for each approved bedroom.

(G) The property shall have adequate off street parking for the parking of cars allowed hereunder.

(H) The property owner shall designate a property manager, who shall reside within 25 miles of the property and provide 24-hour a day, seven days a week contact information for the manager during all times the premises are rented. This information shall be provided to Burtchville Township annually prior to May 1 or upon change of property manager.

(I) The property shall otherwise be used in compliance with all other Burtchviile Township ordinances and shall not be used in a manner which disturbs the adjacent neighbors.

(J) The property owner shall have each adult rental occupant sign an acknowledgment that the renter has been advised of rules in divisions (B) through (I) above.

(K) The property owner shall maintain records of each short term lease, number of occupants and registered cars for 12 months, which records shall be supplied to the township upon request of the Zoning Administrator or Supervisor.

(L) Any special land use permit approved by the Planning Commission shall be issued to the applicant, and upon transfer of ownership the succeeding owner must re-apply and provide updated property manager information.

(M) The property owner shall provide proof of liability insurance covering the short term rental activity annually on or before May 1 or upon change of insurance coverage.

(N) The property owner shall provide a sewage disposal evaluation from the St Clair County Health Department indicating no known problems or code violations.

(O) Annual fee to be paid prior to May 1 every year in the amount to be determined by the Board for the purpose of administration including maintaining records and sending notices to landlords.

(P) Failure to maintain records annually or any of the above section may result in special land use being revoked by Planning Commission and/or civil infraction being issued to property owner by the Zoning Administrator.

(Ord. passed 4-17-2017; Ord. passed 7-15-2024) Penalty, see § 154.99

§ 154.136 LIST OF SPECIAL APPROVAL LAND USES BY DISTRICT.

List of special approval land uses by district:

Name of Use	Section of Chapter	Districts Where Special Land Use May Be Allowed
Airports: personal use aircraft landing fields	154.133	A/R and I
Amusement and recreation services	154.120	GB
Bed and breakfast establishments	154.107	A/R, R-1A, R-1B, R-1C, R-2, RM and GB, where it is a permitted use
Boarding and rooming houses	154.119	A/R, R-1A, R-1B, R-1C, R-2, MHR and RM
Cemeteries	154.130	A/R (permitted use in RCC)
Churches	154.110	A/R, R-1A, R-1B, R-1C, R-2 and RM (permitted use in O and GB)
Combat game areas	154.128	A/R
Communication towers	154.134	RCC, O, GB, I (possibly A/R or any, see conditions)
Drive-in, fast food and carry-out restaurants	154.127	GB
Feedlots and raising of fur-bearing animals	154.109	A/R
Gasoline service stations	154.122	GB
Golf courses	154.112	A/R, R-1A, R-1B, R-1C, R-2 and RM
Government buildings	154.111	A/R, R-1A, R-1B, R-1C, R-2 and RM (permitted use in O and GB)
Group day care home	154.116	A/R, R-1A, R-1B, R-1C, R-2, MHR and RM
Gun clubs, shooting and archery ranges	154.129	A/R
High-pressure gas or high-voltage electrical transmission lines	154.099	All districts
Horse and dog race tracks	154.102	I
Hotels and motels	154.108	GB
Junkyards, auto salvage/wrecking yards, waste or scrap recycling operations and refuse transfer stations	154.105	I
Large-scale outdoor recreation uses	154.114	A/R
Lumber and building material dealers	154.103	GB and I
Mini-warehouses	154.131	GB (permitted use in I)
Motor vehicle repair and service facilities	154.123	GB
Motor vehicle washing	154.121	GB
Motorized vehicle race tracks	154.101	I
New auto and truck sales and showrooms	154.124	GB
Nursery school, day nursery and childcare center	154.117	MHR, RM, O and GB
Open-air display and sales of mobile homes, motorcycles and the like	154.126	GB
Orphanage, foster home, home for aged, indigent, physically or mentally disabled	154.118	RM
Outdoor theaters	154.100	GB and I
Private recreational areas	154.113	R-1A, R-1B, R-1C and R-2 (permitted use in A/R)
Public or commercial stable, kennel and veterinary clinic	154.115	A/R
Quarries	154.104	A/R and I
Short term rental of residential property	154.135	R-1A, R-1B, R-1C, R-2, A/R
Telephone exchange and static transformer stations, gas regulator stations and other utility provider buildings	154.106	All districts
Used auto and truck sales	154.125	GB
Wind energy conversion systems (windmills)	154.132	All districts

(Ord. passed 6-28-2006; Ord. passed 4-17-2017)