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

(Ord. of 7-25-07)

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

(Ord. of 7-25-07)

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

(Ord. of 7-25-07)

An application for a special land use approval permit shall contain: the applicant's name and address in full; a statement that the applicant is the owner involved or is acting on the owner's behalf; the address of the property involved; a site plan in accordance with Section 132.1416, except as provided herein, and a statement of supporting data, exhibits, information, and evidence regarding the required findings set forth in this ordinance.

(Ord. of 7-25-07)

Upon receipt of an application for a special land use permit which requires a decision on discretionary grounds, one (1) notice that a request for special land use approval has been received shall be published in a newspaper that circulates in the township, and sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within three hundred (300) feet of the boundary of the property in question, and to the occupants of all structures within three hundred (300) feet. The notice shall be given not less than fifteen (15) days before the date the application will be considered. If the name of the occupants is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one (1) occupant of a structure, except that if a structure contains more than one (1) dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one (1) occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four (4) 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 that is the subject of the special land use request.

3.

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

4.

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

5.

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

(Ord. of 7-25-07)

The Planning Commission shall review the particular circumstances and facts of each proposed use with respect to the proposed site, lot, or parcel. In addition to the specific standards applicable to certain types of special land uses, as set forth beginning with Section 132.1310, the following required general standards shall comprise the Planning Commission's criteria for reviewing and approving or rejecting a special land use application:

1.

Will be in accordance with the general objectives, intent, and purposes of this ordinance.

a.

Will be consistent with maintenance of the public health, safety, and welfare.

b.

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

2.

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

3.

Will be of a nature that will make vehicular and pedestrian traffic no more hazardous than is normal for the district involved, taking into consideration vehicular turning movements in relation to routes of traffic flow, proximity and relationship to intersections, adequacy of sight distances, location and access of off-street parking and provisions for pedestrian traffic, with particular attention to minimizing child-vehicle contacts in A-1, R-1, RM-1 and MHD Districts.

4.

Will be compatible with adjacent uses of land and the natural environment.

a.

Will be of such location, size, and character that it will be in harmony with the appropriate and orderly development of the surrounding neighborhood.

b.

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

c.

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

d.

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

5.

Will promote the use of land in a socially and economically desirable manner.

6.

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

(Ord. of 7-25-07)

If the facts in the case establish that the findings and standards set forth in this ordinance apply to the proposed use, and have been met, the Planning Commission shall grant special approval. In granting a special approval use permit, the Planning Commission may impose such reasonable conditions of use as is determined necessary to protect the best interest of the township and the surrounding property, and to achieve the objectives of this ordinance. Conditions imposed shall meet all of the following requirements:

1.

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

2.

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

3.

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

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

(Ord. of 7-25-07)

1.

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

2.

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

(Ord. of 7-25-07)

1.

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

a.

If the special use has not commenced within eighteen (18) months of the approval date, or

b.

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

c.

If the special use has been abandoned for a period of six (6) months, or

d.

If work to complete the building of structures or to make other property improvements shown on the approved site plan has been abandoned for a period of six (6) months.

2.

The Planning Commission may grant a special land use permit holder one or more six- (6) month extensions of time if good cause is shown and the request for an extension is received by the Planning Commission chairperson prior to the permit's expiration.

3.

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

4.

Violation of an approval requirement or of a condition imposed in accordance with 132.1307 shall be considered a violation of this ordinance and grounds for the Zoning Administrator to suspend such special approval land use permit until review by the Planning Commission. After notice to the permit holder and a hearing, the Planning Commission shall determine if a violation has indeed occurred. In the case of a violation, the Planning Commission shall direct such corrective action as it determines is necessary to bring conformance with this ordinance, or the Planning Commission shall cancel the special approval land use permit in question.

(Ord. of 7-25-07)

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

1.

General regulations.

a.

All such utility lines shall follow existing utility corridors, where possible and reasonable, as determined by 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 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, whenever possible, throughout the remainder of the corridor not affected by the actual installation of approved facilities.

d.

Non-compliance with any part of this ordinance, or any other township ordinance, shall be grounds for the township acting to withdraw its approval or conditional approval of any use regulated hereunder and to order such use to be discontinued.

e.

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

f.

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

g.

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

2.

Requirements for high-voltage electric transmission lines of 120kV or greater:

a.

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

b.

Corridor width shall be a minimum of two (2) 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 (¼) mile on either side of the proposed electric corridor. The existing density of occupied dwellings per square mile shall not exceed one hundred (100) in any two (2) 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 television interference within residential dwellings 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 Planning Commission may require fencing at those road crossings that 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 Planning Commission 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 above standards for the corridor width proposed, a widening of the corridor, consistent with these requirements, shall be required.

i.

During the construction or repair of any facilities approved hereunder, 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 Planning Commission.

j.

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

k.

When such lines or systems interfere with a public road by crossing such or paralleling such, any person or company, upon five (5) 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 Michigan Public Service Commission or other governmental body finds that such lines and systems are not necessary, such shall, upon exhaustion of appeals, be dismantled under regulation by the Planning Commission.

m.

The township may make reasonable requests to require the person or company granted privileges hereunder to file written reports of the current status of research on high-voltage electricity, and such reports shall be true and complete. Any privilege granted hereunder 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 said line for compliance with the standards contained herein, and submit a report of the test results to the township.

(Ord. of 7-25-07)

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

1.

No public business office or any storage yard or storage building is operated in connection therewith.

2.

The exchanges, transformer stations or transformer mats are located not less than fifteen (15) feet from any interior side property line, twenty-five (25) feet from its front property line, and thirty (30) feet from its rear property line.

3.

All required yards are to be landscaped and maintained.

(Ord. of 7-25-07)

1.

Definitions.

a.

Wind energy conversion systems (hereinafter referred to as WECS): Any device that converts wind energy to mechanical or electrical energy.

b.

Wind rotor: The blades plus hub to which the blades are attached used to capture wind for purposes of energy conversion.

c.

Tower height: The height of the actual tower, plus one-half (½) the rotor diameter on horizontal axis installations, and on vertical axis installations, the distance from the base of the tower to the top of the unit.

d.

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

2.

Applicable zones. WECS may be permitted in any zoning district subject to the following special land use approval requirements of this section.

3.

Applicability of ordinance. The standards that follow shall apply to systems intended for the provision of the electrical or mechanical power needs of the owner/operator of the system; also, such a system shall be for one (1) main building and its accessory buildings only. For systems intended for uses other than the above, Planning Commission approval shall be required. Said approval shall cover the location of the system (shown on a survey of the property) on the site, the noise generated by the system, assurances as to the safety features of the system, and compliance with all applicable state and federal statutes and regulations. Planning Commission approval shall specifically be required for arrays of more that one (1) wind energy conversion system and for systems wherein one (1) wind energy conversion system is intended to provide the electric power for more than one (1) main building.

4.

Standards for and regulation of WECS.

a.

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

b.

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

c.

Setbacks: The structural design shall be signed and sealed by a professional engineer, registered in the State of Michigan, certifying that the structural design complies with all of the standards set forth for safety and stability in all applicable codes then in effect in the State of Michigan and all sections referred to herein above. The minimum setbacks for such towers from all abutting streets or adjacent property shall be a distance equal to one and one-half (1½) times the height of the tower.

The WECS shall be located a sufficient distance from any overhead utility lines, excluding service drops, such that a structural failure of any portion of the WECS or its supporting structure will not cause any portion of it to fall within five (5) feet of utility lines.

d.

Maximum height: The maximum height permitted (without variance from the Zoning Board of Appeals) shall be fifty (50) feet unless otherwise prohibited by any state or federal statutes or regulations.

e.

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

f.

Labeling requirements: A minimum of one (1) sign shall be posted near ground level on the tower structure warning of high voltage. In addition, the following information shall be posted on a label or labels on the generator or alternator of the WECS.

(1)

The maximum power output of the system and the wind speed at which it is achieved.

(2)

Nominal voltage and maximum current.

(3)

Manufacturer's name and address, serial number and model number.

(4)

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

5.

Utility company notification. The local electric utility provider shall be notified in writing of any proposed interface with that company's grid prior to installing such interface and shall conform with any legislated requirements governing installations of WECS so as to comply with the Utility Tariff specifications.

6.

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

7.

Noise. The maximum level of noise to be generated by a WECS shall be sixty (60) decibels, as measured on the dBA scale, measured at each property line at any time.

8.

Miscellaneous.

a.

All electric line/utility wires shall be buried under ground except in A-1, Agricultural Districts.

b.

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

c.

When a building is necessary for storage of cells or related mechanical equipment, the building may not exceed one hundred forty (140) square feet in area nor eight (8) feet in height, and must be located at least the number of feet equal to the height of the tower from any property line.

d.

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

(Ord. of 7-25-07)

1.

Feedlots (see definition) may be permitted in the A-1, Agricultural and I-1, Light Industrial Districts subject to the following special land use approval requirements;

a.

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.

b.

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.

2.

The raising of fur bearing animals including mink, may be permitted upon special approval in the A-1, Agricultural District when located on a continuous parcel of land ten (10) acres or more in area with all buildings and outdoor runs setback one hundred (100) feet or more from all property lines; with the exception of raising mink which shall be conducted on a continuous parcel of land forty (40) acres or more in area, with all outdoor runs or breeding areas enclosed on all sides by a fence not less than four (4) feet in height and setback from all property lines a minimum distance of four hundred (400) feet.

(Ord. of 7-25-07)

1.

Intent.

a.

The intent of this section is to regulate the location and establishment of commercial composting facilities and their development and continued use. Development shall be regulated in such a fashion as to protect natural resources and the general health, safety, and welfare of the community as a whole. Regulation is also intended to preserve, protect, and enhance the social and economic well-being of those proposing the uses, in addition to the residents and property owners in the immediate surrounding area. It is also intended that the regulations ensure compliance with appropriate state, county, and local regulations, guidelines, and policies.

b.

This section is not intended, nor shall it be construed to prohibit an individual from composting yard wastes from the individual's own household, or upon the individual's own land, as long as the composting does not create a nuisance or hazard to health. Yard wastes and solid waste accumulated as part of an improvement or planting of privately owned farmland may be disposed of on the property if the method used is not injurious to human life or property, does not unreasonably interfere with the enjoyment of life and property, and does not violate any other state, county, or local act, ordinance or regulation.

c.

Activities conducted in accordance with the Michigan right to farm act, Public Act No. 93 of 1981 (MCL 286.471 et seq.), are exempt from this section.

2.

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

a.

Compost means a complex, highly stable material formed as a result of the breakdown or decomposition of compostable materials, the end product of the composting process, also known as humus.

b.

Compostable material. Compostable or organic matter and material shall include typical yard wastes and clippings such as and limited to leaves, grass clippings, vegetable or other garden debris, shrubbery or brush, and tree trimmings less than four (4) feet in length and two (2) inches in diameter that can be converted to compost humus. This term does not include stumps, roots, agricultural wastes, animal waste, sewage sludge, or garbage.

c.

Composting means a yard waste management alternative to burning and/or landfilling in which compostable yard waste is collected, processed, and recovered rather than being disposed of. Composting involves the biological decomposition of organic matter under controlled conditions characterized by piles that generate heat under aerobic conditions. Sheet composting shall not be considered as a possible special approval use under this section.

d.

Contaminants means material received along with the yard waste which cannot be composted or organic materials which are toxic, or decomposition components of organic materials which are toxic, or heavy metals which are toxic and therefore should be removed from the yard wastes ideally prior to collection, or in preparation for bundle brush, cardboard boxes, burlap wrapping, or other initial collection processes, and therefore any remaining elements should also be further removed at any stage thereafter.

e.

Yard waste. Yard wastes shall be limited to leaves, grass clippings, vegetable or other garden debris, shrubbery or brush, tree trimmings less than four (4) feet in length and two (2) inches in diameter, and wood chips that can be converted to compost humus. This term does not include stumps, roots, agricultural wastes, animal waste, sewage sludge, or garbage.

3.

Commercial composting facilities may be permitted in the A-1, Agricultural District subject to the following special land use approval requirements;

a.

A complete site management plan following the provisions of subsection 4. (below) of this Section.

b.

Letters of consistency and approval from the St. Clair County solid waste committee, the St. Clair County Health Department, and the Michigan Department of Environmental Quality-surface water quality division. In addition to letters of consistency, the applicant shall submit a letter of acknowledgement from the St. Clair County Road Commission which indicates that it is fully aware of the proposed project and of the potential impact of the proposed project on the county road system, that an understanding has been reached between the developer and the Road Commission concerning mitigation of potential impacts, and that the Road Commission has no objections to the project as proposed.

c.

Site requirements.

(1)

Parcel size. A parcel to be used for composting shall be a minimum of 20 acres in size and shall not exceed 60 acres for a single operation. The site shall be capable of accommodating a maximum of 3,000 cubic yards of leaves or other yard wastes for every one (1) acre of land. Adequate space must be provided for required setbacks, buffers, berms, and drainage systems along with room for staging areas, initial processing, windrows, screening areas, curing areas, storage of finished products, office, storage and service buildings, vehicle and processing equipment storage, internal roads, and stormwater retention basins.

(2)

Frontage. The parcel should have frontage for the entire width of the lot on a public road; however, applications will be accepted and reviewed for sites with less than full width frontage. Determinations of acceptance shall be based upon the characteristics and merits of the particular site and the ability of the site to comply with the overall intent of this Section as well as protecting the general health, safety, and welfare of the neighboring properties, the community as a whole, and the developer.

(3)

Spacing of facilities. Minimum spacing of 2,000 feet shall be maintained between individual composting operations.

(4)

Access. The site must have direct access to an all-season public road and all-season route. The access route must avoid residential areas.

(5)

Protection of surrounding land uses. Areas within the A-1, Agricultural District which are predominantly residential in nature should be avoided. If permitted, the site plan and site management plan shall clearly denote steps to be taken to mitigate adverse impacts such as noise, dust, odor, blowing yard waste debris or trash, etc. Those sites which are predominantly used as agricultural, yet abut an existing residential use shall clearly show on their site plan steps which will be taken to mitigate adverse impacts such as those listed in this subsection. Mitigation steps shall include existing and augmented vegetative buffers, use of dust control materials on internal roads, frequent monitoring of windows for excessive or unusual odor, turning of compost piles at times when prevailing winds limit exposure of surrounding residents to odors and equipment fumes, and rejection of material bags which may contain other types of contaminants.

(6)

Platting of site. Proposed sites shall not be located on lands which have been previously subdivided or platted, in accordance with Public Act No. 288 of 1967 (MCL 560.101 et seq.).

(7)

Farmland and open space preservation lands. Sites proposed to be located on lands which have been previously issued a development rights agreement under part 361 of Public Act No. 451 of 1994 (MCL 324.36101 et seq.) are prohibited for the duration of the agreement.

(8)

Soils.

(a.)

Soils considered appropriate for large scale composting facilities (i.e., operations of twenty (20) acres or larger) include those listed in this subsection which possess common characteristics of loam and loamy clay textures, slow to moderately slow permeability, high and moderate available water capabilities, rapid to medium water intake rates, and those capable of facilitating surface and subsurface drainage.

APPROPRIATE SOILS FOR COMPOSTING FACILITIES AND REQUIRED DRAINAGE

(b.)

Requests for establishing composting facilities on soil types other than those listed require review and approval of the Township Engineer in consultation with a soil scientist. Consideration of other soil types shall be based upon their permeability, capacity to absorb water and needed or proposed artificial drainage. Sites must have the ability to absorb or shed surface and subsurface water, reducing the probability of:

i.

Standing water;

ii.

Seasonal high-water tables of less than one foot; and

iii.

Restricting operation of equipment on the site.

(9)

Floodplains and wetlands. Composting facilities shall not be permitted within a one hundred-year floodplain, or within fifty (50) feet of a defined wetland. The application and site plan submitted in conjunction with a special land use request shall include a statement and map of the boundaries of any wetlands and/or one hundred-year floodplains as appropriate. Final determinations on the location of wetlands shall be made by the Michigan Department of Environmental Quality. This setback shall be maintained in a natural vegetative state, unless other improvements are advisable to protect floodplains and/or wetlands.

(10)

Protection of surface water. Composting facilities must be isolated from navigable waterways and surface water, including inland rivers, ponds, watercourses and county drains. Sites shall be at least one thousand (1,000) feet from a navigable waterway and at least five hundred (500) feet from other surface waters. This setback shall be maintained in a natural vegetative state, unless other improvements are advisable to protect surface waters.

(11)

Location near airports. The Federal Aviation Administration, in Order 5200-5A, prohibits the establishment and operation of any waste disposal facility (including yard waste composting facilities) within five thousand (5,000) feet of any "runway end" of a runway used by piston-powered aircraft, and within ten thousand (10,000) feet of any "runway end" of a runway used by turbine-powered aircraft. If the proposed facility falls within these distances, a letter of compliance from the appropriate Federal Aviation Administration office must be filed with the Township prior to consideration of an application for a special land use.

(12)

Setbacks.

a.

All structures and fixed equipment must be shown on the site plan and be setback in accordance with the requirements of the A-1, Agricultural District, except as greater setbacks may be required under this Section.

b.

Potable water supply. All operations associated with composting shall be setback a minimum of two hundred (200) feet from existing wells and/or well casings.

c.

Residential structures. All operations shall be setback at least five hundred (500) feet from existing residents.

d.

Public rights-of-way. Operations must be setback at least one hundred (100) feet from the front planned right-of-way and at least one hundred (100) feet from any property line running parallel to an improved public right-of-way.

e.

Property lines. Operations and operational activity must be setback from side and rear property lines (which do not parallel an improved public right-of-way) at least one hundred (100) feet.

(13)

Drainage and grading.

(a.)

The site shall be graded in such a fashion as to eliminate all ponding and have a uniform gradient of two (2) to three (3) percent (2.5 being optimal, two (2) percent minimum). Artificial drainage, surface and subsurface, shall be provided in accordance with the information and requirements found in subsection 3.c.(8.), and additional requirements which may be established by the Township Engineer. All surface and subsurface drainage shall be shown on the site plan.

(b.)

The site plan shall show both existing and proposed grades and elevation contours at two-foot intervals or less.

(c.)

All stormwater runoff from surface, as well as that collected through subsurface drainage systems, shall be retained on-site and designed to be used for watering composting windrows, as needed. Stormwater shall be retained in a retention pond or basin and shall not be released into the local drainage system or any surface water. This retention pond or basin shall be clearly shown on the site plan together with the stormwater management system designed for the site. The stormwater management system shall be designed to prevent runoff from entering the staging, initial processing, curing and final product storage areas. The proposed site design shall minimize and prevent as much as possible, ponding of water in these areas, along access roads, or within that area containing active composting windrows.

(14)

Emergency access. All areas of the proposed site with active operations shall maintain access for emergency vehicles by means of internal all-weather service roads approved by the Township Engineer.

(15)

Buffers.

(a.)

Setbacks from side and rear property lines shall be maintained as buffers from surrounding land uses. Property lines shared with existing residential land uses shall contain adequate vegetation to screen windrows, staging, and curing areas, as well as outside storage areas, from view of residential property while vegetation is in foliage. In lieu of natural vegetation or supplementing with installed vegetation, a four-foot berm within the setback may be substituted. The berm must be seeded with grass to eliminate erosion and planted on top with a mixture of evergreens and deciduous trees planted at minimal intervals of ten (10) feet.

(b.)

Front yards and setbacks shall be landscaped with grass, trees, shrubs and berms. Required setback landscaping shall be shown on the site plan, identifying the location and species being planted.

(16)

Access.

(a.)

Site access shall be controlled by a locking gate at the entrance to the facility. The gate and accompanying fencing shall be designed as to reduce the probability of after-hours and illegal dumping on the site. Public access to the site shall be from a public road in accordance with the requirements of subsections 3.c.(2) and (4). Interval service roads shall allow for year-round access to the rear of the property and include, as a minimum, a turnaround at the terminus of this road. Internal roads or drives open to the public shall be designed as to accommodate maximum traffic flow with minimal congestion.

(b.)

Internal roads open to the public, as well as service roads which provide access to the rear of the lot, shall be elevated above surrounding grade and shall be graded in a manner which allows for adequate drainage. The road base shall be constructed of stone or gravel or some other material found acceptable to the Township Engineer.

(17)

Testing of soil and groundwater.

(a.)

Prior to the public hearing, soil and groundwater from the site must be sampled and analyzed by an independent laboratory with results forwarded to the St. Clair County Health Department and a copy to the Township zoning administrator. Samples shall be taken at several locations within the proposed site and at two levels, one shallow and the second deeper, immediately above the first encountered aquifer. These samples shall be tested to establish a base level for chemical contaminants which may be present in the soil and groundwater. A second test shall be performed on soil taken from shallow depths in that area which is proposed to be used for compost windrows. This second test shall be used to establish a base level for biological oxygen demand (BOD).

(b.)

If a site is found to contain chemical contaminants at an unacceptable level, a permit will not be issued until the source of the contamination is discovered and the Michigan Department of Environmental Quality has made a determination that the site can be used for the proposed composting facility.

(c.)

Once in operation, composting facilities shall have their soil and groundwater tested and analyzed annually for chemical contaminants and biological oxygen demand as stated in this subsection by an independent laboratory, and forward the results to the St. Clair County Health Department with a copy to the Township zoning administrator.

(d.)

If soil or groundwater is found to have levels of chemical contaminants at a level higher than that found in the base sample, and if biological oxygen demand levels tested below existing windrows are found to be elevated, the facility will be required to refuse acceptance of additional yard wastes. In placing this restriction on the facility, the township shall also restrict removal of finished product from the site until the finished compost is found not to be contaminated above acceptable levels. Testing of the finished product shall be conducted by an independent laboratory with the analyzed results forwarded to the St. Clair County Health Department and a copy to the Township zoning administrator.

(e.)

Once a decision has been made that the level of chemical contaminants is higher than that found in base samples of soil, groundwater, and biological oxygen demand levels, and a determination has been made by the St. Clair County Health Department and the Michigan Department of Environmental Quality, upon review of analyzed data submitted by the independent testing laboratory, that soil or groundwater is contaminated above acceptable levels, or biological oxygen demand levels are found to be at an unacceptable level, the Zoning Administrator shall suspend the zoning compliance permit. The zoning compliance permit shall be reinstated once a finding has been made by the Michigan Department of Environmental Quality that the site can once again be actively occupied and used by the compost facility.

(18)

Signs. One non-illuminated monument sign containing the name and address of the facility shall be installed in the required front yard. The sign shall not exceed thirty-two (32) square feet in area and six (6) feet in height. The entrance shall be provided with a permanent sign, not to exceed twelve (12) square feet in area, displaying hours of operation and materials accepted. Signs prohibiting dumping, not to exceed one square foot in area, shall also be installed at seventy-five-foot intervals along the front property lines and along side property lines abutting a road.

(19)

Storage areas. Outside equipment storage areas shall be screened from view from public streets and abutting residential land uses. Storage of any equipment or vehicles not directly associated with the primary use of the land shall be prohibited.

(20)

Storage of contaminants. No more than ten cubic yards of contaminants which have been removed from incoming material may be stored at one time on the site. Contaminants must be stored in an enclosed container on an impermeable surface and screened from view from abutting public streets and surrounding residential land uses. The location of the enclosed container and the location and type of screening to be used shall be shown on the site plan.

(21)

Water source. Composting facilities must be provided with a source of water for moisture needed during the composting process. The source and location shall be shown on the site plan.

(22)

Fencing. A minimum six-foot chain-link fence shall be provided along all property lines shared with a public right-of-way. Side and rear property lines perpendicular to a public right-of-way must be provided with a minimum six-foot chain-link fence originating at the property corner and running one hundred (100) feet along the side (or rear) property lines.

4.

Site management plan. Applicants shall submit a site management plan as a component of their application for a special land use permit. The site management plan shall contain, as a minimum, the following information:

a.

The name, address, and telephone number of the owner of the land of the subject site;

b.

The name, address, and telephone number of the applicant making a request for the special land use permit;

c.

The name, address, and telephone number of the person who will be managing the actual composting facility;

d.

An outline of the management structure, complete with names, titles, addresses, and telephone numbers;

e.

Location, size and legal description of the total land area proposed for such use;

f.

The projected capacity of the facility, including shredded leaves, grass, and brush; and targeted quantities to be processed, incoming and outgoing;

g.

A statement on the population intended to be served by the facility (where the compostable material will be received from, including evidence of contracts), and how this material will be brought to the site;

h.

Types of materials to be composted and what form the materials will be accepted in; and procedures for monitoring incoming and outgoing material, and controlling the disposal or refusal of unacceptable materials;

i.

Method of composting to be used (sheet composting is prohibited);

j.

Types and number of equipment to be used (i.e. shredders, front-end loaders, windrow turning machine, screening and shakers, etc.);

k.

The location, type, size, and proposed contents of all fuel storage facilities, and details on primary and secondary containment systems for all hazardous materials stored on-site;

l.

Personnel, with the number to be employed and duties of each;

m.

An outline of the operational cycle and timetable beginning with acceptance of material on-site to the sale or other disbursement of the final product(s) and disposal of any waste byproducts. This outline shall include plans for the processing or staging of material (i.e., chipping, mixing materials, windrow formation, material layering, watering), the compost activity (i.e., windrow turning, monitoring moisture content and temperature, windrow combining, curing and finishing, including screening), and the distribution of the final product;

n.

Operational details, including the hours of operation and days of the week that the facility will be open throughout the year;

o.

A list of the chemicals or accelerating agents to be used, including bacteria, fungi, or nitrogen, including established guidelines for use and storage of these agents;

p.

A statement on the methods to be used to monitor and ensure protection of the environment (odor, dust, noise, blowing yard waste debris and/or trash, anaerobic problems, methane production). This shall include an outline of the necessary steps which will be taken to reverse a breakdown in the composting system or pollution problem;

q.

Plans for the disposition of non-marketable compost;

r.

A plan for the disposition of the final products. This plan shall encompass targeted users, projected quantities to be produced and distributed, and the manner of distribution and sales (i.e., retail, individual bags, truckloads, or wholesale). The applicant shall present to the township a copy of the applicant's registration issued by the Michigan Department of Agriculture as evidence of compliance with part 85 of Public Act No. 451 of 1984 (MCL 324.8501 et seq.);

s.

Evidence on the previous use, or non-use, of the proposed site for waste disposal;

t.

Statements indicating that the applicant is aware of, has read, and understands, as they apply to the proposed composting operation, public acts of the state, including part 31 of Public Act. No. 451 of 1994 (MCL 324.3101 et seq.), part 55 of Public Act No. 451 of 1994 (MCL 324.5501 et seq.), part 361 of Public Act No. 451 of 1994 (MCL 324.36101 et seq.) and part 85 of Public Act No. 451 of 1994 (MCL 324.8501 et seq.). This plan shall also include a copy of the applicant's soil erosion and sedimentation control permit, as evidence of compliance with part 91 of Public Act of 1994 (MCL 324.9101 et seq.); and

u.

A contingency operations plan which addresses action to be taken in the event of a natural disaster, (building, equipment, brush and/or grass, or yard waste) fires, equipment failure, extended adverse weather, severe storms, unauthorized receipt or dumping of hazardous material, or a breakdown in the composting process resulting in odor, dust, or off-site surface water or groundwater contamination. These plans shall address reserve or alternate equipment, alternative handling methods, agencies to be contacted or alerted, and alternative operational plans.

5.

Acceptance of intrastate out-of-county waste. Yard waste composting facilities regulated by this Section shall not accept, for composting, yard waste that is generated within that state of Michigan, but outside of St. Clair County unless the acceptance of such generated yard waste is explicitly authorized in the approved St. Clair County solid waste management plan.

6.

Availability of facility for township resident use. The proposed facility must be available for use by all residents of Cottrellville Township during regular operating hours. The facility shall be open to township residents each Saturday of the month for a minimum of six hours from April 1 to December 1. The operator may charge township residents a fee for tipping and purchase of finished product.

7.

Inspections and reports.

a.

The township shall require an escrow account to be established for each composting facility to cover the cost of annual inspections and reports. The amount shall be established by the township board after consultation with the zoning administrator and the township engineer. The escrow account balance shall be reviewed annually and any additional amount to be paid in annually shall be determined by the township board. Failure to maintenance the escrow account balance as required by the township board shall be deemed a violation of the special land use permit.

b.

The zoning administrator shall schedule annual inspections for each composting facility to ensure compliance with special land use requirements and any conditions that may have been applied. The zoning administrator shall also note any conditions of a composting facility that have significantly changed in a manner that was not foreseen after the original special land use was approved. The zoning administrator may request review of, and a report on the composting facility and conditions by the township engineer and/or other appropriate expert(s), the cost of which shall be borne by the applicant through direct payment and/or withdrawal from the escrow account. The zoning administrator shall make a report to the Township Planning Commission on each annual inspection.

c.

The Township may also require an annual summer inspection for rodents, which may be scheduled with the regular annual inspection or upon receipt of a signed complaint of the sighting of rodents, to be conducted by a licensed pest control company. Copies of the resulting report shall be transmitted directly to the Township zoning administrator by the pest control company. If rodents are detected, appropriate measures shall be taken to capture or exterminate the rodents in an environmentally safe manner. Costs for rodent inspection and control shall be borne by the applicant through direct payment and/or withdrawal from the escrow account.

d.

The composting facility shall be open to inspection by the local fire inspector, the St. Clair County Health Department officials, and the Township zoning administrator at all times.

8.

Performance guarantee. A cash bond or an irrevocable bank letter of credit in an amount sufficient to cover the estimated cost of improvements associated with a project regulated under this Section as a guarantee for their completion shall be deposited with the township clerk. The amount of the guarantee shall be determined by the township board upon receipt of a recommendation from the township engineer. These improvements shall mean those features and actions associated with the project which are considered necessary by the township engineer (with consultation with the township planner and zoning administrator as necessary) to protect natural resources, or the health, safety, and welfare of the residents of the township and future users or inhabitants of the proposed project, or project area. Improvements shall include roadways, grading on- and off-site, utilities, fencing, berming, screening, drainage, and source of water. Improvements do not include the entire project with all elements of it, or the entire area of subject parcel of land if it is not proposed to be fully utilized.

(Ord. of 7-25-07)

Kennels public, private, or commercial (as regulated under Article 4, Section 8, St. Clair Co. Dog Control Ordinance) and veterinarian clinics, including the offices may be permitted in the A-1, Agricultural, B-2, General Business and I-1, Light Industrial Districts subject to the following special land use approval requirements;

1.

The subject property is so located as not to hinder any natural residential development which may exist or which may be already be occurring within the area,

2.

The subject property contains a minimum contiguous parcel of land, five (5) acres or more in area,

3.

No runs, associated kennels, or run building shall be closer than 100 feet to any abutting property line,

4.

In the B-2 Districts there shall be no outside runs or keeping of animals. In the A-1 and I-1 Districts all runs or breeding areas shall be enclosed by a chain link fence not less than six (6') feet in height,

5.

Parking. One (1) parking space is provided for every five kennel runs. For office space, waiting room(s), and similar space open to the public; one parking space is required for each 15 square feet of usable floor area, one parking space is required for each examining room or similar area, and one parking space is required each person working on the premises.

6.

If the use is of a commercial nature in the B-2 District, all parking and drives shall be constructed and paved.

7.

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 kennel to demonstrate in his proposal that adequate means of noise control will be provided, shall be grounds to deny approval by the Planning Commission.

(Ord. of 7-25-07)

Bed and breakfast facilities may be permitted in the A-1, Agricultural, R-1, One-Family Residential, and B-1, Local Business Districts subject to the following special land use approval requirements;

1.

One (1) off-street parking space shall be provided for each leasable bedroom in addition to the two (2) parking spaces required for the residential dwelling.

2.

One (1) non-illuminated sign, identifying the establishment, not to exceed four (4) square feet in area and not closer to the street line than fifteen (15) feet shall be allowed.

3.

The subject dwelling shall be the principal residential dwelling unit on the property and shall be owner-occupied at all times.

4.

The dwelling shall have at least two (2) exits to the outdoors.

5.

Not more than six (6) sleeping rooms in the dwelling may be used for rental purposes.

6.

No more than forty (40) percent of the dwelling may be used for rental sleeping rooms.

7.

Not more than eighteen (18) overnight guests may be accommodated at any time,

8.

The rooms utilized for sleeping shall be a part of the primary dwelling at the time of enactment of this amendment and not specifically constructed for rental purposes,

9.

The rental sleeping rooms shall have a minimum size of one hundred (100) square feet for each two (2) occupants with an additional thirty (30) square feet for each occupant.

10.

Lots or parcels must meet the area and width requirements as specified by Article IX, Schedule of Regulations.

11.

The applicant must provide a floor plan drawn to scale for the Planning Commission's consideration.

12.

The sale of any commodity, product or services that are not accessory shall not be provided.

13.

Each owner/operator of a bed and breakfast shall keep a guest registry, which shall be available for inspection by an appropriately assigned Township official at any time.

14.

The length of stay for each guest shall not exceed fourteen (14) days within any thirty-day period.

15.

Vehicular access to the bed and breakfast facilities shall be via private entrance drive. The use of shared drives shall not be permitted.

16.

Such bed and breakfast establishments shall be located five hundred (500) feet or more apart, unless the Planning Commission finds justification to waive this limit.

(Ord. of 7-25-07)

Group day care home with seven (7) to twelve (12) children (as defined under Public Act of 116 of 1973, as amended, see definition) may be permitted in the A-1, Agricultural, R-1, One-Family Residential, RM-1, Multiple-Family Residential, and MHD, Manufactured Home Development Districts subject to the following special land use approval requirements;

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 one thousand five hundred (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 (7) 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. of 7-25-07)

Private non-commercial recreational areas; institutional or community recreation centers; non-profit swimming pool clubs may be permitted in the A-1, Agricultural, R-1, One-Family Residential, RM-1, Multiple-Family Residential, and MHD, Manufactured Home Development Districts subject to the following special land use approval requirements;

1.

The proposed site for any of the uses permitted herein which would attract persons from, or are intended to serve, areas beyond the immediate neighborhood shall have at least one (1) property line abutting a major thoroughfare as designated on the Major Thoroughfare Plan, and the site shall be so planned as to provide all access in accordance with Section 132.1418.

2.

Front, side, and rear setbacks shall be at least one hundred (100) feet wide, and shall be landscaped with trees, shrubs, and grass. All such landscaping or structures (fences, walls, berms) permitted within these setbacks shall be used to obscure the use from, or shall be used to positively (desirable rather than negative impacts) relate this special land use to land and uses in an abutting A-1, R-1, RM-1 or MHD District and to any public right-of-way.

3.

Off-street parking shall be provided so as to accommodate not less than one-half (½) of the member families and/or individual members. The Planning Commission may modify the off-street parking requirements in those instances wherein it is specifically determined that the users will originate from the immediately adjacent areas, and will therefore be pedestrian. Prior to the issuance of a building permit or zoning compliance permit, by-laws of the organization shall be provided in order to establish the membership involved for computing the off-street parking requirements. In those cases wherein the proposed use or organization does not have by-laws or formal membership, the off-street parking requirement shall be determined by the Planning Commission on the basis of usage.

4.

Whenever a swimming pool is constructed under this Ordinance, said pool area shall be provided with protective improvements in accordance with the Michigan Building Code.

(Ord. of 7-25-07)

Large scale recreation uses, including driving ranges 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 A-1, Agricultural Districts subject to the following special land use approval requirements;

1.

Site requirements.

a.

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

b.

All vehicular ingress and egress from the site shall be directly onto a thoroughfare having a designed right-of-way on the township's adopted thoroughfare plan of not less than eighty-six (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, driveway, 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 one hundred (100) feet to any property line adjacent to an R-1, RM-1 or MHD District and to any public right-of-way; provided that, where topography conditions are such that the building would be screened from view, this requirement may be modified by the Planning Commission.

b.

No activity shall take place within 30 feet of the perimeter of the recreation area. All such activities shall be adequately screened from property within an abutting R-1, RM-1, or MHD District by means of a protective wall or greenbelt as described in Sections 132.1414 and 132.1423.

c.

Related accessory commercial uses may be permitted in conjunction with a large scale recreational 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 primary recreational 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 Ordinance.

3.

Other requirements.

a.

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. All new gun and hunt clubs, shooting and archery ranges and any additions to such uses shall be designed by an engineer or architect licensed by the State of Michigan, shall have an environmental stewardship plan including best management practices. The environmental stewardship plan should be based on guidelines of the Michigan United Conservation Club (MUCC) or other similar reputable source. All new shooting ranges shall meet or exceed the design standards of the National Rifle Association (NRA). Operations using firearms shall not begin before 8:00 A.M. nor continue beyond 9:00 P.M.

b.

Combat game areas. This type of use shall be conditioned similarly to gun clubs, except that the use of an engineer or architect shall not be required and the NRA design standards are not applicable.

4.

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

5.

Adequate restroom facilities must be provided for all customers.

(Ord. of 7-25-07)

Golf courses may be permitted in the A-1, Agricultural, R-1, One-Family Residential, RM-1, Multiple-Family Residential, and MHD, Manufactured Home Development Districts subject to the following special land use approval requirements;

1.

The site shall be so planned as to provide all access in accordance with Section 132.1418.

2.

The site plan shall be laid out to achieve a relationship between the major thoroughfare and any proposed service roads, entrances, driveways, and parking areas which will encourage pedestrian and vehicular traffic safety.

3.

All development features including the principal building and any accessory buildings or structures are so located and related to minimize the possibility of any adverse effect upon adjacent property. This shall mean that all principal or accessory buildings shall be not less than one hundred (100) feet from any property within an abutting A-1, R-1, RM-1 or MHD District or public rights-of-way; provided that where topographic conditions are such that the building(s) would be screened from view, the Planning Commission may modify this requirement.

4.

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

5.

Whenever a swimming pool is to be provided, said pool shall be provided with a protective improvements in accordance with the Michigan Building Code.

6.

Off-street parking shall be provided in accordance with the provisions of Section 132.1405.

(Ord. of 7-25-07)

Landing areas for the private use of the property owner may be permitted in the A-1, Agricultural and I-1, Light Industrial Districts subject to the following special land use approval requirements;

1.

Said landing area is subject to all applicable 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 (5) 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 private use landing area.

3.

All landing areas shall have a minimum runway with an eighteen hundred-foot landing length in each direction from a clear approach slope of 20:1 and a one hundred (100) foot usable width with an additional fifty (50) foot minimum width on each side which is free of obstructions. The approach slope with a width of not less than two hundred (200) feet shall be based on a clearance of all objects within the approach area, including a roadway clearance of fifteen (15) feet or seventeen (17) feet over an interstate highway, a railway clearance of twenty-three (23) feet, and a clearance at the property line of twenty-five (25) feet.

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.

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 or be across the street any R-1, RM-1, or MHD District.

b.

Landing areas shall be located on a contiguous parcel of land not less than twenty-five (25) acres in area. The parcel shall have a width of not less than four hundred fifty (450) feet. The parcel shall have a depth of not less than eighteen hundred (1,800) 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 A-1 District, the property owner shall construct a residence within two (2) 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 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 helicopters landing facilities shall otherwise comply with all regulations of the Michigan Aeronautics Commission and the Federal Aeronautics Administration.

(Ord. of 7-25-07)

Cemeteries may be permitted in the A-1, Agricultural subject to the following special land use approval requirements;

1.

Maximum area of recorded plots. The location of a cemetery may be permitted in a quarter section (or equivalent 160 acre block of land), when the quarter section does not have more than fifty-one (51) percent of its land area in recorded plats.

2.

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

3.

Road access. All access shall be provided from a major thoroughfare or collector thoroughfare (with a planned right-of-way of not less than eighty-six (86) feet), as shown in the adopted Cottrellville Township Master Plan.

4.

Screening. All sides of the cemetery shall be screened from any residential view by providing a continuous and completely obscuring decorative wall, fence, or buffer strip planting as described in Sections 132.1414 and 132.1423.

5.

Drainage. Approval shall be given contingent on a satisfactory drainage plan approved by the Township Engineer and the County Health Department.

6.

Site coverage. Any crypt, mausoleum, or other buildings or structures wholly or in part above the ground, other than monuments, shall together occupy not more than twenty-five (25) percent of the total lot area.

7.

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

8.

Avoidance of floodplains. Any grave, crypt, mausoleum, or other building containing bodies or remains shall not be located within any officially designated floodplain.

9.

State regulations. The proposed cemetery complies with all provisions in acts relating to cemeteries enacted by the people of the State of Michigan.

(Ord. of 7-25-07)

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 in the A-1, Agricultural Districts subject to the following special land use approval requirements;

1.

There shall be not more than one (1) entrance way from a major thoroughfare to said lot for each five hundred (500) feet of street frontage.

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 one hundred (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 one hundred (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.

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 Anti-Noise and Public Nuisance Ordinance (Part 73).

6.

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.

7.

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.

8.

All fixed equipment and machinery shall be located at least one hundred (100) feet from any neighboring lot or parcel line and five hundred (500) feet from any R-1, RM-1, or MHD district, but that in the event the zoning classification of any land within five hundred (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 one hundred (100) feet from any lot line or right-of-way.

9.

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 (6) feet in height, shall be adequate to prevent trespass, and shall be placed no closer than fifty (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.

10.

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.

11.

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 (5) 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.

12.

The operator shall file with the Township of Cottrellville 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.

13.

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.

(Ord. of 7-25-07)

Contractors, such as but not limited to, excavators, landscapers, and snow removal businesses and the storage of commercial vehicles and equipment, such as but not limited to, pickup trucks, vans, well driller's vehicles and equipment, delivery vehicles, snow plow, lawn maintenance equipment, tank trucks, semi-tractors and trailers, and construction equipment (a permitted use in the I-1, Light Industrial Dist.) may be permitted in the A-1, Agricultural Districts only when accessory to a dwelling, and subject to the following special land use approval requirements;

1.

All such uses shall be located on a township major thoroughfare, secondary thoroughfare, or collector road.

2.

All equipment or stored materials shall be set back at least one hundred (100) feet from all property lines, provided the Planning Commission may increase this requirement where additional protection is required for adjacent properties and/or uses.

3.

Adequate off-street parking shall be provided to serve the expected number of users of the commercial vehicles and for the storage of the commercial vehicles.

4.

That the number of commercial vehicles or pieces of equipment on-site shall be limited to five (5). For purposes of counting, a truck and trailer normally used together and stored together will be counted as one (1) vehicle. A piece of equipment that is stored on the trailer of a truck/trailer combination shall not be counted as an additional vehicle.

5.

Vehicles stored within a building will not be counted for the above limitations.

6.

Any hazardous materials, such as but not limited to; gasoline, diesel fuel, and motor oils, shall conform to all requirements for hazardous materials.

7.

Storage of materials, such as but not limited to; topsoil, dirt, gravel, limestone, and crushed concrete, stored on the premises for use in commercial activity will be limited to occupying no more than three thousand (3,000) square feet of contiguous ground, free standing piles, and in bins. There shall be adequate means are to be provided to prevent these materials from spreading to adjacent properties or waterways due to wind or rain.

8.

An inventory of all equipment on the property must be filed with the Township by February 1 of each year. On-site property inspections by the Township zoning administrator or his/her agents shall be permitted with twenty-four (24) hours prior notice.

9.

Whenever the proposed use is adjacent to an A-1, R-1, RM-1 or MHD District or residential use, the Planning Commission may require that a landscaped greenbelt (and berm if necessary) be provided in order to provide proper screening of the vehicle(s), equipment or material storage for the abutting A-1, R-1, RM-1 or MHD District or residential use.

10.

Other conditions may be required by the Planning Commission to insure protection of the adjoining neighborhood, such as, but not limited to, truck trips per day, total amount of material removed and/or stored on an individual site on a daily basis, special measures to reduce noise levels, and similar limitations determined to be necessary to protect the health, safety, and general welfare of nearby residents and land uses and the community as a whole.

11.

Hours of permissible operation between: 7:00 a.m. and 11:00 p.m.

12.

The operator shall apply for a special haul route with the St. Clair County Road Commission as may be required by the Road Commission. The operator shall abide by all conditions imposed by the Road Commission which may include, but is not limited to, a financial surety, maintenance conditions, and/or improvement. At the time of application for a special land use permit, the operator shall include in his/her application, the expected Road Commission requirements and a copy of the approved special haul route permit shall subsequently be provided to the Zoning Administrator.

(Ord. of 7-25-07)

Communication towers may be permitted in the A-1, B-2 and I-1 District(s) subject to the following special land use approval requirements;

1.

The tower must be setback from all property lines 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 shall not exceed six hundred (600) square feet of gross building area.

4.

All bufferyard requirements within the zoning ordinance shall be met.

5.

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

6.

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

7.

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.

8.

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

9.

Communication towers in excess of one hundred (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.

10.

All facility components and structures accessory to the maintenance and operation of 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 and structures be located within thirty (30) feet of a property line.

11.

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

12.

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.

13.

Towers with antennae shall be designed to withstand a uniform wind loading as prescribed in the Michigan Building Code.

14.

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 (8) feet above the ground at all points, unless buried underground.

15.

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

16.

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

17.

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

18.

Minimum spacing between tower locations shall be two (2) miles (regardless of municipal boundaries) in order to prevent a concentration of towers in one area.

19.

Height of the tower, including antennae, shall not exceed one hundred ninety-nine (199) feet from grade.

20.

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

21.

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

22.

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.

23.

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

24.

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 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.

25.

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.

26.

Parking and drive areas must be surfaced with 22A gravel with adequate base to support maintenance vehicles. All driveway entrances shall meet the requirements of the St. Clair County Road Commission and a permit shall be obtained from the Road Commission for each driveway entrance.

27.

Except for the driveway opening, along the entire perimeter of the tower site property, 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 (2) staggered rows of trees that are a minimum of six (6) feet tall when planted with a height at maturity of at least twenty (20) feet. Trees shall be planted on twenty-foot centers. Trees shall be eighty (80) percent evergreens and twenty (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.

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

28.

All towers that cease to be used for a period of six (6) 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 (3) months of written notice and request by the Township. If a tower is scheduled to be back in use within six (6) 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 (6) months of the notice to remove, the ZBA may grant an extension, not to exceed six (6) months.

29.

The policy of the Township is to minimize the number of communication towers within its jurisdiction. Therefore, the Township shall require the co-location of communication towers. Pursuant to this policy, the following standards apply to communication towers:

30.

All new and modified communication towers shall be designed and constructed so as to accommodate co-location of at least three users.

31.

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.

32.

An antenna(s) with supporting accessory ground equipment and structures (no additional separate 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 132.1326. The Planning Commission may also consider co-location on other extraordinarily tall structures, such as, but not limited to smokestacks, water towers, and power houses in any zoning district.

33.

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 sixty (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.

34.

Government facilities which are subject to state and federal law or regulations that preempt municipal regulatory authority.

(Ord. of 7-25-07)

An orphanage, foster home, or a home for the aged, indigent, physically or mentally handicapped, a rest or convalescent home may be permitted in the RM-1, Multiple-Family Residential District subject to the following special land use approval requirements;

1.

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

2.

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

3.

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

4.

State licensed homes for six (6) or fewer residents shall be a permitted use in all districts where single-family homes are a permitted use.

(Ord. of 7-25-07)

Nursery schools, day nurseries, and childcare centers, (see definition) may be permitted in the RM-1, Multiple-Family Residential and MHD, Manufactured Home Development, and B-1, Local Business Districts subject to the following special land use approval requirements;

1.

The childcare 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.

(Ord. of 7-25-07)

New automobile and truck agency sales and showrooms (441110) and used automobile and truck sales (441120)*, recreational vehicles (441210), motorcycles (441221), boat dealers (441222) or other motor vehicle sales areas (441229) [other than homeowners' gardening equipment and related] may be permitted in the B-2, General Business District subject to the following special land use approval requirements. (*Any person selling more than two (2) vehicles per year shall be defined as a used vehicle dealer and shall be located only in the B-2 as provided herein).

1.

The vehicle sales must be located on a site having a frontage on a thoroughfare (See Thoroughfare Plan within the Township Master Plan) of not less than one-hundred twenty (120) feet and an area of not less than twenty-thousand (20,000) square feet.

2.

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

3.

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

4.

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

5.

The outside display of new and used automobiles, trucks, and/or other vehicles shall be permitted and such storage area shall occupy no more than thirty-five (35) percent of a lot which is used for vehicle sales.

6.

A fifteen-foot landscaped setback shall be provided between any existing or proposed right-of-way line, whichever is greater, and any outdoor display of new or used vehicles.

7.

No outside loudspeaker or outside public address system shall be used.

(Ord. of 7-25-07)

Lumber yards and suppliers of prefabricated buildings and kits (444190) (permitted use in the I-1, Light Industrial Dist.) may be permitted in the B-2, General Business Districts subject to the following special land use approval requirements;

1.

The site shall abut only land zoned B-2, General Business or I-1, Light Industrial.

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 (6) feet nor more than eight (8) feet in height. Screening slats placed in a chain link fence shall not be accepted as a suitable screening device.

(Ord. of 7-25-07)

Open-air display and sales of home owner's gardening equipment, lawn and yard supplies and products, seasonal or holiday products, or other open-air display of miscellaneous products may be permitted in the B-2 General Business Districts subject to the following special land use approval requirements;

1.

Equipment, supplies, and/or products are displayed on a surface(s), at location(s), and organized in a manner determined by the Planning Commission to be appropriate such that safety is promoted, erosion and runoff are not created, customers are not inconvenienced, and neighboring properties are not adversely affected. Surfacing may include gravel and/or pavement in accordance with the standards under Section 132.1406 for parking.

2.

There be no display in areas that are required for parking, aisles, loading or sidewalks.

3.

Ingress and egress to the site shall be at least twenty-five (25') feet from a street intersection or adjacent A-1, R-1, RM-1 or MHD District.

(Ord. of 7-25-07)

Motion picture theaters (512131), and Outdoor theaters, including drive-in theaters (512132) may be permitted in the B-2 Districts and Outdoor theaters may be permitted in the I-1 Districts subject to the following special land use approval requirements;

1.

Points of ingress and egress for any theater shall only be from abutting major thoroughfare(s) (See Thoroughfare Plan as part of the Township Master Plan).

2.

Because outdoor theaters possess the unique characteristics of being used only after darkness and since they develop a concentration of vehicular traffic in terms of ingress and egress from their parking area, they shall only be permitted when the site in question is surrounded by a B-1, B-2, and/or an I-1 District(s).

3.

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

4.

The outdoor theater areas shall be laid out and screened so as to prevent the movie screen from being viewed from adjacent streets. All sides of an outdoor theater not abutting a street shall be screened with a fence or wall so as to obscure from view all activities within the development, especially for any residential areas.

5.

All lighting used to illuminate the area shall be installed so as to be confined within, and directed onto the premises of the outdoor theater site.

6.

The proposed internal design shall receive approval from the Zoning Administrator (with assistance from the Township Building Inspector and/or Engineer as needed) as to adequacy of drainage, lighting, screening and other technical aspects of the development.

(Ord. of 7-25-07)

Mini-warehouses (531130) may be permitted in the B-2, General Business Districts (permitted use in the I-1, Light Industrial Dist.), subject to the following special land use approval requirements;

1.

The site shall be at least two (2) acres in size and shall be located on a paved major thoroughfare (See Thoroughfare Plan as part of the Township Master Plan) and shall not directly abut an A-1, R-1, RM-1 or MHD District, unless all storage faces away from it and no drives, parking, or outside storage shall exist between the storage buildings and the property line.

2.

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

3.

All storage on the site shall be kept within enclosed buildings, except that up to fifty (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.

4.

Buffering shall be required as provided by Section 132.1414.

5.

All driveways, parking, loading, and vehicular circulation areas shall be surfaced with concrete, asphalt, or asphaltic concrete. All one-way driveways shall provide for one (1) ten-foot parking lane and one (1) fifteen-foot travel lane. All two-way driveways shall provide for one (1) ten-foot parking lane and two (2) twelve-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, said building separation need only fifteen (15) feet. There shall be at least one (1) parking space for each ten (10) cubicles. At the office, one (1) parking space shall be provided for each twenty-five (25) cubicles. Two (2) spaces shall be provided for the caretaker's residence, if any.

6.

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.

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

8.

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

9.

A residence for a resident caretaker or manager may be constructed on the premises. The residence shall comply with all provisions of this ordinance and the Michigan Building Code.

10.

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

11.

The Planning Commission must approve any proposed perimeter fencing or walls for compatibility with adjacent properties and the neighborhood.

(Ord. of 7-25-07)

Hotels, motels (721110), and health spas and fitness centers with accommodations (721110), and tourist courts or other facilities with overnight accommodations may be permitted in the B-2, General Business District subject to the following special land use approval requirements;

1.

Vehicular ingress and egress from the site shall be onto a major thoroughfare (See Thoroughfare Plan as part of the Township Master Plan) having an existing or planned right-of-way of at least one hundred twenty (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 two hundred fifty (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. of 7-25-07)

Drive-in, fast-food, drive-thru, or carry-out restaurants (722211) may be permitted in the B-2, General Business District subject to the following special land use approval requirements;

1.

Must directly front upon and have its ingress and egress points from a major thoroughfare (See Thoroughfare Plan as part of the Township Master Plan).

2.

Ingress and egress points shall be located at least thirty (30) feet from the intersection of any two (2) streets. The measurement shall be made from the intersection of the two (2) streets' existing right-of-way lines to the nearest edge of the curb radius of the driveway.

3.

The minimum distance of any driveway to the property line shall be seven (7) feet. The minimum distance between driveways on the site shall be sixty-five (65) feet measured from nearest edge of the two (2) curb radii.

4.

Concrete curbing six (6) 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 and to prevent vehicular damage to buildings and landscaping.

5.

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 (2) trash receptacles for use by the customer shall be placed in a manner reachable by the customers from their vehicle 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.

6.

If adjacent to an A-1, R-1, RM-1 or MHD District, no outside loudspeaker or outside public address system shall be permitted.

(Ord. of 7-25-07)

Motor vehicle repair and service facilities (8111) may be permitted in the B-2, General Business District (a permitted use in the I-1, Light Industrial Dist.) subject to the following special land use approval requirements;

1.

All activities shall be conducted in an enclosed building.

2.

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

3.

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.

4.

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

5.

Parking shall be provided on the site at a ratio of one (1) parking space for each one hundred (100) square feet of site area.

6.

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

(Ord. of 7-25-07)

Motor vehicle washing, conveyor or non-conveyor type (811192) facilities may be permitted in the B-2, General Business District subject to the following special land use approval requirements;

1.

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

2.

A hard-surfaced driveway of one (1) or more lanes shall be constructed on the parcel in such a manner as to provide for a continuous movement of cars into the wash rack.

3.

The driveway so provided shall be not less than ten (10) feet wide for a single lane and not less than ten (10) 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 the wash rack. 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 rack shall be determined by the overall length of the building, including areas having sidewalls but no roof. In any building where the washing operation moves in other than a straight line, the length of the building, for the purposes of this section, shall be the distance measured along the centerline of the conveyor or wash line from the point of entry to the point of exit from the building. The overall length of the required lane or lanes, as measured along the centerline, shall be determined in accordance with the following formula:

a.

Where the building is eighty (80) feet or less in overall length, the total required lanes shall be not less than four hundred (400) feet in length.

b.

Where the building exceeds eighty (80) feet in length, the length of the required lane or lanes shall be increased fifty (50) feet for each ten (10) feet of or fraction thereof by which the building exceeds eighty (80) feet in overall length.

6.

For a non-conveyor-type auto wash, five (5) waiting spaces, each twenty (20) feet in length, shall be provided for each washing stall on the entrance side of the stall and two (2) 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 sixty (60) feet must be maintained from the proposed or existing street right-of-way.

9.

Ingress and egress points shall be located at least sixty (60) feet from the intersection formed by the existing or proposed right-of-way lines, whichever is greater, and shall be directly from a major thoroughfare (See Thoroughfare Plan as part of the Township Master Plan).

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 subject to the requirements of Section 132.703.3.a., b., c.

(Ord. of 7-25-07)

Motorized vehicle racetracks (including midget, auto, motorcycle and go-kart tracks, and not including tracks for personal use) and horse and dog racetracks may be permitted in the I-1, Light Industrial District subject to the following special land use approval requirements;

1.

Because racetracks develop a concentration of vehicular traffic in terms of ingress and egress from their parking areas, may cause noise levels which project beyond the property so used, and require sizable land areas which would be incompatible with business or A-1, R-1, RM-1 or MHD Districts, they shall be permitted when located adjacent to a major thoroughfare (See Thoroughfare Plan as part of the Township Master Plan) and shall be located on a parcel of land that abuts land zoned for industrial purposes on all sides of the racetrack parcel in question.

2.

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

3.

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

4.

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

(Ord. of 7-25-07)

These uses may be permitted in the I-1, Light Industrial Districts subject to the following special land use approval requirements. [Junkyards may also be subject to additional local licensing requirements by separate ordinance.] In cases where there are conflicting requirements, the most restrictive requirements shall govern.

1.

These uses may only be located upon a site where abutting lands are zoned for B-1, B-2 or I-1 Districts on all sides.

2.

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

3.

Any required front yard setback shall not be used for providing off-street parking, but must be landscaped.

4.

All sides of the development shall be screened with an unpierced fence or wall at least eight (8) feet in height and not less than the height of the materials on the lot on which a stated use is located.

5.

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

6.

All junk, waste, or scrap materials shall be exclusively contained behind such fence or wall.

7.

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

8.

In order to protect the community from the danger of the leaching or runoff of chemicals or substances into the groundwater or surface water, these uses shall not be located upon lands classified as "wetlands" as defined on the National Wetland Inventory Map or upon a determination by the MDEQ, nor upon lands lying within the 100-year floodplain, as defined on the Federal Flood Insurance Rate Map, or Federal Flood Hazard Boundary Map.

(Ord. of 7-25-07)

Depositing and/or storing earthen materials on any property located within Cottrellville Township shall first be approved as provided below. Earthen materials means any material which was first derived from or which retains a predominance of earth material qualities including topsoil, subsoil, gravel, sand, stone, clay, recycled cement, concrete and asphalt, mold cores from foundry operations, roadbed materials from current or former railroad rights-of-way, demolition materials such as cement block, brick, and mortar, and other similar earthen materials.

1.

Intent. The intent of this section is to prevent the uncontrolled depositing of, or storing of earthen materials which may have an unknown origin or may have unknown qualities, or contaminated, toxic, or hazardous qualities.

2.

Exempt materials.

a.

Materials handled under land uses which are addressed as a "mining and extraction" use are exempt from this Section and shall be processed separately under Section 132.1324.

b.

Materials handed under land uses which are addressed as a "commercial composting facility" use are exempt from this Section and shall be processed separately under Section 132.1314.

c.

Fill material in any zoning district for sites of new construction or reconstruction, provided the source of the material is known and the zoning administration with due diligence determines the material to be clean and free from contamination, toxicity, and hazard.

d.

Earthen materials which are sold at retail or wholesale as useful product as may be permitted in various zoning districts, provided the source of the material is known and the zoning administration with due diligence determines the material to be clean and free from contamination, toxicity, and hazard.

3.

Proposed depositing and/or storing of earthen materials may be permitted in the A-1, Agricultural and I-1, Light Industrial Districts subject to the following special land use approval requirements;

a.

A determination that the proposed earthen material is inert or is otherwise not a solid waste material under Michigan Department of Environmental Quality (MDEQ) regulations.

b.

The characteristics of the earthen materials shall be considered against the site soils as is required under Section 132.1314 (Commercial composting facilities). In certain circumstances improvements may be required to prevent leaching into groundwater and/or runoff onto adjacent properties or into surface waters.

c.

Conditions such as those under Section 132.1324 (Mining and extraction) shall also be considered and required as needed.

(Ord. of 7-25-07)