It is the purpose of this article to provide regulations and requirements that supplement the provisions contained under the respective district regulations in article III and may or may not apply in all zoning districts.

(Ord. of 6-9-2010, § 5.1)

(a)

The location or storage of abandoned, discarded, unused, unusable or inoperative vehicles, appliances, furniture, equipment or material shall be regulated as follows:

(1)

On any lot in any agricultural district, residential district or commercial district, the owner or tenant, but not for hire or for business, shall locate and store such materials within a completely enclosed building.

(2)

On any lot in any industrial district, the owner or tenant, whether or not for hire or for business, shall locate and store such materials within a completely enclosed building or within an area surrounded by a solid, unpierced fence or wall at least seven feet in height and not less in height than the materials located or stored therein and not closer to the lot lines than the minimum yard requirements for buildings permitted in said districts.

(3)

In any district, it shall be unlawful for any person to store, place or permit to be stored or placed, for a period of more than 15 days continuously, a dismantled, partially dismantled, improperly licensed or inoperable motor vehicle or any parts of a motor vehicle, on any parcel of land platted or unplatted, or any street adjacent thereto, unless either said motor vehicle or parts thereof shall be kept in a wholly enclosed garage or other wholly enclosed structure, or unless the owner or occupant of the said parcel of land is licensed as a secondhand dealer or junk dealer pursuant to the provisions of this chapter.

(4)

Nothing in this article shall permit the storage or parking of any vehicle or non-permanent structure within the required front yard of any lot within a residential district, except that the parking of an operable and licensed passenger vehicle on a driveway located on private property shall not be prohibited.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Dismantled or partially dismantled motor vehicles means motor vehicles from which some part or parts, which are ordinarily a component of such motor vehicle, has been removed or is missing.

Inoperable motor vehicles means motor vehicles which by reason of dismantling, lack of repair or other cause are incapable of being propelled under their own power.

Motor vehicles means any wheeled vehicles which are self-propelled or intended to be self-propelled.

(Ord. of 6-9-2010, § 5.9)

On any corner lot in any zoning district requiring front and side yards, no fence, wall, hedge, screen, sign, structure, vegetation or planting shall be allowed to impede vision between a height of three feet and eight feet above the centerline grades within the triangular area formed by the intersecting street right-of-way lines and a straight line joining the two street lines at points which are 30 feet distant from the point of intersection, measured along the street right-of-way line.

(Ord. of 6-9-2010, § 5.11)

(a)

In all districts, every use, building and/or structure established hereafter shall be on a lot or parcel which adjoins a public street.

(b)

Any use, building or structure located on a lot or parcel served by a nonconforming private road or access easement, may be improved, altered and/or replaced as otherwise allowed by this article, the single state construction code and other applicable ordinances without the necessity of dedication and acceptance of the private road or access easement by the public.

(Ord. of 6-9-2010, § 5.12)

(a)

Notwithstanding any other provisions of this article, land subject to periodic flooding shall be used only for agriculture and recreation uses, provided no structures are located within the area subject to flooding.

(b)

The location and boundaries of land subject to periodic flooding shall be determined by reference to the U.S. Soil Conservation Service, the U.S. Army Corps. of Engineers, or other official authority.

(Ord. of 6-9-2010, § 5.13)

State Law reference— Building and construction in floodplain, MCL 324.3108; soil conservation districts law, MCL 324.9301 et seq.; habitat protection, MCL 324.30101 et seq.; subdivision within or abutting floodplain, plat requirements, MCL 560.138; subdivision within floodplain, conditions for approval, MCL 560.194.

This section establishes the criteria for home occupations based on the impact of the business on the integrity and character of the neighborhood. A home occupation shall be clearly incidental and secondary to the use of the dwelling unit for residential purposes. All home occupations shall comply with the following:

(1)

Such home occupation should be carried on within the dwelling or within an accessory building thereto by the inhabitants thereof.

(2)

A home occupation may not employ more than one on-site employee who does not reside at the dwelling unit.

(3)

No article shall be sold or offered for sale on the premises except such as is produced within the dwelling or accessory building or is provided incidental to the service or profession conducted within the dwelling or accessory building.

(4)

There shall be no exterior storage of materials or equipment.

(5)

No nuisance shall be generated by any heat, glare, noise, smoke, vibration, noxious fumes, odors, vapor, gasses, matter, dust, or electromagnetic interference which is detectable in the neighborhood, at any time.

(6)

Any vehicles used in conjunction with a home occupation must be parked or stored in accordance with the provisions of section 36-328—General provisions, off street parking requirements. All vehicular traffic, in frequency, volume and vehicle type, shall be limited to that normally associated with residential areas.

(7)

There shall be no exterior evidence that a building is being used for any purpose other than a dwelling or accessory structure, except for one non-illuminated sign, specified in sign regulations, section 36-289(b).

(Ord. of 6-9-2010, § 5.14; Ord. No. 2024-01, 9-11-2024)

State Law reference— Instruction in craft or fine art as home occupation in single-family residence, MCL 125.3204.

All fence heights are measured from the surface of the ground below the fence to the highest part of the fence. Fences or fence designs which are not specifically required or specified under regulations for the individual zoning districts, or use, shall conform to the following requirements:

(1)

Fences in Lake Residential (RL-1) zoning district shall not be located in the front yard as defined in section 36-5 and the required front yard as defined in article III, division 6 of this chapter. Fences in the side and rear yards of properties in the RL-1 zoning district shall not exceed four feet in height and shall be of open design (such as chain link, split rail, etc).

(2)

Except as provided in subsection (1) of this section for RL-1 zoning districts, fences placed in the front of properties in any other zoning district shall not exceed four feet in height and shall be of open design. Fences in the rear and side yards of any zoning district shall not exceed six feet in height, may be of privacy type, and shall not extend into the front yard as defined in section 36-5 and the required front yard as defined in article III, division 6 of this chapter. Electrically charged perimeter fences shall only by allowed in agricultural districts and then only for the containment of farm animals. Fences in agricultural districts, when used to contain farm animals, shall conform to GAAMPS standards established for that purpose.

(3)

Fences that are placed on a corner lot of any zoning district shall comply with the intersection restrictions of section 36-246 (Visibility at Intersections), shall not exceed four feet in height and shall be of open design within the required setback of both roads as defined in article III, division 6 of this chapter, where the fence is contiguous with the road. Fences placed on through lots of any zoning district shall not exceed four feet in height and shall be of open design, within the required setback of both roads, as defined in article III, division 6 of this chapter.

(4)

Fences or any part thereof used for construction of a fence (such as anchoring devices, concrete, guy wires, etc.), shall not encroach on any adjacent property or road right-of-way. In all districts, all fences shall have the finished side of a fence facing to the outside, public side or adjacent property owner's side of the property.

(5)

Fences enclosing the perimeter of a property may be placed no closer than three inches of side lot lines and three inches of rear lot lines. Fences may be placed on lot lines with the written consent of both property owners at the time the permit is issued and on file with the zoning inspector.

(6)

A permit shall be obtained from the township zoning inspector prior to the construction or installation of a fence in any zoning district. The applicant shall provide a legal description of the property which shall be attached as part of the fence permit.

(Ord. of 6-9-2010, § 5.15; Ord. No. 12-04, 7-11-2012)

(a)

Circuses, carnivals or other transient enterprises or individuals selling goods, wares, merchandise or tickets may not be permitted in any district without the written approval of the police administrator, zoning inspector or duly appointed official, based upon the findings that the location of such activity will not adversely affect the adjoining properties, not adversely affect public health, safety, morals and the general welfare and without first obtaining a license.

(b)

Licenses shall be issued by the township upon forms provided by the clerk, upon compliance with the state and local health and safety codes. Licenses shall expire on December 31 of each year.

(c)

Any license issued by the township may be revoked or suspended if it is unlawful, fraudulent in nature or contrary to public health, safety, morals and general welfare. Revocations may be appealed to the zoning board of appeals.

(Ord. of 6-9-2010, § 5.16)

(a)

Nothing in this article shall prohibit the provision of essential services, provided the installation of such service does not violate any other applicable provision of this article.

(b)

Nothing in this section shall be construed to permit the erection, construction or enlargement of any building, tower or maintenance depot for provision of an essential service except as otherwise permitted in this article.

(Ord. of 6-9-2010, § 5.17)

Curb cuts and driveways may be located only upon approval by the zoning inspector and such other county and state authorities as required by law; provided, however, such approval shall not be given where such curb cuts and driveways shall unnecessarily increase traffic hazards.

(Ord. of 6-9-2010, § 5.18)

No building or structure shall be located within 100 feet of the existing right-of-way line for the following major streets and highways: M-50 and US-12. Notwithstanding, signs and fences may be located within this 100 feet setback, provided such a sign or fence otherwise complies with setbacks and all other provisions of this chapter regulating signs and fences within the zoning district in which it is located, or otherwise generally regulating signs or fences, and further provided that a permit for such sign or fence has been issued by the Michigan Department of Transportation (MDOT) if required.

(Ord. of 6-9-2010, § 5.19)

The division of an unplatted parcel of land shall be accomplished only in accordance with the procedure set out in the land division act and the township land division ordinance. A private road, if allowed by variance or otherwise, which serves more than one separately held parcel, or more than one dwelling unit, or more than one commercial or industrial activity shall be constructed to county road commission standards. No building or occupancy permit shall be issued in such cases until the division has been approved and the owner has first secured approval of the county health department for lots intended for building purposes if said lots are not served by public water and sanitary sewer.

(Ord. of 6-9-2010, § 5.20)

Funneling, as defined in section 36-5, shall be permitted subject to the following restrictions:

(1)

A lot or parcel used for funneling shall comply in size with the requirements of this chapter for the district in which it is located. (Lake residential district requires 100 feet of lake frontage and 150 feet depth minimum.)

(2)

A minimum of 25 feet of waterfront frontage shall be provided for each dwelling unit, parcel or lot afforded waterfront access.

(3)

Not more than five power craft shall be allowed for each 100 feet of waterfront approved for funneling. The limitation applies only to craft powered by engines and there is no limit on the number of row boats, dinghies, rubber boats, canoes or small boats, provided they are not powered by engines.

(4)

Funneling shall not be construed as to apply to members of the immediate family or occasional guests of the riparian property owner.

(5)

Wetlands shall not be utilized to calculate water frontage or the lot area of a common waterfront access site.

(6)

On common waterfront sites with water frontage greater than 300 feet, vegetative buffers shall be established of sufficient size and location to afford adequate screening from adjacent properties.

(7)

Overnight vehicle parking and the usage of camping tents, motor homes and trailers shall not be permitted within the boundaries of the common waterfront site. No facilities for launching power craft from the common waterfront site shall be permitted.

(8)

The provisions of section 36-526, nonconforming uses of parcels or lots used for funneling at the date of adoption of this amendment, July 12, 1989, shall be permitted to be used for such purposes in accordance with the provisions of section 36-526.

(Ord. of 6-9-2010, § 5.21)

The intent of this section is to permit the development of single-family detached dwellings by site planning the layout of individual dwellings, streets and open space. To accomplish development under this option, the following conditions shall apply:

(1)

In the one-family residential districts the site planning of individual single-family detached dwellings may be permitted after review of a site plan in accordance with the requirements set forth and regulated in in division 7 of this article (site plan review and approval). The planning commission in making its review shall find that the following minimum standards are fully met:

a.

An area equal to the minimum land area requirements of the district shall be provided for each dwelling unit, including the building site.

b.

Setbacks shall be provided for each building site equal to the minimum setback requirements of the district as set forth below:

1.

Front setback shall be measured from the street right-of-way or from the similar line of a private street easement to the front of the building site.

2.

Side setback shall be measured from building site to building site and shall be at least equal to the total minimum side yard setback requirement of the district between two single-family dwellings.

3.

Rear setback shall be measured from the rear line of the building site to the rear property line or to the nearest common space area.

c.

All streets shall be built to standards required of all subdivisions as provided in the township subdivision control ordinance.

d.

All utilities shall be installed pursuant to the requirements set out for subdivisions in chapter 20.

e.

The condominium subdivision plan shall include all necessary easements for the purposes of constructing, operating, inspecting, maintaining, repairing, altering, replacing and/or removing pipelines, mains, conduits and other installations of a similar character for the purpose of providing public utilities, and excavating and refilling ditches and trenches, necessary for the location of said structures. All utilities shall be installed in conformity with the requirements of chapter 20.

f.

Topography and drainage features, including water and storm water run-off across, through and under the property, shall be in conformity with the specifications set out in chapter 20.

g.

The maximum number of stories and building height restrictions of the district shall be met as shall the minimum floor area requirements of the district. Any detached accessory uses shall comply with the applicable standards of this article for such uses.

(2)

Setbacks required for such uses shall be measured from the outer perimeter of the land area boundaries as required in this section for each individual single-family detached dwelling.

(Ord. of 6-9-2010, § 5.22)

State Law reference— Condominium act, MCL 559.101 et seq.; land division act, MCL 560.101 et seq.

A marina, as defined in this section, shall not be permitted in any single-family residential district. A marina, as defined in this article, shall be allowed as conditional use in Commercial Recreation Districts (C-4) and General Commercial Districts (C-2), subject to the following restrictions:

(1)

A lot used for a marina shall comply in size requirements with the requirements of this chapter for the zoning district in which it is located.

(2)

A lot used for a marina shall have a minimum of 100 feet of waterfront frontage.

(3)

Not more than five power craft and not more than ten non-power craft shall be launched, docked, moored or stored daily, in season, for each full 100 feet of waterfront approved for a marina.

(4)

No storage, mooring or dockage of any watercraft shall be permitted except in season. In-season shall be from May 1 to September 30 each year.

(5)

Wetlands or lands subject to utility, maintenance or other easement, shall not be utilized to calculate water frontage or lot area.

(6)

Upon the request of adjacent property owners located within 300 feet of a marina, vegetative or other appropriate buffers shall be established of sufficient size and location to afford adequate screening from adjacent properties.

(7)

A marina shall not operate before sunrise nor past sunset.

(8)

Overnight vehicle parking, camping or boat docking or mooring shall not be permitted. Public bathing, swimming, or toilet facilities, restaurants, food preparation or serving, picnicking or retail establishments shall not be permitted.

(9)

In the event petroleum products are to be sold, stored or dispensed, the site shall comply with the requirements for automobile service stations and all environmental and safety regulations mandated by federal, state and/or local laws, regulations or ordinances and such further conditions as may be imposed by the township to promote public health, safety and welfare. Petroleum products shall not be sold, stored or dispensed except in season.

(10)

All federal and state laws, regulations and/or ordinances, including, but not limited to, MCL 324.30101 et seq., governing the location and operation of marinas and any permits required thereunder shall be obtained prior to the operation of a marina.

(11)

A site plan shall be submitted to and approved the township planning commission in accordance with division 7 of this article.

(Ord. of 6-9-2010, § 5.23)

(a)

Unless otherwise provided below or in any other provision of this article, animals or domestic fowl, with the exception of dogs, cats, canaries or animals commonly classified as household pets, shall not be permitted in any zoning district, except as follows:

(1)

In Agricultural (AG-1) and Rural Non-Farm (RNF-1) Zoning Districts, livestock and animals not customarily classified as household pets may be kept on a parcel of not less than five acres in area;

(2)

No animal waste products shall be located within 100 feet of any residential structure located on any other parcel; and

(3)

The keeping, location and care of livestock and animals not customarily classified as household pets shall comply with Generally Accepted Agricultural Management Practices (GAAMPS) adopted by the state.

(b)

This section shall not be construed to nullify any additional or different requirements imposed under this article to regulate such uses as kennels, feeder lots, riding stables, etc.

(Ord. of 6-9-2010, § 5.23)

State Law reference— Michigan family farm development act, MCL 285.251 et seq.; Michigan right to farm act, MCL 286.471 et seq.; farmland and open space preservation, MCL 324.36101 et seq.

The intent of this section is to permit an attached or detached residential secondary dwelling on a parcel within the AG-1, RNF-1, RL-1 and RS-1 zoning districts where there is an existing single family dwelling. A residential secondary dwelling shall meet all applicable requirements of the township zoning ordinances in addition to the following regulations:

(1)

Number. No more than one residential secondary dwelling shall be permitted on any one parcel.

(2)

Maximum structure size. No residential secondary dwelling shall have a floor area of more than 50 percent of the floor area of the existing single family dwelling on the parcel or 900 square feet, whichever is less.

(3)

Ownership. The primary single family dwelling and the residential secondary dwelling shall remain under common ownership, and shall be reflected in the parcel deed that stipulates the secondary dwelling may not be conveyed separately from the primary dwelling. The township board shall establish a declaration of restriction that shall be filled out and recorded with Lenawee County, by the owner of the property, prior to final inspection of the project. If a property with an existing residential secondary dwelling unit is sold or the ownership of the property is transferred to a new owner, the new owner has six month from the transfer of ownership to make the property their primary residence or remove the residential secondary dwelling unit.

(4)

Number of bedrooms. Residential secondary dwellings shall have a maximum of two bedrooms.

(5)

Occupancy. A residential secondary dwelling will have the following occupancy restrictions:

a.

The residential secondary dwelling shall house a maximum of two people or two people per bedroom, whichever is greater.

b.

The owner of the subject parcel must be the primary resident of either the single family dwelling or the residential secondary dwelling.

(6)

Leasing/rental. If a residential secondary dwelling is leased or rented, the minimum duration of the lease or rental period shall be 30 days. Subletting a residential secondary dwelling is prohibited.

(7)

Construction. A residential secondary dwelling, as long as all other regulations of the Township code are met, may be:

a.

Attached to a single family dwelling as a new addition or internally located within a single family dwelling (basement, attic, or closing off a portion of the structure),

b.

Detached from a single family dwelling as a standalone structure, or as a part of a detached garage or detached accessory structure.

c.

Converted from an existing attached or detached accessory structure (example: garage or barn converted to a detached residential secondary dwelling). If an existing accessory structure is converted into a residential secondary dwelling the structure must meet all the requirements for the residential secondary dwelling.

(8)

Location. A residential secondary dwelling shall:

a.

Be located on the same parcel as a single family dwelling.

b.

Meet the applicable zoning district regulations for the minimum yard requirements for a single family dwelling.

c.

Be prohibited in the front yard.

d.

Be prohibited on a property with any non-conforming structure on it.

(9)

Design. A residential secondary dwelling shall have the following design elements in addition to all other design elements required in the ordinance:

a.

A residential secondary dwelling shall maintain all architectural design, style, and appearance features of the single family dwelling unless the residential secondary dwelling is converting an existing accessory structure into the residential secondary dwelling, than the residential secondary dwelling unit can maintain the architectural design, style, and appearance features of the existing accessory structure.

b.

An attached residential secondary dwelling shall either utilize the same entrance as the single family dwelling or the entrance shall be located off the side or rear of the structure.

c.

A detached residential secondary dwelling shall not exceed the maximum height allowed for the single family dwelling or the actual height of the single family dwelling, whichever is less.

d.

The address of both the residential secondary dwelling and the single family dwelling shall be clearly marked at entrance to the driveway.

(10)

Parking. A parcel where a residential secondary dwelling is located shall:

a.

Meet the off-street parking regulations for the single family dwelling in section 36-330 (two spaces).

b.

Include a minimum of one additional off-street parking space dedicated to the residential secondary dwelling. This parking space shall not interfere with the parking spaces required for the single family dwelling.

(11)

Access. The residential secondary dwelling shall share a common driveway with the single family dwelling.

(12)

All residential secondary dwellings shall comply with all applicable zoning regulations, building codes and all applicable state and federal laws, regulations, and codes.

(13)

Private restrictions on the use of property shall remain enforceable and take precedence over these additional district regulations. Private restrictions include, but are not limited to, deed restrictions, condominium master deed restrictions, neighborhood association bylaws, and covenant deeds. The interpretation and enforcement of the private restriction is the sole responsibility of the private parties involved.

(Ord. No. 18-02, Att. C, 7-11-2018)

It is the purpose of this division to provide regulations and requirements that supplement the provisions contained under the respective district regulations in article III of this chapter and may or may not apply in all zoning districts.

(Ord. No. 16-03, § 5.2.1, 8-10-2016)

The intent and purpose of this division is to regulate on-site and outdoor advertising to protect the public health, safety and general welfare, to protect property values, to improve communication, and to protect the character of the various neighborhoods in the township. While this division recognizes that signs and outdoor advertising are necessary to promote commerce and public information, failure to regulate them may lead to deterioration and blight of business or residential areas of the township, conflicts between different types of land use, and/or reduction in traffic safety for pedestrians and motorists.

(Ord. No. 16-03, § 5.2.1, 8-10-2016)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Animated sign or changing message sign means any sign which includes action, motion, the optical illusion of action or motion or color changes of all or parts of the sign facing, requiring electrical energy or set in motion by movement of the atmosphere or a sign made up of a series of sections that turn and stop to show two or more pictures or messages in the copy area. An electronic message sign is one type of this sign.

Announcement bulletin means a changing message sign used by a church, civic organization, public building, or school, which may include an electronic message sign.

Billboard. See Outdoor advertising sign.

Business center means a group of two or more stores, offices, research or manufacturing facilities which collectively have a name different than the name of any of the individual establishments and which have common off-street parking and entrance facilities.

Canopy or marquee sign means any sign attached to or constructed within or on a canopy or marquee.

Community welcome sign means any sign that bears names, information, emblems of service clubs, places of worship, civic organizations, and quasi-public uses.

Directional signs means any sign which directs traffic movement onto or within a property and which do not contain any advertising copy or logo.

District. See article II of this chapter.

Electronic message sign means a sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means, including animated graphics and video.

Animated and flashing sign means a sign that has moving, blinking, chasing, scrolling, or other animation effects with the exception of fading and dissolve, either inside or outside a building and which are visible from a public right-of-way.

Dissolve means a mode of message transition of an electronic message sign accomplished by varying the light intensity or pattern, where the first message gradually and uniformly appears to dissipate and lose legibility simultaneously with the gradual and uniform appearance and legibility of the second message.

Electronic message boardor screen means a sign, or portion of a sign, that displays an electronic image or video, which may or may not include text and uses changing lights to form a message in text form wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic process.

Fade means a mode of message transition on an electronic message sign accomplished by varying the light intensity, where the first message gradually and uniformly reduces intensity to the point of not being legible and the subsequent message gradually and uniformly increases in intensity to the point of legibility.

Freestanding sign means a sign which is attached to, or is part of, a completely self-supporting structure. The supporting structure shall be placed in or below the ground surface and not attached to any building or any other structure whether portable or stationary.

Identification sign means a sign which carries only the name of the firm, the major enterprise, or the principal product or service offered for sale on the premises or a combination of these things only to identify location of said premises and not to advertise. Such signs shall be located only on the premises on which the firm or major enterprise is situated, or on which the principal product is offered for sale.

Nonconforming sign means a sign which does not meet the requirements set forth in this division.

Off-site sign (off-premises sign) means a sign which advertises or identifies only goods, services, facilities, events or attractions at a site other than on the premises where the sign is located.

On-site sign (on-premises sign) means a sign which advertises or identifies only goods, services, facilities, events or attractions on the premises where the sign is located.

Outdoor advertising sign means a sign, including billboards, on which the written or pictorial information is intended to advertise a use, product, service, goods, event or facility located on other premises, and which is intended primarily for advertising purposes.

Portable sign means any sign not permanently attached to the ground or a building.

Sign means any structure or device, illuminated or otherwise, which displays any message, banner, emblem, insignia or other representation in the nature of an announcement, advertisement, direction, or designation, of any person, firm, organization, place, commodity, service, business, profession, or industry, designed to inform, or attract attention from outside the premises.

Sign area means the area of a sign or signs consisting of the entire surface of any regular geometric form or combination of regular geometric forms, comprising all of the display area of the signs or signs and including all the elements of the matter displayed. Frames and structural members not bearing advertising matter shall not be included in the computation of such area.

Sign height means the vertical distance to the top edge of the copy area or structure, whichever is higher, as measured from the adjacent street grade.

Temporary sign means a sign which is easily moveable, not permanently attached to the ground or a building and which is intended to be displayed for a limited period of time.

Variable message sign means a sign which, by electronic means or otherwise, alternately displays more than one image or message.

Wall sign means any sign that shall be affixed parallel or perpendicular to the wall or printed or painted on the wall of any building; provided, however, said wall sign shall not project above the top of the wall or beyond the end of the building. For the purpose of this division, any sign display surface that is affixed flat against the sloping surface of a mansard roof shall be considered a wall sign.

Window sign means a sign installed on or in a window for the purposes of viewing from outside the premises.

(Ord. No. 16-03, § 5.2.2, 8-10-2016)

The following types of signs are exempted from all provisions of this division.

(1)

Signs not exceeding one square foot in area each, whether posted on a pole by itself or in tandem with others, and bearing only property numbers, post box number, names of occupants of premises, or other identification of premises not having commercial connotations.

(2)

Flags and insignias of the United States, state and local governments, educational institutions, and unique/specialty flags, except when displayed in connection with commercial promotion.

(3)

Signs of a non-commercial nature and in the public interest, erected on the order of a public officer or governmental office, such as directional signs, regulatory signs, warning signs, legal notices and informational signs.

(4)

Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.

(5)

Integral decorative or architectural features of buildings, names of buildings, date of erection, monument citations, commemorative tablets, and the like, when carved into stone, concrete, or similar material or made of other permanent type construction and made an integral part of the structure.

(6)

Political campaign signs installed no more than 60 days in advance of the election or primary and removed no later than five days following the election or primary.

(Ord. No. 16-03, § 5.2.3, 8-10-2016)

The following regulations shall apply to all signs in the township:

(1)

No sign shall be erected at any location, where by reason of the position, size, shape, color, movement, or illumination may interfere with or obstruct the view of traffic, nor shall any sign be confused with any authorized traffic sign, signal, or device.

(2)

No sign shall be attached to trees or any landscaping features (such as landscaping blocks).

(3)

All signs shall be designed, constructed, and maintained so as to be appropriate in appearance with the existing or intended character of their vicinity so as not to change the aesthetic character of such area.

(4)

Illuminated signs.

a.

Residential districts. Only indirectly illuminated signs shall be allowed in any residential district provided such sign is so shielded as to prevent direct light rays from being visible from a public right-of-way or any adjacent residential property.

b.

Agricultural, commercial, and industrial districts. Indirectly or internally illuminated signs are permitted provided such signs are shielded to prevent direct light rays from being visible from a public right-of-way or any adjacent residential property.

c.

Illuminated signs shall comply with the National Electrical Code provisions concerning signs and wiring.

(5)

Measurement of sign area. The area of a sign shall be computed as including the entire area within a regular geometric form or combination of such forms comprising of the display area of the sign and including all the elements of the matter displayed as measured three inches in from the outside edge of the border of said geometric form or combination of forms.

(6)

Height of sign. No freestanding sign shall exceed a height of 35 feet.

(7)

Setback required for signs. All signs shall be set back from the adjacent road by a distance of not less than one-half of the setback required for a structure on said parcel as provided for in the setback requirements of this chapter except that in commercial and industrial districts where parcels adjoin a road right-of-way which is in excess of eighty feet, the setback shall not be less than one-fourth of the required setback for a structure on said property. The planning commission may, as part of a site plan review, allow a sign in the above-mentioned exception to be closer to the road right-of-way provided that no part of any sign extends beyond the subject parcel.

(8)

Business flags. A flag that displays the company name and/or logo shall be permitted in commercial and industrial zoning districts, subject to the following regulations:

a.

The flags shall be located on the same lot as the business building or use.

b.

Notwithstanding any other provision of this division, business flags shall meet the yard requirements for signs and the height limits for structures in the zoning district in which located.

c.

The area of each business flag shall not be included in the sign area that is permitted on a lot.

d.

Not more than one business flag shall be permitted for each public road frontage of the lot on which located.

e.

All business flags shall be set back from adjacent roads no less than one-half of the minimum setback required for a structure on said parcel as provided for in this chapter.

(Ord. No. 16-03, § 5.2.4, 8-10-2016)

(a)

Banners. Banners, pennants, searchlights, twirling signs, sandwich board signs, sidewalk or curb signs, balloons, or other forced air- or gas-filled figures are prohibited except as provided in section 36-294, temporary signs.

(b)

Animated and flashing signs. An animated or flashing sign that by itself or by source of the illumination creates a hazard for persons using the public street or sidewalk or otherwise causes discomfort or interference to the occupants of neighboring property is prohibited.

(c)

Parking of advertising vehicles. No person shall park any vehicle or trailer on a public right-of-way, public property, or on a private property so as to be visible from a public right-of-way, or which obstructs the view in any direction at a street or road intersection. Currently licensed vehicles and trailers that have painted on them in a permanent manner the name of the product which they deliver and/or the name and address of the owner or business, shall be excluded from this provision.

(d)

Flags. Flags of any other nation when flown by itself, not accompanied by the American flag, shall be prohibited. All flags shall be flown as prescribed by Flag Etiquette—Standards of Respect. (See http://www.usflag.org/flagetiquette.html.)

(e)

Portable signs. Portable signs, except any signs permitted by this article, are prohibited.

(f)

Unclassified signs. The following signs are prohibited:

(1)

Signs that imitate an official traffic sign or signal which contain the words stop, go, slow, caution, danger, warning, or similar words except as otherwise provided in this section.

(2)

Signs that are of a size, location, content, coloring, or manner of illumination which may be confused with or construed as a traffic control device or which hide from view any traffic or street sign or signal, or which obstruct the view in any direction at a street or road intersection.

(3)

Signs that contain statements, words, or pictures of an obscene, pornographic, or immoral character.

(4)

Signs that are painted on or attached to any fence or wall that is not a structural part of a building except to identify a residence as defined in section 36-285.

(5)

Signs that emit audible sound, odor, or visible matter.

(6)

Roof signs that extend above the peak of the roof.

(Ord. No. 16-03, § 5.2.5, 8-10-2016)

Subject to the other conditions of this article, the following signs shall be permitted anywhere within the township:

(1)

Community welcome signs. Each sign shall not be more than 24 square feet in area, shall not exceed a height of eight feet, and shall be set back a minimum of ten feet from the property line. All signs shall be consolidated within a single frame, if more than one sign is placed at one location.

(2)

Directional signs. Each sign shall not exceed eight square feet in area. Horizontal directional signs however, on and flush with paved area, may exceed eight square feet. Directional signs shall be located on the property on which they are directing traffic and shall be located behind the front right-of-way line.

(3)

Announcement bulletins. One church, civic organization, public building, or school announcement bulletin shall be permitted on any site that contains said organization or building, regardless of the district in which it is located, provided said bulletin does not exceed 32 square feet in area where the speed limit is 45 miles per hour or less, and 60 square feet in area where the speed limit is 46 miles per hour or more and a height of 25 feet, and is set back from an adjacent road a minimum of one-half of the setback required for a structure on said parcel as provided for in this chapter. In such instances, said announcement bulletin may be incorporated within the identification sign for said organization or building.

(Ord. No. 16-03, § 5.2.6, 8-10-2016)

(a)

One identification sign shall be permitted for each public street frontage of a subdivision, multiple-family building development, or mobile home park. Each sign shall not exceed 32 square feet in area. One additional design advertising "For Rent" or "Vacancy" signs may be placed on each public street frontage of a rental residential development provided that such sign shall not exceed four square feet in area and is incorporated into the identification sign. Each sign shall be set back not less than five feet from the right-of-way line of any public street, and shall not exceed four feet in height.

(b)

One non-illuminated identification sign shall be permitted for a home occupation, a family day care home, or a group day care home. The sign shall not exceed four square feet and shall be attached to the front of the home or placed in the window.

(Ord. No. 16-03, § 5.2.7, 8-10-2016)

(a)

One sign advertising the type of farm products grown on a farm premises shall be permitted in this district. Such sign shall not exceed 24 square feet in area.

(b)

One identification sign shall be permitted for a home occupation, a family day care home, or a group day care home. The sign shall not exceed 24 square feet in area.

(c)

One identification sign shall be permitted for an approved conditional use. The size and location of the sign shall be determined by the planning commission as a part of the review of the application for a conditional use permit.

(Ord. No. 16-03, § 5.2.8, 8-10-2016)

On-site canopy or marquee signs, wall signs, and freestanding signs are permitted in all commercial and industrial districts subject to the following conditions:

(1)

Signs are permitted for single buildings on developed lots or a group of lots developed as one lot, not in a business center subject to subsection (2) of this section.

a.

Area. Each developed lot shall be permitted at least 80 square feet of sign for all exterior on-site signs. The area of exterior on-site signs permitted for each lot shall be determined as two square feet of sign area for each one linear foot of building length which faces one public street.

b.

Number. Each developed lot shall be permitted two exterior on-site signs. For every developed lot that has frontage on two collector or arterial streets, three exterior on-site signs shall be permitted. Only one freestanding identification sign shall be permitted on any street frontage. All businesses without ground floor frontage shall be permitted one exterior wall sign, in addition to the number of signs allocated to the developed lot. The total area of all exterior signs shall not exceed the total sign area permitted in subsection (1)a of this section.

(2)

Signs permitted for a shopping center, office park, industrial park, or other integrated groups of stores, commercial buildings, office buildings or industrial buildings, not subject to this section.

a.

Freestanding signs. Each business center shall be permitted one freestanding identification sign for each frontage on a public street. Each sign shall state only the name of the business center and the major tenants located therein. The maximum permitted sign area shall be determined as one square foot for each one linear foot of building which faces one public street. The maximum area for each freestanding sign shall be 200 square feet. Tenants of a business center shall not permit individual freestanding identification signs.

b.

Wall signs. A business center shall be permitted a total exterior wall sign area of one square foot for each one linear foot of building frontage for all ground floor tenants.

c.

Park signs. A freestanding sign, identifying the primary tenants in an office park or industrial park, may be installed at the entrance to a park. Each parcel in a park will be allowed one available space on a park sign. Each space shall be no larger than eight inches by 48 inches. Park signs shall be no higher than six feet above the height of the public road at the point of the centerline most closely adjacent to the sign. No park sign shall be greater than eight feet long. All park signs shall be located no closer to an adjacent road than one half of the minimum setback required for a structure on said parcel as provided in this chapter.

(3)

A time and temperature sign shall be permitted in addition to the above-permitted signs, provided that ownership identification or advertising copy does not exceed ten percent of the total sign and further provided that the total area of the sign does not exceed 30 square feet.

(4)

No canopy or marquee sign shall extend into a public right-of-way. The sign shall not obstruct pedestrian or vehicular view; and the sign shall not create a hazard for pedestrian or vehicular traffic.

(5)

Service station signs. In addition to the provisions of subsections (1) and (2) of this section, an automobile service station may have up to an additional 32 square feet of sign area within each of the allowed freestanding sign, for the purpose of advertising gasoline prices and other services provided on the premises. An identification or legend sign may also be placed on the canopy.

(Ord. No. 16-03, § 5.2.9, 8-10-2016)

(a)

Electronic message signs shall be allowed as a permitted use in C-1, C-2, C-3 and I-1 districts. The square footage of these signs shall be counted into the maximum sign area allowed for the district.

(b)

Electronic message signs may be allowed as a conditional use for all announcement bulletins, to include schools, churches, civic organizations, and public buildings in any district.

(c)

All electronic message signs shall be subject to the following limitations in all districts:

(1)

Applications for electronic message signs shall contain a complete copy of the manufacturer's specifications, including, but not limited to, the maximum capable light output, information on automatic dimming features, and evidence that the electronic message board is UL listed.

(2)

The size of the electronic message board or screen cannot exceed 25 square feet.

(3)

Screen changes must be made as follows:

a.

If the speed limit is less than or equal to 35 miles per hour, no less than 1.5 seconds.

b.

If the speed limit is 36 miles per hour or more, no less than three seconds.

(4)

The message must be changed using subtle transitions such as dissolve or fade. No scrolling, blinking, spinning, or slot machine type transitions are allowed.

(5)

Electronic message signs must utilize automatic dimmer software and solar sensors or daylight harvesters, to control brightness for viewing at night or in cloudy conditions.

(Ord. No. 16-03, § 5.2.10, 8-10-2016)

Outdoor advertising signs shall be permitted only in accordance with the following regulations and are accompanied by an appropriate site plan review:

(1)

Outdoor advertising signs shall be permitted in an agricultural district on state or federal highways, a commercial or industrial district, and shall be subject to the highway advertising act of 1972 (Public Act No. 1972 (MCL 252.301 et seq.) as amended by Public Act No. 533 of 1998). Seasonal agricultural signs are allowed in all districts except all residential districts for a period not to exceed 150 days in any 365-day period.

(2)

Off-site signs are required to conform to yard and height requirements as other principal structures or buildings in the zone in which they are situated. Outdoor advertising signs shall not exceed 35 feet in height from ground level.

(3)

Where two or more outdoor advertising signs are along the frontage of a single street or highway, they shall not be less than 1,000 feet apart. A double face (back-to-back) or a V-type structure shall be considered a single sign provided the interior angle of such signs does not exceed 20 degrees.

(4)

The total surface area, facing in the same direction of any off-site sign, shall not exceed 300 square feet in area and be no less than 25 square feet in area.

(5)

Outdoor advertising signs shall not be erected on the roof of any building, nor have one sign above another sign.

(6)

Outdoor advertising signs may be illuminated by reflected light only, provided the source of light is not directly visible and is so arranged to reflect away from any adjoining premises and provided that such illumination shall not be placed as to cause confusion or a hazard to traffic or conflict with traffic control signs or lights. No illumination involving movement by reason of lighting arrangement or other devices shall be permitted.

(Ord. No. 16-03, § 5.2.11, 8-10-2016)

(a)

In single-family and two-family districts, one sign for each public street frontage advertising a recorded subdivision or development shall be permitted. Each sign shall not exceed 64 square feet in area. Each sign shall be removed within two years after it is erected or when 75 percent of all lots or units within the subdivision or development are sold, whichever first occurs.

(b)

In multiple-family districts, one sign, not to exceed 64 square feet in area, shall be permitted on each public street frontage of a new multiple-family development for the purpose of advertising new dwelling units for rent or sale. When 70 percent of the dwelling units have been either rented or sold (within the initial development), the sign shall be removed within 60 days.

(c)

One identification sign shall be permitted for all building contractors, one for all professional design firms, and one for all lending institutions on sites under construction, each sign not to exceed six square feet in area, with not more than a total of three such signs permitted on one site. If all building contractors, professional design firms, and lending institutions join together in one identification sign, such sign shall not exceed 32 square feet in area, and not more than one sign shall be permitted on a site. Signs shall have a maximum height of ten feet and shall be confined to the site of the construction, construction shed, or construction trailer and shall be removed within 14 days after the issuance of a certificate of occupancy.

(d)

Temporary signs announcing any annual or semi-annual event or function, located entirely within the premises on which the event or function is to occur, shall be permitted. Maximum sign area shall not exceed 32 square feet. Signs shall be allowed not more than 30 days in a calendar year. If building-mounted, signs shall be flat wall signs and shall not project above the roof line. If ground-mounted, signs shall not exceed six feet in height. Signs shall be set back in accordance with section 36-244(7).

(e)

Banners, pennants, searchlights, balloons, or other forced air- or gas-filled figures or objects shall be permitted at the opening of a new business or special event in a commercial or industrial district, for the period not to exceed 14 consecutive days. Such signs shall not obstruct pedestrian or vehicular view and shall not interfere in any way with safe vehicular and/or aircraft traffic flow.

(f)

Temporary direction signs, not exceeding four square feet in area and four in number, showing a directional arrow, shall be permitted on approach routes to the location, only for the days of the event. Signs shall not exceed four feet in height.

(g)

In residential districts, one temporary real estate sign, located on the property and not exceeding four square feet in area or 24 square feet in area in all other districts shall be permitted. If the lot has frontage on multiple streets, one additional sign not exceeding four square feet in area in residential districts or 24 square feet in area in all other districts shall be permitted. Under no circumstances shall more than two such signs be permitted on a lot. Such signs shall be removed within 14 days following the advertised event. In no case shall a sign advertise an event not occurring on the property on which the sign is located.

(Ord. No. 16-03, § 5.2.12, 8-10-2016)

Nonconforming signs shall not:

(1)

Be reestablished after the activity, business, or usage to which it relates has been discontinued for 60 days.

(2)

Be structurally altered so as to prolong the life of the sign or so as to change the shape, size, type, or design of the sign, unless the sign is being structurally altered to conform with this division.

(3)

Be reestablished after damage or destruction, if the estimated expense or reconstruction exceeds 50 percent of the replacement costs as determined by the township inspector.

(Ord. No. 16-03, § 5.2.13, 8-10-2016)

(a)

The zoning administrator shall order the removal of any sign erected or maintained in violation of this division except for legal nonconforming signs. A 30-day notice, in writing, shall be given to the owner of such sign or of the building, structure, or premises on which said sign is located to remove the sign. The township shall also remove the sign immediately and without notice if it reasonably appears that the condition of the sign is such as to present an immediate threat to the safety of the public. Any cost of removal incurred by the township shall be assessed to the owner of the property on which said sign is located and may be collected in the manner of an ordinary debt or in the manner of taxes and such charge will be a lien on the property.

(b)

A sign shall be removed by the owner or lessee of the premises upon which the sign is located within 180 days after the business which it advertises is no longer conducting business on the premises. If the owner or lessee fails to remove the sign, the township shall remove it in accordance with the provision stated in subsection (a) of this section. These removal provisions shall not apply where a subsequent owner or lessee conducts the same type of business and agrees to maintain the signs to advertise the type of business conducted on the premises and provided the signs comply with the other provisions of this article.

(Ord. No. 16-03, § 5.2.14, 8-10-2016)

A permit shall be required to erect or replace a sign that is regulated by this division. The application shall be made by the owner of the property, or authorized agent thereof, to the township office by submitting the required forms, proper sketches and dimensions, and fee as currently established or as hereafter adopted by resolution of the township board from time to time. As part of the permit process, within 15 days of sign completion, a legible photograph must be submitted to the township office for inclusion into the master township sign inventory record.

(Ord. No. 16-03, § 5.2.15, 8-10-2016)

State Law reference— Highway advertising act, MCL 252.301 et seq.

In all districts, there shall be provided at the time any building, structure or use is established, enlarged or increased in capacity, off-street parking spaces for motor vehicles with the requirements herein specified. Such off-street parking spaces shall be maintained and shall not be encroached upon by structures or other uses so long as the principal building, structure or use remains, unless an equivalent number of such spaces are provided elsewhere in conformance with this article.

(1)

Plans. Plans and specifications showing required off-street parking spaces, including the means of access and interior circulation, shall be submitted to the zoning inspector for review at the time of application for a zoning compliance permit for the erection or enlargement of a building.

(2)

Location of off-street parking areas. Required off-street parking facilities shall be located on the same lot as the principal building or on a lot within 300 feet thereof except that this distance shall not exceed 150 feet for single-family and two-family dwellings. This distance specified shall be measured from the nearest point of the parking facility to the nearest point of the lot occupied by the building or use that such facility is required to serve.

(3)

Parking in residential districts. Parking of motor vehicles in residential districts shall be limited to passenger vehicles, and not more than one commercial vehicle of the light delivery type, not to exceed three-fourths ton shall be permitted per dwelling unit. The parking of any other type of commercial vehicle, except for those parked on school or church property, is prohibited in a residential zone.

(4)

Off-street parking area design.

a.

Each off-street parking space for automobiles shall be not less than 200 square feet in area, exclusive of access drives or aisles and shall be of usable shape and condition.

b.

There shall be provided a minimum access drive of ten feet in width, and where a turning radius is necessary, it will be of such an arc as to reasonably allow an unobstructed flow of vehicles.

c.

Parking aisles for automobiles shall be of sufficient width to allow a minimum turning movement in and out of parking space. The minimum width of such aisles shall be:

1.

For 90 degree or perpendicular parking, the aisle shall not be less than 22 feet in width.

2.

For 60 degree parking, the aisle shall not be less than 18 feet in width.

3.

For 45 degree parking, the aisle shall not be less than 13 feet in width.

4.

For parallel parking, the aisle shall not be less than ten feet in width.

d.

All off-street parking spaces shall not be closer than five feet to any property line; except where a wall, fence or compact planting strip exists as a parking barrier along the property line.

e.

All off-street parking areas shall be drained so as to prevent drainage to abutting properties and shall be constructed of materials which will have a dust-free surface resistant to erosion.

f.

Any lighting fixtures used to illuminate any off-street parking area shall be so arranged as to reflect the light away from any adjoining residential lot or institutional premises.

g.

Any off-street parking area providing space for five or more vehicles shall be effectively screened on any side which adjoins or faces property adjoining a residential lot or institution by a wall, fence or compact planting not less than four feet in height. Plantings shall be maintained in good condition and not encroach on adjoining property.

h.

All off-street parking areas that make it necessary for vehicles to back out directly into a public road are prohibited, provided that this prohibition shall not apply to off-street parking areas of one- or two-family dwellings.

(5)

Collective parking. Requirements for the provision of parking facilities with respect to two or more property uses of the same or different types may be satisfied if the permanent allocation of the requisite number of spaces designated is not less than the sum of individual requirements.

(Ord. of 6-9-2010, §§ 5.3.1—5.3.5)

For the purposes of determining off-street parking requirements, the following units of measure shall apply:

(1)

Floor area. In the case where floor area is the unit for determining the required number of off-street parking spaces, said unit shall mean the gross floor area; except that such floor area need not include any area used for parking within the principal building and need not include any area used for incidental service storage, installations of mechanical equipment, penthouse housing ventilators and heating systems, and similar uses.

(2)

Places of assembly. In stadiums, sports arenas, churches and other places of assembly in which those in attendance occupy benches, pews or other similar seating facilities, each 18 inches of such seating facilities shall be counted as one seat. In cases where a place of assembly has both fixed seats and open assembly area, requirements shall be computed separately for each type and added together.

(3)

Fractions. When units of measurement determining the number of required parking spaces result in requirement of a fractional space, any fraction up to and including one-half shall be disregarded and fractions over one-half shall require one parking space.

(Ord. of 6-9-2010, § 5.3.6)

The minimum required off-street parking spaces shall be set forth in the following Schedule of Off-Street Parking Spaces. Where a use is not specifically mentioned, the parking requirements of a similar or related use shall apply.

Schedule of Off-Street Parking Spaces

(Ord. of 6-9-2010, § 5.3.7)

The parking requirements for all uses proposed on a lot shall be cumulative, unless the planning commission shall find that the parking requirements of a particular land use occur at different hours from those of other contiguous land uses, such that particular land use parking areas can be advantageously used during nonconflicting hours by the other contiguous land use, in which event the required parking spaces for such particular land use may be reduced by the planning commission to a minimum of the greatest number of spaces required for any of such contiguous land uses.

(Ord. of 6-9-2010, § 5.3.8)

(a)

In connection with every building, structure or use hereafter erected, except single-family and two-family dwelling unit structures, which customarily receive or distribute material or merchandise by vehicle, there shall be provided on the same lot with such buildings off-street loading and unloading space.

(b)

Plans and specifications showing required loading and unloading spaces, including the means of ingress and egress and interior circulation, shall be submitted to the zoning inspector for review at the time of application for a zoning compliance permit.

(Ord. of 6-9-2010, §§ 5.4(intro.), 5.4.1)

(a)

Each off-street loading and unloading space shall not be less than ten feet in width and 55 feet in length with not less than 15 feet in height clearance.

(b)

Any loading-unloading space shall not be closer than 50 feet to any other lot located in any residential district unless wholly within a completely enclosed building or unless enclosed on all sides by a wall, fence or compact planting not less than six feet in height.

(c)

All off-street loading and unloading facilities that make it necessary to back out directly into a public road shall be prohibited.

(Ord. of 6-9-2010, § 5.4.2)

(a)

In the case of mixed uses on one lot or parcel, the total requirements for off-street loading and unloading facilities shall be the sum of the various uses computed separately.

(b)

All retail sales facilities having over 5,000 square feet of gross floor area shall be provided with at least one off-street loading-unloading space, and for every additional 20,000 square feet of gross floor space or fraction thereof, one additional loading-unloading space.

(c)

All industrial and wholesale commercial land uses shall provide one loading space for each 10,000 square feet of floor space, with a minimum of not less than two loading spaces.

(Ord. of 6-9-2010, § 5.4.3)

(a)

It is the purpose and intent of the township to regulate wireless communication facilities in a manner which will retain the integrity of neighborhoods and the character, property values and aesthetic quality of the community at large. In fashioning and administering the provisions of this division, the township is mindful that regulations may not unreasonably discriminate among providers, or prohibit the provision of the wireless communications services. Recognizing the number of providers authorized to establish and operate wireless communication services and coverage, it is the further purpose and intent of this division to:

(1)

Provide for the administration of this division so as to preclude the necessity of having new, freestanding tower or pole structures in the township and so as to preclude the establishment of wireless communication facilities in residential neighborhoods or on or near public school properties.

(2)

Facilitate adequate and efficient provision of sites for wireless communication facilities.

(3)

Identify zoning districts considered best for the establishment of wireless communication facilities, as a conditional use subject to applicable standards and conditions.

(4)

Ensure that wireless communication facilities are situated in appropriate locations and relationships to other land uses, structures and buildings.

(5)

Limit inappropriate physical and aesthetic overcrowding of land use activities and avoid adverse impact upon existing population, transportation systems and other public services and facility needs.

(6)

Promote the public health, safety and welfare.

(7)

Provide for adequate information about plans for wireless communication facilities in order to permit the community to effectively plan for the location of such facilities.

(8)

Minimize the adverse impacts of technological obsolescence of such facilities, including a requirement to remove unused and/or unnecessary facilities in a timely manner.

(9)

Minimize the negative visual impact of wireless communication facilities on neighborhoods, community landmarks, historic sites and buildings, natural beauty areas and public rights-of-way. This contemplates the establishment of as few structures as reasonably feasible and the use of structures which are designed for compatibility, including the use of existing structures and avoidance of new freestanding structures.

(b)

The legislative body of the community finds that the presence of a tower and/or pole structures, particularly if located within residential areas, would decrease the attractiveness and destroy the character and integrity of the community. This, in turn, may have an adverse impact upon property values. Therefore, it is necessary to minimize the adverse impact from the presence of numerous relatively tall tower structures having low architectural and other aesthetic appeal to most persons, recognizing that the absence of regulation would result in a material impediment to the maintenance and promotion of property values and further recognizing that this economic component is an important part of the public health, safety and welfare.

(c)

Land within road rights-of-way shall be subject to regulation under this division.

(Ord. of 6-9-2010, § 5.5.10(h)(1))

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Attached wireless communications facilities means wireless communication facilities that are affixed to existing structures, such as existing buildings, towers, water tanks, utility poles and the like. A wireless communication support structure proposed to be newly established shall not be included within this definition.

Colocation means the location by two or more wireless communication providers of the wireless communication facilities on a common structure, tower or building, with the view toward reducing the overall number of structures required to support wireless communication antennas within the community.

Planning official means the township board upon recommendation of the township planning commission.

Wireless communication facilities means and includes all structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals. This may include, but shall not be limited to, radio towers, television towers, telephone devices and exchanges, microwave relay facilities, telephone transmission equipment building and private and commercial mobile radio service facilities. Not included within this definition are: citizen band radio facilities, short wave receiving facilities, radio and television broadcast reception facilities, federally licensed amateur (ham) radio facilities, satellite dishes and governmental facilities which are subject to state or federal law or regulations which preempt municipal regulatory authority.

Wireless communication support structures means structures erected or modified to support wireless communication antennas. Support structures within this definition include, but shall not be limited to, monopoles, lattice towers, light poles, wood poles and guyed towers or other structures which appear to be something other than a mere support structure.

(Ord. of 6-9-2010, § 5.5.10(h)(2))

Subject to the standards and conditions set forth in section 36-453, wireless communication facilities shall be conditional uses in the following circumstances, and in the following districts:

(1)

Agricultural (AG-1).

(2)

General Commercial (C-2).

(3)

Highway Service Commercial (C-3).

(4)

Light Industrial (I-1).

(Ord. of 6-9-2010, § 5.5.10(h)(3))

Standards and conditions applicable to all special/conditional land use facilities. All applications for wireless communication facilities shall be reviewed in accordance with the following standards and conditions and, if approved, shall be constructed and maintained in accordance with such standards and conditions. In addition, if the facility is approved, it shall be constructed and maintained with any additional conditions imposed by the planning official in the planning official's discretion.

(1)

The following site and developmental requirements shall apply:

a.

A minimum site of two acres and 275 feet of road frontage shall be required.

b.

The appropriateness of guy wires shall be considered when the property abuts a residential zoning district or use.

c.

The base of the tower and guy wire supports shall be fenced with a minimum six-foot-high fence.

(2)

The following special performance standards shall apply to communication towers:

a.

Communication towers must be set back from all property lines a distance equal to its height plus 25 feet. Setback from all overhead electric power and other overhead utility lines shall equal the tower height and an additional ten feet. Notwithstanding setback requirements set out herein, no wireless communication facility shall be located closer than 1,000 feet to any residential dwelling.

b.

Accessory structures are limited to uses associated with the operation of the tower and may not be located any closer to any property line than the minimum front yard requirement for the appropriate zoning district as found in article III, division 6 of this chapter.

c.

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

d.

All towers shall be equipped with an anticlimbing device to prevent unauthorized access.

e.

The plans of the tower shall be certified by a registered structural engineer.

f.

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.

g.

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

h.

No part of any communication tower or antenna shall be constructed, located or maintained at any time, permanently or temporarily, on or upon any required setback area for the district in which the antenna or tower is to be located. In no case shall a tower or antenna be located within 30 feet of a property line.

i.

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

j.

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

k.

Towers with antennae shall be designed to withstand a uniform wind loading in accordance with section 1611.9 of the current state construction codes.

l.

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.

m.

Towers shall be located so that they do not interfere with reception in nearby residential areas.

n.

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

o.

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

p.

Minimum spacing between tower locations, whether located within or outside the borders of the township, shall be two miles in order to prevent a concentration of towers in one area.

q.

Height of the tower shall not exceed 200 feet from grade within a commercial zoning district, and 300 feet from grade within an industrial or agricultural zoning district. The maximum height of the new or modified support structure and antenna shall be the minimum height demonstrated to be necessary for reasonable communication by the applicant (and by other entities to collocate on the structure). The accessory building contemplated to enclose such things, as switching equipment, shall be limited to the maximum height for accessory structures with the respective district.

r.

Towers shall not be artificially lighted except as required by the Federal Aviation Administration. Unless superseded by state or federal regulation such towers shall be equipped, for safety purposes, with a red strobe at its peak during non-daylight hours and a white strobe during daylight hours.

s.

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

t.

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.

u.

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

v.

Where the property adjoins any residentially zoned property or land use, the developer shall within a reasonable time, but no later than 90 days, plant two alternating rows of evergreen trees with a minimum height of five feet on 20-foot centers along the entire perimeter of the tower and related structures. In no case shall the evergreens be any nearer than ten feet to any structure.

w.

Facilities shall be located and designed to be harmonious with the surrounding areas. Among other things, all reasonable attempts shall be made and thoroughly explored to utilize existing structures on which to place facilities (i.e., to utilize attached wireless communication facilities).

x.

Wireless communication facilities shall comply with applicable federal and state standards relative to the environmental effects of radio frequency emissions as confirmed by submission of a certification of compliance by the applicant's licensed engineer.

y.

Applicants shall demonstrate a justification for the proposed height of the structures and an evaluation of alternative designs that might result in lower heights.

(3)

The following additional standards shall be met:

a.

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

b.

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

c.

The support system shall be constructed in accordance with all applicable building codes and shall include the submission of a soil's report from a geotechnical engineer, licensed in the state. This soil's report shall include soil borings and statements confirming the suitability of soil conditions for the proposed use. The requirements of the Federal Aviation Administration, Federal Communication Commission and state aeronautics commission shall be noted.

d.

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

e.

Applications made which do not include the signature of the licensed operator of a wireless communication service at the time of community processing may be tentatively approved, but shall not receive final approval unless and until the application has been amended to include a signature on behalf of a licensed operator. A tentative approval shall be valid for 90 days. If, during a 90-day tentative approval period, final approval is granted to authorize a wireless communication facility within two miles of the property on which a facility has been tentatively approved, such tentative approval shall thereupon expire unless the applicant granted tentative approval demonstrates that it would not be feasible for it to collocate on the facility that has been newly granted final approval.

f.

The antenna and other attachments on a wireless communication facility shall be designed and constructed to include the minimum attachments required to operate the facility as intended at the site, both in terms of number and size, and shall be designed and constructed to maximize aesthetic quality.

(Ord. of 6-9-2010, § 5.5.10(h)(4))

(a)

A site plan prepared in accordance with division 7 of this article shall be submitted, showing the location, size, screening and design of all buildings and structures, and the location and size of outdoor equipment, and the location, number and species of proposed landscaping.

(b)

The site plan shall also include a detailed landscaping plan where the support structure is being placed at a location which is not otherwise developed or where a developed area will be disturbed. The purpose of landscaping is to provide screening and aesthetic enhancement for the structure base, accessory buildings and enclosure.

(c)

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

(d)

The application shall include a description of security to be posted with the township at the time of receiving a building permit for the facility to ensure removal of the facility when it has been abandoned or is no longer needed as provided in section 36-457. In this regard, the security, in an amount determined in the discretion of the township shall, at the election of the applicant, be in the form of cash, surety bond, letter of credit or an agreement in a form approved by the township attorney and recordable at the office of the register of deeds establishing a promise of the applicant and owner of the property to remove the facility in a timely manner as required under this section, with the further provision that the applicant and owner shall be responsible for the payment of any costs and attorneys' fees incurred by the community in securing removal.

(e)

The application shall include a map showing existing and known proposed wireless communication facilities within the township, and further showing existing and known proposed wireless communication facilities within areas surrounding the borders of the township in the location, and in the area, which are relevant in terms of potential colocation or in demonstrating the need for the proposed facility. If and to the extent the information in question is on file with the community, the applicant shall be required only to update as needed. Any such information that is trade secret and/or other confidential commercial information which if released would result in commercial disadvantage to the applicant, may be submitted with a request for confidentiality in connection with the development of governmental policy, MCL 15.243(1)(g). This division shall serve as the promise to maintain confidentiality to the extent permitted by law. The request for confidentiality must be prominently stated in order to bring it to the attention of the township.

(f)

The name, address, e-mail address and phone number of the person to contact for engineering, maintenance and other notice purposes. This information shall be continuously updated during all times the facility is on the premises.

(g)

The application fee in the amount specified by township board resolution.

(h)

The owner or duly authorized representative of all ownership interest in the land on which the wireless communication facility is proposed to be located shall sign the application. In addition, if a licensed entity intended to be the operator on the facility does not sign the application, approval shall be restricted as provided in the general regulations above.

(Ord. of 6-9-2010, § 5.5.10(h)(5))

(a)

The fees for application are to be considered basic application fees which cover only consideration of the application at regularly scheduled planning commission, zoning board of appeals and/or township board meetings and publication and mailing of notice of hearing, as applicable.

(b)

In addition to the basic application fee, applicants shall pay the costs of review of applications under this division. Such charges shall be in addition to the basic application fee, in an amount equal to the township's actual expenses incurred for reviewing the application, including, but not limited to, the cost of:

(1)

Planning commission subcommittee meetings;

(2)

Special meetings;

(3)

Review by township attorney and preparation of appropriate approving resolutions, ordinances and/or other documentation;

(4)

Review by township planner;

(5)

Review by township engineer;

(6)

Review by county drain commissioner;

(7)

Review by county road commission;

(8)

Additional notices of public hearing;

(9)

Traffic studies;

(10)

Environmental impact studies;

(11)

Notice of additional hearings; and

(12)

Similar services and expenses.

(c)

The zoning inspector or planning commission shall require the applicant to pay into escrow, in advance, an amount estimated to be sufficient to cover the expected costs. The amount to be paid into escrow shall be established in increments of at least $500.00, commencing with an initial deposit of not less than $500.00. No application shall be processed prior to the required escrow fee having been deposited with the zoning inspector or planning commission for transmittal to the township treasurer. If an applicant objects to the amount of the escrow funds required to be deposited, it may appeal that determination to the township board within 30 days after the initial decision by the zoning inspector or planning commission.

(d)

If funds in the escrow account are depleted, the applicant shall make an additional deposit sufficient to cover any deficit and to reestablish a balance of at least $500.00. The amount of additional deposit sufficient to cover any deficit in the account shall be at least $500.00, or such greater amount as is determined by the zoning inspector or planning commission to be reasonably necessary in order to cover anticipated remaining or future expenses. No further action shall be taken on an application until the escrow account has been reestablished to such appropriate level as determined by the zoning inspector or planning commission. The zoning inspector or planning commission shall maintain accurate records regarding the expenditures made on behalf of each applicant from the escrow account. Such escrow funds (from one or more applicants) shall be kept in a separate bank account or bank account category.

(e)

Any excess funds remaining in the escrow account after the application has been fully processed, reviewed and the final decision has been rendered regarding the project will be refunded to the applicant with no interest to be paid on those funds. If the balance of the expenses for the application for any reason exceeds the amount remaining in escrow following final action by the township, the township shall send the applicant a statement for such additional fees. Until the applicant pays such fees for the expenses of review, no further building permit or certificate of occupancy or other permit or approval for the project shall be issued, and if such expenses remain unpaid for a period of 14 days, the township zoning inspector or building official may issue appropriate stop work orders or take other action to halt work on the project. In addition, the township may take legal action to collect unpaid fees.

(Ord. of 6-9-2010, § 5.5.10(h)(6))

(a)

Statement of policy. It is the policy of the township to minimize the overall number of newly established locations for wireless communication facilities and wireless communication support structures within the community and encourage the use of existing structures for attached wireless communication facility purposes, consistent with the statement of purpose and intent, set forth in in section 36-450. Each licensed provider of a wireless communication facility must by law, be permitted to locate sufficient facilities in order to achieve the objectives promulgated by the United States Congress. However, particularly in light of the dramatic increase in the number of wireless communication facilities reasonably anticipated to occur as a result of the change of federal law and policy in and relating to the Federal Telecommunications Act of 1996, it is the policy of the township that all users should collocate on attached wireless communication facilities and wireless communication support structures in the interest of achieving the purposes and intent of this section, as stated above and as stated in section 36-450. If a provider fails or refuses to permit colocation on a facility owned or otherwise controlled by it, where colocation is feasible, the result will be that a new and unnecessary additional structure will be compelled in direct violation of and in direct contradiction to the basic policy, intent and purpose of the township. The provisions of this section are designed to carry out and encourage conformity with the policy of the township.

(b)

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

(1)

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

(2)

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

(3)

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

(4)

The height of the structure necessary for colocation will not be increased beyond a point deemed to be permissible by the township, taking into consideration the several standards contained in sections 36-453 and 36-455.

(c)

Design and construction requirements.

(1)

A special land use permit or conditional use permit for the construction and use of a new wireless communication facility shall not be granted unless and until the applicant demonstrates that a feasible colocation is not available for the coverage area and capacity needs.

(2)

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

(3)

The policy of the community is for colocation. Thus, if a party who owns or otherwise controls a wireless communication facility shall fail or refuse to alter a structure so as to accommodate a proposed and otherwise feasible colocation, such facility shall thereupon and thereafter be deemed to be a nonconforming structure and use and shall not be altered, expanded or extended in any respect and subject to removal as a nonconforming structure.

(4)

If a party who owns or otherwise controls a wireless communication facility shall fail or refuse to permit a feasible colocation, and this requires the construction and/or use of a new wireless communication support structure, the party failing or refusing to permit a feasible colocation shall be deemed to be in direct violation and contradiction of the policy, intent and purpose of the township and consequently such party shall take responsibility for the violation and shall be prohibited from receiving approval for new wireless communication support structures within the township for a period of five years from the date of the failure or refusal to permit colocation. Such a party may seek a variance from the zoning board of appeals if and to the limited extent the applicant demonstrates entitlement to variance relief which, in this context, shall mean a demonstration that enforcement of the five-year prohibition would unreasonably discriminate among providers of functionally equivalent wireless communication services, or that such enforcement would have the effect of prohibiting the provision of personal wireless communication services.

(d)

Incentive. Review of an application for colocation shall be expedited by the township.

(Ord. of 6-9-2010, § 5.5.10(h)(7))

(a)

A condition of every approval of a wireless communication facility shall be adequate provision for removal of all or part of the facility by users and owners upon the occurrence of one or more of the following events:

(1)

When the facility has not been used for 180 days or more. For purposes of this section, the removal of antennas or other equipment from the facility or the cessation of operations (transmission and/or reception of radio signals) shall be considered as the beginning of a period of non-use.

(2)

Six months after new technology is available at reasonable cost as determined by the municipal legislative body, which permits the operation of the communication system without the requirement of the support structure or with a support structure which is lower and/or less incompatible with the area.

(b)

The situations in which removal of a facility is required, as set forth in subsection (a) of this section, may be applied and limited to portions of a facility.

(c)

Upon the occurrence of one or more of the events requiring removal, specified in subsection (a) of this section, the property owner or persons who had used the facility shall immediately apply or secure the application for any required demolition or removal permits, and immediately proceed with and complete the demolition/removal, restoring the premises to an acceptable condition as reasonably determined by the planning official.

(d)

If the required removal of a facility or a portion thereof has not been lawfully completed within 60 days of the applicable deadline and after at least 30 days' written notice, the township may remove or secure the removal of the facility or required portions thereof, with its actual cost and reasonable administrative charge to be drawn, collected and/or enforced from or under the security posted at the time application was made for establishing the facility.

(e)

The person who had used the facility shall immediately notify the township clerk in writing if and as soon as use of a facility ceases.

(Ord. of 6-9-2010, § 5.5.10(h)(8))

(a)

Subject to subsection (b) of this section, final approval under this division shall be effective for a period of six months.

(b)

If construction of a wireless communication facility is commenced within two miles of the land on which a facility has been approved, but on which construction has not been commenced during the six-month period of effectiveness, the approval for the facility that has not been commenced shall be void 30 days following notice from the township of the commencement of the other facility unless the applicant granted approval of the facility which has not been commenced demonstrates that it would not be feasible for it to collocate on the facility that has been newly commenced.

(Ord. of 6-9-2010, § 5.5.10(h)(9))

It is recognized by this division that there is a value to the public in establishing safe and convenient traffic movement to higher density sites, both within the site and in relation to access streets; that there is value in encouraging a harmonious relationship of buildings and uses both within a site and in relation to adjacent uses; further that there are benefits to the public in conserving natural resources. Toward this end, this division requires site plan review by the planning commission for certain buildings and structures that can be expected to have a significant impact on natural resources, traffic patterns and on adjacent land usage.

(Ord. of 6-9-2010, § 5.6(intro.))

The zoning inspector shall not issue a zoning compliance permit for the construction of the buildings and structures identified in this section, unless a site plan has been reviewed and approved by the planning commission and such approval is in effect:

(1)

Any conditional use.

(2)

A multiple-family building containing six or more dwelling units.

(3)

More than one multiple-family building on a lot, parcel, or tract of land, or on a combination of lots under one ownership.

(4)

A mobile home park.

(5)

An office in any residential district.

(6)

Any gasoline service station abutting a residential district.

(7)

Commercial construction.

(8)

Industrial construction.

(9)

On-site use WECS and anemometers.

(10)

Medical marihuana facilities and recreational marihuana establishments.

(Ord. of 6-9-2010, § 5.6.1; Ord. No. 2020-03, § 3, 5-6-2020)

(a)

Any person may file a request for a site plan review by the planning commission by filing with the clerk the completed application upon the forms furnished by the township clerk and payment of a fee established by resolution of the township board.

(b)

Fees applicable to site plan reviews for planned unit developments and conditional uses are waived in lieu of fees established by resolution of the township board for these purposes. As an integral part of said application, the applicant shall file at least four copies of a site plan.

(c)

Planning commission review of site plan. Upon receipt of such application from the township clerk, the planning commission shall undertake a study of the same and shall, within 30 days, approve or disapprove such site plan, advising the applicant in writing of the recommendation, including any changes or modifications in the proposed site plan as are needed to achieve conformity to the standards specified in this article.

(Ord. of 6-9-2010, § 5.6.2)

Every site plan submitted to the planning commission shall be in accordance with the following requirements:

(1)

Every site plan submitted, except site plans required for uses as prescribed in subsection (2) of this section, shall be drawn to a readable scale and shall include the following:

a.

The name of the applicant, scale used, a north arrow, the date prepared, and the name and address of the preparer if other than the applicant;

b.

All property boundaries and dimensions thereof, and the location and use of all existing and proposed structures;

c.

The location of all existing and proposed streets, parking lots, driveways, utilities and other improvements to be constructed or used as a part of the project; and

d.

The current zoning classification on the subject property and all adjacent property.

(2)

Site plans submitted for the following uses shall be subject to the requirements of subsection (3) of this section:

a.

The following conditional uses:

1.

Quarries.

2.

Travel trailer parks.

3.

Commercial feedlots.

4.

Sanitary landfills.

5.

Commercially operated trails for use by motorcycles, dune buggies, snowmobiles and similar types of vehicles.

6.

Amusement parks.

7.

Planned unit residential and commercial developments.

8.

Mobile home parks.

9.

Automobile service stations.

10.

Hotels or motels.

11.

Drive-in businesses.

12.

Automobile repair garages.

13.

Drive-in theaters.

14.

Junk yards.

15.

Bulk oil storage.

16.

Marinas.

b.

A multiple-family building containing six or more dwelling units.

c.

More than one multiple-family building on a lot, parcel, or tract of land, or on a combination of lots under one ownership.

d.

An office in any residential district.

e.

Any gasoline service station abutting a residential district.

(3)

Site plans submitted for the uses prescribed in subsection (2) of this section shall be submitted in accordance with the following requirements:

a.

The site plan shall be of a scale not to be greater than one inch equals 20 feet nor less than one inch equals 100 feet, and of such accuracy that the planning commission can readily interpret the site plan, and shall include more than one drawing where required for clarity.

b.

The property shall be identified by lot lines and location, including dimensions, angles and size and correlated with the legal description of said property. Such plan shall further include the name and address of the property owner, developer and designer.

c.

The site plan shall show the scale, north point, boundary dimensions, topography (at least two-foot contour intervals) and natural features, such as woodlots, streams, rivers, lakes, drains and similar features.

d.

The site plan shall show existing manmade features, such as buildings, structures, high-tension towers, pipe lines and existing utilities, such as water and sewer lines, excavations, bridges, culverts, drains, and easements and shall identify adjacent properties and their existing uses.

e.

The site plan shall show the location, proposed finished floor and grade line elevations, size of proposed principal and accessory buildings, their relation one to another and to any existing structure on the site, the height of all buildings and square footage of floor space. Site plans for residential development shall include a density schedule showing the number of dwelling units per net acre, including a dwelling schedule showing the unit type and number of each unit types.

f.

The site plan shall show the proposed streets, driveways, sidewalks, and other vehicular and pedestrian circulation features within and adjacent to the site; also, the location, size and number of parking spaces in the off-street parking area, and the identification of service lanes and service parking.

g.

The site plan shall show the proposed location, use and size of open spaces and the location of any landscaping, fences or walls on the site. Any proposed alterations to the topography and other natural features shall be indicated. The site plan shall further show any proposed location of connections to existing utilities and proposed extensions thereof.

(Ord. of 6-9-2010, § 5.6.4)

In reviewing the site plan, the planning commission shall ascertain whether the proposed site plan is consistent with all regulations of this division and state and federal statutes. Further, in consideration of each site plan, the planning commission shall find that provisions of sections 36-487 and 36-488 as well as the provisions of the zoning district in which said buildings, structures and uses as indicated in the proposed site plan have been satisfactorily met by the applicant. Decisions rejecting, approving or conditionally approving a site plan shall be based upon requirements and standards contained in this division. A site plan shall be approved if it contains the information required in section 36-488 and is in compliance with this division, other applicable ordinances, and state and federal statutes. In addition, each of the following standards shall apply:

(1)

The use shall be designed, constructed, operated and maintained in a manner harmonious with the character of adjacent property and the surrounding area.

(2)

The use shall not inappropriately change the essential character of the surrounding area.

(3)

The use shall not interfere with the general enjoyment of adjacent property.

(4)

The use shall represent an improvement to the use or character of the property under consideration and the surrounding area in general, yet also be keeping with the natural environment of the site.

(5)

The use shall not be hazardous to adjacent property, or involve uses, activities, materials or equipment which will be detrimental to the health, safety or welfare of persons or property through the excessive production of traffic, noise, smoke, odor, fumes, glare or dust.

(6)

The use shall be adequately served by essential public facilities and services, or it shall be demonstrated that the person responsible for the proposed use shall be able to continually provide adequately for the services and facilities deemed essential to the use under consideration.

(7)

The use shall not place demands on public services and facilities in excess of current capacity.

(8)

The use shall be consistent with the intent and purpose of this division.

(Ord. of 6-9-2010, § 5.6.5)

(a)

Upon the planning commission's approval of a site plan, the applicant shall file with the township clerk, four copies thereof. The township clerk shall, within ten days, transmit to the zoning inspector one copy with the township clerk's certificate affixed thereto, certifying that:

(b)

Said approved site plan conforms to the provisions of this division as determined. If the site plan is disapproved by the planning commission, notification of such disapproval shall be given to the applicant within ten days after such action. The zoning inspector shall not issue a zoning compliance permit and building permit until he has received a certified approved site plan.

(c)

The site plan, as approved, shall become part of the record of approval and subsequent actions relating to the activity authorized shall be consistent with the approved site plan, unless a revision is completed in accordance with section 36-491.

(Ord. of 6-9-2010, § 5.6.6)

(a)

The site plan certificate shall expire and be of no effect, 365 days after the date of issuance thereof, unless within such time the zoning inspector has issued a zoning compliance permit for any proposed work authorized under a said site plan certificate.

(b)

Amendment, revision of site plan. A site plan and site plan certificate issued thereon may be amended by the planning commission upon the request of the applicant. Such amendment shall be made upon application and in accordance with the procedure provided in this division. Any fees paid in connection with such application may be waived or refunded at the discretion of the planning commission.

(Ord. of 6-9-2010, §§ 5.6.7, 5.6.8)

State Law reference— Submission and approval of site plan, MCL 125.3501.

Where, within the districts established by this division or by amendments, there exist lots, structures and uses of land and structures which were lawful before this division was adopted or amended and which would be prohibited, regulated or restricted under the terms of this division, or future amendment, it is the intent of this division to permit these nonconformities to continue until they are discontinued, damaged or removed but not to encourage their survival. These nonconformities are declared by this division to be incompatible with the lots, structures and uses permitted by this chapter in certain districts. It is further the intent of this division that such nonconformities shall not be enlarged, expanded or extended except as provided herein, nor to be used as ground for adding other lots, structures or uses prohibited elsewhere in the same district.

(Ord. of 6-9-2010, § 5.7(intro.))

Where, on the date of adoption or amendment of this division, a lawful use of land exists that is no longer permissible under the provisions of this division, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming use of land shall be enlarged, expanded or extended to occupy a greater area of land than was occupied on the effective date of adoption or amendment of this division and no accessory use or structure shall be established therewith.

(2)

No such nonconforming use of land shall be moved in whole or in part to any other portion of such land not occupied on the effective date or adoption or amendment of this division.

(3)

If such nonconforming use of land ceases for any reason for a period of more than 180 consecutive days, the subsequent use of such land shall conform to the regulations and provisions set by this division for the district in which such land is located.

(Ord. of 6-9-2010, § 5.7.1)

Where, on the effective date of adoption or amendment of this division, a lawful structure exists that could not be built under the regulations of this division by reason or restrictions upon lot area, lot width, lot coverage, height, open spaces or other characteristics of such structure or its location upon a lot, such structure may be continued so long as it remains otherwise lawful subject to the following provisions:

(1)

No structure shall be enlarged, expanded, extended or altered in a way which increases its nonconformance.

(2)

Should any such structure be destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this division.

(3)

Should any such structure be moved for any reason, of any distance, it shall thereafter conform to the regulations of the district in which it is located after it is moved.

(Ord. of 6-9-2010, § 5.7.2)

Where, on the date of adoption or amendment of this division, a lawful use of a structure exists that is no longer permissible under the regulations of this division, such use may be continued so long as it remains otherwise lawful subject to the following provisions:

(1)

No nonconforming use of a structure shall be enlarged, expanded, extended or altered except in changing the use of such structure to a use permitted in the district in which such structure is located.

(2)

When a nonconforming use of a structure is discontinued or abandoned for more than 180 consecutive days, the structure shall not thereafter be used except in conformance with the regulations of the district in which it is located.

(3)

Any structure devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not to exceed ten percent of the then current replacement value of the structure, provided that the volume of such structure or the number of families housed therein as it existed on the date of adoption or amendment of the ordinance from which this division is derived shall not be increased. Nothing in this division shall be deemed to prevent the strengthening or part thereof declared to be unsafe by any official charged with protecting the public safety upon order of such official.

(4)

Should any structure containing a nonconforming use be moved, for any reason, of any distance, it shall thereafter conform to the regulations of the district in which it is located after it is moved.

(5)

Should any structure devoted in whole or in part to any nonconforming use be destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction, it shall not be reconstructed and again be devoted to any use except in conformity with the regulations of the district in which it is located.

(6)

Nonconformities regarding medical marihuana facilities and recreational marihuana establishments.

a.

No marihuana facility or establishment operating or purporting to operate prior to adoption of this ordinance amendment, shall be deemed to have been a legally existing use nor shall the operation of such marihuana facility or establishment be deemed a legal nonconforming use under this zoning ordinance.

b.

A property owner shall not have vested rights or nonconforming use rights that would serve as a basis for failing to comply with this zoning ordinance or any amendment thereto.

c.

Discontinuation of a state medical marihuana facility license or a state recreational marihuana establishment license shall constitute prima facie evidence that a nonconformity has been discontinued.

(Ord. of 6-9-2010, § 5.7.3; Ord. No. 2020-03, § 4, 5-6-2020)

There may be a change of tenancy, ownership or management of an existing nonconforming use, building or structure; provided there is no change in the nature or character of such nonconforming use, building or structure.

(Ord. of 6-9-2010, § 5.7.4)

(a)

In any district where single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this division, a single-family dwelling and customary accessory buildings or structures may be erected on any single lot of record at the effective date of adoption or amendment of this division. Such lot shall be of separate ownership and not of continuous frontage with other lots in the same ownership as of the date of adoption of this division. This provision shall apply even though such lots fail to meet the requirements for area or width, or both, that are generally applicable in the district; provided that yard dimensions and other requirements, not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located.

(b)

For the purpose of clarity, the following illustration is offered to further describe the application of the provisions of this section. Subdivision Alpha, created prior to the effective date of the adoption or the ordinance from which this division is derived, contains five lots labeled a, b, c, d and e. Each of these lots has a lot width which is ten feet less than permitted in the residential zoning district in which they are located. Single-family dwellings are permitted in this district. Lots a and b are owned by separate owners, while lots c, d and e are owned by one owner. This section permits the erection of single-family dwellings on lots a and b provided that yard requirements and lot coverage requirements are met. A single-family dwelling may be erected on the areas of lots c, d and e combined as one lot through approval of a variance; or two single-family dwellings may be erected on two lots created out of the combined area of lots c, d and e, provided two legal lots are created from the combined area of these lots through approval of a variance. This section does not permit the development of a single-family dwelling on lot c, d or e with the sale of the remaining two lots nor does it permit the development and sale, or sale for the purpose of development of lots c, d or e individually. It is not the intent of this section to permit the erection of a single-family dwelling on a substandard lot in instances where it is possible to create conforming lots because of patterns of land ownership.

(Ord. of 6-9-2010, § 5.7.5)

(a)

There shall be a specific exemption from the preceding prohibitions, whether in sections of this division, against rebuilding, altering, replacing, improving, enlarging, extending, substituting or modifying a nonconforming use when such use is occupied as a dwelling place. In this case, the owner or tenant of said dwelling place shall make application to the zoning board of appeals requesting an exemption from the aforesaid prohibitions. If the zoning board of appeals, after a hearing upon such application, shall determine that for reasons of health, sanitation, safety or the well-being of the occupants that the request is proper, then the zoning board of appeals may authorize the tenant to rebuild, alter, replace, improve, enlarge, extend, substitute or modify said dwelling place. Prior to granting any such request under this section, the zoning board of appeals specifically shall make the following findings of fact and apply the following standards:

(1)

That the use was originally constructed as a dwelling place and has continuously been occupied as a dwelling place.

(2)

That the use currently is occupied as a dwelling place by the owner or, if not occupied by the owner, then the premises shall not be leased or rented for monetary gain.

(3)

That by reason of original construction, current condition or a part of the proposed changes, the use will have electrical and sanitation facilities meeting the requirements of this chapter and any applicable building codes.

(4)

That by reason of original construction, current condition or proposed change, the use will meet the building code requirement set forth by this chapter and any building code applicable to the type of use and type of use district.

(5)

That the use adequately is serviced by public utilities and private or public highways or roads.

(6)

That the proposed changes will materially and substantially benefit the use as a dwelling place and/or make the use more in conformity with the provisions of this chapter and any building code.

(7)

That the proposed changes will not have an adverse effect upon the uses in the general vicinity by creating new or different violations of this chapter.

(b)

Proceedings under this section shall follow the same procedure and be subject to the same application fee as set forth for applications to the zoning board of appeals on an appeal under section 36-643.

(c)

All applications under this section shall be accompanied by complete plans and specifications of the proposed improvements to the existing dwelling or new unit if substitution of the dwelling is requested.

(d)

All applications under this section shall be submitted on forms provided by the township.

(Ord. of 6-9-2010, § 5.7.6)

State Law reference— Nonconforming uses or structures, MCL 125.3208.

No lot, building or structure in any district shall be used in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable element or condition so as to adversely affect the surrounding area or adjoining premises. Uses in all districts, where permitted, shall comply with the following performance requirements:

(1)

Noise. Noise which is objectionable due to volume, frequency or beat shall be muffled or otherwise controlled so that there is no production of sound discernable at lot lines in excess of the average intensity of street and traffic noise at the lot lines. Air raid sirens and related apparatus used solely for public purposes are exempt from this requirement.

(2)

Vibration. No vibration shall be permitted which is discernable without instruments on any adjoining lot or property.

(3)

Smoke. Smoke shall not be emitted with a density greater than No. 1 on the Ringlemann Chart as issued by the U.S. Bureau of Mines except for blow-off periods of ten-minute duration of one per hour when a density of not more than No. 2 is permitted.

(4)

Odor. No malodorous gas or matter shall be permitted which is offensive or as to produce a public nuisance or hazard on any adjoining lot or property.

(5)

Air pollution. No pollution of air by fly-ash, dust, vapors or other substances shall be permitted which is harmful to health, animals, vegetation, or other property or which can cause excessive soiling.

(6)

Glare. No direct or reflected glare shall be permitted which is visible from any property or from any public street, road or highway.

(7)

Erosion. No erosion, by either wind or water, shall be permitted which will carry objectionable substances onto neighboring properties, lakes, ponds, rivers or streams.

(Ord. of 6-9-2010, § 5.8.1)

The application for a zoning compliance permit for a use subject to performance requirements shall be accompanied by a description of the machinery, process and products, and specifications for the mechanisms and techniques to be used in meeting the performance standards.

(Ord. of 6-9-2010, § 5.8.2)

(a)

The zoning inspector may refer the application to one or more expert consultants qualified to advise as to whether a proposed use will conform to the performance standards.

(b)

The costs of such services shall be borne by the applicant and a copy of any report shall be furnished to the applicant and township.

(Ord. of 6-9-2010, § 5.8.3)

State Law reference— Natural resources and environmental protection act, MCL 324.101 et seq.

No person shall use, occupy or permit the use or occupancy of a mobile home as a dwelling within the township not designated as a mobile home park, unless:

(1)

A permit for the placement of such mobile home has been obtained from the township clerk. All applications for said permit shall be accompanied by a non-refundable fee which shall equal the fees charged for building permits and electrical inspections for comparable site built structures, which fee shall be used to defray the cost of inspection as provided in this division;

(2)

Said mobile home, the placement thereof, and the premises upon which it shall be located shall meet all requirements of this division relating to uses, size of premises, floor area, setback, side lot and rear lot requirements specified for the particular zoning district in which said premises is situated;

(3)

Said mobile home shall be connected to potable water and sanitary sewage disposal facilities approved by the health agency having jurisdiction. If public water and sanitary sewage disposal facilities is/are available to said premises, said mobile home shall be connected thereto;

(4)

A mobile home shall be installed pursuant to the manufacturer's set-up instructions and shall have a foundation, of pile construction or otherwise, that meets the requirements of the single state construction code for mobile home installation and adequate for support of the maximum anticipated load. The mobile home shall be secured to the premises by an anchoring system or device compatible with those required by the state mobile home commission. If installed without a foundation wall of the same perimeter dimensions of the mobile home, it shall be enclosed or skirted around the bottom with a material that shall match the exterior construction of the mobile home. All construction required herein shall be commenced only after a building permit has been obtained in accordance with the single state construction code;

(5)

Construction of, and all plumbing, electrical apparatus and insulation within and connected to said mobile home shall be of a type and quality conforming to the United States Department of Housing and Urban Development, Mobile Home Construction and Safety Standards (24 CFR 3280) and as from time to time amended;

(6)

Unless more stringent standards are or have been established by state or federal statute or rules and/or regulations promulgated by state or federal agencies governing mobile homes, all mobile homes under 70 feet in length shall be equipped with at least two smoke detection and/or alarm devices. Any mobile home over 70 feet in length shall be equipped with at least three such detection and/or alarm devices. The type of detection and/or alarm device or system and the placement of such devices within the mobile home shall be approved by the fire chief of the township fire department or by said fire chief's designated representative;

(7)

If placed within a flood zone, said mobile home shall meet all requirements for construction of dwellings on-site within said zone; and

(8)

Said mobile home shall meet or exceed all roof snow load and strength requirements imposed by the said United States Department of Housing and Urban Development, Mobile Home Construction and Safety Standards.

(Ord. of 6-9-2010, § 5.10.1)

The foregoing requirements in section 36-579 notwithstanding, the placement and use of a mobile home in any residential district within the township shall be aesthetically compatible with single-family dwellings in the district and, as a minimum, said mobile home shall:

(1)

Be so placed and situated that the wheels shall be removed and the underside or chassis of said mobile home shall be completely enclosed and connected to the foundation; and

(2)

Be placed upon the property in such a way that its appearance shall be compatible with single-family dwellings constructed on-site within said district.

(Ord. of 6-9-2010, § 5.10.2)

The zoning inspector shall have authority to grant a permit for the temporary occupancy of a mobile home, motor home or travel trailer on any lot in an agricultural or residential district, excluding pickup campers, tent campers, and tents subject to the following conditions:

(1)

During the period of construction of a new permanent dwelling, but not to exceed a period of 12 consecutive months, the owner of such permanent dwelling premises, and members of such owner's immediate family shall be permitted to occupy as a temporary residence one mobile home, motor home or travel trailer situated at such construction site, provided such owner intends to occupy as a residence, such dwelling upon completion of its construction.

(2)

Such mobile home, motor home or travel trailer shall not be located between the established setback line and the public right-of-way line of such premises.

(3)

The mobile home, motor home or travel trailer shall contain sleeping accommodations, a flush toilet, and a tub or shower bath adequate to serve the occupants thereof.

(4)

The sanitary facilities of the mobile home, motor home or travel trailer, for the disposal of sewage and waste, shall be properly connected to the central sewerage system available to such premises and in case such system is not available, then properly connected to the existing septic tank sewage disposal system which is approved by the Lenawee County Health Department for the permanent dwelling which is to be constructed at the premises.

(5)

A mobile home, motor home or travel trailer may be used as a temporary field office provided it is certified as such by the zoning inspector.

(Ord. of 6-9-2010, § 5.10.3; Ord. No. 18-04, § 2, 1-9-2019)

No person shall occupy any mobile home as a dwelling within the township until a certificate of approval shall be issued by the building official and/or zoning inspector, which permit shall indicate satisfactory compliance will all requirements of this chapter and the single state construction code. Whenever the requirements of this chapter, the single state construction code and/or United States Department of Housing and Urban Development's Mobile Home Construction and Safety Standards (24 CFR 3280) shall be applicable and shall be in conflict, the more stringent of the aforementioned codes or regulations shall apply.

(Ord. of 6-9-2010, § 5.10.4)

Any use or structure other than those permitted in this division is prohibited. Motels, apartments and row houses are expressly prohibited as well as any use which would, by its nature, be likely to create a need for public utilities or services or which would be likely to create conditions of pollution or health hazard.

(Ord. of 6-9-2010, § 5.10.5)

Any use or structure other than those permitted within this division is prohibited as well as any use prohibited in any residential district. Buildings for the sale or processing of farm products, seasonable farm employee dwellings, dairying, kennels, greenhouses and nurseries, multiple-family dwellings and motels are specifically prohibited.

(Ord. of 6-9-2010, § 5.10.6)

(a)

Any use or structure other than those permitted within this division as well as any use prohibited in any residential district, unless otherwise specifically permitted herein is prohibited. Any use or structure that may be specifically permitted within this division shall not relieve compliance with any other requirements specified for the particular zoning district in which said premises is situated.

(b)

No travel trailer, tent or motor home shall be used as a permanent dwelling. A travel trailer, tent or motor home may be temporarily placed and occupied in a duly licensed travel trailer park or as a temporary dwelling, provided such travel trailer, tent or motor home is situated on a parcel of land upon which is located a dwelling with water and sanitary facilities accessible to the travel trailer, tent or motor home occupants and certified by the zoning inspector; for a period not to exceed two weeks in any one calendar year.

(Ord. of 6-9-2010, §§ 5.10.7, 5.10.8)

State Law reference— Mobile home commission act, MCL 125.2301 et seq.

(a)

All mobile home parks shall comply with the trailer coach park act, Public Act No. 243 of 1959 (MCL 125.1035 et seq.), the mobile home commission act, Public Act No. 96 of 1987 (MCL 125.2301 et seq.), the single state construction code, Public Act No. 230 of 1972 (MCL 125.1501 et seq.), all state rules associated with these acts and codes.

(b)

Every mobile home park shall be served by a central water supply system and a central sanitary sewerage system.

(c)

The land area of a mobile home park shall not be less than ten acres.

(d)

Mobile home sites shall be at least 8,000 square feet in area.

(e)

All mobile homes shall be manufactured by a member of the Mobile Home Manufacturers Association and carry the United States of America Standard Seal, or in lieu thereof, satisfactory evidence that said mobile home is built to the standards of the Mobile Home Manufacturers Association.

(f)

Each mobile home shall have side yards with each such yard having a width of not less than ten feet and the aggregate width of both said yards not less than 30 feet.

(g)

Each mobile home site shall have front and rear yards with each such yard not less than eight feet in depth and the aggregate depth of both yards not less than 20 feet.

(h)

For purpose of this section, yard width shall be determined by measurement from the mobile home face or side to its site boundary, every point of which shall not be less than the minimum width herein provided. Open patios, carports, and individual storage facilities shall be disregarded in determining yard widths. The front yard shall be defined as that portion of the yard which runs from the hitch end of the mobile home to the nearest site line. The rear yard shall be the opposite end of the mobile home yard and the side yards shall be that portion of the yard at right angles to the ends.

(i)

The following minimum distances shall be maintained from all mobile home sites:

(1)

30 feet to any boundary of the park which is not a public street.

(2)

50 feet to the right-of-way of any public street or highway.

(3)

30 feet to any street within said park which is not a public street.

(4)

Eight feet to any common walkway of such park.

(5)

15 feet to any parking area other than for park residents.

(6)

50 feet to any service building located within such park.

(j)

All mobile homes shall be placed on a solid concrete four-inch apron which shall be so constructed, upgraded and placed as to be adequate for support of maximum anticipated load.

(k)

All mobile homes located within a mobile home park shall be at least ten feet wide and 50 feet long.

(l)

Each mobile home shall be placed on a concrete pad as hereinbefore set forth and shall be enclosed or skirted around the bottom with material which shall match the exterior construction of the trailer.

(m)

An all-weather, hard-surfaced outdoor patio area of not less than 120 square feet shall be provided at each mobile home site, conveniently located to the entrance of the mobile home and appropriately related to open areas of the lot and other facilities, for the purpose of providing suitable outdoor living space to supplement the limited interior spaces of a mobile home.

(n)

Each mobile home park shall include similarly designed enclosed storage structures suitable for storage of goods and the usual effects of the inhabitants of such park, such storage space to be not less than 120 cubic feet for each mobile home. Such structures may be located on each mobile home site or in a common structure with individual space provided.

(o)

Storage of goods and articles underneath any mobile home or out-of-doors at any mobile home site shall be prohibited.

(p)

Adequate central laundry facilities, including washers and dryers, shall be provided and maintained by the management of the mobile home park.

(q)

All mobile homes within the park shall be suitably connected to sewer and water services provided at each mobile home site and shall meet the requirements of and be approved by the county health department.

(r)

All sanitary sewerage facilities, including plumbing connections to each site, shall be constructed so that all facilities and lines are protected from freezing or from creating any nuisance or health hazard. Running water from a state-tested and approved water supply providing for a minimum flow of 200 gallons per day per mobile home site shall be piped to each trailer. Sewer connections shall not exceed ten feet in length above ground.

(s)

Drainage facilities shall be constructed to protect those who will reside in the mobile home park as well as adjacent property owners.

(t)

All trash and garbage shall be stored in conveniently located enclosed structures and the removal of trash and garbage shall take place not less than once a week.

(u)

All electric, telephone and other lines to each mobile home site shall be underground and shall be of such voltage and such capacity to adequately serve all users. When separate meters are installed, they shall be located in a uniform manner.

(v)

All fuel oil and gas storage shall be centrally located in underground tanks at a safe distance from any mobile home site and all fuel lines leading to mobile home sites shall be underground and so designed as to conform with the single state construction code and any state code that is found to be applicable. When separate meters are installed, each meter shall be located in a uniform manner.

(w)

A buffer of trees and shrubs not less than 20 feet in depth shall be located and maintained along all boundaries of the park except at established entrances and exits serving the park. When necessary for health, safety and welfare, a fence shall be required by the township zoning board of appeals. No fence shall be higher than six feet in height to separate the park from adjacent property. No fence shall be constructed of plain board.

(x)

A recreational area of at least 300 square feet per mobile home site in the park shall be developed and maintained by the management. This area shall not be less than 100 feet in its smallest dimension and its boundary no farther than 500 feet from any mobile home site served. Streets, parking areas and laundry rooms are not to be included as recreation space in computing the necessary area.

(y)

All driveways, motor vehicle parking spaces and walkways within the park shall be hard-surfaced and adequately drained and lighted for safety and ease of movement.

(z)

All roadways within the park shall be 22 feet in width and shall be kept clear of ice and snow and in good repair. No parking shall be permitted on said roadways.

(aa)

Each mobile home site shall be provided with a carport for at least one motor vehicle, and no vehicle, boat, travel trailer, recreational vehicle or any other vehicle shall regularly be parked on the premises unless parked in said carport; centralized off-street parking shall be provided by the park management for the parking of any other vehicles consisting of one parking space per mobile home site.

(bb)

No mobile home site shall be used for a commercial purpose of any kind and no animals, livestock or poultry of any kind shall be raised, bred or kept on any lot; except that dogs, cats and other household pets may be kept, provided they are not kept, bred or maintained for any commercial purposes.

(cc)

Any awning or cabana room shall be made of or covered with aluminum or comparable siding which shall match the siding of the mobile home.

(dd)

When exterior television antenna installation is necessary, a master antenna shall be installed and extended to individual stands by underground lines. Such master antenna shall be so placed as not to be a nuisance to park residents or surrounding areas.

(Ord. of 6-9-2010, § 5.5.10(d))

(a)

All mobile homes to be erected as permanent residences in mobile home subdivisions shall meet the requirements of the single state construction code and shall be approved by the zoning inspector prior to erection on the lots.

(b)

All mobile homes shall be placed on a solid concrete four-inch apron which shall be so constructed, graded and placed as to be adequate for support of the maximum anticipated load.

(c)

Each mobile home shall be placed on a concrete pad as hereinbefore set forth and shall be enclosed or skirted around the bottom with a material which shall match the exterior construction of the trailer.

(d)

Lot areas where a mobile home is to be erected, altered or used as a single-family dwelling shall contain not less than 12,000 square feet of lot area if the lot is served by a central sanitary sewerage system. Where a lot is not so served, there shall be provided a minimum of 15,000 square feet of lot area for each mobile home.

(e)

The minimum lot width for lots served with a central sanitary sewerage system shall be 80 feet. Where a lot is not so served, the minimum lot width shall be 100 feet.

(f)

The maximum lot coverage shall not exceed 30 percent.

(g)

Each lot in a mobile home subdivision shall have a front yard of not less than 35 feet.

(h)

Each lot in a mobile home subdivision shall have two side yards and the least width of either yard shall not be less than ten feet, but the sum of the two side yards shall not be less than 25 feet.

(i)

Each lot in a mobile home subdivision shall have a rear yard of not less than 20 feet.

(j)

No building or structure or part thereof, shall be erected to a height exceeding 15 feet.

(k)

All mobile homes to be erected and used in a mobile home subdivision shall contain a gross floor area of not less than 500 square feet.

(Ord. of 6-9-2010, § 5.5.10(e))

The formulation and enactment of this division is based upon the division of the township into districts in each of which may be permitted specific uses which are mutual, compatible and conditional uses. Conditional uses are those uses of land which are not essentially incompatible with the uses permitted in a zoning district, but possess characteristics or locational qualities which require individual review and restrictions in order to avoid incompatibility with the natural environment of the site, the character of the surrounding area, public services and facilities, and adjacent uses of land. The purpose of this division is to establish equitable procedures and criteria which shall be applied in the determination of requests to establish conditional uses. The standards for approval and requirements provided for under the provisions of this division shall be in addition to those required elsewhere in this chapter which are applicable to the conditional use under consideration.

(Ord. of 6-9-2010, § 5.5(intro.))

The planning commission, as hereinafter provided, shall have the authority to recommend to the township board the approval, denial or approval subject to condition as specified in section 36-386. The township board shall have the authority to approve, deny or approve with conditions as specified in division 7 of this article.

(Ord. of 6-9-2010, § 5.5.1)

Application for any conditional use permit permissible under the provisions of this article shall be made to the planning commission through the township clerk by filing an official conditional use permit application form, submitting a site plan in accordance with division 7 of this article and payment of the required fee as established by resolution of the township board; except that no fee shall be required of any governmental body or agency. No part of such fee shall be returnable to the applicant.

(Ord. of 6-9-2010, § 5.5.2)

An application for a conditional use permit shall include the applicant's name, address, e-mail address and telephone number 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 and a site plan as specified in and in accordance with division 7 of this article.

(Ord. of 6-9-2010, § 5.5.3)

After a preliminary review of the site plan and an application for a conditional use permit, the planning commission shall hold a hearing on the site plan and conditional use request. Notice of the hearing shall be given in accordance with article V, division 3, of this chapter.

(Ord. of 6-9-2010, § 5.5.4)

The planning commission shall review the particular circumstances of the conditional use request under consideration in accordance with the requirements of division 7 of this article and shall recommend approval of a conditional use request to the township board only upon approval of the site plan and finding of compliance with the standards as included in article VII of this chapter and the standards for specific uses as specified in this article.

(Ord. of 6-9-2010, § 5.5.5)

(a)

A review of an application and site plan requesting a conditional use permit shall be made by the planning commission in accordance with the procedures and standards specified in this article. If a submitted application and site plan do not meet the requirements of the article, they shall not be recommended to the township board for approval. However, if the applicant agrees to make changes to the site plan and application in order to bring them into compliance with the article, such changes shall be allowed and shall be either noted on the application or site plan itself, or attached to it or these documents shall be resubmitted incorporating said changes.

(b)

If the facts in the case do not establish competent material and substantial evidence that the standards set forth in this article will apply to the proposed conditional use, the planning commission shall not recommend to the township board that said township board should grant a conditional use permit. The planning commission may recommend the imposition of conditions with the approval of a conditional use permit application and site plan which are necessary to ensure compliance with the standards for approval stated in this section and any other applicable standards contained in this or other applicable ordinances and regulations. Such conditions, if imposed by the township board, shall be considered an integral part of the conditional use permit and approved site plan and shall be enforced by the zoning inspector.

(c)

These conditions may include conditions necessary to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land and to promote the use of land in a socially and economically desirable manner.

(Ord. of 6-9-2010, § 5.5.6)

(a)

Upon holding a public hearing and the finding that the requirements of sections 36-382 through 36-386 have been satisfactorily met by the applicant, the planning commission shall within 30 days recommend approval, approval with conditions, or denial to the township board.

(b)

The township board may approve the issuance of a conditional use permit, deny the issuance of a conditional use permit or approve issuance of a conditional use permit upon additional conditions or conditions modified from those originally recommended by the township planning commission. In the event the township board deems that development of additional evidence or factual material would be necessary or helpful in determining the application for conditional use permit, the township board may refer the matter back to the township planning commission for further factual development and/or evidentiary hearing. In such event, the township planning commission shall take necessary steps to further develop the facts and evidence and shall transmit this additional evidence and/or findings to the township board.

(c)

Approval and issuance of a conditional use permit by the township board shall signify prior approval of the application and site plan, therefore including any modification and any conditions imposed where necessary to comply with this article. The site plan, as approved, and any statements of conditions and modifications shall become part of the conditional use permit and shall be enforceable as such.

(d)

The decision to approve or deny a request for a conditional use permit shall be retained as a part of the record of action on the request and shall incorporate a statement of findings and conclusions which specify: the basis for the decision, any changes to the originally submitted application and site plan necessary to ensure compliance with the article, and any conditions imposed with approval. Once a conditional use permit is issued, all site development and use of land on the property affected shall be consistent with the approved conditional land use permit, unless a change conforming to article requirements receives the mutual agreement of the landowner and the township board upon recommendation of the planning commission and is documented as such.

(e)

When the township board gives final approval, a conditional use permit shall be issued to the applicant. The township board shall forward a copy of the permit to the applicant, clerk, zoning inspector and planning commission. The zoning inspector shall not issue a zoning compliance permit until he has received a copy of the conditional use permit approved by the township board.

(Ord. of 6-9-2010, § 5.5.7)

In authorizing a conditional use permit, the township board may require that a cash deposit, certified check, irrevocable bank letter of credit or surety bond be furnished by the developer to ensure compliance with an approved site plan and the conditional use permit requirements. Such guarantee shall be deposited with the township clerk at the time of the issuance of the conditional use permit. In fixing the amount of such performance guarantee, the township board shall limit it to reasonable improvements required to meet the standards of this article and to protect the natural resources or the health, safety and welfare of the residents of the township and future users or inhabitants of the proposed project or project area, including, but not limited to, roadways, lighting, utilities, sidewalks, screening and drainage. The term "improvements" does not include the entire project which is the subject of zoning approval nor to improvements for which a performance guarantee has been deposited pursuant to Public Act No. 288 of 1967 (MCL 560.101 et seq.). The township board and the project developer shall establish an agreeable procedure for the rebate of any cash deposits required under this section in reasonable proportion to the ratio of the work completed on the required improvements as work progresses. Said agreement shall be written as an element of the conditions surrounding the approval of the conditional use permit.

(Ord. of 6-9-2010, § 5.5.8)

Any conditional use permit granted under this division shall become null and void and fees forfeited unless construction and/or use is commenced within 210 days and completed within 575 days of the date of issuance. A violation of a requirement, condition or safeguard shall be considered a violation of this article and grounds for the township board to terminate and cancel such conditional use permit.

(Ord. of 6-9-2010, § 5.5.9)

A conditional use permit shall not be issued for the uses specified in this subdivision unless complying with the site development requirements as herein specified.

(Ord. of 6-9-2010, § 5.5.10(intro.))

(a)

Intent and purpose. It is the intent and purpose of this section to promote the underlying spirit and intent of this article, but at the same time allow for the extraction of minerals in locations where they have been naturally deposited. These regulations are also intended to ensure that mineral mining activity shall be compatible with adjacent uses of land, the natural environment, and the capacities of public services and facilities affected by the land use, and to ensure that mineral mining activities are consistent with the public health, safety, and welfare of the township.

(b)

Application of regulations. The mining of sand, gravel, stone, and/or other mineral resources in the township shall be allowed as authorized by the grant of special land use and site plan approval by the township board, after recommendation of the planning commission, in accordance with this section. Mineral mining shall also be subject to the requirements of chapter 16, article III, mining control. Mineral mining shall be considered a special land use in the AG-1 agricultural district and shall be prohibited in all other districts.

(c)

Exemption. Uses and activities which do not require a permit under section 16-27(c) shall be exempted from the provisions of this section.

(d)

Application requirements. The following information shall be submitted:

(1)

A completed application for special land use approval as set forth in section 36-382.

(2)

A completed application and all required information for site plan approval as set forth in section 36-487.

(3)

A completed application and all required information as set forth in section 16-28.

(4)

Market information. The applicant shall submit a report prepared by a geologist and/or other experts with appropriate credentials to demonstrate compliance with MCL 125.3205, as amended, that the natural resources to be extracted shall be considered valuable, and the applicant can receive revenue and reasonably expect to profit from the proposed mineral mining operation. The applicant shall also provide documentation to demonstrate that there is a need for the natural resources to be mined by either the applicant or in the market served by the applicant.

(e)

Standards. The applicant shall have the burden of demonstrating that there are valuable natural resources located on the relevant property, that there is a need for the natural resources by the applicant, or in the market served by the applicant, and that no very serious consequences would result from the extraction, by mining, of the natural resources. The decision on a special land use request under this section shall be based upon the following:

(1)

A determination by the township board that the applicant has met the burden of demonstrating that there are valuable natural resources on the relevant property and that there is a need for the natural resources by the applicant or in the market served by the applicant;

(2)

A determination by the township board that the applicant has demonstrated compliance with the standards for special land use approval contained in this chapter.

(3)

A determination by the township board that very serious consequences would not occur as a result of the mining operations. The following factors shall be considered in making that determination:

a.

The relationship of extraction and associated activities with existing land uses.

b.

The impact on existing land uses in the vicinity of the property.

c.

The impact on property values in the vicinity of the property and along the proposed hauling route serving the property.

d.

The impact on pedestrian and traffic safety in the vicinity of the property and along the proposed hauling route serving the property.

e.

The impact on other identifiable health, safety, and welfare interests in the local unit of government.

f.

The overall public interest in the extraction of the specific natural resources on the property.

(4)

The proposed mining operation shall have immediate and direct access to a road having the necessary and appropriate load bearing and traffic volume capacity in relation to the proposed intensity of the use.

(f)

Approval. For operations requiring special land use approval it is the intent that the application procedure in this section and the application procedure for a mining permit of section 16-28 be reviewed concurrently.

(g)

Conditions. In addition to any other conditions that may be imposed by the township board, a condition of special land use approval is that:

(1)

During the term of the special land use permit, the total area (or areas) being mined and which has (or have) not been reclaimed shall at no time exceed the lesser of 150 acres or 40 percent of the entire parcel approved as a special use; and

(2)

The applicant shall be required to secure any renewals of the mining permit required by section 16-28.

(Ord. No. 2023-02, § 1, 8-17-2023)

Editor's note— Ord. No. 2023-02, § 1, Aug. 17, 2023, repealed the former § 36-410, and enacted a new § 36-410 as set out herein. The former § 36-410 pertained to quarries and derived from Ord. of 6-9-2010, § 5.5.10(a).

In addition to and as an integral part of development, the following provisions shall apply:

(1)

It is recognized by this article that the location of such materials in an open area included in section 36-5 of the definition of "junkyard" will cause the reduction of the value of adjoining property. To the end that the character of the district shall be maintained and property values conserved, a solid, unpierced fence or wall at least seven feet in height and not less than the height of the materials on the lot on which a junk yard shall be operated, shall be located on said lot no closer to the lot lines than the yard requirements for buildings permitted in this district. All gates, doors and access ways through said fence or wall shall be of solid, unpierced material. In no event shall any materials included in this chapter's definition of "junk yard" be located on the lot on which a junk yard shall be operated in the area between the lines of said lot and the solid, unpierced fence or wall located on said lot.

(2)

All traffic ingress and egress shall be on major streets and there shall be not more than one entrance way to the lot on which a junkyard shall be operated from each public road on which said lot abuts.

(3)

All roads, driveways, parking lots and loading and unloading areas within any yard of a junk yard shall be paved, oiled, watered or chemically treated so as to limit adjoining lots and public roads the nuisance caused by wind-borne dust.

(Ord. of 6-9-2010, § 5.5.10(b))

In addition to and as an integral part of development, the following provisions shall apply:

(1)

Drive-in theaters shall be enclosed for their full periphery with a solid screen fence at least seven feet in height. Fences shall be of sound construction, painted or otherwise finished neatly and inconspicuously.

(2)

All fenced-in areas shall be set back at least 100 feet from any front street or property line.

(3)

All traffic ingress or egress shall be on major streets and all local traffic movement shall be accommodated within the site so that entering and exiting vehicles will make normal and uncomplicated movements into or out of the public thoroughfare. All points of entrance to the exit for motor vehicles shall be located no closer than 200 feet from the intersection of any two streets or highways.

(Ord. of 6-9-2010, § 5.5.10(c))

The purpose of this section is to permit flexibility for residential, commercial and industrial development where large tracts of land are planned with integrated and harmonious design and where the overall design of such units is so outstanding as to warrant modification by the planning commission of the regulations. Any planned unit development to be eligible under this provision must comply with the following requirements:

(1)

The tract of land to be developed shall have a minimum area of not less than ten acres.

(2)

The owner of the property shall submit to the planning commission a plan for the use development of the total tract of land as a planned unit development in accordance with the provisions of division 7 of this article. In addition to the site plan data specified in division 7 of this article, the application shall contain such other pertinent information as may be necessary to make a determination that the contemplated arrangement or use may make it desirable to apply regulations and requirements differing from those ordinarily applicable under this article. The plan shall contain such proposed covenants, easements and other provisions relating to the bulk, location and density of structures, accessory uses thereto and public facilities as may be necessary for the welfare of the planned unit development and not inconsistent with the best interests of the entire township.

(3)

The average density of structures of the tract shall not be greater than the density requirements in the district in which the planned unit development is located.

(4)

The use of land shall be in conformance with the permitted uses of the district in which the proposed plan is to be located.

(5)

The proposed development shall be served by adequate public facilities and service, such as: highways, streets, police and fire protection, drainage, structures and refuse disposal. These facilities may be provided by a governmental or private organization.

(6)

The proposed unit shall be of such size, composition, and arrangement that its construction, marketing and operation is feasible as a complete unit without dependence on any subsequent unit or development.

(7)

The common open-space, common properties, individual properties and all other elements of the planned unit development shall be so planned that they will achieve a unified environmental scheme with open spaces and all other elements in appropriate locations, suitably related to each other, the site and surrounding land.

(8)

The applicant may be required to dedicate land for street and park purposes by appropriate covenants to restricting areas perpetually for the duration of the planning development as open space for common use. The development as authorized shall be subject to all conditions so imposed and shall be exempt from other provisions of this chapter only to the extent specified in the authorization.

(Ord. of 6-9-2010, § 5.5.10(f))

A conditional use permit for special event parking shall be subject to the following minimum conditions:

(1)

The applicant shall submit and obtain approval of site plan as provided in division 7 of this article.

(2)

No signs shall be posted except as otherwise provided in this chapter for signs located in agricultural zoning district and under no circumstances shall any such sign exceed 16 square feet nor shall any off-premises sign be allowed. In no event shall any sign be located in any road or public right-of-way or where it would otherwise create an obstruction of vision or hazard to traffic.

(3)

No parking shall be allowed in any setback area required in this article.

(4)

If the property proposed for this use adjoins or faces a residential lot or use, vehicle parking shall be effectively screened by a wall, fence or compact planting not less than four feet in height. Plantings shall be maintained in good condition and shall not encroach on adjoining property.

(5)

The applicant shall comply with all applicable provisions of the Americans with Disabilities Act (ADA) and/or other federal and state regulations regulating the parking of motor vehicles.

(6)

No permit shall be granted allowing such use in excess of three consecutive days and, cumulatively, in excess of 15 days in any one-year period. The recited limitations may be extended upon approval of the zoning inspector if the event in question is postponed due to weather or other conditions outside the control of the applicant.

(7)

Each off-street parking space for automobiles shall not be less than 200 square feet in area, exclusive of access drives or aisles and shall be of usable shape and condition.

(8)

There shall be provided a minimum access drive of ten feet in width and where a turning radius is necessary, it will be of such an arc as to reasonably allow an unobstructed flow of vehicles.

(9)

Parking aisles for automobiles shall be of sufficient width to allow a minimum turning movement in and out of parking space. The minimum width of such aisles shall be:

a.

For 90 degree or perpendicular parking, the aisle shall not be less than 22 feet in width.

b.

For 60 degree parking, the aisle shall not be less than 18 feet in width.

c.

For 45 degree parking, the aisle shall not be less than 13 feet in width.

d.

For parallel parking, the aisle shall not be less than ten feet in width.

(10)

Any lighting fixtures used to illuminate any off-street parking area shall be so arranged as to reflect the light away from any adjoining residential lot or institutional premises.

(11)

All parking shall be arranged so that it is not necessary for vehicles to back out directly into a public or private street or roadway.

(12)

The applicant shall provide a certificate of public liability and property damage insurance covering such parking activity with minimum liability limits of $100,000.00 for damages resulting to any one person and $300,000.00 per occurrence and property damage limits of $300,000.00 per occurrence.

(13)

The township board shall from time to time establish an annual fee for such conditional use permits to reflect the anticipated cost of inspections and enforcement necessary to facilitate compliance and restoration of the premises to compliance with agricultural zoning district requirements between special event parking uses.

(Ord. of 6-9-2010, § 5.5.10(g))

Notwithstanding section 36-245, open storage of recreational motor vehicles and watercraft may be allowed as a conditional use in the Agricultural (AG-1), General Commercial (C-2), Highway Service Commercial (C-3) and Light Industrial (I-1) Zoning Districts under the following minimum conditions:

(1)

Storage shall be limited to operating and functional recreational motor vehicles and watercraft, specifically including snowmobiles and personal watercraft. No inoperable, dismantled and/or partially dismantled vehicles or watercraft shall be stored on the premises and no on-site mechanical repairs shall be permitted.

(2)

No vehicle or watercraft shall be occupied during the period of storage and at no time shall such stored items be connected to sanitary sewer facilities or have fixed connection to electricity, water or gas utilities.

(3)

The terms "recreational motor vehicle" and "watercraft" shall not include vehicles customarily categorized as passenger automobiles, motorcycles, pickup trucks, commercial vehicles of any type, airplanes, helicopters and/or tents. Camper shells and travel trailers designed to be towed by a motor vehicle shall be included in the term "recreational motor vehicle."

(4)

The minimum area of the site shall be three acres. In the event other use is made of the property, a minimum of three acres shall be devoted solely to this use.

(5)

The minimum street frontage shall be 210 feet and on a public street or highway and all ingress and egress shall be located on a public street or highway.

(6)

Within a reasonable time, but not exceeding 90 days subsequent to issuance of a conditional use permit, an opaque fence, buffer wall or planting strip shall be provided sufficient in nature to screen the view of stored items from view of all neighboring properties and public and private streets and highways.

(7)

Exterior lighting shall be installed in a manner that will not create a driving hazard and shall be hooded or shielded so as to be deflected away from adjacent property.

(8)

Such storage shall comply with all federal, state and local environmental and health regulations, including appropriate measures to prevent leakage of fuel or other petroleum products and/or hazardous materials onto or into the soil and/or waterways.

(9)

No item shall be stored within any required setback.

(Ord. of 6-9-2010, § 5.5.10(i))

Notwithstanding the generally applicable minimum lot frontage/lot width and minimum lot area per dwelling unit requirements of this chapter, land zoned for residential development may be developed, at the option of the landowner, with the same number of dwelling units that could otherwise be developed on the land under existing ordinances, laws and rules, on not more than 50 percent of the land, if all of the following apply:

(1)

Requirements.

a.

The land is zoned at a density equivalent to two or fewer dwelling units per acre; or, if the land is served by a public sewer system, three or fewer dwelling units per acre.

b.

Not less than 50 percent of the land area will remain perpetually in an undeveloped state by means of a conservation easement, plat dedication, restrictive covenant or other legal means that runs with the land.

c.

The development does not depend upon the extension of a public sewer or public water supply system, unless development of the land without the exercise of the development option provided by this provision would also depend upon such an extension.

d.

The development option provided pursuant to this section has not previously been exercised with respect to the subject property.

(2)

The development of land under this section is subject to all other applicable ordinances, laws and rules, including, but not limited to:

a.

The provisions of this chapter and chapter 20, subdivisions that are not in conflict with and preempted by Section 506 of the Zoning Act (MCL 125.3506).

b.

The land division act (formerly the subdivision control act, MCL 560.101 et seq.).

c.

Any ordinance regulating the division of land, the platting of land into subdivisions or the creation of a site condominium.

d.

Rules relating to suitability of groundwater for on-site water supply for land not served by public water.

e.

Rules relating to suitability of soils for on-site sewage disposal for land not served by public sewers.

(3)

As used in this section, the term "undeveloped state" means a natural state preserving natural resources, natural features, or scenic or wooded conditions, agricultural use, open space or a similar use of condition. This term does not include a golf course, but may include a recreational trail, picnic area, children's play area, greenway or linear park.

(Ord. of 6-9-2010, § 5.5.10(j))

(a)

Purpose and intent. The purpose of this article is to adopt a code and rules governing installation and use of wood-fired hydronic heaters within the township. This section is intended to ensure that outdoor wood-fired heaters are utilized in a manner that does not create a nuisance and is not detrimental to the health, safety and general welfare of the residents of township.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Outdoor wood-fired hydronic heater equipment, device or apparatus means that which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel products (i.e., wood, corn) to produce heat or energy used as a component of a heating system providing heat for any interior space or water source. An outdoor wood furnace may also be referred to as an outdoor wood-fired heater or outdoor wood-fired hydronic heater.

(c)

General provisions. An outdoor wood-fired hydronic heater may be installed and used in the township only in accordance with all of the following provisions:

(1)

The outdoor wood-fired hydronic heater shall be installed and used only in the agricultural (AG-1) zoning district.

(2)

All new outdoor wood-fired hydronic heaters shall be installed, constructed, established, operated and maintained in conformance with the manufacturer's instructions and specifications and the requirements of this article. In the event of a conflict, the requirements of this article apply unless the manufacturer's instructions are more stringent, in which case the manufacturer's instructions shall apply.

(3)

The outdoor wood-fired hydronic heater shall not be used to burn pressure treated wood, painted wood, particleboard, household refuse, yard waste, or materials containing plastic, rubber or asphalt products.

(4)

All outdoor wood-fired hydronic heaters installed after the effective date of the ordinance from which this article is derived shall meet all current emission standards required by the Environmental Protection Agency (EPA) and the Underwriters Laboratory (UL) listings. All wood-fired hydronic heaters shall be maintained and operated in compliance with all emissions and air quality standards promulgated by the EPA. The owner of any outdoor wood-fired hydronic heater shall make available the manufacturer's owner's manual or installation instructions to the appropriate department as deemed necessary.

(5)

Outdoor wood-fired hydronic heaters that meet current EPA emission standards, or greater, shall not be located within 75 feet of any property line.

(6)

A zoning compliance permit shall be obtained from township prior to installation of any outdoor wood-fired hydronic heater. For the purpose of this subsection, installation permits shall be obtained as required by the state uniform construction codes.

(d)

Particulate matter emission standards for newly installed units.

(1)

For the purpose of this section, the term "certified" shall mean the outdoor wood-fired hydronic heater that has been tested by an EPA accredited third party laboratory to verify that the unit meets Phase II emission standards, or greater.

(2)

Phase II Emission Standard Units which have been certified to meet a particulate matter emission limit of 0.32 lb/MMBtu heat output must be installed according to the setback requirements listed in subsection (c)(5) of this section.

(e)

Nuisance conditions. No person shall cause or allow emissions of air contaminants to the outdoor atmosphere of such quantity, characteristic or duration that are injurious to human, plant or animal life or property, or that unreasonably interfere with the comfortable enjoyment of life or property. Notwithstanding the existence of specific air quality standards or emission limits, this prohibition applies, but is not limited to, any particulate, fume, gas, mist, odor, smoke, vapor, toxic or deleterious emission, either alone or in combination with others incident to the operation of a wood-fired hydronic heater.

(f)

Violations and penalties. Anyone violating the provisions of this article shall be guilty of a misdemeanor upon conviction thereof be subject to a fine of not more than $500.00 and the costs of prosecution thereof, by imprisonment in the county jail for a period not to exceed 30 days, or both. Each day that a violation is permitted to exist shall constitute a separate offense. The imposition of any sentence shall not exempt the offender from compliance with the requirements of this article.

(Ord. of 6-9-2010, § 5.5.10(k); Ord. No. 11-01, § 3, 3-9-2011)

(a)

Purpose. The purpose of this section is to set standards and procedures for the installation and operation of on-site use (small units) and utility grid (large units) wind energy conversion systems (WECS).

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Anemometer tower means a freestanding tower containing instrumentation such as anemometers that is designed to provide present moment wind data for use by the supervisory control and data acquisition (SCADA) system which is an accessory land use to a utility grid wind energy system.

Ambient means the sound pressure level exceeded 90 percent of the time of L90.

ANSI means the American National Standards Institute.

dB(A) means the sound pressure level in decibels. It refers to the "a" weighted scale defined by ANSI. A method for weighting the frequency spectrum to mimic the human ear.

Decibel means the unit of measure used to express the magnitude of sound pressure and sound intensity.

IEC means the International Electro Technical Commission.

ISO means the International Organization for Standardization.

Lease unit boundary means boundary around property leased for purposes of a wind energy system, including adjacent parcels to the parcel on which the wind energy system tower or equipment is located. For purposes of setback, the lease unit boundary shall not cross road rights-of-way.

Nacelles means the structure that houses all of the generating components, gearbox, drive train, etc.

On-site wind energy system means a land use for generating electric power from wind and is an accessory use that is intended to primarily serve the needs of the consumer at that site.

Rotor means an element of a wind energy system that acts as a multi-bladed airfoil assembly, thereby extracting through rotation, kinetic energy directly from the wind.

Shadow flicker means alternating changes in light intensity caused the moving blade of a wind energy system casting shadows on the ground and stationary objects, such as, but not limited to, a window at a dwelling.

Sound pressure means an average rate at which sound energy is transmitted through a unit area in a specified direction, the pressure of the sound measured at a receiver.

Sound pressure level means the sound pressure mapped to a logarithmic scale and reported in decibels (dB).

Utility grid wind energy system means a land use for generating power by use of wind at multiple tower locations in a community and includes accessory uses, such as, but not limited to, a SCADA tower, electric substation. A utility grid wind energy system is designed and built to provide electricity to the electric utility grid.

Wind energy system means a land use for generating power by use of wind, utilizing use of a wind turbine generator and includes the turbine, blades and tower as well as related electrical equipment. This definition does not include wiring to connect the wind energy system to the grid. See also On-site wind energy system and Utility grid wind energy system.

Wind site assessment means an assessment to determine the wind speeds at a specific site and the feasibility of using that site for construction of a wind energy system.

(c)

Provisions.

(1)

On-site use wind energy systems and anemometer tower. An on-site use wind energy system shall be an accessory use subject to submission of a site plan as described in section 36-488 to the ordinance enforcement officer in AG-1, I-1, C-4 and all single-family residential districts and shall meet the following standards:

a.

Property setback. The distance between an on-site wind energy system and the owner's property lines shall be one and one-quarter times the height of the wind energy system tower including the top of the blade in its vertical position. The distance between an anemometer tower and the owner's property lines shall be equal to one times the height of the tower. No part of the wind energy system structure, including guy wire anchors, may extend closer than ten feet to the owner's property lines, or the distance of the required setback in the respective zoning district, whichever results in the greater setback.

b.

Sound pressure level. On-site use wind energy systems shall not exceed 40 dB(A) at the property line closest to the wind energy system. This sound pressure level may be exceeded during short-term events such as utility outages and/or sever wind storms. If the ambient sound pressure level exceeds 40 dB(A), the standard shall be ambient dB(A) plus five dB(A).

c.

Construction codes, towers and interconnection standards. On-site use wind energy systems including towers shall comply with all applicable state construction and electrical codes and local building permit requirements. On-site use wind energy systems including towers shall comply with Federal Aviation Administration requirements, the Airport Zoning Act, Public Act No. 23 of 1950 (MCL 259.431 et seq.), the tall structure act, Public Act No. 259 of 1959 (MCL 259.481 et seq.) and local jurisdiction airport overlay zone regulations. An interconnected on-site use wind energy system shall comply with state public service commission and Federal Energy Regulatory Commission standards.

d.

Safety. An on-site use wind energy system shall have automatic braking, governing or a feathering system to prevent uncontrolled rotation or over speeding. All wind towers shall have lightning protection. If a tower is supported by guy wires, the wires shall be clearly visible to a height of at least six feet above the guy wire anchors. The minimum vertical blade tip clearance from grade shall be 20 feet for a wind energy system employing a horizontal or vertical axis rotor.

(2)

Utility grid wind energy system, on-site use wind energy system over 80 feet high and anemometer towers 80 feet high. A utility grid wind energy system, on-site use wind energy system over 80 feet high and anemometer towers over 80 feet high shall be a conditional use in AG-1 and I-1 districts subject to the general requirements of subdivision (i) of this division and section 36-488 in addition to all the following specific standards:

a.

Property setback.

1.

Anemometer tower setback shall be the greater distance of the following:

(i)

The setback from property lines of the respective zoning district;

(ii)

The setback from the road right-of-way; and

(iii)

A distance equal to one-half times the height of the tower from property lines or from the lease unit boundary, whichever is less.

2.

Utility grid wind setback shall be a greater distance than the following:

(iv)

The setback from property lines of the respective zoning district;

(v)

The setback from the road right-of-way; and

(vi)

A distance equal to one and one-half times the height of the tower including the top of the blade in its vertical position from property lines or from the lease unity boundary, whichever is less.

(vii)

Inhabited structures. Each wind turbine shall be set back from the nearest residence, school, hospital, church, or library a distance no less than the greater of two times the hub height or 1,000 feet.

3.

An operations and maintenance office building, a sub-station or ancillary equipment shall comply with any property setback requirement of the respective zoning district. Overhead transmission lines and power poles shall comply with the setback and placement requirements applicable to public utilities.

b.

Sound pressure level. The sound pressure level shall not exceed 40 dB(A) between the hours of 10:00 p.m. and 6:00 a.m. and 45 dB(A) between the hours of 6:00 a.m. and 10:00 p.m. measured at the property lines or the lease unit boundary, whichever is further from the source of the noise. This sound pressure level shall not be exceeded for more than three minutes in any hour of the day. If the ambient sound pressure level exceeds 40 dB(A) or 45 dB(A) respectively, the standard shall be ambient dB(A) plus five dB(A).

c.

Safety. All systems shall be designed to prevent unauthorized access to electrical and mechanical components and shall have access doors that are kept securely locked at all times when service personnel are not present. All spent lubricants and cooling fluids shall be properly and safely removed in a timely manner from the site of the wind energy system. A sign shall be posted near the tower or operations and maintenance office building that will contain emergency contact information. Signage placed at the road access shall be used to warn visitors about the potential danger of falling ice. The minimum vertical or horizontal blade tip clearance from grade shall be 20 feet for a wind energy system employing a horizontal or vertical axis rotor.

(d)

Post-construction permits. Construction codes, towers and interconnection standards shall comply with all applicable state construction and electrical codes and local building permit requirements.

(e)

Pre-application permits.

(1)

Utility infrastructure. The systems including towers shall comply with Federal Aviation Administration (FAA) requirements, the airport zoning act, Public Act No. 23 of 1950 (MCL 259.431 et seq.), the tall structure act, (Public Act No. 259 of 1959 (MCL 259.481 et seq.) and local jurisdiction airport overlay zone regulations. The minimum FAA lighting standards shall not be exceeded. All tower lighting required by the FAA shall be shielded to the extent possible to reduce glare and visibility from the ground. The tower shaft shall not be illuminated unless required by the FAA. Utility grid wind energy systems shall comply with the applicable utility, the public service commission, and Federal Energy Regulatory Commission interconnection standards.

(2)

Environment.

a.

The site plan and other documents and drawings shall show mitigation measures to minimize potential impacts on the natural environment, including, but not limited to, wetlands and other fragile ecosystems, historical and cultural sites, and antiquities, as identified in the environmental analysis.

b.

Plans shall comply with applicable parts of the natural resources and environmental protection act, Public Act No. 451 of 1994 (MCL 324.101 et seq.), including, but not limited to:

1.

Part 31 Water Resources Protection (MCL 324.3101 et seq.);

2.

Part 91 Soil Erosion and Sedimentation Control (MCL 324.9101 et seq.);

3.

Part 301 Inland Lakes and Streams (MCL 324.30101 et seq.);

4.

Part 303 Wetlands (MCL 324.30301 et seq.);

5.

Part 323 Shore Land Protection and Management (MCL 324.32301 et seq.);

6.

Part 325 Great Lakes Submerged Lands (MCL 324.32501 et seq.); and

7.

Part 353 Sand Dunes Protection and Management (MCL 324.35301 et seq.);

as shown by having obtained each respective permit with requirements and limitations of those permits reflected on the site plan.

(f)

Performance security. Performance security shall be provided for the applicant making repairs to public roads damaged by the construction of the wind energy system.

(g)

Utilities. Power lines should be placed underground, when feasible, to prevent avian collisions and electrocutions. All aboveground lines, transformers or conductors should comply with avian power line interaction committee (APLIC) published standards to prevent avian mortality.

(h)

Standards. The following standards apply only to utility grid wind energy systems:

(1)

Visual impact. Utility grid wind energy system projects shall use tubular towers and all utility grid wind energy systems in a project shall be finished in a single, nonreflective matte finished color. A project shall be constructed using wind energy systems of similar design, size, operation and appearance throughout the project. No lettering, company insignia, advertising or graphics shall be on any part of the tower, hub or blades. Nacelles may have lettering that exhibits the manufacturer's and/or owner's identification. The applicant shall avoid state or federal scenic areas and significant visual resources listed in the local unit of government's plan.

(2)

Avian and wildlife impact. Site plan and other documents and drawings shall show mitigation measures to minimize potential impacts on avian and wildlife, as identified in the avian and wildlife impact analysis.

(3)

Shadow flicker. Site plan and other documents and drawings shall show mitigation measures to minimize potential impacts from shadow flicker, as identified in the shadow flicker impact analysis.

(4)

Electromagnetic interference. No utility grid wind energy system shall be installed in any location where its proximity to the existing fixed broadcast, retransmission or reception antennas for audio, television or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception unless the applicant provides a replacement signal to the affected party that will restore reception to at least the level present before operation of the wind energy system. No utility grid wind energy system shall be installed in any location within the line of sight of an existing microwave communications link where operation of the wind energy system is likely to produce electromagnetic interference in the link's operation unless the interference is insignificant.

(5)

The applicant, owner, or operator of a WECS in a wind park shall provide the actual total energy output of the wind park and a report to the township annually. If actual or estimated energy output for each individual WECS within the wind park is available, then it shall be provided annually in the same report.

(i)

Abandonment and decommissioning.

(1)

Any WECS that is not used for the production of energy equal to at least five percent of the energy capacity described in the site plan for a period of 12 successive months or longer shall be deemed to be abandoned and shall be promptly decommissioned, unless the applicant, owner, or operator receives a written extension of that period from the zoning administrator in a case involving an extended repair schedule for good cause.

(2)

Any wind park that is not used for the production of energy equal to at least ten percent of the total energy capacity described in the site plan (adjusted for any previously individual decommissioned WECS) at the electrical substation for a period of 12 successive months or longer shall be deemed to be abandoned and shall be promptly decommissioned, unless the applicant, owner, or operator receives a written extension of that period from the zoning administrator for good cause.

(3)

The applicant, owner, or operator shall prepare a decommissioning plan, decommissioning agreement, and decommissioning bond for submittal to the township board for review prior to issuance of the special use permit. Under the plan, agreement and bond, all structures and facilities shall be removed, including all above and below ground materials and removed offsite for disposal. No concrete, piping and other materials may be left in place. The ground must be restored to its original condition using materials approved by the township within 180 days of abandonment. The cost of such removal, decommissioning and restoration shall be borne solely by the applicant, owner, or operator or its successor(s) or assign(s).

(j)

Continuing security and escrow. If any WECS is approved for construction under this section, the applicant, owner, or operator shall be required to post continuing security and a continuing escrow deposit prior to commencement of construction, which shall remain in effect until the WECS has been finally removed, as provided below:

(1)

Continuing security: If a special use permit is approved pursuant to this section, the township board shall require security in the form of a cash deposit or irrevocable letter of credit in a form, amount, time and duration deemed acceptable to the township, which will be furnished by the applicant, owner, or operator to the township in order to ensure full compliance with this section and all conditions of approval. When determining the amount of each required security, the township may also require an annual cost escalator or increase based on the consumer price index (or other appropriate cost index). Such financial guarantee shall be deposited or filed with the township clerk after a special use permit has been approved but before construction commences within the wind park. At a minimum, the financial guarantee shall be in an amount determined by the township to be reasonably sufficient to have each WECS fully removed (and all components properly disposed of and the land returned to its original state) should such structure or structures become abandoned, dangerous or obsolete, or not in compliance with this ordinance or the special use permit. Such financial security shall be kept in full force and effect during the entire time a WECS exists or is in place, and such financial security shall be irrevocable and non-cancelable (except by the written consent of both the township and the then owner of the WECS).

(2)

Continuing escrow deposit: A continuing escrow deposit to be held by the township shall be funded in cash by the applicant, owner, or operator prior to the commencement of construction of any WECS and shall be maintained by the WECS owner until the WECS has been permanently removed. The monetary amount placed by the applicant, owner, or operator in escrow with the township shall be estimated by the township to cover all reasonable costs and expenses associated with continuing enforcement of this section, compliance with any provision or requirement of this section, and the terms of the special use permit, which costs can include, but are not limited to, reasonable fees for the township attorney, township planner, and township engineer, as well as costs for any assessments, reports, or studies which the township anticipates it may have done that are reasonably related to enforcement of the ordinance and the special use permit. If the township is required to expend any portion of the escrow deposit or if the existing escrow amount paid by the applicant, owner, or operator proves to be insufficient to cover the township's enforcement costs, the township may require the WECS owner to place additional monies into escrow with the township.

(3)

Continuing obligations: Failure to keep such financial security and escrow deposit in full force and effect at all times while a WECS exists or is in place shall constitute a material and significant violation of a special use and this section and will subject the WECS owner to all remedies available to the township, including possible enforcement action, remedies at law and equity, injunction, and revocation of the special use.

(k)

Liability. The applicant, owner, or operator shall insure each WECS at all times and shall maintain such insurance on its own behalf and on behalf of the township as a co insured, with limits of liability not less than $2,000,000.00 per occurrence for damages to persons and property (to be adjusted annually to an amount equivalent to 2024 dollars based on CPI).

(l)

Reasonable conditions. In addition to the requirements of this section, the township board may impose additional reasonable conditions on the approval of a wind park as a special use.

(Ord. of 6-9-2010, § 5.5.10(l); Ord. No. 11-01, § 3, 3-9-2011; Ord. No. 2025-01, 8-13-2025)

(a)

Intent. Cambridge Township promotes the effective and efficient use of solar energy systems. It is the intent of the township to permit these systems by regulating their siting, design, and installation to protect public health, safety, and welfare, and to ensure their compatibility with adjacent land uses. Solar energy systems, as defined herein, are only permitted as authorized by this section.

(b)

Definitions.

Ancillary solar equipment shall mean any accessory part or device of a solar energy system that does not require direct access to sunlight, such as batteries, electric meters, converters, or water heater tanks.

A solar collector surface shall refer to any part of a solar energy system that absorbs solar energy for use in the system's transformation process. The collector surface does not include frames, supports, and mounting hardware.

Solar energy shall mean radiant energy received from the sun that can be collected in the form of heat or light by a solar energy system.

A solar energy system (SES) shall mean a system (including, as parts, solar collectors, and ancillary solar equipment) either affixed to a permanent principal or accessory building or functioning as a freestanding structure, that collects, stores, and distributes solar energy for heating or cooling, generating electricity, or heating water. Solar energy systems shall include, but are not limited to, photovoltaic (PV) power systems and solar thermal systems.

A utility-scale SES shall mean a solar energy system that is:

(1)

Primarily used for generating electricity for sale and distribution to an authorized public utility.

(c)

Attachment. SES shall be permanently and safely attached to the ground. Proof of the safety and reliability of the means of attachment shall be submitted in the form of certification by a professional engineer or other qualified person.

(d)

Installation and maintenance. SES shall be installed, maintained, and used only in accordance with the manufacturer's directions. A copy of such directions shall be submitted with the application for the certificate of zoning compliance

(e)

Visual impact. The SES shall not have a significant adverse impact on the natural features or neighborhood character of the surrounding area and shall be located to minimize glare on adjacent properties and roadways.

(1)

Compliance with additional codes. SES, and the installation and use thereof, shall comply with the township/state construction code, the electrical code, and other codes

(2)

Ancillary solar equipment. Where feasible, ancillary solar equipment shall be located inside of a building or shall be screened from public view.

All ancillary equipment such as, but not limited to, water tanks, supports, batteries, and plumbing, shall be screened to the maximum extent possible without compromising the effectiveness of the solar collectors. When solar storage batteries are included as part of the solar collector system, they must be placed in a secure container or enclosure meeting the requirements of the state building code and, when no longer in use, shall be disposed of in accordance with applicable laws and regulations.

(f)

Standards for utility-scale SES. Utility-scale SES may be permitted as a special use and only within the agricultural (AG-1) and light industrial (L-1) districts, subject to the following standards

(1)

Site plan. All applications for a conditional use permit for a solar farm she be subject to conditional use standards in agricultural (AG-1) and light industrial (I-1) zoned areas.

(2)

Special use approval required.

a.

Prior to the construction of a utility-scale solar system, an application for a special use permit must be filed and approved by the planning commission. The planning commission shall review the special use based on the provisions of this section as well as the standards of section 36-99.

b.

The construction and operation of all utility-scale solar systems shall be consistent with all applicable local, state and federal requirements. All buildings and fixtures forming part of a utility-scale SES shall be constructed in accordance with the Michigan Building Code.

c.

No utility-scale SES shall be constructed, installed, or modified as provided in this section without first obtaining all applicable permits.

d.

Applications to build a utility-scale SES in Cambridge Township must be accompanied by the fees required for a special use permit and site plan review.

e.

No utility-scale SES shall be approved until evidence has been provided to the planning commission that the owner has been approved by the authorized utility company to install an interconnected customer-owned generator. Off-grid systems are exempt from this requirement.

(g)

Standards for ground-mounted utility-scale SES.

(1)

Setbacks. Utility-scale SES shall be set back at least 300 feet from road right of way lines and all property lines.

(2)

Height. Utility-scale ground-mounted SES shall conform to the maximum height standards of the zoning district in which it is located.

(3)

Minimum lot area. Minimum lot area for a utility-scale SES shall be 20 acres.

(4)

Maximum lot coverage. Maximum lot coverage restrictions shall not apply to photovoltaic solar panels. Any other regulated structures on the parcel are subject to maximum lot coverage restrictions

(5)

Lighting. Lighting of a large solar energy facility (solar energy system) shall be limited to the minimum necessary, supplied with down lighting, and in no case shall any illumination from such lighting extend beyond the perimeter of the SES. The township may require use of a photometric study to make this determination. Signage. Signs shall comply with the requirements of division 2, section 36-282 of the zoning ordinance.

(6)

Utility connections. All utility connections from the SES shall be placed underground, depending on site conditions any requirements of the utility provider. The planning commission may waive this requirement upon written confirmation from the utility provider that a connection cannot feasibly be constructed underground.

Where a utility-scale SES is located adjacent to a residentially zoned or used lot, side and rear yard screening may be required as determined by the planning commission to address specific site needs at the time of site plan review. Solar panels shall be placed such that concentrated radiation, or solar glare shall not be directed onto nearby properties or roadways. When deemed appropriate, the planning commission may require a report from a registered civil engineer or other professional to address this issue.

(7)

Landscaping. The perimeter of large photovoltaic solar farm facilities shall also be screened and buffered by installed evergreen or native vegetative plantings whenever existing natural vegetation does not otherwise reasonably obscure the large photovoltaic solar farm facilities from any public street and/or adjacent residential structures, subject to the following requirements:

a.

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

b.

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

c.

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

(h)

Glare. No large solar energy facility (solar farm) shall produce glare that would constitute a nuisance to occupants of neighboring properties or to persons traveling neighboring roads. Upon written notice from the township building inspector, or such other person designated by the township board, to the owners of the solar farm that glare from the solar farm is causing a nuisance to occupants of neighboring property or to persons traveling neighboring roads, the owner of the solar farm shall have a reasonable time (not to exceed 12 months) from the date of such notice to remediate such glare.

(i)

Other special use permit requirements for utility-scale SES.

(1)

Site control. The applicant shall submit information regarding construction vehicle access routes.

(2)

Operation and maintenance plan. The applicant shall submit a plan for the operation and maintenance of the SES, which shall include measures for maintaining safe access to the installation, storm water controls, and general procedures for operational maintenance of the installation.

(3)

Emergency services. Upon request by Cambridge Township, the owner/operator of the SES shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the SES shall be clearly marked. The owner/operator shall identify a responsible person for public inquiries throughout the life of the installation. An information sign shall be posted and maintained at the site entrance(s) which lists the name and phone number of the operator.

(4)

Ses maintenance. The utility-scale SES owner/operator shall maintain the facility in good condition. Maintenance shall include, but shall not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to local emergency response personnel. The owner/operator shall be responsible for the cost of maintaining the solar photovoltaic installation and any access road(s).

(5)

Site clearing. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation, and maintenance of the installation.

(6)

Standards. The utility-scale SES owner/operator shall provide a report of the actual total energy output to the township annually.

(j)

Abandonment or decommissioning.

(1)

Any utility-scale SES which has reached the end of its useful life or has been abandoned consistent with this section shall be removed, and parcel owners shall be required to restore the site to its original condition. The owner/operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner/operator shall notify the township and the planning commission (by certified mail) of the proposed date of discontinued operation and of plans for removal.

(2)

Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the utility-scale SES shall be considered abandoned when it fails to operate for more than one year. If the owner/operator fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, Cambridge Township is permitted to enter the property and physically remove the installation.

a.

Decommissioning shall consist of: Physical removal of all utility-scale SES, structures, equipment, security barriers and transmission lines from the site.

b.

Disposal of all solid and hazardous waste in accordance with local, state and federal waste disposal regulations

c.

Stabilization or re-vegetation of the site as necessary to minimize erosion.

(k)

Solar access. The township makes no assurance of solar access other than the provisions contained within this section. The applicant may provide evidence of covenants, easements, or similar documentation for abutting property owners providing access to solar energy for the operation of a solar energy system.

(l)

Financial surety. The applicant for a utility-scale SES shall provide a form of surety, either through an escrow account or bond, to cover the cost of removal in the event Cambridge Township must remove the installation; the amount of surety shall be determined by the Cambridge Township Board but shall not exceed more than 125 percent of the cost of removal. The applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs associated with inflation.

(m)

Battery storage. All battery storage should follow the Energy Storage Ordinance 36-421.

(n)

Host community agreement. The permit holder shall enter into a host community agreement with the township within 90 days after the issuance of the permit. The host community agreement shall require that, upon commencement of any operation, the energy facility owner must pay the township $2,000.00 per megawatt of nameplate capacity located within the township. The payment shall be used as determined by the township for police, fire, public safety, or other infrastructure, or for other projects as agreed to by the township and the permit holder within said 90 days.

(Ord. No. 2025-02, 8-13-2025)

Editor's note— Ord. No. 2025-02, adopted Aug. 13, 2025, repealed the former § 36-419, and enacted a new § 36-419 as set out herein. The former § 36-419 pertained to solar farm facilities and derived from Ord. No. 18-03, § 2, adopted Jan. 9, 2019.

(a)

Purpose. The purpose of this section is to allow for productive and desirable use of buildings which were originally constructed in an agricultural zoning district, but are no longer being used for those purposes. The preservation of such buildings has a public benefit to the township in maintaining rural character and the agricultural tradition of the township. In addition, while location on an operating farm is not required, adaptation of farm buildings can enhance and financially support existing farm operations for the benefit of the rural character and promotion of agriculture within the township.

(b)

Application. In addition to a site plan as required in article IV—Supplemental regulations, division 7—Site plan review and approval, and other application materials required by this ordinance, an application for a barn event venue shall include the following:

(1)

A narrative describing the plan for the operation of the business, including types of events, catering, alcohol service, proposed days and hours of operation, supervision by responsible parties, and other information necessary or useful to demonstrate compliance with the intent and purposes of this conditional use and the requirements imposed herein.

(2)

A written report by a qualified engineer, architect or builder stating at least a preliminary conclusion that the building proposed is in compliance with all applicable building, electrical, mechanical and structural requirements applicable to a place of public assembly.

(3)

Written confirmation from the Lenawee County Road Commission that a commercial driveway permit can be issued to provide access to the venue and parking area.

(4)

Requirements. In addition to the general requirements for conditional use approval, the following specific requirements apply to a barn event venue:

a.

Existing building. The building proposed as the barn event venue shall have originally been constructed in an agricultural zoning district. This does not prevent remodeling or reinforcement of an existing building, or the construction of accessory buildings in support of the main venue, as permitted herein.

b.

Minimum parcel size. The barn event venue shall be located on a parcel of no less than ten acres. The planning commission may modify the minimum acreage requirement for a particular use upon a finding that the use is compatible with adjacent or nearby properties and may be conducted in compliance with the other standards in the ordinance on less than ten acres. The size and capacity of the buildings, parking area, and sanitation facilities shall be capable of safely handling the events on the property.

c.

Operation by occupants. The person who operates the barn event venue shall have a primary residence on the property. This is not intended to prevent the use of caterers or others to perform functions under the supervision of the operator of the business. The planning commission may modify this requirement in cases where it determines that the applicant/operator lives in the vicinity and the applicant establishes that the property will be closely monitored during all events, in a manner substantially the equivalent as oversight by a person living on the property. To assure continued compliance with this provision, notification of all transfers of property associated with a barn event venue conditional use shall be given to the township zoning administrator 30 days prior to any such land transfer.

d.

Food and beverage service. Food and beverage service shall be provided by caterers, and not at a full-scale kitchen on the premises. Alcohol service is permitted by licensed caterers in compliance with the Michigan Liquor Control Code. This is not intended to prevent installation of warming, storage, cooling or other equipment to assist the caterers in their operation.

e.

Seasons and timing of events. Events shall conform to the following schedule:

1.

Events shall be held only during the months of April through October.

2.

Events shall be held only on Fridays, Saturdays and Sundays.

3.

All events on Fridays and Saturdays shall be completed by 11:00 p.m., and guests shall vacate the premises by that time. Any cleanup activity shall be completed no later than 48 hours after an event. Alcohol service shall be concluded not later than 10:00 p.m. Any events held on Sundays shall conclude by 5:00 p.m. The planning commission may impose more restrictive days and hours of operation if appropriate to protect neighboring properties or land use.

4.

With prior approval of the zoning administrator (who may defer to the planning commission), and subject any additional reasonable restrictions as may be imposed, up to three additional events per year may be permitted at an approved barn event venue outside the period identified in (b)(4)e.1. above.

(5)

Attendees. The maximum number of attendees shall be not more than 200, or such lesser number specified by the planning commission, subject to the further limitation of the maximum capacity of the buildings as permitted by the Michigan Building Code, the Cambridge Township Fire Department, and available parking. The planning commission may also impose supplemental restrictions, such as a limit prohibiting more than one event with an attendance greater than a specified number of persons in any weekend, or limiting the number of events in a weekend.

(6)

Amplified music. Any speakers for amplified music or announcements shall be permitted only inside a fully enclosed building or structure. Amplified music may not be played later than 10:00 p.m. and shall comply with township noise requirements (chapter 36, article IV, division 9, section 36-548 (1).

(7)

Parking. Off-street parking shall be provided as shown on the site plan submitted with the conditional use application. The minimum number of spaces shall be as provided in chapter 36, article IV, division 3 for places of assembly without fixed seats. The planning commission may impose a maximum number of permitted vehicles, and shall require appropriate screening, fencing or other landscaping, and shall prohibit the parking of vehicles within a specified distance from the right-of-way line of adjacent streets and provide other regulations to assure that vehicles are arranged in a safe manner, consistent with neighboring lands and uses. Any temporary banners, sawhorses, cones or other devices used to mark parking areas and direct traffic will be installed no more than 48 hours before an event and removed no later than 48 hours after an event. No parking whatsoever shall occur on public roads, even if permitted by road commission regulations, and violation of this requirement shall constitute grounds for revocation of the conditional use permit.

(8)

Parking surface. Barn event venue parking areas may have a grass surface if maintained in a dust and mud free condition. For more permanent parking, chapter 36, article IV, division 3 shall control, except that the planning commission may grant a parking modification with respect to the amount of parking area required to be paved, and allow (or require) parking on gravel, crushed concrete, grass, and similar areas, upon finding that paved parking would result in unnecessary amounts of paved parking area for the particular needs of the proposed use and that adequate parking for the business on non-paved areas as clearly designated on the site plan, is safe, and is compatible with adjacent or nearby properties. Dust and mud conditions shall, in all events, be controlled and avoided.

(9)

Lighting. Small lantern lights not over eight feet above ground may be used to supplement existing lights. Additional exterior lighting shall only be in compliance with the zoning ordinance and shall require the approval of the township zoning administrator. No lighting shall shine onto adjacent properties. Supplemental exterior lighting shall only be used during scheduled events.

(10)

Temporary structures. Any tent or other temporary structure which is constructed in addition to the existing buildings and structures, so as to accommodate an event, shall be installed no more than 48 hours before an event and shall be dismantled and removed no more than 48 hours after an event.

(11)

Signage. One permanent sign shall be permitted in the same manner as allowed for permitted non-residential uses in the district. Temporary signage providing additional identification of the location and parking areas may be used on the day of the scheduled event.

(12)

Toilets and lavatory facilities. Toilets and lavatory facilities shall be provided in accordance with the Michigan Building Code and applicable health department regulations, including handicap accessibility when required, but in no event shall less than two separate toilets and lavatory facilities be provided. The applicant may use portable facilities which, if used, shall be located as shown on the site plan.

(13)

Trash and refuse. All trash and refuse resulting from events will be removed by the event sponsor or caterer no later than 48 hours after an event. A dumpster or similar commercial trash receptacle may be located on the property as long as it is concealed from view from the road.

(14)

Responsible party. The property owner shall maintain responsibility for operations at the site. The applicant shall designate to the township a responsible party, with cellular and other phone contact, who is one of the owners or residents of the property, as a contact in case there are problems during the course of an event. The contact person shall at all times be available on the property during an event or shall designate to the township the person who shall be at the site, available by phone and responsible (in addition to the named property owner) during an event. As a condition of conditional land use approval, the property owner shall be responsible for compliance with the conditions of this conditional land use approval, regardless of whether violations are actually committed by employees, contractors, guests or others.

(15)

Setback requirements. All buildings and structures on the site shall conform to the minimum setback requirements of the district in which it is located, unless the planning commission imposes a greater setback requirement.

(16)

Traffic control and security. If necessary to ensure that traffic entering or exiting the property moves promptly and safely into and out of the parking area, personnel shall be supplied by the property owner to direct traffic. Also, security personnel shall be provided by the property owner to the extent necessary to ensure good order and safety are maintained during all events.

(17)

Auxiliary structures. It is the intention of this section that significant additional buildings generally not be constructed to support the barn event venue. Auxiliary structures connected with the barn event venue, such as gazebos, pavilions and restroom facilities, may be constructed as shown on the site plan. Auxiliary structures constructed to support the barn event venue shall not exceed a total area of 1,200 square feet.

(18)

Noise. A barn event venue business, and all uses, events, programs or activities connected with the business, shall not create, assist in creating, continue or permit the continuation of any excessive or unnecessarily loud disturbances.

(19)

Compliance with laws and regulations; permits and insurance. All required federal, state, county and local permits for each use, event, program or activity, shall be secured and maintained by the applicant, including but not limited to the following:

1.

Buildings, including but not limited to barns, shall not be used in the business until documentation is provided to the township from a certified architect or engineer that the building so used is structurally sound and safe for the proposed activity. In addition, all buildings used in the business shall be inspected by and shall pass inspection by the township building and electrical inspectors for all proposed uses of the building for the business.

2.

Food provided for the business shall be prepared offsite by a licensed caterer in accordance with Lenawee County Health Department. Alcoholic beverages shall not be provided unless the provider secures and maintains an appropriate license from the Michigan Liquor Control Commission.

3.

Lenawee County Road Commission driveway permits are necessary for ingress and egress from the site.

4.

All buildings and structures shall be kept in compliance with applicable building and construction codes.

(20)

Insurance coverage. A valid certificate of public liability and property damage insurance covering all barn venue activities shall be provided with minimum liability limits of $1,000,000.00 per occurrence and $3,000,000.00 aggregate. Such policy shall name as additional insured Cambridge Township (the "indemnified parties").

(21)

Additional requirements. The township zoning administrator shall be expressly authorized to impose additional conditions and limitations upon the operation of the business concerning traffic, traffic patterns, parking arrangements, noises and disturbances and other operational aspects based on experience with the operation.

(22)

Violations. Violation of the conditions of an approving resolution for a conditional land use under this subpart shall constitute a violation of the township zoning ordinance. Repeated or serious violations of the conditions of the approving resolution are grounds for revocation of the conditional land use, following notice and public hearing by the planning commission. The requirements of this section shall be incorporated into the approving resolution for the conditional land use and compliance herewith shall be a continued requirement for operation of the conditional land use.

(Ord. No. 21-01, § 1, 10-13-2021)

(a)

Purpose. The purpose of this section is to set minimum standards and procedures for the siting, design, installation and operation of battery energy storage systems (BESS). These standards permit the efficient and effective operation of BESS within the township while mitigating their potential negative impacts and ensuring their compatibility with adjacent land uses in order to protect public safety, health and welfare. BESS, as defined herein, are only permitted as authorized by this section.

(b)

Definitions. The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning.

ANSI means American National Standards Institute.

Battery(ies) means a single cell or group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. For the purposes of this ordinance, batteries utilized in consumer products are excluded from these requirements.

Battery energy storage management system means an electronic system that protects energy storage systems from operating outside their safe operating parameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected.

Battery energy storage system (BESS) means one or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone 12-volt car battery and/or electric motor vehicle. A BESS is classified as a tier 1 or tier 2 BESS as follows:

(1)

Tier 1 BESS have an aggregate energy capacity less than or equal to 600kWh and, if in a room or enclosed area, consist of only a single energy storage system technology.

(2)

Tier 2 BESS have an aggregate energy capacity greater than 600kWh or are comprised of more than one storage battery technology in a room or enclosed area.

(3)

BESS can utilize lithium-ion, lead-acid, sodium-sulfur, flow, or metal-air batteries or any combination as long as all appropriate safety and construction procedures are followed.

Building code means Stille-DeRossett-Hale Single State Construction Code Act (Act No. 230, P.A. 1972, as amended).

Cell means the basic electrochemical unit, characterized by an anode and a cathode, used to receive, store, and deliver electrical energy.

Commissioning means a systematic process that provides documented confirmation that a BESS functions according to the intended design criteria and complies with all applicable code requirement.

Decommissioning means a documented process that fully defines all the details of: how, what, where, when, and who, has responsibility for the clean-up and restoration of the site after the BESS has been deemed no longer functional.

Dedicated use building means a building that is built for the primary intention of housing BESS components and equipment, and complies with the following:

(1)

The building's only use is battery energy storage, energy generation, and other electrical grid-related operations.

(2)

No other occupancy types are permitted in the building.

a.

Occupants in the rooms and areas containing BESS are limited to personnel that operate, maintain, service, test, and repair the BESS and other energy systems.

b.

Administrative and support personnel are permitted in areas within the buildings that do not contain BESS, provided the following:

(i)

A means of egress is provided from the administrative and support use areas to the public way that does not require occupants to traverse through areas containing BESS or other energy system equipment.

Fire code means 2021 Edition of the International Fire Code, the appendix chapters, including the reference standards, as published by the International Code Council, as adopted by the Township of Cambridge in the State of Michigan.

Nationally recognized testing laboratory (NRTL) means A U.S. Department of Labor designation recognizing a private sector organization to perform certification for certain products to ensure they meet the requirements of both the construction and general industry OSHA electrical standards.

NEC means National Electric Code.

NFPA means National Fire Protection Association.

Outdoor installations means outdoor installations are BESS that are not dedicated use buildings.

(c)

Applicability.

(1)

The requirements of this section shall apply to all BESS permitted, installed, or modified in Cambridge Township after the effective date of this section, excluding general maintenance and repair.

(2)

Modifications to, retrofits or replacements of an existing BESS that increases the total BESS designed discharge duration or power rating shall be subject to this section.

(d)

General requirements.

(1)

System certification. BESS and equipment shall be listed by a nationally recognized testing laboratory to UL 9540 (standard for battery energy storage systems and equipment) or approved equivalent, with subcomponents meeting each of the following standards as applicable:

a.

UL 1973 (standard for batteries for use in stationary, vehicle auxiliary power and light electric rail applications;

b.

UL 1642 (standard for lithium batteries);

c.

UL 1741 or UL 62109 (inverters and power converters);

d.

Certified under the applicable electrical, building, and fire prevention codes as required;

e.

Alternatively, field evaluation by an approved testing laboratory for compliance with UL 9540 (or approved equivalent) and applicable codes, regulations and safety standards may be used to meet system certification requirements.

(2)

Battery maintenance. BESS shall be maintained in good working order and in accordance with industry standards.

(3)

Site maintenance. Site access shall be maintained, including snow removal at a level acceptable to the township and the Cambridge Township Fire Department.

(4)

Visual impact. The BESS shall not have a significant adverse impact on the natural features or neighborhood character of the surrounding area and shall be located to maximize its distance and visibility from adjacent properties and roadways.

(5)

Noise. The one hour average noise generated from the BESS, components, and associated ancillary equipment shall not exceed a noise level of 45dBA as measured at any property line where the system is located. Applicants may submit equipment and components manufacturers noise ratings to demonstrate compliance. The zoning inspector or planning commission may require an applicant to provide an acoustic assessment or sound study prepared by a licensed engineer from a reasonable number of sampled locations at the perimeter of the battery energy storage system to demonstrate compliance with this standard.

(6)

Code compliance. All BESS, and all other accessory buildings or structures that (1) contain or are otherwise associated with a battery energy storage system; and (2) subject to the building code shall be designed, erected, and installed in accordance with all applicable provisions of the building code, all applicable state and federal regulations, and industry standards as referenced in the building code and the Cambridge Township Zoning Ordinance.

(7)

Compliance with additional codes. BESS, and the installation and use thereof, shall comply with the building code, fire code, and other applicable township, county, and state codes. Installation of a BESS shall not commence until all necessary permits have been obtained.

(e)

Tier 1 battery energy storage systems. Tier 1 BESS shall be permitted as an accessory structure/use in all zoning districts, subject to the following standards:

(1)

Application for certificate of zoning compliance. A property owner shall obtain a certificate of zoning compliance prior to constructing a tier 1 BESS, unless otherwise exempted by this section. Applications shall include the following information:

a.

Photographs of the property's existing conditions.

b.

Product specifications of the BESS.

c.

Site plan to indicate where the BESS is to be installed on the property (or, if building mounted, the system's location on a permanent building), including its setbacks from the property lines.

d.

Elevations of the BESS, including the associated building wall or support structure if building mounted.

(2)

Exemptions from certificate of zoning compliance for tier 1 BESS. The following situations do not require a certificate of zoning compliance, but shall still comply with all other standards of this section:

a.

Repair and replacement of existing tier 1 BESS, provided that there is no expansion of the size or capacity of the existing system. This section does not exempt applicants from obtaining building permits as applicable.

(3)

Standards for tier 1 BESS.

a.

Where feasible, tier 1 BESS shall be located inside of a building. All tier 1 BESS that are located outside of a building shall be screened to the maximum extent possible without posing a fire risk. All tier 1 BESS must be placed in a secure container or enclosure meeting the requirements of the building code and, when no longer in use, shall be disposed of in accordance with applicable laws and regulations.

b.

Installation and maintenance. Tier 1 BESS shall be installed, maintained, and used only in accordance with the manufacturers directions. A copy of such directions shall be submitted with the application for the certificate of zoning compliance.

c.

Setbacks. In all zoning districts, ground mounted BESS shall be located only in the rear or side yard and shall conform to the setback requirements of those specific districts.

d.

Height. Ground mounted BESS shall not exceed 16 feet in height, measured from the ground at the base of the system to its highest point.

e.

Ground mounted systems. BESS shall be permanently and safely attached to the ground. Proof of the safety and reliability of the means of attachment shall be submitted to the zoning inspector prior to installation. The township zoning inspector may require an additional certification by a professional engineer or other qualified person prior to installation.

f.

Building mounted systems. Building mounted tier 1 BESS shall only be installed if they can be safely supported by the structure. Proof of the safety and reliability of the means of attachment shall be submitted to the zoning inspector prior to installation. The zoning inspector may require an additional certification by a professional engineer or other qualified person prior to installation.

(f)

Tier 2 battery energy storage systems.

(1)

Tier 2 BESS may be permitted as a conditional use in zoning districts agricultural (AG-1) and light industrial (I-1) only, subject to the following standards:

a.

Prior to the construction of a tier 2 BESS, an application for a conditional use permit must be filed and approved according to the procedures established in division 5 conditional uses. Accompanying the application shall be the fees required for a conditional use permit and site plan review.

b.

The construction and operation of all tier 2 BESS shall comply with all local, state, and federal requirements.

c.

No tier 2 BESS shall be constructed, installed, or modified as provided in this section without first obtaining all applicable permits.

d.

Tier 2 BESS shall not be approved until evidence has been provided to the planning commission that the property owners and applicable utility authorities have authorized the proposed system.

(2)

Application requirements. Applications for the installation, replacement or renewal, or commissioning of a tier 2 BESS shall be accompanied by the following information, in addition to all the information required for conditional uses and site plans. The planning commission shall have the authority to modify any of the following requirements based on information provided by applicants or recommendations of the township engineer, Cambridge Township Fire Department, or staff. All of the following documents must be prepared by an engineer licensed by the State of Michigan.

(3)

Construction documents. Construction documents shall include the following plans, manuals, and specifications:

a.

Location and layout diagram of the room or area in which the BESS is to be installed.

b.

Details on the hourly fire-resistance ratings of assemblies enclosing the BESS.

c.

The quantities and types of BESS to be installed.

d.

Manufacturers specifications, ratings and listings of each BESS.

e.

Description of energy (battery) management systems and their operation.

f.

Location and content of required signage.

g.

Details on fire suppression, smoke or fire detection, thermal management, ventilation, exhaust and deflagration venting systems, if provided.

h.

Support arrangement associated with the installation, including any requires seismic restraint.

(1)

Commissioning plan. Such plan shall document and verify that the system and its associated controls and safety systems are in proper working condition per requirements set forth in the fire code, building code, or applicable standard.

(2)

Decommission plan. A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all BESS components, structures, equipment, security barriers, and transmission lines from the site;

a.

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations;

b.

The anticipated life of the BESS;

c.

The estimated decommissioning costs and how said estimate was determined;

d.

The method of ensuring that funds will be available for decommissioning and restoration;

e.

The method by which the decommissioning cost will be kept current;

f.

The manner in which the site will be restored, including a description of how any changes to the surrounding areas and other systems adjacent to the BESS, such as, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed; and

g.

A listing of any contingencies for removing an intact operational energy storage system from service, and for removing an energy storage system from service that has been damaged by a fire or other event.

(6)

Hazard mitigation analysis. An analysis that evaluates the consequences of BESS failure modes according to the procedures established in the fire code or other applicable standards as determined by the Cambridge Township Fire Department or township engineer.

(7)

Sound study. An acoustic assessment prepared by a licensed engineer from a reasonable number of sampled locations at the perimeter of the BESS to demonstrate compliance with general requirements (d)5.

(8)

Fire safety plan. Such plan shall document and verify the system and its associated controls and safety systems are in compliance with the fire code.

(9)

Operation and maintenance manual. Such plan shall describe continuing BESS maintenance and property upkeep, as well as design, construction, installation, testing and commissioning information and shall meet all requirements set forth in the fire code and building code.

(10)

Emergency operations plan (EOP). A copy of the approved emergency operations plan shall be given to the owner, the Cambridge Township Fire Department, and local fire code official. A permanent copy shall also be placed in an approved location to be accessible to facility personnel, fire code officials, and emergency responders. The EOP shall include the following information:

a.

Procedures for safe shutdown, de-energizing, or isolation of the equipment and systems under emergency conditions to reduce the risk of fire, electric shock, and personnel injuries, and for safe start-up following cessation of emergency conditions.

b.

Procedures for inspection and testing of associated alarms, interlocks, and controls.

c.

Procedures to be followed in response to notifications from the BESS, when provided, that could signify potentially dangerous conditions, including shutting down equipment, summoning service and repair personnel, and providing agreed on notification to the fire department personnel for potentially hazardous conditions in the event of a system failure.

d.

Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions. Procedures can include sounding the alarm, notifying the fire department, evacuating personnel, de-energizing equipment, and controlling and extinguishing the fire.

e.

Response considerations similar to a safety data sheet (SDS) that will address response safety concerns and extinguishment when an SDS is not required.

f.

Procedures for dealing with BESS equipment damaged in a fire or other emergency event, including maintaining contact information for personnel qualified to safely remove damaged BESS from the facility.

g.

Other procedures as determined as necessary by Cambridge Township to provide for the safety of occupants, neighboring properties, and emergency responders.

h.

Procedures and schedules for conducting drills of these procedures and for training local first responders on the contents of the plan and appropriate response procedures.

(11)

Decommissioning fund. The applicant for a tier 2 BESS shall provide a form of surety, either through an escrow account or bond, to cover the costs of removal in the event Cambridge Township must remove the installation. The applicant shall submit a fully-inclusive estimate of the costs associated with full removal, prepared by a qualified engineer. The amount of the surety shall be agreed upon by the applicant, the qualified engineer, and Cambridge Township Board, and shall include a mechanism for calculating increased removal costs associated with inflation.

(g)

Standards for tier 2 battery energy storage systems.

(1)

Setbacks. Tier 2 BESS shall be set back at least 300 feet from road right-of-way lines and all property lines.

(2)

Height. Tier 2 BESS enclosures shall comply with the building height limitations for principal structures of the underlying zoning district.

(3)

Lighting. Lighting of the BESS shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties.

(4)

Signs.

a.

Tier 2 BESS facilities shall post signs in compliance with ANZI Z535 and shall include the type of technology associated with the BESS, any special hazards associated, the type of suppression system installed in the area of BESS, and 24-hour emergency contact information. As required by NEC, disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.

b.

Additional signs may be permitted subject to the requirements of division 2 sign regulations of the zoning ordinance.

(5)

Fencing requirements. Tier 2 BESS, including all mechanical equipment, shall be enclosed by a fence with a self-locking gate to prevent unauthorized access unless housed in a dedicated use building and not interfering with ventilation or exhaust ports.

(6)

Containment. Tier 2 BESS shall include containment systems to prevent chemicals, fire suppression agents, or similar hazards from contaminating surface water, groundwater, and soil, and to minimize the risk of human exposure.

(7)

Vegetation and tree cutting. Areas within 20 feet of each side of tier 2 BESS shall be cleared of combustible vegetation and other combustible growth. Removal of trees should be minimized to the extent possible.

(8)

Screening and noise barriers. Tier 2 BESS shall use architectural features, earth berms, landscaping, or other screening methods that will visually screen the BESS from adjacent properties and function as a sound barrier. These elements shall be designed to harmonize the BESS installation with the surrounding area but shall not interfere with ventilation or exhaust ports.

(9)

Utility connections. Utility connections and/or connection transmission lines shall not require a separate land use approval, but connection/transmission lines may be either determined and approved at the time of a BESS conditional use approval process, or if not finalized at the time of such approval, such lines may be approved by way of the site plan approval, so long as the lines connect to an approved BESS project.

(h)

Ownership changes. If the owner of the BESS changes or the owner of the property changes, the conditional use permit shall remain in effect, provided the successor owner or operator assumes in writing all the obligations of the conditional use permit, the site plan approval, and decommissioning plan. A new owner or operator of the BESS shall notify the zoning inspector of such change in ownership or operator in writing, within 30 days of the ownership or operator change. The conditional use permit and all other local approvals for the BESS may be determined by the township board at a public meeting to be void if a new owner or operator fails to provide written notification to the zoning inspector in the required timeframe, unless the new owner or operator provides a reasonable explanation for the delay. Reinstatement of a void conditional use permit will be subject to the same review and approval process for new applications under this section.

(i)

Abandonment or decommissioning.

(1)

Any tier 2 BESS which has reached the end of its useful life or has been abandoned as defined in this section shall be removed, and parcel owners if not covered under a lease agreement, shall be required to restore the site to its original condition. The owner/operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner/operator shall notify the township and planning commission (by certified mail) of the proposed date of discontinued operation and of plans for removal.

(2)

Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the tier 2 BESS shall be considered abandoned when it ceases to operate consistently for more than one year. If the owner/operator fails to comply with decommissioning upon abandonment, Cambridge Township may, at its discretion, enter the property and utilize the available bond and/or security for the removal of the site in accordance with the decommissioning plan.

(3)

Decommissioning shall consist of:

a.

Physical removal of all tier 2 BESS, structures, equipment, security barriers, and transmission lines from the site.

b.

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

c.

Stabilization or re-vegetation of the site as necessary to minimize erosion.

(j)

Performance guarantees. A corrective action plan shall be developed for any open or continuing issues that are allowed to be continued after commissioning. A report describing the results of the system commissioning, including the results of the initial acceptance testing required in the fire code and building code, shall be provided to the zoning inspector prior to final inspection and approval and maintained at an approved on-site location.

(k)

Changes to approved tier 2 battery energy storage systems. Minor changes to an approved tier 2 BESS may be reviewed and approved by the township zoning inspector or their designee. The zoning inspector may, at their discretion, determine a proposed amendment constitutes a major change that requires a new conditional use approval by the planning commission. The following changes shall be considered minor:

(1)

Technical changes to the following documents:

a.

Construction documents;

b.

Fire safety compliance plan;

c.

Operation and maintenance manual;

d.

Emergency operations plan.

(2)

Modification to, retrofits or replacements of an existing BESS that do not substantially increase the total BESS designed discharge duration, power rating, or increase the system lot coverage.

(l)

Enforcement. Any violation of this section shall be subject to the same enforcement requirements, including the civil and criminal penalties, provided for in the Cambridge Township Code of Ordinances.

(Ord. No. 2025-03, 8-13-2025)