The formulation and enactment of this chapter is based upon the division of the township into districts in each of which are permitted specified uses which are mutually compatible. In addition to such permitted compatible uses, however, there are certain other uses which may be necessary or desirable to allow in certain locations in certain districts, but because of their actual or potential impact on neighboring uses or public facilities there is a need to carefully regulate them with respect to their location for protection of the community. These uses, due to their peculiar locational need or the nature of the service offered, may have to be established in a district in which they cannot be reasonably allowed as a permitted use.

(Comp. Ords. 1988, § 15.710)

(a)

Submission of plans; criteria for approval. For all special land uses, a site plan shall be submitted to the township planning commission and conform to the requirements and procedures for site plan review set forth in section 30-38. If the plans meet the required standards of this chapter, this article and applicable sections and indicate no adverse effects which in the opinion of the planning commission could cause injury to the residents, users or adjoining property, or the township as a whole, the planning commission shall recommend that the township board approve the use. In consideration of all applications for special land use approval, the planning commission and the township board shall review each case individually as to its applicability and must find affirmatively as to each of the following standards of the proposed special land use if it is to be approved. Such uses shall be subject to conditions, restrictions and safeguards deemed necessary within the scope of the law as follows:

(1)

The proposed special land use shall be of such location, size and character that it will be in harmony with the appropriate and orderly development of the surrounding neighborhood and/or vicinity and applicable regulations of the zoning district in which it is to be located.

(2)

The proposed use shall be of a nature that will make vehicular and pedestrian traffic no more hazardous than is normal for the district involved, taking into consideration vehicular turning movements in relation to routes of traffic flow, proximity and relationship to intersections, adequacy of sight distances, location and access of off-street parking and provisions for pedestrian traffic, with particular attention to minimizing child-vehicle interfacing.

(3)

The proposed use shall be designed as to the location, size, intensity, site layout and periods of operation of any such proposed use to eliminate any possible nuisance emanating therefrom which might be noxious to the occupants of any other nearby permitted uses, whether by reason of dust, noise, fumes, vibration, smoke or lights.

(4)

The proposed use shall be such that the proposed location and height of buildings or structures and the location, nature and height of walls, fences and landscaping will not interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value.

(5)

The proposed use shall relate harmoniously with the physical and economic aspects of adjacent land uses as regards prevailing shopping habits, convenience of access by prospective patrons, continuity of development, and need for particular services and facilities in specific area of the township.

(6)

The proposed use is necessary for the public convenience at the proposed location.

(7)

The proposed use is so designed, located, planned and to be operated that the public health, safety and welfare will be protected.

(8)

The proposed use shall not cause substantial injury to the value of other property in the neighborhood in which it is to be located and will not be detrimental to existing and/or other permitted land uses in the zoning district.

(b)

Approval. After the planning commission has held the required public hearing on the proposed special land use, the planning commission shall act to approve or deny the request within 30 days. The planning commission's decision on a special land use shall be incorporated in a statement containing the conclusions relative to the special land use approval under consideration which specifies the basis for the decision, and any conditions imposed. Upon approval, a special approval permit shall be issued to the applicant. The planning commission shall forward a copy of the permit to the applicant, township clerk, and zoning administrator. This record shall be on file in the township clerk's office as well as being made a part of the site plan or building records for that parcel.

(c)

Appeal to circuit court. Decisions of the planning commission on special land uses shall be final. A person having an interest affected by a special land use decision of the township planning commission may appeal to circuit court.

(d)

Public hearings and notices. Upon receipt of an application for a special land use which requires a decision on discretionary grounds, one notice that a request for special land use approval has been received shall be published in a newspaper which circulates in the township, and shall be sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet. The notice shall be given not less than 15 days before the date the application will be considered. If the name of an occupant(s) is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses, or organizations, notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure. The notice shall:

(1)

Describe the nature of the special land use request.

(2)

Indicate the property which is the subject of the special land use request.

(3)

State when and where the special land use request will be considered.

(4)

Indicate when and where written comments will be received concerning the request.

(5)

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

(e)

Conditions. The township planning commission may impose such conditions or limitations in granting approval as may be permitted by state law and this chapter which it deems necessary to fulfill the spirit and purpose of this chapter. The conditions may include conditions necessary to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall do all the following:

(1)

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

(2)

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

(3)

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

The conditions imposed with respect to the approval of a land use or activity shall be recorded in the record of the approved action and shall remain unchanged except upon the mutual consent of the approving authority and the landowner. The township board shall maintain a record of conditions which are changed.

(f)

Voiding of special approval use permit. Any special approval use permit granted under this chapter shall become null and void and fees forfeited unless construction or use is commenced within 18 months of or if the authorized construction or use is suspended or abandoned for a period of six months after the time commencing the construction or use. A violation of a requirement, condition or safeguard shall be considered a violation of this chapter and grounds for the zoning administrator to terminate and cancel such special approval use permit.

(Comp. Ords. 1988, § 15.711; Ord. No. 146, 1-21-2008)

(a)

Purpose. Recognizing that, because of their nature, some uses have objectionable operational characteristics, especially when concentrated in small areas, and recognizing that such uses may have a harmful effect on adjacent areas, special regulations of these uses are necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood.

(b)

Definitions. For the purpose of this section, the following terms are defined as follows:

Adult bookstore means an establishment wherein more than 20 percent of its stock in trade is composed of books, magazines, or any such printed or photographic media having as dominant theme matter depicting, describing or relating to specified sexual activities or specific anatomical areas.

Adult motion picture theater means an enclosed building used exclusively for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

Cabaret means any place wherein food and any type of alcoholic beverage is sold or given away on the premises and the operator thereof holds a yearly license to sell such beverages by the glass and which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers, either live or as films.

Massage parlor means an enterprise of a non-medical nature specializing in the manipulation of body tissues (as by rubbing, stroking, kneading, or tapping) with the hand or an instrument.

Specified anatomical areas means human genitals, pubic region, buttock, and female breast less than completely and opaquely covered; and human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities means human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; or fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

(c)

Districts where permitted. It shall be unlawful to establish any adult bookstore, adult motion picture theater, massage parlor or cabaret except in the B-2 general business and industrial districts.

(d)

Minimum distance from residential district. No such uses may be permitted in the B-2 general business or industrial districts within 1,000 feet of any residential district measured from the lot line of the location of the proposed use. The township board may waive this location provision if the following findings are made:

(1)

The proposed use will not be contrary to the public interest or injurious to nearby properties and the spirit and intent of this chapter will be observed.

(2)

The character of the area shall be maintained.

(3)

All applicable regulations of this chapter will be observed.

(4)

No adult bookstore, adult motion picture theater, massage parlor or cabaret is located within 2,000 feet of the proposed location.

(Comp. Ords. 1988, § 15.733)

Editor's note— Ord. No. 146, adopted Jan. 21, 2008, repealed § 30-544, which pertained to airports and derived from Comp. Ords. 1988, § 15.712.

Cemeteries are a permitted use in the AG or CR districts subject to the requirements of this chapter and the following special standards:

(1)

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

(2)

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

(3)

Access to public road. All ingress and egress shall be directly onto a paved public road having a proposed right-of-way of not less than 86 feet on the township's adopted thoroughfare plan or comprehensive plan.

(4)

Screening. All sides of the cemetery shall be screened from any residential view by providing a continuous and completely obscuring decorative wall or fence not less than four feet six inches in height measured from the surface of the ground. The township board may permit a chainlink type fence, with deciduous or evergreen plant material sufficient to provide a continuous yearround obscuring screen and planned in accordance with section 30-429.

(5)

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

(Comp. Ords. 1988, § 15.713)

Churches and public buildings are permitted in the AG, RE, RS, and RM districts subject to the requirements of this chapter and the following special standards:

(1)

Site requirements.

a.

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

b.

The site shall abut a paved public road having a proposed right-of-way of not less than that of a secondary thoroughfare, 86 feet, on the township's adopted thoroughfare plan or comprehensive plan.

(2)

Yard requirements; maximum lot coverage.

a.

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

b.

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

c.

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

(3)

Off-street parking.

a.

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

b.

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

c.

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

(Comp. Ords. 1988, § 15.714; Ord. No. 146, 1-21-2008)

Commercially used outdoor recreational space for adult or children's amusement parks, carnivals, rebound tumbling facilities, miniature golf courses, and golf driving ranges are permitted in the B-2 district subject to the following special standards:

(1)

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

(2)

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

(3)

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

(4)

Loudspeakers. No loudspeaker or public address system shall be used except by the written consent of the township board wherein it is deemed that no public nuisance or disturbance will be established.

(Comp. Ords. 1988, § 15.715)

Except as provided under subsection (30)c. of this section, communication towers shall be allowed only in the I-1, Light Industrial and I-2, Heavy Industrial Districts subject to the following special approval requirements:

(1)

The tower must be setback from all property lines and from the edge of the planned road right-of-way a distance equal to its height for reasons of safety and aesthetics. Except that the setback may be reduced by the planning commission with due consideration of aesthetic circumstances, if the developer submits evidence that the tower is designed in the event of failure, to collapse within a more confined distance. Land included within such minimum required setbacks shall remain undivided and undeveloped with other structures not accessory to the tower.

(2)

Towers shall be of the freestanding type without guy wires.

(3)

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

(4)

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

(5)

All bufferyard requirements within this chapter shall be met.

(6)

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

(7)

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

(8)

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

(9)

All towers must meet the standards of the Federal Aviation Administration and the Federal Communications Commission.

(10)

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

(11)

All facility components accessory to a tower or antenna shall comply with all regular setback requirements for the district in which located. However, in no case shall said accessory components be located within 30 feet of a property line.

(12)

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

(13)

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

(14)

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

(15)

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

(16)

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

(17)

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

(18)

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

(19)

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

(20)

Height of the tower, including antennae, shall not exceed 180 feet from grade. The planning commission may allow towers of greater height in the interior of industrial districts in such cases where the planning commission determines that such height will not negatively impact upon adjacent properties in non-industrial districts.

(21)

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

(22)

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

(23)

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

(24)

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

(25)

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

(26)

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

(27)

All parking and drive areas must be paved as provided in this ordinance. All driveway entrances shall meet the requirements of the county road commission and a permit shall be obtained from the road commission for each driveway entrance.

(28)

Except for the driveway opening, along the entire perimeter of the tower, including its related structures and fencing, and within the area leased or owned by the applicant, the developer shall plant a landscaping buffer, which the lessee or owner shall subsequently maintain. The buffer, at a minimum, shall consist of two staggered rows of trees that are a minimum of six feet tall when planted with a height at maturity of at least 20 feet. Trees shall be planted on 20-foot centers. Trees shall be 80 percent evergreens and 20 percent deciduous, mixed in species, using only species approved by the American Nurserymen's Association or a similar organization which may be specified elsewhere by township ordinance.

(29)

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

(30)

The policy of the community is to minimize the number of communication towers in the township. Therefore, the township shall require the co-location of communication towers. pursuant to this policy, the following standards apply to communication towers:

a.

All new and modified communication towers shall be designed and constructed so as to accommodate co-location.

b.

A special land use permit for the construction and use of a new communication tower shall not be granted unless and until the applicant demonstrates that a feasible co-location opportunity is not already available for the coverage area and capacity needs.

c.

An antenna with supporting accessory ground equipment and structures (no additional tower) may be co-located on an existing high voltage electric transmission line tower in any zoning district, subject to all requirements of this section. The planning commission may also consider approval of co-location on other extraordinarily tall structures, such as, but not limited to smokestacks, water towers, and power houses in any district.

(31)

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

a.

Citizen band radio facilities,

b.

Short wave facilities,

c.

Ham and amateur radio facilities,

d.

Television reception antennae,

e.

Satellite dishes,

f.

A farmer's communication system or other similar private communication systems,

(32)

Government facilities which are subject to state and/or federal law or regulations that preempt municipal regulatory authority are exempt from the above provisions only to the extent or degree preempted.

(Comp. Ords. 1988, § 15.729; Ord. No. 133, art. 2, 5-20-2002; Ord. No. 146, 1-21-2008)

Disposal areas and landfills are permitted in I-2 districts subject to the requirements of this chapter and the following special standards:

(1)

Location and setbacks; access to public road. The location of all disposal areas within such districts shall be sufficiently distant from preexisting development so as not to be injurious to public health, safety and welfare, and in no instance shall the operation of the landfill be set back less than 500 feet from the road right-of-way and from any residential home, and the side yard setback shall be a minimum of 100 feet from the property line of the landfill. The site shall abut a paved public road having a proposed right-of-way of not less than 86 feet as indicated on the township thoroughfare plan or comprehensive plan.

(2)

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

(3)

Open dumps. Open dumps shall not be permitted.

(4)

Compliance with state law. All disposal areas and landfills shall further comply with part 115 of Public Act No. 451 of 1994 (MCL 324.11501 et seq.).

(Comp. Ords. 1988, § 15.716)

Cross reference— Solid waste, ch. 24.

High pressure gas transmission lines and high voltage electric transmission tower lines shall be permitted in any district except the O-1 district, subject to the following regulations:

(1)

General regulations.

a.

All such utility lines shall follow existing utility corridors, where possible and reasonable, as determined by the township board after review and recommendation of the planning commission.

b.

The loss of any active agricultural use on property shown as prime or unique farmland on the Soil Conservation Service's Important Farmland Map of St. Clair County shall be minimized to the greatest extent feasible consistent with the public interest and common good as determined by the township board after review and recommendation of the planning commission.

c.

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

d.

Noncompliance with any part of this chapter, or any other township ordinance, shall be grounds for the township acting to withdraw its approval or conditional approval of any use regulated under this section and to order such use to be discontinued.

e.

Prior to commencement of construction, any approvals granted under this section are not transferable to others or to successors in interest, without first applying for such transfer to the township board after review and recommendation of the planning commission.

f.

The person granted privileges under this section shall inform the township clerk on a continuing basis of the name, address and phone number of the employee who is responsible for receiving complaints and communications from the township.

g.

The existence of one line or facility approved under this section does not imply permission to erect any other lines or facilities other than those originally permitted.

(2)

High voltage electric transmission lines of 120 kv or greater.

a.

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

b.

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

c.

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

d.

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

e.

No such line or system shall cause radio or TV interference to residents in the township, and if such happens it will be considered a public nuisance, subject to abatement.

f.

"Danger—No Trespassing" signs shall be placed at all road crossings, and the township board, after review and recommendation of the planning commission, may require fencing at those road crossings which it determines are in need of additional protective measures.

g.

Any area destroyed by necessity in the construction of such approved facilities may be subject to conditions imposed by the township board for its immediate restoration by replanting or similar techniques.

h.

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

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

i.

During the construction or repair of any facilities approved under this section, the following shall be required:

1.

All internal roads shall be kept dust-free by chemical treatment.

2.

Any damage to public or private roads, fences, structures or facilities shall be repaired immediately.

3.

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

4.

All construction operations shall be confined to daylight hours, Monday through Saturday, unless permitted in writing by the township board.

j.

At the time a request is made for approval under this section, the person shall submit an estimated timetable for completion of the construction plans to the township board, and specifications of all equipment and facilities proposed for installation. The township board, after review and recommendation of the planning commission, may require a performance bond with surety or an irrevocable bank letter of credit as a guarantee of completion of all approved facilities, and an agreement to indemnify, defend and hold harmless the township from any claims arising out of the construction or operation of a project approved under this section.

k.

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

l.

If any court or the state public service commission or other governmental body finds that such lines and systems are not necessary, such lines and systems shall, upon exhaustion of appeals, be dismantled under regulation by the township board.

m.

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

n.

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

(Comp. Ords. 1988, § 15.730)

General hospitals are permitted in the RE, RS, and RM districts subject to the requirements of this chapter and the following special standards:

(1)

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

(2)

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

(3)

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

(4)

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

(Comp. Ords. 1988, § 15.718; Ord. No. 146, 1-21-2008)

Golf courses are permitted in the AG, RE, RS, CR, and RM districts subject to the requirements of this chapter and the following special standards:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(Comp. Ords. 1988, § 15.717; Ord. No. 146, 1-21-2008)

Public, private or commercial kennels (as regulated under Article 4, Section 8, St. Clair County Dog Control Ordinance) and veterinary clinics may be permitted upon special approval in the AG, CR, and I-2 districts provided:

(1)

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

(2)

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

(3)

For public or commercial kennels, one parking space shall be provided for every five kennel runs. For veterinary clinics parking requirements shall be in accord with those of professional offices of doctors, dentists or similar professions (section 30-425(12)d.3.). All off-street parking shall be paved and constructed to the standards of this chapter.

(4)

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

(Comp. Ords. 1988, § 15.719; Ord. No. 146, 1-21-2008)

Large scale recreation uses, including golf courses, driving ranges, public stables with or without an arena, gun clubs, archery ranges, camper and/or tent parks, hay rides, picnic grounds, swimming facilities, kiddie-type rides, and tracks and other constructed courses for off-road vehicles whether for personal use or public use, (but not including circuses, outdoor drive-in theatres, motorcycle and auto racetracks, and horse or dog tracks) may be permitted in the AG and CR districts upon special approval subject to the requirements of this chapter and the following standards:

(1)

Site requirements.

a.

All approved uses shall be on a contiguous parcel of 20 acres or more in area.

b.

All vehicular ingress and egress from the site shall be directly onto a thoroughfare having a designated right-of-way on the township's adopted thoroughfare plan of not less than 86 feet.

c.

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

(2)

Yard and building placement requirements.

a.

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

b.

No activity shall take place within 30 feet of the perimeter of the recreation area. All such activities shall be adequately screened from abutting residentially zoned property by means of a protective wall or greenbelt as described in sections 30-429 and 30-434.

c.

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

d.

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

e.

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

(3)

Other requirements.

a.

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

b.

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

(4)

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

(Comp. Ords. 1988, § 15.720; Ord. No. 137, art. 6, 4-13-2003)

Because the commercial removal of soil, sand, gravel, stone and other earth materials is likely to involve substantial amounts of nuisance (primarily noise and dust, with resulting air pollution) and large amounts of trucking and in some (but not necessarily all) cases the land is spoiled for any subsequent use with resulting loss of taxable revenues, such use may be permitted only in the AG, Agricultural and I-2, Heavy Industrial Districts and shall further be subject to the following standards:

(1)

There shall be not more than one entrance way per road frontage and shall not be accessed from a minor residential street.

(2)

Such removal, processing, transportation, and activities relating to storage such as stockpiling shall not take place before 7:00 a.m. or after 7:00 p.m.

(3)

On said lot, no digging or excavating shall take place closer than 100 feet to any lot line or public right-of-way.

(4)

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

(5)

An eight foot or higher berm shall be constructed inside the perimeter fence in accordance with section 30-434 to reduce noise and otherwise help protect adjoining properties.

(6)

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

(7)

Such removal processing or storage shall not be conducted as to cause the pollution by any material of any surface or subsurface, water-course, or water body outside the lines of the lot on which such use shall be located.

(8)

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

(9)

All fixed equipment and machinery shall be located at least 100 feet from any lot line and 500 feet from any residential zoning district, by that in the event the zoning classification of any land within 500 feet of such equipment or machinery shall be changed to residential subsequent to the operation of such equipment or machinery, the operation of such equipment or machinery may continue henceforth but in no case less than 100 feet from any lot line or right-of-way.

(10)

If a commercial removal of soil, sand, gravel, stone or other earth materials by reasons of its depth or other conditions constitutes or is reasonably likely to constitute a danger to public health, safety or welfare, then a fence shall be erected around it. The fence shall be six feet in height, shall be adequate to prevent trespass, and shall be placed no closer than 50 feet to the edge of any slope. The planning commission may take into account existing land conditions (e.g. rivers, drains, lakes, swamps) and manmade improvements or facilities (e.g. interstate highways, railroads) which may also serve as barriers, thereby reducing the need for fencing.

(11)

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

(12)

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

(13)

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

(14)

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

(Comp. Ords. 1988, § 15.721; Ord. No. 146, 1-21-2008)

Miniwarehouses shall be permitted as a special land use in the B-2 general business district, and as a permitted use in the I-1 light industrial and I-2 heavy industrial districts, in all cases subject to the requirements of this chapter and the following special standards:

(1)

Site area and location; access. The site shall be at least two acres in size and shall be located on a paved major thoroughfare having a planned right-of-way of 150 feet as defined on the township thoroughfare plan and shall not directly abut an RS, RM, or CR district. The only access to the site shall be from the major thoroughfare.

(2)

Storage to be enclosed; "open front" storage. All storage on the site shall be kept within enclosed buildings, except that up to 50 percent of the storage units may be "open front" three-sided buildings for the storage of boats, recreational vehicles, snowmobiles, and automobiles. The "open front" of such buildings shall face the interior of the complex.

(3)

Buffers and landscaping. Buffering shall be required as provided by section 30-434. In addition, the front yard shall be provided with a landscaped earth berm configured in accordance with design standards as set forth in section 30-434. All other areas not paved shall be landscaped with deciduous and coniferous plant materials permitted by this chapter. Maintenance of the landscaping shall be sufficient to maintain it in good condition.

(4)

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

(5)

Lighting. All lighting shall comply with section 30-431.

(6)

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

(7)

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

(8)

Supervision. The area shall be properly policed by the owner or operator for removal of trash and debris and for compliance with public and private restrictions.

(9)

Signs. Signs shall be limited to one per arterial street frontage and shall comply with the requirements of section 30-430.

(10)

Caretaker's residence. A residence for a resident caretaker or manager may be constructed on the premises. The residence shall comply with all provisions of this chapter and the township building code.

(11)

Storage of explosive or radioactive materials. No explosive or radioactive materials shall be stored on the premises.

(12)

Construction materials. Buildings shall be constructed of decorative, pre-finished concrete block or other material approved by the planning commission which is durable, decorative, and low-maintenance in nature.

(13)

Fencing. The complex shall be entirely surrounded by a rustproof chainlink security fence no less than eight feet in height.

(Comp. Ords. 1988, § 15.735)

Child care centers, nursery schools, and day nurseries (see definition) may be permitted in the RE, RS, RM and CR Residential Districts and in the B-1, Neighborhood Business Districts subject to the following special approval requirements:

(1)

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

(2)

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

(Comp. Ords. 1988, § 15.723; Ord. No. 146, 1-21-2008)

A convalescent or rest home, or a home for the aged, indigent or physically handicapped, or an orphanage, is permitted in the AG, RE, RS, and RM districts subject to the requirements of this chapter and the following special standards:

(1)

Site requirements.

a.

All ingress and egress shall be directly onto a public road having a planned right-of-way of not less than 86 feet as indicated on the township's adopted thoroughfare plan.

b.

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

(2)

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

(3)

Off-street parking requirements.

a.

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

b.

All off-street parking shall be paved and constructed to the standards shown in section 30-426.

(Comp. Ords. 1988, § 15.724; Ord. No. 146, 1-21-2008)

Outdoor theaters shall be permitted within I districts and only when the site in question is surrounded by an I district. Outdoor theaters shall further be subject to the following conditions:

(1)

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

(2)

Outdoor theaters shall abut directly upon a paved major thoroughfare of not less than 120 feet of right-of-way.

(3)

Points of ingress and egress shall be available to the outdoor theater only from abutting paved major thoroughfares of not less than 120 feet of right-of-way width and shall not be available from any residential street.

(4)

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

(5)

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

(Comp. Ords. 1988, § 15.728)

Public and private colleges and universities and other similar institutions are permitted in the AG, RE, RS, CR, and RM districts subject to the requirements of this chapter and the following special standards:

(1)

Site requirements. All ingress and egress shall be directly onto a paved public road having a planned right-of-way of not less than 86 feet as indicated on the township's adopted thoroughfare plan.

(2)

Yard and building placement requirements.

a.

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

b.

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

c.

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

(3)

Off-street parking requirements.

a.

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

b.

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

(Comp. Ords. 1988, § 15.725; Ord. No. 146, 1-21-2008)

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

(1)

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

(2)

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

(3)

All sides of the development not abutting a major thoroughfare shall be provided with a 20-foot greenbelt planting and solid masonry wall so as to obscure from view all activities within the development and to reduce noise. The planting shall be in accordance with section 30-429.

(Comp. Ords. 1988, § 15.731)

Manufactured home sales, travel trailer rental and sales, and outdoor business storage and sales are permitted upon special approval in the B-2 district subject to the requirements of this chapter and the following special standards:

(1)

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

(2)

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

(3)

When adjacent to AG, RE, RS, RM, or CR districts, there shall be provided a completely obscuring masonry wall, four feet six inches in height, along the abutting district.

(4)

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

(Comp. Ords. 1988, § 15.726; Ord. No. 146, 1-21-2008)

Public utilities buildings, including telephone exchange buildings and repeater stations, electric transformer substations and stations and gas regulator stations (all without storage yards), when operation requirements necessitate the locating within the district in order to serve the immediate area, are permitted in the AG, RE, RS, and RM districts subject to the requirements of this chapter and the following special conditions:

(1)

An obscuring wall or earth berm shall be provided in accordance with section 30-434.

(2)

All parking and driveway areas shall be paved and constructed in accordance with section 30-426.

(Comp. Ords. 1988, § 15.727; Ord. No. 146, 1-21-2008)

Bed and breakfast establishments are permitted in the B-2 General business district and may be permitted as a special land use in the AG Agricultural district, the CR commercial recreation and open space district and the B-1 neighborhood business district subject to the provisions of this chapter and to the following additional requirements:

(1)

The rooms utilized are not specifically constructed for rental purposes. A bed and breakfast establishment shall consist of a single residential structure of at least 2,000 square feet of gross floor area and shall fit the definition of bed and breakfast in section 30-3.

(2)

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

(3)

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

(4)

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

(5)

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

(6)

One non-illuminated sign is permitted subject to the requirements of section 30-430.

(7)

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

(8)

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

(9)

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

(10)

Off-street parking shall be provided in accordance with section 30-425 requirements for a motel, hotel, or other commercial lodging establishment.

(11)

Off-street parking, access drives, and maneuvering lanes shall be provided in accordance with section 30-426 requirements for layout, standards, construction, and maintenance.

(12)

The planning commission shall consider and determine under the general requirements and procedures (section 30-452) for special land uses, the degree to which, if any, that the requirements under sections 30-429, 30-434, and 30-445 shall apply.

(Ord. No. 139, art. 6, 4-19-2004)

Cross reference— Utilities, ch. 28.

Group day care home with seven to 12 children (as defined under Public Act of 116 of 1973, as amended, see definition) are permitted in the AG, RE, and RS districts subject to the requirements of this chapter and the following special standards:

(1)

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

(2)

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

a.

Another group day care home.

b.

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

c.

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

d.

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

(3)

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

(Ord. No. 146, 1-21-2008)

Landing areas for the private use of the property owner may be permitted in the AG, Agricultural and CR, Commercial Recreation and Open Space Districts as an accessory use to a single-family dwelling; and in I-1 and I-2, Industrial Districts subject to the following provisions:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

Yard and placement regulations.

a.

The site shall not abut directly or across a street an RE, RS, or RM district.

b.

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

(7)

In the AG or CR districts, the property owner shall construct a residence within two years or be required to obtain a two year renewable license from the governing township authority.

(8)

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

(9)

Prohibited uses.

a.

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

b.

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

(10)

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

(Ord. No. 146, 1-21-2008; Ord. No. 148, 12-15-2008)

(a)

Feedlots (see definition) may be permitted upon special approval in the AG, Agricultural and the I-2 Heavy Industrial Districts subject to the following conditions:

(1)

Any pen, corral, or structure where livestock and/or farm animals are maintained as a feedlot, or where swine are raised shall be sited in accordance with the Michigan "generally accepted agricultural and management practices" (GAAMPS) under PA 261 of 1999. The applicant shall demonstrate in his site plan that GAAMPS standards are to be met.

(2)

The raising of fowl, poultry, quail, or other game birds or their by-products shall be conducted within an adequately fenced area or an enclosed building and shall be sited in accordance with the Michigan "generally accepted agricultural and management practices" (GAAMPS) under PA 261 of 1999. The applicant shall demonstrate in his site plan that GAAMPS standards are to be met. The killing and dressing of fowl are permitted provided that the operation is conducted within a building. All waste parts or offal must be immediately disposed of and no outdoor storage of offal shall be permitted.

(b)

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

(Ord. No. 146, 1-21-2008)

Lumber and building material dealers (including home improvement centers) may be permitted in the B-2, General Business and I-1, Light Industrial Districts, as a special approval use, and as a permitted use in the I-2, Heavy Industrial Districts, all subject to the following special standards:

(1)

The site shall abut only land zoned B-2, General Business, I-1, Light Industrial or I-2, Heavy Industrial or a public street. All plans for the erection of signs shall be submitted to the zoning administrator for review and approval and shall be further subject to all codes and ordinances of the township.

(2)

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

(Ord. No. 146, 1-21-2008)

Hotels and motels may be permitted in the B-2, General Business District subject to the following standards:

(1)

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

(2)

No kitchen or cooking facilities within the units are to be provided with the exception of the manager's or caretaker's units.

(3)

Each unit shall contain no less than 250 square feet of floor area.

(4)

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

(Ord. No. 146, 1-21-2008)

Drive-in, fast food, or carry-out restaurants may be permitted in the B-2, General Business District subject to the following extra standards:

(1)

Ingress and egress points shall be located at least 30 feet from the intersection of any two streets measured from the intersection of the street right-of-way to the nearest end of the curb radius and shall be directly from a major thoroughfare having an existing or proposed right-of-way of at least 120 feet in width.

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

Except for approved drive-in restaurants, it shall be unlawful for any person to consume or for any restaurant owner, operator, manager, franchise holder, or anyone else in authority to allow or permit the consumption of foods, frozen desserts, or beverages in motor vehicles parked upon the restaurant premises or at other facilities on the premises outside the building.

(8)

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

(Ord. No. 146, 1-21-2008)

Motor vehicle repair and service facilities may be permitted in the B-2, General Business, I-1 Light Industrial, and I-2, Heavy Industrial Districts subject to the following standards:

(1)

All activities shall be conducted in an enclosed building.

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(8)

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

(Ord. No. 146, 1-21-2008)

Motor vehicle washing, conveyor or non-conveyor types, may be permitted in the B-2, General Business District when completely enclosed in a building, except for points of ingress and egress, and subject to the following standards:

(1)

All cleaning operations shall be completely enclosed within a building.

(2)

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

(3)

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

(4)

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

(5)

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

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

(6)

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

(7)

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

(8)

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

(9)

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

(10)

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

(11)

Gasoline sales shall be permitted on the property provided there is compliance with section 30-572(4) and section 30-304, (2) Automobile service stations.

(Ord. No. 146, 1-21-2008)

Intent: A utility grid wind energy system (wind farm) is a wind energy system that is designed and built to provide electricity to the electric utility grid. These wind farms are intended to be so constructed and located to be compatible with other land uses such as farms and heavy industrial uses, while protecting and being distant from residential developments. An anemometer tower shall abide by the same regulations below for a utility grid wind energy system and shall be removed before a utility grid wind energy system is installed. Utility grid wind energy systems may be permitted as a special land use in the AG, Agricultural, I-1, Light Industrial and I-2, Heavy Industrial districts subject to the following conditions:

(1)

Setbacks. Any towers shall be setback a minimum of 1,320 feet from any residential district, except the AG, Agricultural district, and 1,000 feet from any existing off-site residence, and 1,000 feet from the mid-point of an vacant property adjoining the subject site. Furthermore, the base of any tower shall be setback from the nearest property line, a distance of not less than one and one-half times the height of the tower. In addition, no part of the wind energy system, including any guy wire anchors, may extend closer than 40 feet to any property line or existing right-of-way line, unless a plan for location(s) of accessory structures and equipment is presented (including screening) and is approved as part of the site plan. Land included within such minimum setback areas from a property line shall remain undivided and undeveloped with other structures not accessory to the tower.

(2)

Noise. Sound pressure levels shall not exceed 55 dB(A) at the property line closest to the wind energy system. This sound pressure level may be exceeded during short-term events such as utility outages and/or severe wind storms. If the ambient sound pressure level exceeds 55 dB(A), the standard shall be ambient dB(A) plus 5 dB(A).

(3)

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

(4)

Safety.

a.

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

b.

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

c.

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

d.

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

(5)

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

(6)

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

(7)

Miscellaneous requirements.

a.

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

b.

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

c.

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

d.

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

(8)

Decommissioning. The utility grid wind energy system (wind farm) and all appurtenances thereto shall be removed from the site within one year after the wind energy system is no longer in use (not generating any electricity for over 12 continuous months). The owner of the land upon which the system is located shall be responsible for such removal. A wind energy system which is not so removed shall constitute a public nuisance per se.

The applicant shall post a bond (cash or irrevocable bank letter of credit) with the township in an amount sufficient for the removal of the utility grid wind energy system (wind farm) including all accessory buildings and structures, clean up of site including removal of the foundations and restoration of the site to a condition equal to or better than that which existed prior to the installation of the system.

(9)

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

a.

That all of the above regulations (subsections (1)—(8)) still apply, but to the whole rather than individual properties,

b.

That a written agreement among the participating property owners has been signed and recorded at the County Register of Deeds, and

c.

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

(Ord. No. 151, art. 4, 5-17-2010)