(a)

Intent. In contrast to the clear cut, objective process desired for most zoning decisions, the special use permit process is intended to be at least partly subjective. It relies upon the judgment of the planning commissioners, the sincerity of the applicant, and the opinions or feelings of people who live or own property near the site of a proposed special use. Special uses designated for a particular zoning district are generally complementary to the uses by right. However, they have unique characteristics or more intensive natures, requiring special consideration of their effects on adjacent properties and the community as a whole.

(b)

Purpose. This article provides procedures and standards for regulating activities identified as "special uses" for each zoning district in the uses table found in article III of this chapter. Special uses represent a middle range between uses that are clearly permitted and uses that are clearly denied in any zoning district. The purpose of designating special uses is to allow practical latitude for a property owner or developer to use a parcel of land while maintaining protection of the health, safety, comfort, convenience and general welfare of neighbors and the community at large.

(c)

Precaution. The right to establish a special use is granted or denied by the planning commission when it determines that an applicant has met all requirements for said use, following the process outlined in this article. No person has an automatic right to establish a special use except by compliance with all requirements defined herein and any conditions attached by the planning commission to assure said compliance.

(d)

Special use permit process. The special use permit process includes notification of nearby residents and property owners who may voice opinions and objections at a public hearing before the decision to grant a special use permit is made. Since special uses generally impose physical, visual or psychological impacts on neighboring parcels, the input of neighboring residents or property owners is a legitimate factor for the planning commission to include when defining conditions, which must be met by a special use. Locations where neighbors are more sensitive require greater care than others. Therefore, more stringent conditions may be required for a certain special use in one place than for the same special use in another place. All parties shall note, however, that compliance with all standards and conditions prescribed herein does entitle an applicant to special use permit approval, as specified by state law.

(Ord. of 5-30-2000, § 701)

(a)

Application and public notice. An application for a special use permit consists of a completed application form, including a site plan, and a fee as established by the township board. Said material must be submitted to the township. A notice of public hearing meeting shall be made as required by section 502 of Public Act No. 110 of 2006 (MCL 125.3502).

(b)

Planning commission review and hearing. The special use permit application shall be the subject of both a site plan review and a public hearing conducted by the planning commission before it decides whether a special use permit can be issued. The Open Meetings Act requires properly noticed meetings, open to all members of the public, for all facets of this process.

(1)

Site plan review. The township staff and planning commission shall conduct a site plan review for the proposed special use. However, the public hearing shall be conducted before any decision is made. The site plan review process is intended to be an objective review of the facts to determine whether all standards have been met.

a.

Standards. The site plan review determines compliance with all applicable standards from the district regulations in article III of this chapter, the site plan review standards in section 66-280, and all special use standards. These represent minimum requirements and may be reduced only if the zoning board of appeals grants a variance.

b.

Conditions. After receiving input from the township staff and the public, the planning commission may attach additional conditions to ensure fulfillment of the intent, purpose and objectives of this chapter.

1.

Said conditions may relate to design or operational characteristics of the proposed special use and must be based on examples of regulations found elsewhere in this chapter.

2.

All conditions attached to a site plan approval are also conditions of any resulting special use permit.

3.

Each condition, and the reasoning behind it, must be documented in the planning commission's minutes, a copy of which shall be provided to the applicant.

4.

Breach of any condition may be cause for the planning commission to revoke the special use permit.

(2)

Public hearing. The planning commission shall hold a public hearing on the special use permit application considering issues relating to both the site plan and the special use permit.

(3)

Consideration of site plan approval. After the public hearing, the planning commission shall consider a motion for approval, conditional approval, or denial of the site plan for said special use. If further information is required for site plan approval, said decision may be set aside to a specific date when the planning commission will consider the application further. A special use may be established only in accordance with an approved site plan.

(4)

Consideration of special use permit approval. After reviewing the site plan, the planning commission shall consider a motion for approval, conditional approval, or denial of the special use permit. If further information is required, the planning commission may set aside the decision to a specific date.

a.

If site plan is denied. If the site plan is denied, consideration of the special use permit may still occur. A special use permit may still be approved with the condition that site plan approval must be obtained before any approval is issued.

b.

Requested postponement of use permit. Alternatively, the applicant may ask for consideration of the special use permit to be postponed. However, such a postponement would require another public notice and hearing, site plan review, and payment of an additional processing fee.

(c)

Issuance of permit. Upon planning commission approval of a site plan and special use approval, the zoning administrator shall issue a special use permit for the proposed special use within three working days.

(d)

Reapplication. If an application for a special use permit is denied by the planning commission, it may not be re-submitted until one year after the denial.

(e)

Simultaneous consideration of rezoning and special use permit. If an application requires both a change in the parcel's zoning district designation and a special use permit, both issues may be considered at a single planning commission meeting, subject to the following requirements:

(1)

Separate consideration. The rezoning shall be considered first. Consideration of the special use permit shall begin only after a recommendation has been made on the rezoning. Since the final rezoning decision is made by the township board, the applicant may ask the planning commission to continue with the special use permit process, even if their recommendation is not to rezone.

(2)

Procedures. The chapter procedures for each decision shall be followed as specified. Deliberations on the rezoning should take into account all permitted uses in the proposed zoning district. Deliberations on the special use permit should presume that a rezoning can be approved, and concentrate on the use and site plan at hand. However, any special use permit approval must be conditioned upon township board approval of the rezoning.

(3)

Standards. All standards required by this chapter shall be observed for each action.

(4)

Public hearings. The public must be given the opportunity for input on each decision. The meeting notice should reflect that two separate public hearings will be held at the same meeting.

(f)

Enforcement of conditions; violations. A special use permit is a privilege, subject to all standards and conditions that relate to it through the special use permit review process, as described above. Except as in the case of a lapse of permit, the special use permit is valid as long as all standards and conditions are met. If any special use permit standards or conditions are violated, the planning commission and zoning administrator shall enforce compliance with them as follows:

(1)

First notice.

a.

Whenever a violation of special use permit standards or conditions comes to the attention of the zoning administrator, he shall send written notice of the violation to the special use permit holder by certified mail.

b.

The notice shall identify all standards or conditions of the special use permit and the nature of the violation and shall state that if correction is not made within 30 days, the special use permit will be revoked, and said use will be ordered to cease.

(2)

Considered nonconforming until in compliance.

a.

After the notice of violation is issued, and until compliance with all special use permit standards and conditions is restored, the use in question shall be treated as an unacceptable nonconforming use.

b.

Actions specified by the regulation of nonconformities table shall be taken whenever they apply.

(3)

Second notice and order.

a.

If compliance with said requirements is not restored before expiration of the 30-day notice period, the zoning administrator shall notify the permit holder by certified mail that their special use permit is revoked, and shall order the use for which said permit was granted to cease within 30 days, regarding enforcement of this chapter.

b.

Failure to comply with special use permit conditions, as evidenced by revocation of said special use permit, is a violation of this chapter and is subject to all penalties thereof. Further enforcement action, if necessary, shall be pursued.

(4)

Planning commission notification. The zoning administrator shall notify the planning commission of the violation of special use permit conditions, and any resultant action, at its next meeting.

(g)

Record maintained. The zoning administrator shall maintain a list of all special use permits issued under this chapter.

(Ord. of 5-30-2000, § 702)

(a)

Nature of special use permit. A permit shall specify the special use to be allowed on the parcel and list any conditions attached by the planning commission.

(b)

Permanence. Once a special use is established, and as long as it is continuously maintained, the approval for said special use is permanent and "runs with the land." It is one of the rights that may be transferred when a parcel is rented or sold. This approval may be revoked only if the special use permit's conditions are violated.

(c)

Circumstances causing invalidity or expiration. A permit for a special use is valid only as specified in this chapter and will become void if the use is not established within one year. Further, if an established special use is discontinued for a period of one year, the special use permit for said use shall expire. To reestablish the use after such expiration requires a new special use permit, starting with a new application.

(Ord. of 5-30-2000, § 703)

The following table summarizes the types of special uses and where the regulations for each can be found in this chapter:

TABLE OF SPECIAL USE PERMIT STANDARDS

(Ord. of 5-30-2000, § 704)

(a)

Intent. In the development and execution of this chapter, it is recognized that there are some uses, which because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances thereby having deleterious effects upon the adjacent areas. Special regulation of these uses is necessary to insure that these adverse affects will not contribute to blighting or downgrade the surrounding neighborhood. These special regulations are itemized in this section. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area or next to residential zones or certain institutional uses.

(b)

Distance restrictions.

(1)

Uses not permitted within 1,500 feet of each other. The following listed uses shall not be permitted to be established within 1,500 feet of each other:

a.

Adult related businesses;

b.

Adult book stores;

c.

Adult motion picture theaters;

d.

Adult mini motion picture theaters;

e.

Exotic cabarets;

f.

Massage parlors;

g.

Public baths;

h.

Taxi dance halls.

(2)

Additional distance limitations for adult related businesses. It shall be unlawful to hereafter establish an adult related business within 1,500 feet of any residentially zoned property or within 1,500 feet of any religious or educational institution, public park or recreational land use.

(c)

Signs and exterior display.

(1)

No specific displays of examples of adult uses. Window displays, signs, decorative or structural elements of buildings shall not include or convey specific examples of actual adult uses, and are limited to the signage provisions stated in article V of this chapter.

(2)

No public observation of adult uses. No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to "specific sexual activities" or "specified anatomical areas" (as defined in this chapter) from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window, structural elements or other opening.

(d)

Precautionary note to the zoning board of appeals. When considering any appeal from an adults-only business for reduction of spacing or separation standards established herein, the zoning board of appeals shall address each of the following issues and include the findings regarding each point in their minutes.

(1)

Chapter intent. The proposed use shall not be contrary to the intent and purpose of this chapter, or injurious to nearby properties.

(2)

Blighting influence. The proposed use shall not enlarge or encourage the development of a concentration of such uses or blighting influences.

(3)

Neighborhood conservation. The proposed use shall not be contrary to any program of neighborhood conservation, revitalization or urban renewal.

(4)

Other standards. The proposed use and its principal building shall comply with all other regulations and standards of this chapter.

(Ord. of 5-30-2000, § 705)

(a)

Standards. Standards in this section shall apply to all of the uses in subsection (b) of this section in zoning districts where they are identified as special uses in the uses table in article III of this chapter.

(b)

Uses. These uses are; gas sales, auto sales, minor vehicle repair, and major vehicle repair. Automobile related facilities are categorized according to the primary service performed. A primary service is one that comprises 50 percent or more of the vehicular traffic of the establishment. Definitions of these functions are provided in article II of this chapter, definitions.

(1)

Site location. The proposed site shall have at least one property line on a major or minor thoroughfare.

(2)

Parcel size. A minimum parcel size of 15,000 square feet with a minimum of 150 feet in frontage is required.

(3)

Building setback. The service station buildings, canopies, pump islands, and service drives shall conform to the yard requirements for the district in which it is located, but shall in no case be closer than 50 feet to any property line of a residential district or use unless separated by a public street.

(4)

Hydraulic hoists, pits. Hydraulic hoists, pits and all lubrication, greasing automobile washing, and repair equipment shall be entirely enclosed within a building.

(5)

Access drives. No more than two driveway approaches shall be permitted directly from any major or minor thoroughfare nor more than one driveway approach from any minor street, each of which shall not exceed 35 feet in width at the property line. In no case shall a service station have more than two drives. If the service station or permitted building site fronts on two or more streets, the driveways shall be located as far from the street intersection as practical, but no less than 50 feet.

(6)

Adjoining property lines. No driveway or curb cut for a driveway shall be located within ten feet of an adjoining property line and shall be no less than 25 feet from any adjacent lot within an R-district as extended to the curb or edge of the pavement.

(7)

Curbing and paving. The entire service area defined as the pump island shall be paved with a permanent surface of concrete. The balance of the site shall be paved with asphalt or concrete according to the approved site plan. A raised curb at least seven inches in height shall be installed along the perimeter of all paved areas including street access drives.

(8)

Fencing. A solid fence or wall four feet in height shall be erected along all property lines abutting any lot within a residential district.

(9)

Major vehicle repair in the B-3 district. Major vehicle repair is allowed in the B-3 district. All outside storage is screened from adjacent less intensive uses. No more than 15 vehicles may be stored outside for the first 15,000 square feet, an additional vehicle allowed for each additional 1,000 square feet and must be screened. Storage shall be paved as specified in subsection 66-167(c)(2).

(Ord. of 5-30-2000, § 706; Ord. No. 2024-06, § I, 10-28-2024)

(a)

Authorization. Due to the growing popularity of bed and breakfast establishments in single-family dwellings, it is of evermore importance that any potentially adverse impacts resulting from such developments be properly addressed. It is the intent of the township to permit the development of such operations when developed in a way that protects the single-family character of any site proposed for a bed and breakfast operation.

(b)

Parcel size. A minimum of 80 feet in parcel width is required.

(c)

Uses that may be permitted. Bed and breakfast establishments where provided and as permitted under the appropriate zoning district.

(d)

Development requirements. The following requirements for site development, together with any other applicable requirements of this chapter, shall be complied with:

(1)

The residence is the principal single-family detached dwelling unit on the property and is owner-occupied at all times.

(2)

The rooms utilized for the sleeping area part of the primary residential use and not specifically constructed or significantly remodeled or altered for rental purposes.

(3)

The maximum stay for any occupants of bed and breakfast operations shall be 14 days.

(4)

Paved parking shall be provided at a ratio of spaces to bedrooms as set by the zoning administrator.

(5)

Occupancy of any bed and breakfast operation is limited to five or fewer guests, and the use is further limited to not more than two rental sleeping rooms.

(6)

Each operator shall keep a list of names of all persons staying at the bed and breakfast operation. Such list shall be available for inspection by township officials at any time.

(7)

Breakfast is the only meal that may be served to overnight bed and breakfast guests, and this meal shall comply with restrictions of the state and county health departments for nonresidential uses. There shall be no separate cooking facilities for use by the bed and breakfast guests.

(8)

One sign identifying the bed and breakfast operations not to exceed two square feet in area shall be permitted.

(9)

No premises shall be utilized for a bed and breakfast operation unless there are at least two marked and signed exits to the outdoors from such premises.

(10)

Bed and breakfast operations shall not be permitted on any premises where there exists any violation of a township chapter or in any building or on any parcel of land, which does not conform to the requirements of this chapter and adopted construction codes.

(11)

No bed and breakfast operation shall be established without prior approval by the planning commission, in accordance with the special use permit requirements of article VII of this chapter. Two sets of floor plans of the establishment, drawn to a scale of not less than one-eighth inch equals one foot shall also be submitted to the zoning administrator. One set shall remain on file in the township offices, and one set shall be filed with the fire department.

(Ord. of 5-30-2000, § 707)

(a)

Location. Carwashes must be located on an arterial or collector road, street or highway.

(b)

Drainage. Adequate provisions shall be made to keep all water from washing operations on the site. Where mechanical or manual drying is not done, a mechanical device shall be provided to ensure that each vehicle shall wait on the site a minimum of 60 seconds following the end of each washing operation.

(c)

Off-street vehicle waiting area. A vehicle waiting area shall be provided on the site which will accommodate a number of vehicles, under actual operating conditions, equal to 50 percent of the maximum hourly capacity of the washing facility. In determining the number of vehicle waiting spaces available to meet requirements, the number of vehicles normally accommodated within the building can be counted.

(d)

Building exit. The building exit shall be no closer than 230 feet to the nearest street intersection, measured according to how a vehicle would be forced to travel. If there is a drying operation associated with the carwash, either mechanical or hand operated, no minimum footage from a street intersection is required.

(Ord. of 5-30-2000, § 708)

(a)

Site location. The proposed site shall front upon a major or minor arterial or principal collector as classified on the adopted street plan. All ingress and egress to the site shall be directly from said thoroughfare.

(b)

Parcel size. The minimum parcel size is 1½ acres, with a minimum frontage of 150 feet.

(c)

Yards. Yard requirements are 20 feet for the front yard and 40 feet from any R-1, R-2 or R-3 zoning district. All yards shall be appropriately landscaped with trees, shrubs, and grass. No structure or parking areas shall be permitted in said yards, except that rear yards may be used for parking purposes, under the requirements specified and except for required entrance drives and those walls and/or fences used to obscure the use from abutting residential districts.

(Ord. of 5-30-2000, § 709)

(a)

Purpose and goals.

(1)

Locations. Provide a range of locations for wireless communication facilities in a variety of zones;

(2)

Performance standards. Provide clear performance standards addressing the siting of wireless communication facilities;

(3)

Facilities. Encourage the location of wireless communication facilities on existing structures, including utility poles, signs, water towers, buildings and other wireless communication facilities where feasible;

(4)

Collocation and site sharing. Encourage collocation and site sharing of new existing wireless communication facilities;

(5)

Public property and structure for use. Facilitate the use of public property and structures for wireless communication facilities;

(6)

Enhance services. Enhance the ability of providers of telecommunication services to provide such service to the community quickly, effectively and efficiently.

(b)

Applicability.

(1)

Exclusion for amateur radio, television antennas and disks. This chapter shall not govern the installation of any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively to receive only television and satellite signals.

(2)

Relationship to other codes and chapters. This chapter shall supersede all conflicting requirements of other codes and chapters regarding the locating and permitting of wireless communication facilities.

(c)

Engineering standards.

(1)

Construction plans for both attached and unattached towers shall be prepared and certified by a registered structural engineer.

(2)

The application must include a certification by a registered structural engineer that the installation is in compliance with all applicable codes and meets all structural engineering standards.

(d)

Development minimum standards.

^(a) Attached wireless communication facilities in any zone are limited in height to 20 feet from the top of the attachment structure. In the A-1, B-1, B-2, B-3 zones, 15 additional feet in height shall be allowed for each additional array up to a maximum total tower height of 300 feet.

^(b) The antenna array for an attached wireless communication facilities is exempt from the setback requirements of this section and from the setbacks for the zone in which they are located, provided, no such antenna array shall extend more than five feet horizontally from the attached structure. All equipment facilities shall meet the setback requirements for buildings for the underlying zone in which they are located.

(1)

Existing towers and placement of proposed tower. A proposed tower will not be allowed to be placed within 5,000 feet of an existing tower.

(2)

Landscaping and screening.

a.

Wireless communication facilities shall be landscaped in accordance with the landscape requirements established by the planning commission except that the antenna array for an attached wireless communication facility is exempt.

b.

Existing mature tree growth and natural land forms on the site shall be preserved to the extent feasible; provided, however, that vegetation that causes interference with the antennas or inhibits access to the equipment facility may be trimmed.

c.

Existing vegetation on site may be used in lieu of required landscaping where approved by the planning commission.

(3)

Aesthetics/placement, materials and colors.

a.

Attached wireless communication facilities, which are significantly visible to the adjacent residences, shall be designed so as to blend in with the existing structure to the extent feasible, including placement in a location that is consistent with proper functioning of the wireless communication facility, and the use of compatible or neutral colors.

b.

Attached wireless communication facilities, which are significantly visible to the adjacent residences, which have aesthetic impacts that are not able to be reasonably mitigated by placement and color solutions, can be required to be screened in a reasonable and achievable manner.

c.

Wireless communication facilities with support structures shall be designed so as to blend in with the existing surroundings to the extent feasible, including the use of compatible colors.

d.

Equipment facilities shall, to the extent practicable, use materials, colors and textures that will blend with the natural setting and built environment.

(4)

Lighting. Wireless communication facilities shall not be artificially lighted, except for security and safety lighting of equipment buildings if such lighting is appropriately down shielded to keep light within the boundaries of the site; and such lighting of the wireless communication facilities as may be required by the federal aviation administration or other applicable authority installed in a manner to minimize impacts on adjacent residences.

(5)

Security fencing. Wireless communication facilities with support structures shall be enclosed by a security fence not less than six feet in height and the support structure shall be equipped with an appropriate anti-climbing device; provided, however, that the planning commission may waive such requirements, as it deems appropriate; however, nothing herein shall prevent security fencing which is necessary to meet other requirements of state or federal agencies.

(6)

Radio frequency emissions.

a.

The Federal Telecommunications Act of 1996 (FTA) gives the federal communication commission (FCC) sole jurisdiction of the field of regulation of radio frequency (RF) emissions and wireless communication facilities which meet the FCC standards shall not be conditioned or denied on the basis of RF impacts.

b.

Applicants for wireless communication facilities shall be required to provide information on the projected density of the facility and how this meets the FCC standards.

(e)

Shared facilities and collocation facilitating location on public property.

(1)

Sharing facilities with other utilities. FCC licensed wireless communication providers are encouraged to construct and site their wireless communication facilities with a view towards sharing facilities with other utilities, to collocation with other existing wireless communication facilities and to accommodate additional wireless communication facilities, where technically, practically, and economically feasible.

(2)

Publicly owned property for facilities. The township will work with the telecommunications providers to facilitate the siting of wireless communication facilities on publicly owned property, by identifying existing facilities, the appropriate contact persons, and the appropriate procedures.

(3)

Collocation site acceptable to standards. FCC licensed wireless communication providers proposing a new wireless communication facility with a support structure shall demonstrate that it made a reasonable attempt to find a collocation site acceptable to engineering standards and that none was practically or economically feasible.

(f)

Removal of abandoned wireless communication facilities.

(1)

Abandonment and removal requirements. Any wireless communication facility that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such wireless communication facility shall remove same within 90 days of notice to the township that the wireless communication facilities is abandoned.

(2)

Removal expense. If such wireless communication facility is not removed within said 90 days, the township may remove such wireless communication facility at the owner's expense.

(3)

Two or more users. If there are two or more users of a single wireless communication facility, then this provision shall not become effective until all users cease using the wireless communication facility.

(g)

Nonconforming wireless communication facilities. Wireless communication facilities in existence on the date of the adoption of the ordinance from which the chapter is derived, which do not comply with the requirements of this chapter (nonconforming wireless communication facilities) are subject to the following procedures:

(1)

No expansion without complying with current requirements. Nonconforming wireless communication facilities may continue in use for the purpose now used, but may not be expanded without complying with this chapter.

(2)

Addition of antenna to existing facilities. Nonconforming wireless communication facilities may add additional antenna (belonging to the same carrier or other carriers) subject to approval by the planning commission.

(3)

Repair and restoration of existing facilities. Nonconforming wireless communication facilities, which are hereafter damaged or destroyed due to any reason or cause, may be repaired and restored to their former use, location and physical dimensions subject to obtaining a building permit therefor, but without complying with this chapter.

(4)

Repairing, replacing, rebuilding and/or expanding on existing facility to improve structural integrity. The owner of any nonconforming wireless communication facility may replace, repair, rebuild and/or expand such wireless communication facility in order to improve the structural integrity of the facility, to allow the facility to accommodate collocated antennas or facilities, or to upgrade the facilities to current engineering, technological or communications standards, without having to conform to the provisions of this chapter, so long as such facilities are not increased in height by more than ten percent and/or setbacks are not decreased by more than ten percent, provided, however, they shall not exceed the standard set forth in subsection 66-203(d).

(h)

Modifications to existing facilities, which meet the requirements of this chapter.

(1)

Minor modifications. Minor modifications to wireless communication facilities permitted under this chapter may be approved by the building inspector as follows: The addition of no more than two antenna arrays to any existing wireless communication facility, so long as the addition of the antenna arrays add no more than 20 feet in height to the wireless communication facility; an increase in height of support structure which is no greater than ten percent, and a decrease in setbacks by no more than ten percent, section 66-203. Collocations of up to one antenna array shall be considered a minor modification, provided however no change shall result in exceeding the standards set forth in subsection (d) of this section.

(2)

Major modifications. Major modifications to wireless communication facilities permitted under this chapter shall be approved by the township planning commission.

(Ord. of 5-30-2000, § 710)

(a)

Standards. Standards in this section shall apply to all of the following uses in zoning districts where they are identified as special uses in the uses table in article III of this chapter.

(b)

Uses. These uses are:

(1)

Blast or steel furnaces;

(2)

Smelting, petroleum or inflammable liquids production;

(3)

Refining, storage, junkyard;

(4)

Type II or type III landfill;

(5)

Incinerator; and

(6)

Sewage treatment and disposal facility.

(c)

Applicability of state statutes; preventing injury. All uses shall be established and maintained in accordance with all applicable state statutes. If any of the requirements of this subsection are less than those in applicable state statutes, the state requirements shall prevail. All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property and individual, or to the community in general.

(d)

Location. All uses in this category must be located on an arterial or collector road, street or highway.

(e)

Parcel size. The minimum parcel size is 20 acres with a 750-foot minimum parcel width.

(f)

Yards. The minimum front yard requirement is 200 feet. In addition to the yard requirements in the district regulations, all buildings must be set back a minimum of 200 feet from any R-1, R-2, or R-3 zoning district.

(g)

Tree buffers for landfills and junkyards. Buffers of tree cover shall be provided on the periphery of the property. The buffer shall be no less than 50 feet in width, and may be natural vegetation or planted evergreens if the existing cover is destroyed.

(h)

No hazardous or toxic waste. No hazardous or toxic wastes, as defined by the department of natural resources, may be deposited or stored by any use in this group.

(i)

Truck access. Routes for truck movement to and from the site shall be identified by the Saginaw County Road Commission. Wear on public roads, traffic hazards, and encroachment of noise, dust, and other nuisances upon adjacent uses must be considered.

(j)

Activity restrictions. No open burning shall be permitted and all industrial processes involving the use of equipment for cutting, compressing (other than landfill compaction operations), or packaging shall be conducted within a completely enclosed building.

(k)

Fence requirements.

(1)

Around landfill or incinerator.

a.

Berms and fences shall be constructed around any landfill or incinerator as required by the regulations promulgated for waste facilities.

b.

The berms and fences shall be placed on the interior of the vegetated buffers mentioned above and shall not decrease their width.

c.

Fences shall have a gate entrance, which can be locked during hours when no operation is taking place.

(2)

Around junkyard or resource recovery.

a.

A solid fence or wall at least eight feet in height shall be provided around the active area of a junk yard or resource recovery operation to screen said activity from surrounding property.

b.

Such fence or wall shall be of sound construction, painted, or otherwise finished neatly and inconspicuously. All activities shall be confined within the fenced-in area.

c.

There shall be no stacking of material above the height of the fence or wall, except that moveable equipment used on the site may exceed the wall or fence height.

d.

No equipment, material, signs, or lighting shall be used or stored outside the fenced-in area.

e.

Aesthetic and structural qualities of fencing shall be regulated by the planning commission at the time of site plan review.

(3)

Around sewage treatment or disposal facility. All operations shall be completely enclosed by a wire link fence not less than six feet high.

(l)

Restoration of landfill sites. Grading or reseeding upon completion of operations in a portion of a landfill site is required. Each used portion of the site must be restored with topsoil, graded and revegetated to promote proper drainage. The restoration shall eliminate all hazards and shall be blended to the general surrounding ground form.

(Ord. of 5-30-2000, § 711)

(a)

Permitted uses in industrial park. Uses primarily engaged in research and light manufacturing activities.

(1)

Uses are allowed that do not have or create external noise, light, or effluents. Uses that meet these requirements are at the determination of the planning commission.

(2)

Distribution and warehousing plants.

(3)

Administrative professional and business offices associated with and accessory to a permitted use.

(4)

Cafeteria, cafe, restaurant or auditorium accessory with and incidental to any of the foregoing uses.

(5)

Agricultural uses, pending development.

(b)

Development standards; setbacks. No building shall be located on any one or more lots nearer to the front lot line or nearer to the side lot line than the minimum setback set forth below:

(1)

Front yard setback. Twenty feet, except that unsupported roofs or sun screens may project six feet into the setback area.

(2)

Side yard setback. Ten feet provided that if a single building is constructed on two or more lots. No fences shall be constructed within the required side yard.

(3)

Rear yard setback. No rear yard setback is required except where a lot abuts a residential district the rear yard shall be 40 feet.

(c)

Site coverage. Maximum building coverage of 50 percent of a site is allowed. Parking structures shall not be calculated as a building area; however, said structures shall be used only for the parking of company vehicles, employee's vehicles, or vehicles belonging to persons visiting the subject firm.

(d)

Building height. The maximum building height shall be 45 feet.

(e)

Buildings per lot. One building, other than a parking structure shall be erected on any one lot, unless the erection and use of more or less than one building or any one lot is specifically approved and consented to by the township in writing.

(f)

Building construction and materials.

(1)

All buildings shall create a credible and acceptable appearance on all four sides.

(2)

Buildings, including ancillary buildings, shall be constructed of a material other than unfinished galvanized steel or sheet aluminum for exterior walls.

(3)

All appurtenant equipment, including roof mounted units, shall be screened from view from any public street. At least 35 percent of the wall area on the front of the building shall be of facing brick, stone, exposed aggregate or of other architectural masonry of equal standard.

(4)

The owner shall take appropriate measures to minimize dust, stormwater runoff, and construction debris during construction and shall be prohibited from allowing construction activities from injuring other properties.

(g)

Signs. No sign shall be erected or maintained on the park except in conformity with the following:

(1)

Signs visible from the exterior of any building may be lighted, but no signs or any other contrivance shall be devised or constructed as to rotate, gyrate, blink or move in any animated fashion.

(2)

Signs shall be restricted to advertising only the person, firm, company or corporation operating the use conducted on the site or the products produced or sold thereon.

(3)

All signs attached to the building shall be flush mounted.

(4)

Only one single-faced or double-faced sign shall be permitted per street frontage. No sign or combination of signs shall exceed one square foot in area for each 600 square feet of total site area. However, no sign shall exceed 200 square feet in area per face. An additional 20 square feet shall be allowed for each additional business conducted on the site.

(5)

A sign advertising the sale, lease, or hire of the site shall be permitted in addition to the other signs listed in this section. Said sign shall not exceed maximum area of 32 square feet.

(6)

No ground signs shall exceed six feet above grade in vertical height. Also, ground signs in excess of 100 square feet in area (single face) shall not be erected in the first 20 feet, as measured from the property line, of any street side set back area. However, the above standards shall not apply to the community directional sign, special purpose sign, construction sign.

(7)

Wall signs shall be fixture signs; signs painted directly on the surface of the wall shall not be permitted.

(8)

A wall sign with the individual letters applied directly shall be measured by a rectangle around the outside of the lettering and/or the pictorial symbol and calculating the area closed by such line.

(9)

One construction sign denoting the architects, engineers, contractor, and other related subjects, shall be permitted upon the commencement of construction. Said sign shall conform to applicable zoning regulations.

(10)

A future tenant identification sign listing the name of future tenants, responsible agent or realtor, and identification of the industrial park shall be permitted.

(11)

Special purpose signs, used to give directions to traffic or pedestrians or give instructions as to special conditions, and community directional and/or identification signs, used to give directions to and identify areas within the industrial park, shall be in conformity with applicable zoning regulations.

(h)

Parking. Each owner of a parcel shall provide adequate off-street parking to accommodate all parking needs for the parcel. Required off-street parking shall be provided on the parcel of the use served, or on a contiguous parcel or within 800 feet of the subject parcel.

(1)

Exceptions to these guidelines shall be made where an approved ridesharing program to service the industrial park is implemented.

(2)

The following guide shall be used to determine parking requirements: Office, manufacture, research and assembly: one space for each fulltime employee (per shift) and one space per 2,000 square feet of total office space (excluding such areas as pedestrian corridors, restrooms, elevator shafts, equipment areas). Warehouse: one parking space for each fulltime employee (per shift).

(i)

Landscaping. The front yard setback area of each site shall be landscaped with an effective combination of street trees, trees, ground cover and shrubbery. All unpaved areas not utilized for parking shall be landscaped in a similar manner. The entire area between the right-of-way and a point ten feet in back of the front property line shall be landscaped, except for any access driveway in said area.

(1)

Side and rear yard setback areas not used for parking or storage shall be landscaped utilizing ground cover and/or shrub and tree materials.

(2)

Undeveloped areas proposed for future expansion shall be maintained in a weed-free condition.

(j)

Loading areas. No loading shall be allowed which is visible from adjacent streets. Street side loading shall be allowed provided the loading dock is set back a minimum of 70 feet from the street right-of-way line, or 110 feet from the street centerline, whichever is greater. Said loading area must be screened from view from adjacent streets.

(k)

Storage areas. No outdoor storage shall be allowed.

(l)

Refuse collection areas. All outdoor refuse collection areas shall be visually screened from access streets, freeways, and adjacent property by a complete opaque screen made of materials compatible with the buildings materials used in the principal structure. No refuse collection areas shall be permitted between a frontage street and building line.

(m)

Lighting. All employee, public and loading entrances shall be lighted. Lights shall be deflected in such a way as to not create a traffic hazard.

(n)

Telephone and electrical service. All on-site electrical lines and telephone lines shall be placed underground. Transformer or terminal equipment shall be visually screened from view streets and adjacent properties.

(o)

Nuisances. No portion of the park shall be used in such a manner as to create a nuisance to adjacent sites, such as but not limited to vibration, sound, electro-mechanical disturbance, radiation, air or water pollution, dust emission of odorous, toxic or noxious matter. The result of every action or omission whereby any restriction or covenant in this document is violated in whole or in part is hereby declared to be a nuisance.

(Ord. of 5-30-2000, § 712)

(a)

Standards and uses.

(1)

Standards in this section shall apply to all of the following uses in zoning districts where they are identified as special uses in the uses table in article III of this chapter.

(2)

These uses are:

a.

Religious, social, educational, incarceration institutions, kennels and veterinary hospitals.

b.

If a veterinary hospital has outdoor boarding or exercise facilities it must meet the regulations of a kennel, mixed single-family residential and educational uses.

(b)

Site location principles.

(1)

It is desirable that any institutional structure or use to be located within a residential district should be located at the edge of a residential district, abutting either a business or industrial district or adjacent to public open space.

(2)

Motor vehicle entrances should be made on a major thoroughfare, or as immediately accessible from a major thoroughfare. This is to avoid the impact of traffic generated by the institutional use upon the residential area.

(3)

Site locations that offer a natural or manmade barrier that would lessen the effect of the intrusion of the institutional use into a residential area are preferred.

(c)

Parcel size. A minimum of one acre is required with a minimum 200-foot lot width.

(d)

Yards. The minimum front yard requirement is 50 feet. In addition to the yard requirements in the district regulations, all buildings must be set back a minimum of 50 feet from any R-1, R-2, or R-3 zoning district. Maximum parcel coverage of all buildings is 25 percent.

(e)

Development requirements. Ambulance and delivery areas shall be obscured from all residential view by a solid masonry wall six feet in height. Access to and from the delivery and ambulance area shall be directly from a major, minor, or principal collector thoroughfare.

(f)

Kennels.

(1)

A minimum of five acres is required.

(2)

No buildings or animals runs shall be less than 150 feet from a lot line abutting a residential district.

(g)

Mixed single-family residential and educational.

(1)

The intent and purpose of this section, is to establish location, developmental and use guidelines to allow mixed educational and single-family residential uses that will integrate as closely as possible in nature, appearance and primary use with the existing single-family structures in the district.

(2)

These regulations strive to provide flexibility for those wishing to conduct educational activities in their homes, while maintaining the integrity of any R district.

a.

The house must be used primarily as a single-family residence and lived in by the proprietor of the school.

b.

All licenses required by the state for operation of a private school, must be on file with the township zoning administrator.

c.

The maximum square footage devoted to educational uses may not exceed between 25 and 50 percent of the total square footage of the structure. The minimum square footage of the house devoted to residential uses must be that which is required for single-family residences, as shown in section 66-57, dimensions table. The upper limit, within this range, is at the discretion of the planning commission. The decision regarding the percentage of area devoted to education uses should be based on:

1.

The feasibility and desirability of using the structure as a residence with a specified area devoted to educational uses; and

2.

The feasibility of returning the educational area to residential uses, should the educational aspect cease to exist.

d.

There must be at least 50 square feet per student devoted to educational uses within the structure.

(3)

The exterior of the house must not be altered in any way other than those normally allowed in any R district, except to provide additional entrances and exits as required by the fire code. Any alterations made to the interior must be such that the house is desirable as a single-family residence upon termination of the mixed use. The determination of desirability will be made by the planning commission at the time of site plan review and by the zoning administrator at any time when a condition of the special use permit has been violated.

(4)

Only elementary grade education, grades kindergarten through six, is allowed. No boarding of students is allowed. No more than 30 students, exclusive of family members in the residence, are allowed.

(5)

Education related activities may be conducted between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday.

(6)

Children must be dropped off and picked up on the site, using one driveway onto the site. Staggered class starting times may be required to prevent traffic congestion at peak times. No bus transportation is allowed.

(7)

One parking space for each fulltime instructor is required. No parking off site is allowed. Parking must be paved.

(8)

A fenced play area must be provided according to the following schedule:

a.

Zero to ten students, 2,500 square feet.

b.

Eleven to 20 students, 4,000 square feet.

c.

Twenty-one to 30 students, 5,000 square feet.

d.

The play area must be at least 15 feet from all property lines.

e.

No play area is allowed in a front yard.

(9)

All other requirements of the R zone in which the use is located apply for mixed single-family and educational uses.

(10)

One sign is allowed and must meet the requirements for signs for home occupations in the R district in which it is located.

(Ord. of 5-30-2000, § 713)

(a)

District regulations. All district regulations of the B-2 district shall apply to individual storage facilities/ministorage, except as otherwise provided in this section.

(b)

Location. Individual storage facilities/ministorage in the B-3 or M-1 district shall be located on arterial roads.

(c)

Dimensional requirements. Storage spaces may vary between 30 and 400 square feet in size. The maximum height of the building may not exceed one story or 15 feet in wall height. Multiple buildings on one site must be at least 15 feet apart. All internal circulation must be on hard surfaces, at least 15 feet in width.

(d)

Setbacks. The minimum front, side and rear yards shall conform to all district regulations. All sites abutting residential uses shall be developed so that access to storage facilities on the sides abutting residential uses face the interior of the site. No access to the rear of the building, by vehicle, shall be allowed on sides abutting residential uses. Where lights from vehicles can shine on residential uses from anywhere on the site, the residential use shall be screened by a completely obscuring fence, berm or landscaping, at least six-feet in height.

(e)

Use of building. All individual storage/ministorage must be entirely contained within the building and in no way visible or otherwise apparent from outside the building. No retail commercial, manufacturing or remanufacturing operations of any kind may be carried out inside or outside of the building.

(f)

Materials allowed to be stored. No hazardous, toxic, flammable or refrigerated products may be stored inside or outside the building, excluding gas tanks attached to and intended to fuel vehicles and tanks of propane or kerosene, intended as fuel for appliances attached to the vehicle.

(g)

Lighting. All access points to each storage space and driveway must be lighted.

(Ord. of 5-30-2000, § 714; Ord. No. 2023-05, § I, 10-30-2023)

(a)

Standards. In addition to standards noted in article III of this chapter, district regulations, and use category K of the table of special use permit standards, a mobile home park must comply with the standards specified in subsection (b) of this section.

(b)

Special use standards. These shall be specified, by reference, as conditions for approval of a special use permit for a mobile home park.

(1)

Mobile home commission rules. All aspects of mobile home park development shall meet the requirements of the Michigan Mobile Home Commission Act, Public Act No. 96 of 1987 (MCL 125.2301 et seq.).

(2)

Parcel size. Minimum site size shall be at least 20 acres and shall have a minimum frontage of 250 feet. At least 60 mobile home spaces shall be completed before first occupancy.

(3)

Location. Development shall abut an arterial or collector road, which shall be its principal means of ingress and egress.

(4)

Dwelling units. Mobile homes shall be intended for residential occupancy in the development and shall have a minimum of 500 square feet of living area.

(5)

Yards. No mobile home or any building shall be located closer than 60 feet from any street or property line.

(6)

Site size. Each mobile home space shall have an area of at least 4,500 square feet with a minimum of 45 feet in width. Overall density of the development shall not exceed eight units per acre.

(7)

Signs. Only one sign, not exceeding 12 square feet shall be permitted at each approved access point.

(8)

Roads. Curb and gutter shall be provided for all streets and construction shall be in accordance with standards of the Saginaw County Road Commission.

(9)

Pedestrian facilities. A system of walkways connecting all mobile homes and service facilities shall be provided.

(10)

Recreational space. Not less than ten percent of the gross developed site area shall be developed and maintained as a common recreation space.

(11)

Buffering. The planning commission shall determine the need, location and height of fencing, berms and landscaping in order to assure mutual compatibility with adjacent land uses.

(Ord. of 5-30-2000, § 715)

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

(a)

Standards. Standards in this section shall apply to all of the following uses in zoning districts where they are identified as special uses in the uses table in article III of this chapter.

(b)

Uses. These uses are:

(1)

Outdoor amphitheater;

(2)

Drive-in theater; and

(3)

Race track.

(c)

All access from county primary road. All traffic ingress and egress shall be from an arterial or collector road or a state highway. Local traffic movement shall be accommodated within the site so that entering and exiting vehicles will make normal left or right turns into or out of the major thoroughfares.

(d)

Parcel size. A minimum of ten acres is required with a minimum 500-foot lot width.

(e)

Yards. The minimum front yard requirement is 100 feet. In addition to the yard requirements in the district regulations, all buildings must be set back a minimum of 200 feet from any R-1, R-2, or R-3 zoning district. Maximum parcel coverage of all buildings is ten percent.

(f)

Driveways remote from intersections. All points of entrance or exit for motor vehicles shall be located no closer than 200 feet from the intersection of any two streets or highways.

(g)

Sight distance. All vehicles shall have clear vertical and horizontal sight distance approaching a public street within 100 feet of the street for a sight distance of 500 feet in either direction along the street.

(h)

Acceleration and deceleration lanes. Acceleration and deceleration lanes shall be provided at points of ingress and egress to the site.

(i)

Left turn lanes. A left turn lane, at least long enough to accommodate ten cars without hindering through traffic or blocking other driveways, shall be provided on the major thoroughfare at each driveway entrance or exit.

(j)

Solid wall or fence. The entire active portion of the site, excluding vehicle entrance and exit areas, shall be enclosed with a solid wall or screen facade at least eight feet in height. Fences shall be of sound construction, and painted or otherwise finished attractively and inconspicuously.

(k)

Entrance gates. One ticket gate shall be provided for each 300 cars of capacity at any facility where tickets are to be sold before customers leave their vehicles. Vehicle standing space shall be provided between the ticket gates and the street or highway right-of-way line equal to at least 30 percent of the vehicular capacity of the facility.

(l)

Screens. Picture screens shall not be permitted to face any public street and shall be so located as to be out of view from any major thoroughfare.

(Ord. of 5-30-2000, § 716)

(a)

Intent. This section is intended to encourage innovation in land use patterns and variety in design for development of large parcels as well as encouraging economy and efficiency in provision of public services, the use of land, natural resources and energy. These regulations provide flexibility for developers while protecting public values.

(b)

Applicability. Planned unit developments are identified as special uses in all zoning districts. This section provides additional standards used in the special use permit process.

(c)

Permitted uses and standards. A planned unit development (PUD) may include all uses by right and special uses listed for the zoning district, which applies to its site, and for the zoning districts, which immediately precede and follow it in the uses table in article III of this chapter. For example, a PUD proposed for a parcel zoned R-2 could include all uses identified for the R-1 and R-3, and B-1 zoning districts.

(1)

Special use; permit standards apply. When a use is listed only as a special use for the applicable zoning districts, all special use permit standards for said use will apply.

(2)

Special use; PUD standards apply. When a use is listed as a special use in one of the applicable zoning districts, and as a use by right in another, it may be treated as a use by right for the PUD.

(d)

Use density and parcel coverage. Parcel coverage limits for the applicable zoning district must be met overall, with the following additions:

(1)

Residential coverage in commercial zoning districts. For a PUD located in the B-1 or B-2 zoning districts, up to 50 percent of the allowable parcel coverage may be devoted to structures for residential uses.

(2)

Nonresidential coverage in residential zoning districts. For a PUD located in the R-1 R-2 or R-3 zoning districts, up to 20 percent of the allowable parcel coverage may be devoted to structures for nonresidential uses.

(3)

Residential density. The maximum residential density shall be one dwelling unit for every 4,000 square feet of parcel area. Single-family or two-family dwellings shall meet the dwelling unit area requirements specified for the R-2 zoning district by the dimensions table in article III of this chapter. Multiple dwellings shall conform to the R-2 requirements.

(e)

Dimensional requirements. Front yard setback requirements for the applicable zoning district shall apply to all boundaries of the PUD. Building height limitations and minimum yards between dwelling structures shall be as specified for the B-1 zoning district by the dimensions table in article III of this chapter. However, if plots of land in a PUD are proposed for resale as either fee simple parcels or site condominiums, said parcels or condominium units, and any buildings thereon, must meet the parcel dimension and yard requirements for the R-3 zoning district.

(f)

Buffering for residential uses. When a PUD contains a mix of residential and other uses, the following provisions shall be enforced.

(1)

Separate buildings. In any PUD, a building devoted to nonresidential use must be separated from adjacent residential buildings by a yard area not less than 30 feet across, developed as landscaped open space and not used for parking or circulation of motor vehicles. This area may apply toward satisfaction of the PUD's open space requirement, as noted below.

(2)

Within same building. When residential and nonresidential uses occupy space in a single building in a PUD, a continuous physical separation must be provided between spaces devoted to said Uses. Access doorways are allowed, but the separation must provide at least a one-hour fire rating between residential and nonresidential space.

(g)

Open space. At least ten percent of any parcel containing a PUD must be devoted to landscaped open space. Forest, wetland or other unique environmental areas may be left in a natural state. Cropland may not be counted as landscaped open space, nor may yard areas of individual residential lots be included. However, landscaped yard areas for multiple dwellings or nonresidential uses may be included. If the PUD includes multiple dwellings, it must have at least 1,000 square feet of open space per dwelling unit.

(h)

Signs. Sign regulations as described in article V of this chapter shall apply for the PUD.

(i)

Parking and circulation. Parking for uses in a PUD shall conform to the requirements of individual uses as required in article VI of this chapter. Roadways in a PUD must be public streets, and must be built to the standards of the Saginaw County Road Commission. This does not include access drives or internal circulation in business districts.

(Ord. of 5-30-2000, § 717)

State Law reference— Planned unit development, MCL 125.3503.

(a)

Standards. Standards in this section shall apply to all of the following uses in zoning districts where they are identified as special uses in the uses table in article III of this chapter.

(b)

Uses. These uses are:

(1)

Public or private golf courses;

(2)

Country clubs, driving range;

(3)

Shooting club;

(4)

Racket sport;

(5)

Swimming facilities; and

(6)

Commercial recreational uses.

This section does not include uses that are accessory uses to a residential use.

(c)

Site location. Site location should be allowed which enhance the natural environment and amenities of urban life.

(d)

Development requirements. The following standards shall be applicable as basic requirements for the use of land or for the erection, reconstruction, or alteration of permitted structures:

(1)

Minimum site shall be five acres or more and access shall be so designed as to provide all ingress and egress directly onto or from an arterial or principal collector thoroughfare, provided, however, that the minimum site for tennis, racket sport and swimming facilities may occupy no less than four acres.

(2)

Lighting shall be shielded to reduce glare and shall be so arranged and maintained as to direct the light away from all residential lands, which adjoin the site.

(Ord. of 5-30-2000, § 718)

(a)

Site location principles. The following principles shall be utilized to evaluate the proposed location of any restaurant within a permitted district. The principles shall be applied by the planning commission as general guidelines to help assess the impact of the use upon the district in which such use is proposed.

(1)

Direct access to arterial. The site should have direct access to an arterial street.

(2)

Ecological significant areas not disturbed. Uses should be developed on sites where areas of ecological significance such as bogs, swamps, and marshes will not be disturbed.

(3)

Restaurant sites. Restaurants should be located on sites, which will not significantly increase the noise, air pollution, and traffic congestion levels of a neighborhood.

(b)

Site development requirements. The following requirements for site development together with any other applicable requirements of this chapter shall be complied with:

(1)

Site location. The proposed site shall have at least one property line on a major or minor arterial.

(2)

Access drives. No more than two driveway approaches shall be permitted directly from any major or minor street with not more than one driveway approach from any minor street, each of which shall not exceed 35 feet in width at the property line. Drive-thru restaurants shall be allowed no more than two driveways per site. All other developments shall be allowed one driveway per site.

a.

The driveways shall be located as far from the street intersection as practicable, but no less than 50 feet.

b.

No driveway or curb for a driveway shall be located within ten feet of an adjoining property line and shall be no less than 25 feet from any adjacent lot within a residential district as extended to the curb or pavement unless used as a joint drive.

(3)

Curbing and paving. A raised curb at least six inches in height shall be erected along all of the street property lines, except at driveway approaches. The entire service area of a drive-thru shall be paved with a permanent surface of concrete or asphalt.

(4)

Fencing. An opaque fence or wall a minimum of six feet in height shall be erected along all property lines abutting any lot within a residential district.

(5)

Lighting. Exterior lighting shall be arranged so that it is deflected away from adjacent properties and streets as set forth in article IV of this chapter.

(c)

Drive-thru establishments.

(1)

Uses that may be permitted. Accessory drive-thru uses to financial institutions, fast food businesses, dry cleaners, convenience stores, or other uses as may be determined by the planning commission.

(2)

Development requirements. The following requirements for site development, together with any other applicable requirements of this chapter, shall be complied with:

a.

The drive designated for the drive-thru shall have a minimum width of 12 feet and a minimum length of 100 feet. Said drive length shall not interfere with on-site traffic flow or parking arrangements.

b.

Curbing of at least seven inches in height and/or steel concrete bumper poles must be installed between the drive-thru lane and any structure.

c.

All pedestrian walkways crossing the drive shall be accessible to handicapped persons, properly painted and posted with signs warning drivers of pedestrians.

d.

Lighting shall be installed so as to provide adequate illumination of any walkways intersecting with said drive, subject to the standards set forth in article IV of this chapter.

e.

An opaque fence or wall a minimum of six feet in height shall be erected along all property lines where a drive-thru lane or associated structure are within 40 feet of any residential district or property.

f.

No drive-thru lane may be closer than five feet to any residential property or district.

g.

Drive-thru lane shall not result in an additional curb cut unless approved by the planning commission as necessary to ensure the safety of motorists and/or pedestrians.

(Ord. of 5-30-2000, § 719)

(a)

Parcel size. A minimum of ten acres is required with a minimum 500-foot lot width.

(b)

Yards.

(1)

The minimum front yard requirement is 100 feet.

(2)

In addition to the yard requirements in the district regulations, all buildings must be set back a minimum of 100 feet from any R-1, R-2, or R-3 zoning district.

(3)

Maximum parcel coverage of all buildings is 30 percent.

(c)

Temporary occupancy only.

(1)

Spaces in recreational vehicle parks or campgrounds may be used by motor homes, travel trailers, campers, tents or other shortterm housing or shelter arrangements.

(2)

Spaces shall be rented by the day or week only, and no occupant of such spaces shall remain in the same park or campground more than 60 days.

(d)

Resident manager.

(1)

Each recreational vehicle park or campground shall be directly supervised by a resident manager who may share such duties with other members of his family.

(2)

Management shall be accessible to park tenants at all times (24 hours) when park spaces are rented.

(3)

The manager's residence shall include the business office for the park and at least 1,000 square feet of living area for the manager's family.

(e)

Regulatory compliance required. Recreational vehicle parks or campgrounds must maintain compliance with all regulations of the state department of environmental quality, which apply to such enterprises. Failure to comply with any such regulation shall constitute a violation of this chapter.

(f)

Greenbelt, fence and setback.

(1)

The entire perimeter of any recreational vehicle park or campground shall be enclosed by a fence at least four feet high.

(2)

There shall be a greenbelt planting strip not less than 15 feet wide around the entire site.

(3)

The greenbelt shall contain at least one straight or staggered row of deciduous or evergreen trees, spaced not more than 20 feet apart and at least two rows of deciduous or evergreen shrubs which will grow to an ultimate height of at least six feet planted not more than six feet apart.

(4)

All individual campsites are to be setback at least 75 feet from any street right-of-way or neighboring property line.

(g)

Access and circulation. Each park shall be served by not more than one point of access to each abutting street or road.

(1)

No such access shall require a turn at an acute angle for vehicles moving in the direction intended. Design of curbs and pavements at such access points shall be such as to facilitate easy movement for vehicles with trailers attached.

(2)

Clear vision areas shall be maintained for drivers, extending 150 feet in each direction on any abutting road and for 25 feet on the park entrance road.

(3)

Roadways within the park shall be hard surfaced, dust free, and at least 24 feet wide for two-way traffic or 12 feet wide for one-way traffic.

(4)

Parking shall not be permitted on these roadways, and they shall be posted for a maximum speed of ten miles per hour.

(h)

Personal care facilities. Each recreational vehicle park or campground shall include men's and women's restroom and bathing facilities in all-weather, heated structures.

(1)

These facilities shall include:

a.

Adequate water outlets;

b.

Adequate washbasins;

c.

Adequate toilets;

d.

Adequate showers; and

e.

Adequate waste containers.

(2)

These facilities shall be provided uniformly through out the park at a ratio not less than one toilet and sink for each eight camping or recreational vehicle sites.

(3)

These facilities shall be kept in good working order and each structure shall be cleaned thoroughly daily.

(i)

Other public facilities.

(1)

Each recreational vehicle park or campground shall provide at least one public telephone for each 40 sites;

(2)

Each park shall have waste pump-out facilities for recreational vehicles that shall have an approved connection to a municipal sewage collection and treatment system or shall have waste removed by a licensed waste hauler for treatment at a municipal treatment facility;

(3)

Each park shall be served by a commercial solid waste disposal service, providing on-site storage container large enough to accommodate a three-day accumulation of solid waste with all sites in the park occupied. Said service shall provide pick up of waste at least weekly when the park is operating and frequently enough to ensure that said container are never overloaded; and

(4)

At least 15 percent of the site, not including the greenbelt and setback areas as defined in this section, shall be devoted to shared open space uses, including, but not limited to, playgrounds, picnic areas, court or field sports, or natural areas. This shall not include parking and vehicle circulation areas.

(Ord. of 5-30-2000, § 720)

State Law reference— Campground licensing and registration, MCL 333.12501 et seq.

(a)

Projects regulated as PUDs. All site condominium projects shall be regulated as PUDs. In addition, all site condominium projects shall be subject to any pertinent regulations of this chapter and any other applicable local ordinances.

(b)

Initial information. Concurrently, with notice required to be given the township pursuant to section 71 of Public Act No. 59 of 1978 (MCL 559.171), a person, firm or corporation intending to develop a condominium project shall provide the following information with respect to the project:

(1)

The name, address and telephone number of: all persons, firms, or corporations with an ownership interest in the land on which the condominium project will be located together with a description of the nature of each entity's interest (for example, fee owner, option, or land contract vendee); all engineers, attorneys, architects, or registered land surveyors associated with the project; the developer or proprietor of the condominium project.

(2)

The legal description of the land on which the condominium project will be developed together with appropriate tax identification numbers.

(3)

The acreage content of the land on which the condominium project will be developed.

(4)

The purpose of the project (for example, residential, commercial, industrial, etc.).

(5)

Approximate number of condominium units to be developed on the subject parcel.

(c)

Information to be kept current. The information shall be furnished to the zoning administrator and shall be kept up dated until such time as a certificate of occupancy has been issued.

(d)

Site plans, new projects master deed, engineering and inspections. Prior to recording of the Master Deed defined by Section 8 and required to be recorded by section 73 of Public Act No. 59 of 1978 (MCL 559.108, 559.173), the condominium project shall undergo site plan review and approval pursuant to section 66-280. In addition, the township shall require appropriate engineering plans and inspection prior to the issuance of any certificates of occupancy.

(e)

Site plans, expandable or convertible projects. Prior to expansion or conversion of a condominium project to include additional land, the new phase of the project shall undergo site plan review and approval pursuant to section 66-280. Minor changes to the project within the buildable area of an approved site plan do not require a new site plan review, but must be approved by the zoning administrator.

(f)

Master deed, restrictive covenants, and as-built survey to be furnished. The condominium project developer or proprietor shall furnish the zoning administrator with the following: One copy of the recorded master deed; one copy of all restrictive covenants; and two copies of an as-built survey. The as-built survey shall be reviewed by the township engineer for compliance with township chapters. Fees for this review shall be as established by resolution of the township board. A utilities plan, floodplain plan and approved site plan must be furnished as an exhibit to the master deed, or as part of the as-built survey.

(g)

Monuments required, site condominium projects. All condominium projects shall be surveyed by a registered land surveyor with property lines physically delineated by survey monuments on the site per township engineering standards.

(h)

Compliance with federal, state and local law. All condominium projects shall comply with federal and state statutes and local chapters.

(i)

State and county approval. The developer or proprietor of the condominium project shall establish that appropriate state and county approvals have been received with regard to the freshwater system for the proposed project and with regard to the waste water disposal system for the proposed project.

(j)

Temporary occupancy. The zoning administrator may allow occupancy of the condominium project before all improvements required by this chapter are installed, provided that a bond is submitted sufficient in amount and type to provide for the installation of improvements before the expiration of the temporary occupancy permit without expense to the township.

(k)

Single-family detached condominiums. All site condominiums shall be considered PUDs.

(Ord. of 5-30-2000, § 721)

State Law reference— Condominium act, MCL 559.173.

(a)

Parcel size. A minimum of ten acres is required with a minimum 500-foot lot width.

(b)

Yards. The minimum front yard requirement is 150 feet. In addition to the yard requirements in the district regulations, all buildings must be set back a minimum of 250 feet from any R-1, R-2, or R-3 zoning district.

(c)

Scope of regulations. This section regulates extraction, filling or repositioning of soil, sand, gravel, clay or other geologic deposit involving disturbance of more than 1,000 cubic yards of material, when such disturbance is not related to construction of a building, structure, or parking lot. This section also applies to artificial ponds created by soil excavation or intervention in watercourses, surface drainage or groundwater aquifers, regardless of size and whether the creation of the pond is an end in itself or merely a by-product of soil extraction activity. Ponds created by embankments or dams across streams or watercourses are not permitted in the township. Finally, oil wells are specifically exempted from this section, because they are solely regulated by the state department of environmental quality.

(d)

Additional information required for site plan. The site plan for any activity regulated by this section must include the following additional information:

(1)

A profile of the proposed excavation, illustrating elevations and changes in slope, with elevations noted in five-foot intervals. If water is expected to accumulate in the excavation, the projected water level must also be shown.

(2)

A soil evaluation report describing the excavation site and any needed drainage or seepage corrections.

(3)

The specifications for any spillway or drain for a proposed pond, including the proposed methods of foundation preparation or fill placement.

(e)

Excavation site requirements.

(1)

Avoid sites of ecological significance, such as wetlands or mature forest. If wetlands are to be affected, a state permit may be needed.

(2)

Excavations, which create ponds, should be located to minimize the chance of pollution from sources such as feedlots, corrals or septic tanks.

(3)

Excavations may be no closer than 50 feet, measured horizontally, to a power line, and may not be within a public utility or transportation easement.

(f)

Construction and operation requirements.

(1)

An excavation should not change surface drainage or underwater aquifers so as to adversely impact neighboring uses.

(2)

Any pond banks shall have a maximum slope of one foot vertical to four feet horizontal which extends below the projected low water surface elevation to a depth of at least eight feet.

(3)

Minimum designed water depth of a pond must be 15 feet to ensure proper aeration and circulation of the water.

(4)

All required environmental permits shall be obtained and obeyed, including the soil and sedimentation control permit under part 91 of Public Act No. 451 of 1994 (MCL 324.9101 et seq.).

(5)

Any excavated material not removed from the site shall be graded to a continuous slope, which does not exceed one foot vertical to three feet horizontal and arranged to prevent runoff from impacting adjacent properties. Said fill shall blend visually with the surrounding landscape.

(6)

By October 15 of each year, the completed portion of an excavation and any disturbed area around it, shall be graded and seeded.

(7)

No machinery or equipment shall operate, and no trucks, trailers, or other conveyances shall arrive at any excavation site before 7:00 a.m. or after 8:00 p.m.

(8)

Proper measures shall be taken to minimize the nuisance of traffic noise and flying dust or soil while a site is being excavated.

(9)

When two or more dwellings are located within 200 feet of the edge of any water body on an excavation site or on any parcel, said water body shall be enclosed by a fence at least four feet high with a lockable gate.

(10)

Ponds constructed for recreational purposes must be located behind the principal structure and outside of the rear and side yard setbacks.

(Ord. of 5-30-2000, § 722)

State Law reference— Soil erosion and sedimentation control, MCL 324.9101 et seq.; soil conservation districts law, MCL 324.9301 et seq.

(a)

Exempt activities. School or nonprofit fund raising activities are exempt from the special use permit requirements of this section. Private garage and yard sales in any R district are exempt from the special use permits requirements of this section but must meet the regulation of the general chapter of the township.

(b)

Evidence of ownership or permission. Evidence of ownership, lease, or permission for use of any site for which a temporary permit or approval is sought, must accompany all permit requests.

(c)

Length of permit. A temporary permit may be granted by the planning commission for a maximum of 30 days per calendar year.

(d)

Structures; outdoor uses.

(1)

Structures for the display of outdoor sales items are allowed provided they are not used for human shelter.

(2)

Structures may not be used for an indoor sales area.

(3)

One structure for storage of sales items is allowed under the following conditions:

a.

It is no larger than 150 square feet;

b.

There is no foundation;

c.

No portion of the structure may become unattached or move as a result of wind;

d.

It is anchored to withstand 30 pounds per square foot wind stress factor;

e.

Structures of any kind must be removed prior to expiration of the permit.

(e)

Structures; indoor uses. Structures for the display of indoor sales items are allowed provided they are not used for human shelter.

(f)

Structure for sales item allowed. One structure for sales items is allowed under the following conditions:

(1)

There is no foundation;

(2)

No portion of the structure may become unattached or move as a result of wind;

(3)

It is anchored to withstand 30 pounds per square foot wind stress factor;

(4)

Structures of any kind must be removed prior to expiration of the permit.

(g)

Uses requiring an official site plan and planning commission review. If the use is for greater than three days, within a 30-day period, a site plan, in conformance with the requirements outlined in article IX, must be submitted to the planning commission, and all other provisions of this section must be followed, but no fee is required.

(1)

The owner of the property on which the temporary use is located is responsible for providing the site plan showing the temporary indoor or outdoor use and its conformance with chapter requirements. This site plan may be an addition to the original plan for the property.

(2)

Any violations of the temporary use are the responsibility of the owner of the property on which it is located.

a.

The temporary site may not be occupied for more than 12 hours per day. In no event shall overnight occupation be permitted.

b.

Temporary signs shall be allowed, by permit, for a total of 30 days. A total of two temporary sign permits may be granted for one parcel in a year.

c.

Sites selling items for human consumption must have access to handwashing and toilet facilities. Sites selling items not for human consumption must have access to toilet facilities only.

(3)

Display of goods. Display and sale of goods may not be within the required yards for the zoning district.

(h)

Uses not requiring an official site plan in accordance with article IX of this chapter, or planning commission approval. Private temporary outdoor uses and those associated with nonprofit organizations meeting the definition of nonprofit organizations, in article II of this chapter, may be granted temporary use permits by the zoning administrator, at no cost to the organization if:

(1)

The use is for three days or less within a 30-day period,

(2)

A drawing of the site and description of activity is provided;

(3)

No structures for display, sale or storage remain on the site other than during the hours of operation;

(4)

The organization agrees by signature, to consent to the conditions outlined by the zoning administrator for this temporary outdoor use;

(5)

As a result of the addition of a temporary use, the number of parking spaces shall not be reduced below the required number of parking spaces for the temporary use and permanent use combined; and

(6)

The temporary use location must meet all yard requirements of the zone in which it is located.

(7)

Such use shall be approved only when it can be adequately shown not to be injurious or detrimental to properties in the immediate vicinity.

(8)

Extension beyond the 30-day limit may be granted by the planning commission, after a public hearing and a finding that a practical difficulty will be created will the 30-day limit be imposed.

(Ord. of 5-30-2000, § 723; Ord. No. 2013-01, § I, 2-25-2013)

(a)

Standards. The standards that apply to the special uses, specified in subsection (b) of this section, are those of the zoning district where the use is located, and as required as a result of the site plan review.

(b)

Uses. These uses are:

(1)

Accessory uses to the principle use;

(2)

Public service installations;

(3)

Day nurseries, off-street parking;

(4)

Hotels, and motels;

(5)

Manufacturing and processing;

(6)

Building, plumbing;

(7)

Electrical supply;

(8)

Wholesale establishments;

(9)

Retail malls;

(10)

Miniature golf, single-family apartments above the first floor in the B-1 and B-2 zones; and

(11)

Uses in the B-1 district operating outside the hours of 8:00 a.m. to 9:00 p.m.

(Ord. of 5-30-2000, § 724; Ord. No. 2023-04, § I, 10-30-2023)

(a)

Standards. The principal building/structure and accessory building/structure must be located in the R-1 Zoning District and be clearly incidental and customary to each other. The accessory building/structure must be located across the street/road from the principal building/structure.

(b)

Use. The accessory structure must serve as an accessory structure to the principal building. It must enhance the area and not conflict with the nature and use of the area.

(c)

Benefit. The accessory building/structure must be clearly incidental to, and customarily found in connection with, the principal building/structure and compatible with the location of the parcels.

(d)

Requirements. The planning commission shall determine the requirements of the exception based upon the facts and circumstances of the location.

(e)

Maximum size. The accessory building shall not exceed the square footage as stated in section 66-93(d)(2).

(f)

Reference.Section 66-57 and Section 66-93.

(Ord. No. 2018-03, § I, 9-24-2018; Ord. No. 2020-02, § I, 2-24-2020)

(a)

It is the intent of this Section to give effect to the intent of the Michigan Marihuana Act, PA 2008 Initiated Law, MCL 333.26421 et seq as approved by the electors and not to determine and establish an altered policy with regard to marihuana. This Section is designed to recognize the fundamental intent of the Act to allow the creation and maintenance of a private and confidential patient-caregiver relationship to facilitate the statutory authorization for the limited cultivation, storage, distribution and use of marihuana for medical purposes; and to regulate this fundamental intent in a manner that does not conflict with the Act so as to address issues that would otherwise expose the Township and its residents to significant adverse conditions. Nothing in this Section shall be construed as allowing persons to engage in conduct that endangers others or causes a public nuisance, or to allow the use, cultivation, growth, possession or control of marihuana not in strict accordance with the express authorizations of the Act and this section; and nothing in this section shall be construed to undermine or provide immunity from federal and state law as it may be enforced by the federal or state government relative to the cultivation, storage, distribution or use of marihuana.

(b)

Definitions.

(1)

Marihuana. The substance is defined as such in Section 7106 of the Public Health Code, PA 368 of 1976.

(2)

Michigan Medical Marihuana Act or "Act. " Michigan Initiated Law I of 2008, MCL 333.26421, et seq.

(3)

Primary caregiver. A primary caregiver defined as such in MCL 333.26423 of the Act, and who has been issued and possesses a Registry Identification Card under the Act.

(4)

Primary caregiver operation. The cultivation, storage and/or distribution of marihuana by a primary caregiver conducted in accordance with the Act and further subject to the requirements of this section.

(5)

Qualifying patient. A qualifying patient defined as such in MCL 333.26423 of the Act, and who has been issued and possesses a Registry Identification Card under the Act.

(6)

Registry identification card. The document defined as such in MCL 333.26423 of the Act and which is issued by the State of Michigan to identify a person as a registered qualifying patient or registered primary caregiver.

(7)

Enclosed locked facility. A facility defined as such in MCL 333.26423 of the Act where marihuana plants may be kept under the Act.

(c)

Primary caregiver operation registration permit requirement. Prior to establishing a primary caregiver operation under this Section, a special use permit shall be obtained from the Carrollton Township planning commission.

(d)

Requirements for primary caregiver operations. Primary caregiver operations shall only be allowed on property zoned M-1, light industrial, subject to the following requirements:

(1)

All medical marihuana must be grown and contained within an enclosed locked facility to which only the primary caregiver and/or registered patients have access. Medical marihuana shall not be grown outdoors.

(2)

All necessary building, electrical, plumbing, and mechanical permits shall be obtained for any portion of the principal building, accessory building in which electrical wiring, lighting and/or watering devices that support the cultivation, growing, or harvesting of marihuana are located.

(3)

If a room with windows is utilized as a growing location, any lighting methods between the hours of 10:00 pm and 7:00 am shall employ shielding methods, without alteration to the exterior of the building, to prevent ambient light spillage that may create a distraction or annoyance for adjacent properties.

(4)

No person other than the primary caregiver shall be engaged or involved in the primary caregiver operation, except to the extent that the primary caregiver lawfully transfers medical marihuana to a qualifying patient to whom the primary caregiver is linked through the state registration system.

(5)

No equipment or process shall be used in growing, processing, or handling of medical marihuana which creates noise, vibration, glare, light, fumes, odors, or electrical interference detectable to the normal senses at or beyond the property line. In case of electrical interference, no equipment or process shall be used which creates visual or audible interference with any radio, television, or similar receiver off the premises or causes fluctuation of line voltage off the premises.

(6)

A primary caregiver operation shall not be located within one thousand (1,000) feet of the following: public or private elementary or secondary school; public or private preschool; licensed day care or child foster care facility; public park, beach, or recreational area; or church, synagogue, temple, or similar place of worship. Measurement shall be from the closest point of the property line containing the primary caregiver operation to the closest point of the property line containing the above listed facilities.

(e)

Exceptions. This section shall not be deemed to prohibit or restrict or require permits for the following:

(1)

The cultivation, storage and/or use of marihuana by a qualifying patient solely for his/her personal use at his/her residence or at a hospital or hospice at which he/she is receiving care and in accordance with the provisions of the act and the administrative rules adopted thereunder.

(2)

The cultivation, storage and/or distribution of marihuana in accordance with the act by a primary caregiver solely to provide services to not more than one qualifying patient who is a member of the primary caregiver's household and whose residence is shared with the primary caregiver.

(3)

The provision of assistance to a qualifying patient by his/her designated primary caregiver relating to medical marihuana use, including distribution or other assistance, in accordance with the act and the administrative rules adopted thereunder, at the residence of the qualifying patient or at a hospital or hospice at which the qualifying patient is receiving care.

(f)

Enforcement. Any violation of this section shall be subject to enforcement penalties as set forth in Municipal Civil Infraction Ordinance. The building inspector, or any other representatives designated by the township board, shall have the right at any time to enter and inspect the premises for safety and compliance purposes for cause shown.

(Ord. No. 2022-02, § 1, 7-25-2022)

(a)

Intent and purpose. To allow and promote the use of solar energy within the township as a clean alternative energy source and to provide associated placement, land development, installation, and construction regulations for solar farms subject to reasonable conditions that will protect the public health, safety, and welfare. These regulations establish minimum requirements for solar farms, while promoting a renewable energy source in a safe, effective, and efficient manner.

(b)

Minimum lot size. There is no minimum lot size. Each solar farm is permitted as a special land use which review will consider its compatibility with the surrounding area.

(c)

Height restrictions. All photovoltaic panels and support structures located in a solar farm shall be restricted to a maximum height of 16 feet when oriented at a maximum tilt.

(d)

Setbacks. All fenced solar farm improvements shall be setback a minimum of 50 feet from a side or rear property line unless a property line is between two or more properties where a developer has sufficient land rights with all adjacent property owners to build improvements and a minimum of 50 feet from any road right-of way.

All facilities shall also be setback at least to the limit of any established county drain right-of-way or easement unless special provisions are formally agreed to with the Saginaw County Public Works Commissioner so as not to impede/obstruct access along the county drain. In addition to the setback area required above, an additional distance of 25 feet may be required between the setback area and the required fencing for the addition of landscaping, where landscaping is necessary as described below.

(e)

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

(f)

Safety/access. A security fence (height and material to be proposed and reviewed/approved through the special land use permit process) shall be placed around the perimeter of the solar farm and electrical equipment. Knox boxes and keys shall be provided at locked entrances for emergency personnel access.

(g)

Noise. No solar farm facilities shall exceed 50 dBA as measured at the property line.

(h)

Glare. Solar farms shall be located or placed so that unreasonable solar glare will not be directed toward or onto nearby properties or roadways at any time of the day.

(1)

All solar energy systems shall be placed such that solar glare does not project onto nearby inhabited structures or roadways and be considered a nuisance.

(2)

Solar facilities should be sited and designed properly to eliminate glint and glare effects on roadway users, nearby residences, commercial areas, or other highly sensitive viewing locations, or to reduce them to the lowest achievable levels. The applicant will provide a glint and glare study which accurately assesses and quantifies potential glint and glare effects and to determine the potential health, safety, and visual impacts associated with proposed project.

(3)

The design and construction of solar energy facilities shall not produce light emissions, either direct or indirect (reflective), that would interfere with airline pilot vision and/or traffic control operations.

(4)

If the design of the project produces light or glare on neighboring homes or businesses, the owner shall mitigate that glare.

(i)

Landscaping. The perimeter of all visible solar farm improvements shall be screened and buffered by required installed evergreen or native vegetative plantings located outside of the required fencing whenever existing natural forest vegetation or berms do not otherwise continuously obscure solar farm improvements from adjacent parcels (unless two parcels hosting solar farm improvements will be enclosed in one fenced area), subject to the following requirements:

(1)

Unless screened and buffered at all times by natural forest vegetation meeting the minimum spacing and height requirements, and having a substantially similar obscuring effect of an evergreen or native vegetative buffer installed pursuant to this section, a continuous evergreen or native vegetative buffer shall be installed and maintained at all times at the perimeter of all solar farm improvements, including without limitation, between such solar farms and adjacent residential or agricultural areas and/or public highways or streets (unless two parcels hosting solar farm improvements will be enclosed in one fenced area). Nothing contained herein shall be construed to prevent reasonable access to any approved solar farm.

(2)

The required evergreen or native vegetative buffer shall be composed of native or evergreen trees that at planting shall be a 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 six months, or the next appropriate planting period, whichever occurs first, but under no circumstances should the applicant allow unhealthy or dead material to remain in place for more than six consecutive months. Failure to maintain the required evergreen vegetative buffer as required by this section shall constitute a violation of the zoning ordinance and is grounds for revocation of any applicable project zoning approvals including special use permits and site plan approvals.

(3)

All plant materials for the required evergreen or native vegetative buffer shall be installed between March 15 and November 15. If an 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 bond, or cash deposit 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.

(4)

The required landscaping buffer for solar farms must be 25 feet in width. Lands from the edge of a required landscaping buffer to a road right-of-way or adjacent property line (the setback area) must be mowed three times per year or be maintained by some other method acceptable to the township to maintain a neat and orderly appearance of the setback area.

(5)

In its discretion, the township may waive any and all landscaping requirements in this section should it find that an applicant proposed an adequate alternative method to screen the solar farm from adjacent properties and roadways.

(j)

Local, state and federal permits. Solar farm facilities shall be required to obtain all necessary permits and licensing from the underlying township, Saginaw County, State of Michigan, and U.S. Government as applicable prior to construction and shall maintain any necessary approvals as required by the respective jurisdictions or agencies.

(k)

Electrical interconnections. All electrical interconnections or distribution lines shall comply with all applicable codes and standard commercial large-scale utility requirements. Use of above ground transmission lines are prohibited within the site.

(l)

Additional site plan requirements. The applicant shall submit a site plan in full compliance with the zoning ordinance for each solar farm and other solar energy appurtenances. Additional requirements for a solar farm site plan are as follows:

(1)

The project area boundaries.

(2)

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

(3)

The location, grades, and dimensions of all temporary and permanent on-site and access roads from the nearest county or state maintained road.

(4)

Existing topography.

(5)

Water bodies, waterways, wetlands, drainage channels, farm tile and drain easements.

(6)

A site grading, erosion control and storm water drainage plan. The plans will be reviewed by the township's engineering firm at the applicant's cost.

(7)

All comments from the Saginaw County Public Works Commissioner's office, Saginaw County Road Commission, EGLE and MDOT pertaining to the proposed solar farm shall be submitted to the planning commission.

(8)

All new infrastructure, both above and below ground, related to the project. This includes inverters and batteries.

(9)

Identification of a construction/set-up/laydown area.

(10)

Project design and layout will ensure any structures or other improved areas located within the fenced/improved area shall be located a minimum of 300 feet from any residential structure, church, school, family or group child day-care home, and bed and breakfast establishments.

(11)

No portion of the solar farm shall contain or be used to display advertising. The manufacturers' name and equipment information or dedication of ownership shall be allowed on any equipment of the solar energy system provided they comply with the prevailing sign regulation.

(12)

Documentation that demonstrates the solar farm will not cause unreasonable impacts to public or private drainage systems on properties hosting improvements or properties adjacent or nearby to a proposed solar farm. This documentation must include maps of all existing private drain tile on lands that will host solar farm improvements and a detailed plan to restore impacted private drain tile at the time of decommissioning the solar farm.

(13)

Any additional information deemed relevant to the township to ensure compliance with the zoning ordinance.

(m)

Additional special use criteria. In addition to the special land use (and site plan) requirements contained in the zoning ordinance, the applicant shall address the following topics in the application for solar farm facilities:

(1)

Project description and rationale. Identify the type, size, rated power output, performance, safety, and noise characteristics of the system including the transmission line/grid connection for the project. Identify the project construction time frame, project life, development phases (and potential future expansions) and likely markets for the generated energy.

(2)

Analysis of on-site traffic. Estimated construction jobs and estimated permanent jobs associated with the development.

(3)

Visual impacts. Graphically demonstrate the visual impact of the project using photos or renditions of the project with consideration given to setbacks and proposed landscaping.

(4)

Environmental analysis. Identify impacts on surface water quality and any impacts to county drains and/or established natural or private drainage features in the area.

(5)

Waste. Identify any solid or hazardous waste generated by the project.

(6)

Lighting. Provide plans showing all lighting within the facility. No light may adversely affect adjacent parcels. All lighting shall conform to the requirements of this ordinance and must be shielded from adjoining parcels. Light poles are restricted to a maximum height of 18 feet.

(7)

Transportation plan. Provide a proposed access plan during construction and operational phases. Show proposed project service road ingress and egress locations onto adjacent roadways and the layout of the facility service road system. Due to infrequent access following construction, it is not required to pave or curb solar panel access drives.

(8)

Public safety. Identify emergency and normal shutdown procedures. Identify potential hazards to adjacent properties, public roadways and to the general public that may be created.

(9)

Sound limitations. Provide a post-construction sound model which identifies noise levels at the property lines of the project when completed and operational.

(10)

Telecommunications interference. Identify any electromagnetic fields and communications interference that may be generated by the project.

(11)

Life of the project and final reclamation. Applicants must describe the decommissioning and final reclamation plan after the anticipated useful life or abandonment/termination of a solar farm. This includes: (1) supplying evidence of an agreement with the underlying property owner(s) that ensures proper removal of all equipment and restoration of the site within six months of decommissioning or abandonment of the project; (2) providing the township a narrative outlining the expected useful life of a project before decommissioning; and (3) supplying an estimate of decommissioning and restoration costs associated with a project which does not credit the value of any salvage materials or re-sale credits of solar farm components such as solar panels and is prepared by a professional engineer.

To ensure proper removal of project improvements upon abandonment/termination of a project, applicants must enter into a decommissioning agreement in a form acceptable to the township board outlining when project components must be decommissioned. Applicants must also post with the township a financial security guaranteeing removal of project improvements which must be posted before construction of any solar farm improvements. The financial security may be in the form of cash, bond, irrevocable letter of credit, or other financial instrument in a form approved by the township board. The amount of financial instrument shall be no less than the estimated cost of removal of all project improvements (without crediting any amount for salvage value of removal of improvements) and must either be increased at least every five years by following an inflationary index acceptable to the township or by determining the actual costs to decommission a project. The required financial security for decommissioning a project must be maintained by the applicant or successor owner or operator of a project for as long as the project has improvements within the township.

If the owner of the project or the underlying property owner fails to remove or repair any defective, abandoned, or terminated project, the township, in addition to any other remedy under this section, may pursue legal action to abate the violation by seeking to remove the project and recover any and all costs, including attorney fees.

(12)

Township review. Because of the ever-changing technical capabilities of photovoltaic solar panels and of new technology in general, the township planning commission and board of trustees shall have the authority to review and consider alternatives in both the dimensional and physical requirements contained in this section as part of the special land use review process.

(13)

Insurance. Proof of the applicant's public liability insurance with at least $3,000,000.00 per occurrence to cover the solar farm, the township, and the landowner.

(14)

Emergency services. The large scale solar photovoltaic installation owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the local fire chief. The owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar photovoltaic installation shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.

(15)

Fee. An applicant shall remit an application fee and an escrow deposit, in the amount specified by the township fee schedule for zoning action. This schedule shall be based on the cost of the application review and may be adjusted from time to time. If professional review of plans is required, then such costs shall be paid from the escrow deposit.

(16)

Complaint resolution. The applicant shall develop a process to resolve complaints from nearby residents concerning the construction or operation of the project. All complaints shall be acknowledged within ten days of receipt of such complaint and the township director shall also be notified of each complaint. The process shall use an independent mediator or arbitrator and shall include a time limit for acting on a complaint. The process shall not preclude the local government from acting on a complaint.

a.

During construction, the applicant shall maintain and make available to nearby residents a telephone number where a project representative can be reached during normal business hours.

b.

A report of all complaints and resolutions to complaints shall be filed with the township on a quarterly basis.

(17)

Continuing compliance and enforcement escrow deposit. A continuing escrow deposit shall be held by the township and shall be funded by a cash deposit by the applicant prior to the commencement of construction of any solar farm and shall be maintained by the solar farm owner or operator until the solar farm has been permanently decommissioned and removed. The monetary amount placed by the applicant in escrow with the township shall be estimated by the township to cover all reasonable costs and expenses associated with continuing enforcement of the zoning ordinance and the terms of a special use permit and any zoning approvals 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 consultants, reports, or studies that the township determines are reasonably related to enforcement of the zoning ordinance and related zoning approvals. If the township is required to expend any portion of the escrow deposit or if the existing escrow amount paid by the applicant proves to be insufficient to cover the township's enforcement costs, the township may require the applicant to place additional monies into escrow with the township.

Continuing obligations. Failure to keep any required financial security or continuing compliance and enforcement cash amount in full force and effect at all times while a solar farm exists or is in place shall constitute a material and significant violation of a special use permit and the zoning ordinance, and will subject the solar farm applicant, owner and/or operator to all remedies available to the township, including enforcement actions and revocation of a special use permit. A review of security and escrow requirements shall occur no less than annually to determine compliance with this section.

(18)

Required fencing. Areas that host visible solar farm improvements (e.g., ground mounted solar panels) shall be completely enclosed by chain-link perimeter security fencing to restrict unauthorized access. Such fencing shall be eight feet in height as measured from the natural grade of the fencing perimeter. The required fencing cannot utilize barbed or razor wire. Moreover, the required fencing must be in between the required solar farm landscaping and solar farm improvements.

(19)

Concrete foundations. Solar farm improvements (e.g., panels) may not utilize concrete foundations unless an applicant prepares a plan and demonstrates how such foundations will be removed and the land will be restored to a substantially similar condition as its initial condition after the useful life of a project.

(Ord. No. 2024-04, § I, 4-29-2024)