Various land uses and activities possess unique characteristics which, under certain conditions, require special limitations and controls to insure compatibility with adjacent land uses, with the natural environment, and with existing and projected capacities of public services and facilities affected by such uses or activities.

Such land uses, if provided for in this chapter, are special land uses, subject to review and approval by the Planning Commission after public notice and public hearing. In granting any such approval, the Planning Commission may impose reasonable terms and conditions in order to assure that public services and facilities will be capable of accommodating increased service and facilities requirements, to protect the natural environment and conserve natural resources, and to promote the use of land in a socially and economically desirable manner.

Only the special land uses specifically stated in this chapter are eligible for consideration and approval. This article includes provisions for applications for special land uses; required procedures; standards for approval of special land uses; and particular standards and requirements for specific special land uses which are available if included in the zone district articles or in other provisions of this chapter.

An application, on a form provided by the Township, shall be completed by the applicant and submitted to the Zoning Administrator.

The fee established for an application for a special land use shall be paid at the time of the filing of the application. The applicant shall also deposit the required sum into an escrow account with the Township for use in reimbursing the Township for its expenses in the consideration of the matter, as specified in the Township's zoning escrow account procedures.

A site plan and the required number of copies covering the special land use shall be submitted with the application. The site plan shall comply with all of the required contents of a site plan as stated in § 450-22.06A, except items waived under § 450-22.06B.

When an application and site plan are received for an available special land use, the Zoning Administrator shall determine whether the application and the site plan are complete. If either is incomplete, the Administrator shall return both to the applicant for correction or completion. Complete applications and site plans shall be forwarded by the Zoning Administrator to the Planning Commission for public hearing.

Notice of a Planning Commission public hearing on a proposed special land use shall be published and mailed in accordance with Article 32 of this chapter.

A special land use shall comply with all of the minimum requirements provided in this chapter and in other applicable Township ordinances for the special land use.

In considering a special land use, the Planning Commission may require the submission of additional reports, studies or information, including an environmental impact assessment, traffic impact study, stormwater drainage plan and other plans or studies, bearing upon the operation and effects of the special land use.

In its review of the application and the site plan, the Planning Commission may submit the same for review and comment by the Township's professional consultants.

Following the public hearing, the Planning Commission shall approve the special land use, deny the use or approve the use with conditions, subject to Subsection G of this section. If the special land use is denied, the Planning Commission shall specify the grounds for denial in a resolution or in the minutes of the public hearing.

In the case of a special land use that is subject to final approval by the Township Board, the Planning Commission shall, after public hearing, make a recommendation to the Board as to whether the special land use shall or shall not be approved or, if approved, upon what terms. Following such recommendation, the application, the site plan, the minutes of the Planning Commission hearing and other relevant information and materials on the matter shall be forwarded to the Township Board for consideration and decision.

The use is designed and constructed, and will be operated and maintained, so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, will be compatible with adjacent uses of land, and will not change the essential character of the area in which it is proposed.

The use is, or will be as a result of the special land use permit, served adequately by public services and facilities, including, but not limited to, streets, police and fire protection, drainage structures, refuse disposal, water and sewer facilities and schools.

The use does not involve activities, processes, materials and equipment or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of traffic, noise, smoke, fumes, glare or odors.

The use will be compatible with the natural environment and will be designed to encourage conservation of natural resources and energy.

The site plan proposed for the use demonstrates compliance with the special land use specific design standards and all other applicable requirements of this chapter.

The special land use must be consistent with the intent and purposes of this chapter and the Master Plan.

To ensure public services and facilities affected by the proposed use or activity will be capable of accommodating increased service and facility loads necessitated by the proposed use.

To ensure that the use is compatible with adjacent land uses and activities.

To protect natural resources, the health, safety, and welfare and the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.

To relate to the valid exercise of the police power and purposes which are affected by the proposed use or activity.

To meet the intent and purpose of this chapter, be related to the standards established in this chapter for the land use or activity under consideration, and be necessary to insure compliance with those standards.

Approval of a special land use shall be effective for a period of one year, but such effectiveness shall continue so long as the development and construction of the special land use commences within such period of one year and is diligently pursued to completion and operation thereafter.

Upon written application by the applicant, the Planning Commission may extend the one-year term of the special land use by an additional period of up to one year upon a finding that there have been no changed relevant conditions in the area or with respect to the use which would require reconsideration of the special land use. An application for an extension of the initial one-year period shall be submitted by the applicant, in writing, prior to the expiration of the initial one-year period; provided, however, that in the case of an untimely application for such an extension, the Planning Commission shall nevertheless have the option to consider, or not consider, the extension upon a finding that extenuating circumstances or unforeseen events have prompted the untimeliness and, further, that land use conditions in the area of the special land use have not changed to such extent that the use should be reconsidered under the same procedures that applied for original consideration.

An applicant may apply for an amendment in an approved special land use by submitting a complete application form, a site plan depicting the special land use and the requested amendment, together with payment of the applicable application fee and zoning escrow deposit.

The procedures whereby the Planning Commission may consider and approve an amendment shall be the same as those specified for original approval of a special land use, including public notice of and public hearing by the Planning Commission.

In considering any such amendment, the Planning Commission may review the existing special land use, and all operational and other aspects thereof, in order to determine whether the special land use, as amended, may properly be approved. In approving a proposed amendment, the Planning Commission may include terms and conditions.

A violation of any of the terms and conditions of a special land use shall be a violation of this chapter, and all penalties specified herein for the violation of this chapter shall apply; the Township shall also have such other enforcement remedies permitted by law.

The Township may also take such other lawful action as may be necessary to prevent or moderate the violation, including revocation of all or part of the special land use. A decision to revoke a special land use or any part thereof shall be made by the Planning Commission at a public meeting. Prior to any Planning Commission consideration and decision as to revocation, the Zoning Administrator shall notify the applicant of the violation, in writing, and that, unless corrected, the special land use or a stated component thereof shall be subject to revocation. Such notice of violation shall be mailed to the applicant at least 15 days prior to any consideration of revocation by the Planning Commission.

An adult foster care small group home is a state-licensed foster care facility for the supervision and care of not more than 12 adults.

The small group home shall be state-licensed under the terms of the Adult Foster Care Facility Licensing Act.[1] The owner and operator of the small group home shall comply with all applicable provisions of the Act.

The small group home shall not include, or be state-licensed for, the residence, care or treatment of persons who have been released from a correctional institution or who are serving a term of probation after being convicted of the commission of a crime involving violence, illegal sale or use of a controlled substance or criminal sexual conduct.

The small group home shall not be located within a 1,500-foot radius of any other adult foster care home or any adult day-care facility, measured from property lines, except that this provision shall not apply to another adult foster care small group home that has been approved as a special land use under the terms of this section.

The small group home shall not commence operation until proof of the issuance of the applicable state license has been submitted to the Zoning Administrator.

Residential services, supervision, care and other services permitted under the terms of the state license shall be provided only to the residents of the small group home.

Operating hours shall be between 6:00 a.m. to 10:00 p.m. daily, unless otherwise approved by the Planning Commission based upon a finding under particular circumstances of no negative impact on neighboring properties or the surrounding area.

Parking shall conform to the parking regulations applicable in the district in which the facility is located. The facility shall have no less than one parking space for each owner/operator and one parking space for every two persons being served (based on approved capacity).

The facility shall be subject to the approval of the Township Fire Chief and subject to all State and County Health Department requirements.

All refuse collection facilities shall be screened from view by adequate fencing.

The creation of additional private airfields accommodating more than two airplanes on a more or less permanent basis is hereby deemed to be contrary to the sound development of the Township and the safety of its residents.

Existing private airfields may expand on the same property, provided the Planning Commission finds that such expansion will not adversely affect existing or future development of the area.

Private airfields or landing strips accessory to a permitted agricultural use on the same property are permitted if the Planning Commission finds that:

A bed-and-breakfast establishment shall be located only in a detached single-family dwelling which has at least 1,500 square feet of usable floor area. For each guest room in excess of two, an additional 100 square feet of floor area shall be required.

The bed-and-breakfast shall be the principal residence of the owner, who shall reside there when the bed-and-breakfast is in operation. If the owner is not in residence in the dwelling unit for 14 consecutive days or more, the bed-and-breakfast shall be closed until the owner returns.

The bed-and-breakfast shall have no more than five guest rooms, plus a common area for use by all guests.

One sign, not exceeding four square feet, shall be allowed for identification purposes only. Sign lighting shall be indirect and shielded from view off site. Internally lighted signs are not permitted.

Meals may be served only to the operator's family and overnight guests of the establishment.

Cooking facilities in bed-and-breakfast guest rooms are prohibited.

Off-street parking shall be provided in addition to that required for single-family dwellings at the rate of one vehicle parking space per sleeping room and shall be located so as to minimize negative impacts on adjacent and nearby lands.

Exterior refuse storage facilities shall be screened from view on all sides by a six-foot solid decorative fence or wall or by other screening approved by the Planning Commission.

The maximum stay for any guest of a bed-and-breakfast shall be 10 consecutive days, not to exceed a total of 30 days in any twelve-month period. A guest register accurately showing the names of the guests and the dates and duration of their stays shall be maintained by the owner and made available to the Township for inspection upon request.

Bed-and-breakfast establishments shall be located only in buildings that are used and have been used as detached single-family dwellings. No dwelling or other building shall be constructed or enlarged for the purpose of having or operating a bed-and-breakfast establishment. A building shall have been in use as a detached single-family dwelling for at least five years prior to the issuance of any special land use for the operation of a bed-and-breakfast establishment within the building.

In addition to the site plan required by this chapter, a floor plan of the dwelling unit and the use of each room shall also be submitted with the special land use application.

A child-care center shall be state-licensed under the terms of the Child Care Organizations Act, Act 116 of 1973, as amended.[1] The owner and operator of the child-care center shall comply with all applicable provisions of the Act.

In accordance with its state license, a child-care center shall receive one or more preschool or school-aged children for care for periods of less than 24 hours a day.

Operating hours shall be between 6:00 a.m. to 10:00 p.m. daily, unless otherwise approved by the Planning Commission based upon a finding under particular circumstances of no negative impact on neighboring properties or the surrounding area.

Parking shall conform to the parking regulations applicable in the district in which the facility is located. The facility shall have no less than one parking space for each owner/operator and one parking space for every two persons being served (based on approved capacity).

The facility shall be subject to the approval of the Township Fire Chief and subject to all State and County Health Department requirements.

In its approval of the child-care center, the Planning Commission may require the establishment and use of an outdoor play area of at least a specified size. The outdoor play area shall be completely enclosed by a chain-link or solid fence of at least four feet in height. If it is located adjacent to a residential use, it shall be screened by vegetation having a height when planted of at least five feet.

All refuse collection facilities shall be screened from view by adequate fencing.

A child day-care home is also known as a "group child-care home" under the terms of the Child Care Organizations Act, Act 116 of 1973, as amended.[1] The day -care home shall be state-licensed under the terms of the Act. The owner and operator of the day-care home shall comply with all applicable provisions of the Act.

Under the terms of its state license, the child day-care home may provide care and supervision for more than six but not more than 12 minor children for periods of less than 24 hours a day, except children related to an adult member of the family living in the home. A child day-care home shall be located only in a private single-family detached dwelling.

Operating hours shall be between 6:00 a.m. to 10:00 p.m. daily, unless otherwise approved by the Planning Commission based upon a finding under particular circumstances of no negative impact on neighboring properties or the surrounding area.

Parking shall conform to the parking regulations applicable in the district in which the facility is located.

The facility shall be subject to the approval of the Township Fire Chief and subject to all State and County Health Department requirements.

In its approval of the child day-care home, the Planning Commission may require the establishment and use of an outdoor play area of at least a specified size. The outdoor play area shall be completely enclosed by a chain-link or solid fence of at least four feet in height. If it is located adjacent to a residential use, it shall be screened by vegetation having a height when planted of at least five feet.

All refuse collection facilities shall be screened from view by adequate fencing.

A church or other place of worship shall be located on a lot of at least three acres in area.

In considering the proposed special land use, the Planning Commission shall consider the size, setbacks and other characteristics of the church building; the amount of off-street parking to be provided; any potential traffic congestion that may result from the church use; and any adverse effects of the church and its use on adjacent properties and the surrounding area.

Safe, convenient and paved access drives and vehicle circulation lanes within the site shall be provided.

If located in a residential district, the principal building shall be set back at least 100 feet from the street right-of-way line, or the building shall have such lesser setback as may be permitted in the terms of the special land use. If the use is located in a nonresidential district, the applicable minimum required principal building setbacks of the district shall apply.

A spire or steeple may exceed the building height limitation that would otherwise apply, if permitted in the terms of the special land use.

Parking lots shall be reasonably screened if located adjacent to residential lands.

Playgrounds, athletic grounds or similar recreational areas may be permitted on the site, if approved within the terms of the special land use.

A child-care center may be operated in the church building or other permitted principal building, if approved as a part of the special land use, subject to compliance with the following requirements:

Nature of composting materials.

Site development requirements.

Additional considerations. In addition to the site plan required by Article 22, a proposed operation and management plan shall be submitted containing the following information:

The minimum lot area for a commercial kennel is two acres, plus an additional 1/3 of an acre for each animal in excess of six.

The minimum lot area for a commercial stable is 10 acres, not including areas devoted to living quarters or other uses not incidental to the stable.

Buildings for the housing of animals shall not be located within 300 feet of any property line or street right-of-way.

Areas for riding trails or riding purposes shall be located on the same premises, unless the owner has written permission to use adjacent lands for said purpose. Access to riding areas shall not necessitate the riding or leading of animals upon or across a public road.

The premises shall include storage adequate for the disposal of manure and refuse, have proper insect control methods and be suitably fenced.

Commercial accessory waterfront uses are limited to the keeping, rental, launching and use of nonmotorized recreational watercraft and other recreational buoyant devices (except rafts), but only insofar as such use is accessory to a permitted principal commercial use located on a property fronting on a lake in the B-1 and B-2 Districts.

The nonmotorized recreational watercraft and other recreational buoyant devices that may be kept, launched, rented and used in the special land use are kayaks, canoes, rowboats, sailboats, paddleboats, paddleboards, wind surfboards and similar nonmotorized watercraft and other nonmotorized buoyant devices (except rafts) whereby persons may travel or float for recreational purposes on a lake.

The maximum number of nonmotorized kayaks, canoes, rowboats, sailboats and paddleboats that shall be docked or moored on or launched from a lakefront property shall not exceed six of such vessels, in any combination, in accordance with § 126-11 of Chapter 126, Boat Launching and Docking, of the Township of Cannon.

The maximum number of paddleboards, wind surfboards and similar flat buoyant devices (except rafts) that may be kept, launched, rented and used on or from a lakefront property shall be as determined in the approval of the special land use.

The placement and use of a raft as an accessory use to a permitted principal commercial use shall not be subject to the special land use, but shall be regulated exclusively by § 126-24 and other applicable provisions of Chapter 126, Boat Launching and Docking. A raft shall be as defined in § 126-7 of Chapter 126, Boat Launching and Docking.

The special land use shall be approved only in accordance with the special land use standards of § 450-23.05 and upon findings based on the following:

The terms of the special land use shall not be inconsistent with applicable provisions of Chapter 126, Boat Launching and Docking, to the extent that such chapter may regulate the commercial accessory use of the nonmotorized watercraft and other buoyant devices as described in this section on and from waterfront lands in the B-1 and B-2 Districts.

Adequate, safe and convenient driveways for the ingress and egress of construction equipment and other contractor equipment shall be provided.

The contractor yard shall have such area and such minimum frontage on a public street as is specified in the special land use.

All storage areas shall comply with the same setback requirements that are applicable to principal buildings and structures in the zone district.

Outdoor parking and storage of vehicles and equipment shall be set back at least 200 feet from any residential zone or residential use; provided, however, that the Planning Commission may reduce such setback if the Commission determines that the parking area will be adequately screened from residential lands with a solid fence or equivalent landscaped screening.

Adequate landscaping, buffering or other design features shall be provided to ensure that the use is reasonably compatible with adjacent and nearby land uses.

In its approval of the special land use, the Planning Commission may determine the maximum height of construction equipment being stored out of doors, such as excavation equipment, cranes and the like.

The Planning Commission may include conditions for the purpose of avoiding adverse effects on other lands, such as fencing of the entire contractor yard, measures for control of noise, dust and the like and similar protective provisions.

This special land use includes drive-through facilities for permitted banks, credit unions, pharmacies, dry cleaners and other retail-related drive-through facilities, but it does not include drive-through facilities at restaurants, which are addressed elsewhere in this chapter.

In considering the special land use, the Planning Commission shall consider the following, among other factors: the proposed location for the drive-through portion of the use; the size, setbacks and other features of the building in which the drive-through facility would be located; the proximity of the drive-through facility and the applicable driving lane to adjacent lands and uses; and the off-street parking spaces and areas provided for the business which includes the drive-through facility.

The entrance to and exit from the drive-through facility shall be located so as to avoid potential traffic congestion or hazards resulting from the entrance and exit of motor vehicles to and from the facility.

There shall be adequate stacking space for vehicles on the site, to avoid motor vehicles being lined up to an extent that will interfere with other traffic circulation on the site or which may result in infringement of entry or exit driveways.

The materials, color and design of buildings shall be generally compatible with the surrounding neighborhood.

Buildings and structures shall comply with the setback requirements of the district for principal buildings.

Fencing or screening may be required in order to minimize the visual impact of the facility or improve its compatibility with adjoining properties.

Adequate off-street parking shall be maintained in a dust-free condition.

The building in which the operation is conducted shall be located not less than 100 feet from any dwelling on a neighboring property.

The minimum setback for all uses and structures associated with the operation shall be in accordance with minimum setbacks for the district.

All structures which are temporary in nature shall be removed when the operation is not active.

No building or display area shall extend into any required yard or required parking or maneuvering areas for vehicles.

The special land use shall include terms and conditions on the operations of the farm market.

Any merchandise offered for sale in addition to agricultural produce shall be limited to items that are accessory to or reasonably related to the produce being offered for sale.

In considering the special land use, the Planning Commission shall determine minimum lot area, minimum lot width and minimum building setbacks for the use.

The hotel or motel shall be located on and shall have direct access from a major street.

Driveways and parking areas shall have sufficient space to accommodate vehicles of patrons waiting to check into the hotel or motel or waiting to depart therefrom.

There shall be sufficient landscaping, buffering and isolation area from other lands to avoid adverse impacts by reason of view, traffic noise or other adverse effects.

Driveways and parking areas for delivery and service vehicles may be required to be separated from driveways and parking areas used by the public.

In approving the special land use, the Planning Commission shall determine other required aspects of the use, including public water and sanitary sewer service, stormwater drainage measures, landscaping, signage and other aspects of the use.

Only storage uses shall be permitted, except for sales of products and supplies incidental to the principal use, such as packing materials, labels, rope, locks, tape or similar items.

The storage of combustible or flammable liquids, combustible fibers or explosive materials, as defined in the Fire Protection Code, or toxic materials, is prohibited.

Site access shall be directly from a paved public street.

Individual businesses other than the storage use itself are prohibited.

The minimum separation between self-storage buildings shall be 24 feet.

Internal drive aisles shall be at least 24 feet wide and shall be clearly marked to indicate the direction of traffic flow.

Adequate parking spaces and loading and unloading spaces shall be provided.

Storage buildings shall not exceed one story in height. The Planning Commission may limit the floor area of an individual storage building.

All goods and items shall be stored only in an enclosed building.

Storage unit doors shall not face a public street right-of-way.

In approving the special land use, the Planning Commission may include terms and conditions for the purpose of avoiding adverse effects of the use on adjacent or nearby lands.

The site shall be a sufficient area to provide space for the parking of vehicles at the repair shop, including vehicles being repaired, those being parked for repair at a future time and the temporary parking of vehicles for service or departure from the site.

Driveways, service areas and off-street parking areas shall be paved. They shall be graded and drained so as to properly dispose of all accumulated surface water.

The number of driveways and the location and width thereof shall be subject to Planning Commission approval.

The setbacks of buildings, internal driveways and other features shall be as determined by the Planning Commission.

All motor vehicle repair and related services shall be conducted only in a fully enclosed building, except for necessary parking of vehicles out of doors when repair activities are not occurring.

In approving the special land use, the Planning Commission shall determine minimum lot area, minimum lot width and minimum street frontage.

The Planning Commission shall determine the location and number of driveways for the use and the width thereof.

All fueling pumps shall be at least 30 feet from any lot line or street right-of-way and shall be arranged to prevent motor vehicles waiting to be serviced from encroaching on a sidewalk, street, intersection or other right-of-way.

Minor vehicle repair work may be permitted if conducted inside a fully enclosed building, except for incidental services, such as adding of motor oil, windshield wiper fluid and other fluids or minor additions or adjustments.

All areas designed for vehicles shall be paved.

If the use adjoins a residentially zoned property, the Planning Commission may require a six-foot-high solid wall or fence, or substantial landscaped screening, along the shared property line.

All outside storage areas for trash, auto parts and similar items shall be located in the rear yard and shall be fully enclosed.

Accessory retail uses in the service station building may be permitted in accordance with conditions included in the special land use. Adequate off-street parking for customers of any such accessory retail uses shall be provided.

All washing activities must be carried on within a building, except for outdoor temporary drying of vehicles.

Vacuums shall be at least 100 feet from any building on an adjoining property.

The entrances and exits of the vehicle wash building and areas provided for the outdoor drying of vehicles shall be arranged to prevent queued or parked motor vehicles from encroaching on a sidewalk, street, intersection or other right-of-way.

Adequate vehicle stacking spaces shall be provided for each self-serve wash stall and for each automatic wash lane.

All off-street parking areas and maneuvering lanes shall be adequately drained to prevent water from flowing onto adjacent property or street rights-of-way.

In approving the special land use, the Planning Commission shall determine minimum parcel area, minimum parcel width, minimum street frontage and minimum setbacks for buildings, playgrounds and other elements of the use.

Access driveways shall be a sufficient distance away from intersecting streets so as to avoid adverse traffic conditions.

There shall be adequate and convenient water supply and sanitary sewage disposal for the use.

Those portions of the use which may involve public assembly, or which may have other characteristics which may result in noise or other adverse impacts, shall be located a sufficient distance away from other lands, or shall be adequately shielded and buffered, to avoid the transmission of noise or other adverse impacts onto other lands.

Adequate off-street vehicle parking area shall be provided. The minimum provisions for all off-street parking areas shall be determined by the Planning Commission in its approval of the special land use.

Any accessory commercial uses shall be limited to those necessary to serve only the persons making use of the park, playground or similar facility.

All sanitary facilities shall be designed and constructed in compliance with Kent County Health Department regulations.

Adequate trash receptacles shall be provided throughout the site.

Operating hours shall be as determined by the Planning Commission, based on the nature of the use and the potential for the use to result in adverse effects on adjacent lands and uses.

The minimum lot area shall be as determined by the Planning Commission, but in any case, it shall not be less than two acres.

The Planning Commission shall determine minimum lot width, minimum street frontage and the number, location and width of access driveways.

The minimum number of off-street parking spaces shall be as specified in Article 27.

No part of any building may be closer than 100 feet to an adjacent lot line, except that the Planning Commission may reduce this setback requirement to not less than 25 feet if it finds that such reduction in the setback will not be injurious to the use or enjoyment of nearby properties; will not result in traffic or other safety hazards; and will not materially impair the intent and purpose of this chapter or the public's interest.

Each building must provide the equivalent of 250 square feet of floor area for each tenant or occupant, exclusive of basement or attic space, whether or not such spaces are in a finished condition.

If the use is required to be state-licensed, any such license shall be maintained in full force and effect and all of its terms and conditions shall be fully complied with; a copy of the license and each instrument of renewal thereof shall be promptly furnished to the Township Zoning Office.

All refuse collection facilities shall be screened from view by adequate fencing.

The sale or outdoor display of merchandise shall not be permitted within the required setback areas.

The Planning Commission may require a fence or wall to be constructed along the rear and/or sides of the lot to keep trash, paper, and other debris from blowing off the premises.

The lot area used for parking shall be hard-surfaced and the display or storage areas shall be provided with a permanent, durable, and dustless surface and shall be graded and drained so as to dispose of all surface water.

All lighting shall be shielded from adjacent residential areas.

For a plant materials nursery, the storage of any soil, fertilizer, or similar loosely packaged materials shall be sufficiently contained to prevent any adverse effect upon adjacent properties.

For new and used car sales and rentals, vehicle display or storage shall not be carried out in areas required for visitor, employee or service parking.

All concerts and events shall conform to Chapter 113, Assemblies, Outdoor, of the Code of the Township of Cannon.

A special use request shall be subject to approval by the Township Board, after recommendation by the Planning Commission. In its approval of the special land use, the Township Board may depart from the Planning Commission's recommendation. In any approval of the special land use, the Township Board may include other or additional terms and conditions applicable to the use.

The special use approval shall be reviewed annually, provided the Township Board may, at its discretion, extend the review period to multiple years. The review shall be conducted in the same manner as the original special use approval, provided a public hearing shall not be required. The review shall evaluate compliance with the general special use standards, all applicable requirements specific to the use, prior conditions of approval and any associated impacts, such as, but not limited to, traffic congestion, noise, litter and citizen complaints. If the Township Board finds that the use has failed to comply with the applicable standards, requirements and conditions, it may revoke the special use approval.

Once a special use has been approved, the Township Board may delegate authority to approve some or all individual concerts or events, in accordance with the licensing provisions of Chapter 113, Assemblies, Outdoor. If desired, the approval of any concert or event may be conditioned upon the subsequent submission of an additional or revised site plan or other specific information by the applicant at a later time. If additional plans and/or information are required, the special land use shall specify which body, bodies or individual will be responsible for review and approval of that material.

In addition to the information required by Chapter 113, Assemblies, Outdoor, a parking and traffic control plan shall be submitted with each special use application and, if required, shall be provided for individual concerts or events. At a minimum, the parking and traffic control plan shall contain:

Organized snowmobile racing event at a winter ski area or resort.

Such uses may include a golf course, country club, ski area and other outdoor recreation use.

The use shall have direct access to a paved public street.

No clubhouse, restaurant or similar building shall be located within 200 feet of the front property line or 400 feet of the side or rear property lines.

Restaurants, including restaurants serving alcoholic beverages, and retail sales and repair of equipment of a type used for activities at the facility may be permitted as additional special land uses, in accordance with the general standards for special land uses.

Tees, fairways, greens and trails shall be arranged in a manner to limit stray golf shots and trespassing onto neighboring properties. The Planning Commission may require fencing to prevent trespassing onto neighboring properties.

Lighting shall be no brighter than necessary to provide for safe use of the recreational facility and shall be directed away from adjoining properties and public rights-of-way. The Planning Commission may, as a condition of special land use approval, require the reduction or extinguishment of lighting during periods when the area is not being used for its intended purpose.

Such outdoor storage shall be permitted only in the I Industrial District.

All materials, motor vehicles, equipment and other goods and items stored outside of an enclosed building shall be effectively screened from view by a fence, wall, landscaping or a combination thereof.

The location of such outdoor storage on the site of the use permitted in the I District shall be as determined by the Planning Commission, including the setbacks thereof from property lines.

The primary business activity of the restaurant or cafe shall be the serving of meals.

The sale and consumption of beer, wine and alcohol shall be only an incidental and subordinate business activity of the restaurant or cafe.

The sale and consumption of alcoholic beverages at the restaurant shall be state-licensed; a copy of the license and any instrument of renewal thereof shall be promptly furnished to the Township Zoning Office.

If a distinct or separate part of the establishment is designated or used primarily for the sale and consumption of beer, wine and/or intoxicating liquors, that part shall not occupy more than 1/3 of the total floor area of the establishment accessible to customers.

Outdoor seating may be permitted where it is determined that:

The site shall be designed and constructed to provide sufficient vehicle stacking space in the drive-through lanes so no vehicles will extend into any abutting street. In its consideration of the application for special land use, the Planning Commission may consider the appropriate minimum number of stacking spaces for vehicles utilizing the service ordering station. All vehicle stacking space shall be located so as not to interfere with the circulation of other vehicles on the site and shall not block or interfere with the use of designated parking spaces.

In addition to the minimum number of parking spaces otherwise required, the Planning Commission may require up to three additional parking spaces, placed in close proximity to the exit area of the drive-through portion of the restaurant site, for customers waiting for the delivery of orders.

All site access shall be from a county primary road.

Site access and circulation shall be designed to minimize traffic conflicts, congestion and disruption on adjacent streets and nearby driveways.

Any loudspeakers shall not face adjoining residentially zoned or used lands and shall be modulated so that any generated sound is not audible beyond property boundaries.

All outdoor trash receptacles shall be fully enclosed.

Adequate and regular measures to prevent or control wind-blown trash and litter shall be employed to avoid or prevent adverse effects on adjacent or nearby lands and streets.

All service areas, including loading and unloading areas and drive-through and driving lanes, shall be set back from property lines for such distance as determined by the Planning Commission.

Outdoor seating and dining shall be accessory to a principal restaurant use.

The Planning Commission shall determine the hours of operation of the outdoor dining area.

The Planning Commission shall determine the maximum seating capacity of the outdoor dining area.

There shall be adequate separation between the outdoor dining area and the adjacent or nearby driving lanes or parking areas by means of adequate distance, curbing, barriers or other measures.

When the outdoor dining area is not in use during inclement weather months, the chairs, tables and other equipment used in the outdoor dining activities shall be stored indoors.

The Planning Commission may regulate outdoor lighting, outdoor amplification of music and other sound, and other aspects of the use which may result in adverse effects on other lands or nearby streets.

Retail stores greater than 10,000 square feet but not greater than 50,000 square feet are an available special land use in the B-1 District.

Retail stores exceeding 50,000 square feet are an available special land use in the B-2 District.

The special land use shall comply with the minimum provisions of the zone district in which it is located, except that in approving the special land use, the Planning Commission may impose stricter minimum provisions, in view of the size and scope of the special land use and its expected impact on other lands and adjacent streets.

Adequate off-street parking shall be provided in accordance with the applicable provisions of Article 27, or such parking shall be in accordance with other requirements specified in the special land use.

The use shall be located only on a major public street. There shall be safe and convenient motor vehicle access to the site and exit from the site. The Planning Commission shall determine the location, configuration, and width of access driveways.

In approving the special land use, the Planning Commission shall determine all relevant aspects of the use, including additional building setbacks; separation of vehicle traffic from pedestrian areas; water supply and sanitary sewer service; stormwater drainage measures; landscaping; signage; screening of the use from residentially zoned or residentially used lands; and other provisions for the purpose of avoiding or moderating adverse impacts resulting from the use.

All vehicles, parts, material and equipment must be stored within enclosed buildings or within an area completely enclosed by a screening fence at least eight feet in height.

The screening fence must be of such design as to completely obstruct vision. No chain-link fence, with or without covering, shall be permitted.

The screening fence shall be set back from all property lines in accordance with the minimum yard requirements of the district.

No materials shall be stacked higher than the screen fence.

All materials shall be stockpiled in neat and orderly rows with adequate aisle space provided between rows to accommodate emergency vehicles and equipment.

No storage area shall be located within 500 feet of a residential district or street.

The removal or extraction of mineral resources in quantities less than 5,000 cubic yards or the reshaping, enlarging, straightening, damming or diminution of lakes, waterways, ponds or other bodies of water is permitted only with the intent and in such manner as to prepare or render the premises suitable for the primary intended uses of the district in which the premises is located or as envisioned in the Township Master Plan.

Mineral removal or extraction activities and other operations covered by the terms of this section shall be permitted only upon compliance with the following provisions:

Objectives and required approvals.

Qualifying conditions. Lands proposed for mineral removal shall be located in the RR District.

Permitted uses. Land, buildings and structures on the site shall be used only for removal of sand, gravel and other mineral resources in accordance with the terms of this section. Any resulting use following mineral removal activities and operations shall conform to the Future Land Use Map designation of the Township Master Plan.

Operational requirements.

Additional review standards.

Special land use.

This subsection applies only to the renewal of a special land use for extraction of sand, gravel and other minerals from the same location or locations as permitted under an existing special land use. Applications for permission to expand mineral removal operations beyond the location approved under an existing special land use shall comply with the procedure set forth in this section for the granting of a special land use.

Fees.

Enforcement.

It is not the intent of this special land use to suppress any activity protected by the First Amendment of the United States Constitution or the Michigan Constitution, but to enact a content-neutral ordinance which addresses the adverse secondary effects of sexually oriented businesses.

A sexually oriented business includes, but is not limited to, an adult bookstore or adult video store; an adult nightclub or cabaret, bar or restaurant; an adult motel; an adult motion-picture theater; and other establishments catering to adult patrons and which may involve the actual or depiction of specified anatomical areas and/or specified sexual activities, as those terms are commonly understood, or by means of video, motion pictures, photographic reproductions or other visual media, or in which a person or persons may appear in a state of nudity or in live performances that are characterized by the exposure of specified sexual activities or specified anatomical areas.

A sexually oriented business shall not be located or operated within 800 feet of another sexually oriented business, a church or other place of worship, a park, playground, school or licensed day-care facility, a dwelling or dwelling unit, or an agricultural or residential zoning district. For purposes of determining the above-stated distance, measurement shall be made by extending a straight line from the property line of the sexually oriented business to the nearest property line occupied by any other of the above-stated land uses or zone districts.

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

Alcoholic beverages of any type shall not be sold, consumed, or permitted on the premise of any sexually oriented business.

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

Hours of operation shall be limited to 10:00 a.m. to 10:00 p.m., Mondays through Saturdays.

All signs shall be in accordance with Article 25; provided, however, that no sign visible from the nearest adjoining road right-of-way or a neighboring property shall display or depict any specified anatomical areas or specified sexual activities.

All parking shall be in accordance with Article 27; provided, however, that all off-street parking areas shall be illuminated during all hours of operation of the sexually oriented business and until one hour after the business closes, such that the off-street parking areas are visible from the nearest adjoining road right-of-way.

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

In addition to the information and documents required to be submitted with an application for a special land use in accordance with the requirements of this article, an applicant for a special land use to establish a sexually oriented business shall submit the following:

A straight-line drawing depicting the property lines of the site of the sexually oriented business and the property lines of any other sexually oriented business, church or other house of worship, park, playground, school, licensed day-care facility, dwelling or dwelling unit or agricultural or residential zoning district within 800 feet of the nearest property line of the site on which the business will be located.

The special land use shall not be approved if the Planning Commission determines that one or more of the following is true:

The applicant or owner shall permit all representatives of the Township, the county and the State of Michigan to inspect the premises for the purpose of insuring compliance with this chapter, any county ordinance and applicable state law.

The following interior structural requirements shall be complied with:

The following requirements as to registration of managers, entertainers and employees shall be complied with:

The special land use shall not be located within 1,000 feet of any residential use.

The applicant shall submit a detailed site plan identifying any outdoor storage areas, outdoor display areas or other areas in which stone, brick or other such material may be cut, shaped or produced.

Any outdoor storage area shall be completely enclosed by a fence or wall of sufficient height to enclose and obscure the view of all materials stored. The fence or wall shall be of uniform appearance and it shall be continuously maintained in good condition.

The minimum lot area, minimum lot width, minimum street frontage and details of the means of access as to the use shall be as determined by the Planning Commission.

The cutting or breaking of stone or other activity generating substantial noise shall take place only at such time of day or in such location as not to have a serious adverse effect upon adjacent or nearby lands. Other aspects of the use shall be so arranged or accomplished as to avoid serious adverse effects on other lands or adjacent streets.

The temporary or seasonal storage of recreational vehicles or other motor vehicles in agricultural buildings may be permitted as stated in this section.

Only buildings existing on January 1, 1994, and originally used for agricultural purposes may qualify for storage use. Buildings constructed after January 1, 1994, shall not be used for this purpose.

The storage use shall be operated as an accessory use within the RR District solely by the owner or owners of the land where the building is located.

All storage shall take place only within a fully enclosed building.

Storage shall be permitted on a seasonal basis only, except that antique motor vehicles may be stored year round.

No repairs, maintenance or other work shall be permitted on any stored vehicles or equipment, except the property owner may repair or maintain his or her own equipment to the extent permitted in the zone district.

Any buildings used for such storage shall be located at least 15 feet away from any property line.

There shall be adequate off-street parking available for motor vehicles in connection with the transporting of the stored items to and from the property.

Any application for the special land use shall include information on whether gasoline or other fuel will be kept in the tanks of any stored vehicles or equipment and, if so, the application shall state the method to be used to safeguard the building from fire. A copy of the application shall be forwarded to the Township Fire Chief for review and comment.

The special land use, if approved, shall be granted for two years. Not sooner than six months prior to the expiration of the special land use permit, the owner may request, in writing, a renewal for a period of up to an additional two years. Successive renewals may be applied for in the same manner. Requests for renewal shall be submitted to, reviewed and decided by the Zoning Administrator, without public hearing or other proceedings by the Planning Commission. In considering the renewal request, the Zoning Administrator shall determine whether the conditions of this section and § 450-23.04 have been satisfied. In the discretion of the Zoning Administrator, any request for renewal may be referred for a decision by the Planning Commission, but without the need for public hearing.

Nothing in this section shall be deemed to prohibit storage by the property owner of his or her own equipment and/or vehicles under the terms of the zone district or other provisions whereby such storage is permitted.

Access driveways shall be of sufficient width so as to accommodate the transportation vehicles that will utilize the site.

Access driveways shall be so located and spaced that the trucks and other vehicles using the site may readily enter and exit the site without adverse traffic impacts or hazardous conditions.

Any trucks and trailers to be parked overnight on the site shall be set back from the front lot line at least 100 feet.

The principal building and any accessory buildings and structures shall be located at least 200 feet away from any residential use or residential district.

There shall be sufficient off-street parking area so as to accommodate the trucks and other transportation vehicles utilizing the site.

The off-street parking area shall be graded and drained so as to dispose of all surface water in a safe and effective manner without causing ponding or adverse impacts upon other lands or the public streets.

Buffering, greenbelts or other protective measures may be required so as to avoid serious adverse effects upon other lands.

Any vehicles or equipment stored outside of an enclosed building shall not be located within any required yard.

No outside storage shall be permitted. However, licensed inoperable vehicles may be stored out of doors within an area and at a location approved by the Planning Commission and, if required, within a fully enclosing fence.

The Planning Commission shall determine the minimum lot area, minimum lot width and minimum street frontage for the use.

All buildings and structures shall comply with the minimum setback requirements of the zone district in which the use is located or they shall have such further setback as may be required by the Planning Commission in its approval of the special land use.

Any outdoor animal holding area shall be enclosed by a wall or a fence of a height sufficient to contain animals within the holding area.

All kennels, pens and other areas for the confinement of animals shall be located at least 200 feet from a front property line and at least 50 feet away from a side or rear property line.

In approving the special land use, the Planning Commission may include terms and conditions for the purpose of avoiding or moderating any adverse effects of the use on adjacent or nearby lands.

The Planning Commission shall determine the minimum lot area, minimum lot width, minimum street frontage and minimum required principal building setbacks for the special land use.

Outside storage shall not be permitted.

No toxic, hazardous, flammable or explosive materials shall be stored in a warehouse building or otherwise be permitted on the site.

The site shall provide such length for driveways so that there shall be sufficient stacking capacity for motor vehicles making deliveries to the site or removing stored goods or materials from the site.

Screening and buffering of the use from other lands may be required.

This special land use does not include mini warehouses or self-storage warehouse facilities, both of which are addressed elsewhere in this chapter.

This special land use authorizes wind energy conversion systems (WECS) that exceed 60 feet in height. A WECS that is 60 feet or less in height is regulated under § 450-3.30.

Definitions. As used in this section, the following terms shall have the meanings indicated:

On-site service WECS general requirements.

Ground-mounted on-site service WECS.

Building-mounted on-site service WECS.

Discretionary conditions. The Planning Commission may impose other terms and conditions regulating the construction, installation, use, maintenance, repair and removal of any WECS authorized by the terms of this section. Such other terms and conditions may include, though are not limited to, the following:

Purpose and intent.

Zoning districts and limitations for wireless communications facilities. Wireless communications facilities may be located within the Township in accordance with the table set forth below, provided the location is consistent with the master plan prepared for wireless communications facilities in the Township.

Application requirements. The following information shall be provided with the application, in addition to other submittal requirements for site plan, as required in Article 22.

Review standards applicable to all facilities. All wireless communications facilities shall be constructed and maintained in accordance with the following standards:

Discretionary conditions. The Planning Commission, in its reasonable discretion, may impose other terms and conditions regulating the construction, installation, use, maintenance, repair and removal of any wireless communications facility. Other terms and conditions may address matters such as:

Removal. As a condition of every approval of a wireless communications facility, adequate provision shall be made for its removal. Documentation (such as signed lease, deed, or land contract restrictions) shall be provided to the Township which demonstrates that the applicant is required to remove the tower and associated facilities upon cessation of its operations.

Co-location.

Modification of standards and requirements. The Planning Commission may permit a modification of the standards of this section where it is determined that the modification would be consistent with the intent and purpose of this section, and where it is determined that the modification will not have a serious, adverse effect upon neighboring properties or otherwise impair the health, safety, and welfare of Township residents.

Amateur radio communications. The provisions of this subsection shall apply to towers and antennas owned and operated by a federally licensed amateur radio operator and used solely for amateur radio communication purposes, but shall not be applied so as to preclude the construction and operation of an antenna or tower for amateur radio communication purposes. If the provisions of this section prohibit the construction of a particular amateur radio communications antenna or tower, the Township shall nevertheless reasonably accommodate the proposed operator's amateur radio communications by considering other feasible designs, locations, methods of accessing repeater systems or the use of existing structures as an alternative to the operator's desired amateur radio communications antenna or tower. In any event, the Township's regulations with respect to amateur radio communications shall be only the minimum practicable provisions to accomplish the Township's legitimate governmental purposes.