The township is hereby divided into the following districts:

(Ord. of 7-18-2022)

The boundaries of these districts are shown upon the map attached hereto and made a part of this chapter, which said map is designated as the official zoning map of the township. The zoning map shall be maintained and kept on file with the township clerk, and all notations, references, and other information shown thereon are a part of this chapter and have the same force and effect as if the said zoning map and all such notations, references and other information shown thereon were fully set forth or described herein.

(Ord. of 7-18-2022)

(a)

Interpretation.

(1)

Where district boundaries are indicated as approximately following street lines, or highway lines, right-of-way of streets or highways, the lines of such streets and highways or the centerline of said streets and highways shall be construed to be such boundaries.

(2)

District boundaries indicated as approximately following lot line, such lot lines shall be construed to be such boundaries.

(3)

Where the boundary of a district follows or terminates at a railroad line, such boundaries shall be deemed to be located or terminated at the rail right-of-way centerline.

(4)

Where the boundary of a district follows a subdivision boundary line, such boundary line shall be construed to be the district boundary line.

(b)

Questions. Questions concerning the exact location of district boundary lines shall be determined by the board of appeals after recommendation from the planning commission or the township board, according to rules and regulations which may be adopted by it.

(Ord. of 7-18-2022)

Whenever any street or other public way within the township is vacated by official governmental action and when the lands within the boundaries thereof attach to and become a part of lands adjoining such street, alley or public way, such lands shall automatically and without further governmental action acquire and be subjected to the same zoning regulations as are applicable to the lands to which same shall attach.

(Ord. of 7-18-2022)

The following regulations regarding lot sizes, yards, setbacks, building heights, and densities apply within the zoning districts as indicated, including the regulations contained in footnotes. No building shall be erected, nor shall an existing building be altered, enlarged or rebuilt, nor shall any open spaces surrounding any building be encroached upon or reduced in any manner, except in conformity with the regulations hereby established for the district which such building is located. No portion of a lot used in complying with the provisions of this chapter for yards, courts, lot area occupancy, in connection with on existing or projected building or structure, shall again be used to qualify or justify any other building or structure existing or intended to exist of the same time.

NOTE: Refer to the township zoning ordinance for further clarification of footnotes to schedule of regulations.

(Ord. of 7-18-2022)

(a)

In single-family residential, multiple-family residential, mobile home residential, local business, general business, highway service, office, industrial and airport districts, the required front yard setbacks shall not be used for off-street parking and shall remain as open space unoccupied and unobstructed from the ground upward except for landscaping, plant materials or vehicle access drives. All yards abutting public street shall be considered as front yards for setback purposes.

(b)

Minimum land area required for each multiple dwelling unit in the RM-1 District shall be:

(c)

Minimum required floor space per dwelling unit in the RM-1 district each multiple dwelling structure shall be:

(d)

Buildings three stories and higher in the RM-1 district, minimum land area requirements for each multiple dwelling unit shall be:

(e)

Each side yard shall be a minimum of ten feet and this space shall be increased beyond ten feet by two feet for each ten feet or part thereof by which said dwelling structure exceeds 40 feet in overall dimension along the adjoining lot line. Maximum building length shall not exceed 200 feet.

(f)

Where two or more multiple, row or terrace dwelling structures are erected on the same lot or parcel, a minimum distance between any two structures shall be 30 feet plus one foot for each ten feet, or part thereof, by which the total length of that portion of the two structures lies opposite each other.

(g)

Buildings three stories or more in height shall have a minimum yard setback from front, side and rear property lines equal to the height of the building, but in no instance shall any yard setback be less than 50 feet. This requirement may be reduced or waived by the planning commission in the PUD and MU districts following review by the building and fire departments ensuring that there are no risks posed to public health, safety, or welfare.

(h)

Where residential district exists in the same block, there shall be provided a side yard setback of 20 feet for all buildings, parking and loading areas. Where a residential district exists adjacent to a business district and on the same side of the street and/or where a residential district exists directly across the street from a business district, there shall be provided a side yard setback of 20 feet for all buildings, parking and loading areas. The required 20-foot setback area shall be open and unoccupied from the ground upward except for landscaping and vehicle access drives.

(i)

Loading space shall be provided in the side or rear yard, as specified in article 7, except that this regulation shall not be applicable to loading space provided totally within a building or structure which has door enclosures facing other than the front property line.

(j)

The front yard setback on Miller and Linden Roads shall be 60 feet but may be reduced by the planning commission if the development places parking on the side and rear of the lot.

(k)

A bonus allotment for lot coverage may be granted by the planning commission during site plan review, allowing for up to 100 percent lot coverage provided that the site or its relationship to adjacent properties incorporates certain architectural or site design features which allow for public or private open space, free movement of pedestrian traffic, abundant light and air, interior community space and other related elements. Qualifying features may include, but are not limited to, atriums, arcades, enclosed walkways, rooftop gardens, landscaped areas, plazas, and outdoor dining areas. Other site development standards must still be met if a bonus allotment for lot coverage is granted.

(Ord. of 7-18-2022)

The intent of these districts is to provide for single-family dwellings along with other residential related facilities which serve the residents in the district. Uses and requirements for these districts foster improvement of the living environment and ensure quality development.

(Ord. of 7-18-2022)

Land, buildings and other structures shall be used only for one or more of the following specified uses:

(1)

Single-family dwelling, including manufactured homes. In single-family residential districts, only one principal building shall be placed on a lot of record;

(2)

Adult foster care family home;

(3)

Adult foster care small group home (1—6);

(4)

Foster family homes (1—4);

(5)

Foster family group homes (4—6);

(6)

Family day care home (1—6);

(7)

Family child care homes;

(8)

Essential public services;

(9)

Cemeteries which lawfully occupy land at the adoption of this chapter;

(10)

Public open space; and

(11)

Open space communities as provided for in section 14.3-252.

(12)

Accessory buildings, structures and uses customarily incidental to any of the principal uses set forth in this section, as defined in section 14.5-6.

(Ord. of 7-18-2022)

The following uses are considered special land uses within these districts and may be approved by the planning commission subject to the applicable general and specific standards in article 6 of this chapter:

(1)

Public and semipublic institutional buildings, structures and uses, and public parks.

(2)

Essential public, semipublic buildings.

(3)

Primary and secondary schools, either public or private, providing general educational instruction as defined by state statutes.

(4)

Group child care homes as required by section 206 of Public Act No. 110 of 2006 (MCL 125.3206).

(5)

Colleges.

(6)

Home occupations.

(7)

Churches.

(8)

Golf courses and par three courses.

(9)

Bed and breakfast inns.

(10)

Group day care homes (7—12) provided they comply with the following:

a.

Is located not closer than 1,500 feet to any of the following:

1.

Another licensed group child care home.

2.

An adult foster care small group home or large group home licensed under the adult foster care facility licensing act, 1979 PA 218, MCL 400.701 to 400.737.

3.

A facility offering substance abuse treatment and rehabilitation service to seven or more people licensed under article 6 of the Public Health Code, 1978 PA 368, MCL 333.6101 to 333.6523.

4.

A community correction center, resident home, halfway house, or other similar facility which houses an inmate population under the jurisdiction of the department of corrections.

b.

Has appropriate fencing for the safety of the children in the group child care home as determined by the planning commission.

c.

Maintains the property consistent with the visible characteristics of the neighborhood.

d.

Does not exceed 16 hours of operation during a 24-hour period. The local unit of government may limit but not prohibit the operation of a group child care home between the hours of 10:00 p.m. and 6:00 a.m.

e.

Meets the sign requirements of this chapter.

f.

Meets off-street parking requirements of this chapter.

(11)

Accessory buildings, structures and uses customarily incidental to any of the special land uses set forth in this section, as defined in section 14.5-6.

(12)

Other uses of the same nature or class as those listed as either a principal use or special land use in this district which, as determined by the planning commission, are no more intense or detrimental to the surrounding area than those listed.

(13)

Zero lot line attached single-family housing.

(Ord. of 7-18-2022)

(a)

Schedule of regulations; article 3, division 1 of this chapter.

(b)

Site plan review standards; article 2, division 2 of this chapter.

(c)

Parking and loading-unloading standards; article 7 of this chapter.

(d)

Sign standards; chapter 13.

(e)

Landscaping and screening; article 8 of this chapter.

(f)

Access management standards; article 9 of this chapter.

(Ord. of 7-18-2022)

The RM-1 multiple-family residential district is designed to permit a more intensive residential use of land with various types of attached single-family homes, townhouses, and garden apartments. These areas would be located near major thoroughfares for good accessibility and between single-family residential areas and other nonresidential uses. Various sizes of residential accommodations, for ownership or rental, would thereby be provided to meet the needs of the different age and family groups in the community.

(Ord. of 7-18-2022)

Land, building and other structures shall be used only for one or more of the following specified uses:

(1)

Single-family dwellings, including manufactured homes;

(2)

Two-family dwellings;

(3)

Multiple-family dwellings;

(4)

Housing for the elderly;

(5)

State-licensed residential facilities;

(6)

Family child care homes;

(7)

Essential public services;

(8)

Adult foster care small group homes (7—12);

(9)

Adult foster care large group homes (13—20);

(10)

Accessory buildings, structures and uses customarily incidental to any of the principal uses set forth in this section, as defined in section 14.5-5.

(11)

All principal uses permitted in the R-1B district subject to the schedule of regulations, section 14.3-5.

(Ord. of 7-18-2022)

The following uses are considered special land uses within the district and may be approved by the planning commission, subject to the applicable general and specific standards in article 6 of this chapter:

(1)

Public and semi-public institution buildings, structures and uses, and public parks.

(2)

Essential public, semi-public buildings.

(3)

Primary and secondary schools, either public or private, providing general educational instruction as defined by state statues.

(4)

Group child care homes as required by section 206 of Public Act No. 110 of 2006 (MCL 125.3206).

(5)

Colleges.

(6)

Home occupations.

(7)

Churches.

(8)

Golf courses and par three courses.

(9)

Bed and breakfast inns.

(10)

Accessory buildings, structures and uses customarily incidental to any of the special land use set forth in this section as defined in section 14.5-5.

(11)

Other uses of the same nature or class as those listed as either a principal use or special land use in this district which, as determined by the planning commission, are no more intense or detrimental to the surrounding area than those listed.

(12)

Congregate housing for the elderly.

(13)

Zero lot line attached single-family housing.

(Ord. of 7-18-2022)

(a)

Schedule of regulations; article 3, division 1 of this chapter.

(b)

Site plan review standards; article 2, division 2 of this chapter.

(c)

Parking and loading-unloading standards; article 7 of this chapter.

(d)

Sign standards; chapter 13.

(e)

Landscaping and screening; article 8 of this chapter.

(f)

Access management standards; article 9 of this chapter.

(Ord. of 7-18-2022)

The intent of this division is to provide for additional variety in housing opportunities and choices in appropriate locations.

(Ord. of 7-18-2022)

Land, building and other structure shall be used only for one or more of the following specified uses:

(1)

Mobile homes;

(2)

Manufactured homes;

(3)

Manufactured home/mobile home parks;

(4)

State-licensed residential facilities; and

(5)

Family child care homes.

(Ord. of 7-18-2022)

Group child care homes as required by section 206 of Public Act No. 110 of 2006 (MCL 125.3206) are considered special land uses within the district and may be approved by the planning commission, subject to the applicable general and specific standards in article 26 of this chapter.

(Ord. of 7-18-2022)

The planning commission shall review and approve procedures for a site plan as part of any rezoning request or prior to any permits being issued for the development of a manufactured or mobile home park. The planning commission shall consider the following:

(1)

Whether the proposal meets all applicable local codes, regulations, and ordinances, and applicable state and federal requirements.

(2)

Whether the proposed development can be reasonably expected to constitute a health hazard or public nuisance to adjacent properties because of inappropriate or inadequate sanitation and/or drainage facilities.

(3)

Whether the traffic characteristics of the proposed development can be expected to create a hazard or cause traffic operations of adjacent public streets to result in an unacceptable level of service.

(Ord. of 7-18-2022)

(a)

Site plan review standards; article 6 of this chapter.

(b)

Sign standards; chapter 13.

(c)

Landscaping and screening standards; article 8 of this chapter.

(d)

Access management standards; article 9 of this chapter.

(Ord. of 7-18-2022)

The elderly housing district (EH) is designed to permit residential use of land, with recreational and cultural facilities and necessary accessory buildings, for uses providing services to the residents who must be 55 years or over, with certain exceptions.

(Ord. of 7-18-2022)

No structure, or part thereof, shall be erected, altered or used, and no land shall be used, except for the following:

(1)

Residential accommodations, including units in apartment houses, garden apartments and townhouses, but not including motels, rooming houses, single-family dwellings, or tourist homes. Dwelling units may be the one-room-efficiency type or may have one or two bedrooms. In no event, however, shall a dwelling unit have more than two bedrooms, nor shall the number of efficiency-type apartments exceed 25 percent of the total dwelling units. All rooms of a dwelling unit must be on one level.

(2)

Recreational and cultural facilities for the sole use of residents and their guests, which may include but are not limited to the following: lakes, golf courses, picnic grounds, sitting areas, group game areas and swimming pools.

(3)

Accessory uses. Necessary accessory buildings for the housing of items related to the operation of the senior housing project. Uses, such as barbershops, cafeterias, libraries, medical offices and other similar on-site services to be rendered for the benefit of the residents. All services must be contained inside the building.

(4)

Occupancy of the dwelling units shall be limited to persons who are 55 years of age or over, with the following exceptions:

a.

A husband or wife under the age of 55 years who is residing with his spouse who is 55 years of age or over.

b.

Age limit of children or grandchildren visiting with qualified residents shall be determined by management of the facility.

c.

Adults under 55 years of age may be admitted as permanent residents if it is established to the satisfaction of the board of appeals that the presence of such person is essential for the physical care or economic support of eligible older persons.

(Ord. of 7-18-2022)

A site development plan shall meet at least the following minimum requirements:

(1)

Minimum area. The minimum area shall be five acres, except that an area of less than five acres may be added to an existing elderly housing district if it is adjacent thereto.

(2)

Residential density. There shall be a minimum area of 4,200 square feet of land zoned elderly housing district for each dwelling unit.

(3)

Building area. Principal and accessory buildings shall together not cover more than 30 percent of the gross area.

(4)

Habitable area. Each dwelling unit shall contain the minimum habitable floor area as follows:

The planning commission may take into consideration the room sizes based on the overall square footage of the dedicated central area. In no case will the central area be less than 50 square feet per unit.

(5)

Height. No building shall exceed two stories and 25 feet in height. There shall be no height limit on flag poles, domes, spires, chimneys, skylights, water tanks, elevator shaft enclosures, television antennas and other necessary appurtenances usually placed above the roof level, provided that they shall be erected only to the minimum height necessary to accomplish the purpose they are intended to serve and which present no hazard to abutting properties. Such bulky appurtenances as elevator shaft enclosures shall be enclosed within walls of material and designed in harmony with the main walls of the building on or near which they are located. All height restrictions are also subject to the airport ordinance.

(Ord. of 7-18-2022)

(a)

Schedule of regulations; article 3, division 1 of this chapter.

(b)

Site plan review standards; article 2, division 2 of this chapter.

(c)

Parking and loading-unloading standards; article 7 of this chapter.

(d)

Sign standards; chapter 13.

(e)

Landscaping and screening; article 8 of this chapter.

(f)

Access management standards; article 9 of this chapter.

(Ord. of 7-18-2022)

The O-1 office district is intended to concentrate a variety of office uses of a business and professional nature, and personal and professional service activities compatible with office uses. This district is intended to provide a transition between commercial districts and the adjacent residential districts.

(Ord. of 7-18-2022)

In the O-1 office district, land, buildings and other structures shall be used for one or more of the following specified uses:

(1)

Banks, savings and loans, and credit unions, including those with drive-through facilities;

(2)

Professional offices such as medical, including clinics, but excluding veterinary clinics, and dental, chiropractors, optometrists, osteopaths and similar or allied professions;

(3)

Professional services such as insurance, real estate, legal, financial, and similar or allied professions;

(4)

Public and semipublic institutional buildings, structures and uses, and public parks;

(5)

Personal service establishments when located within an office building and occupying no more than 25 percent of the gross floor area of the building. Such uses may include snack shops, barber and beauty shops, pharmacy, shoe shine and repair, postal service centers, copy centers, 24-hour banking centers/ready tellers and similar establishments compatible with office uses as determined by the planning commission;

(6)

Exterior 24-hour banking centers/ready tellers which are separate from a financial institution;

(7)

Essential public services;

(8)

Accessory buildings, structures and uses customarily incidental to any of the principle uses, as defined in section 14.5-5.

(Ord. of 7-18-2022)

The following uses shall be considered special land uses within the office-service districts and may be approved by the planning commission subject to the applicable general and specific standards in article 6:

(1)

Essential public service buildings.

(2)

Restaurants, including drive-through facilities.

(3)

Child care centers.

(4)

Mixed use site condominiums.

(5)

Hospitals.

(6)

Indoor recreational establishments.

(7)

Funeral homes.

(8)

Churches.

(9)

Accessory buildings, structures and uses customarily incidental to any of the special land use as defined in section 14.3-5.

(10)

Other uses of the same nature or class as those listed as either a principal use or special land use in this district which, as determined by the planning commission, are no more intense or detrimental to the surrounding area than those listed.

(Ord. of 7-18-2022)

(a)

Schedule of regulations; article 3, division 1 of this chapter.

(b)

Site plan review standards; article 2, division 2 of this chapter.

(c)

Parking and loading-unloading standards; article 7 of this chapter.

(d)

Sign standards; chapter 13.

(e)

Landscaping and screening; article 8 of this chapter.

(f)

Access management standards; article 9 of this chapter.

(Ord. of 7-18-2022)

The C-1 local business district is intended for the convenience shopping needs of persons residing in nearby residential areas. The intent of this district is to concentrate businesses that harmonize with the character of the surrounding uses and to prohibit uses which might create traffic hazards, offensive noises and late hours of operation.

(Ord. of 7-18-2022)

In the local business district, land, buildings and other structures shall be used only for one or more of the following specified uses, all such uses shall deal directly with consumers; all business, servicing or processing, except for off-street parking and loading, shall be conducted on the premises within a completely enclosed building:

(1)

Retail food establishments which supply groceries, fresh produce, meats, dairy products, baked goods, confections or similar commodities for consumption off the premises. Food stuffs may be prepared on the premises as an accessory use if sold at retail prices on premises;

(2)

Retail businesses such as drug stores, dry goods, clothing, hardware, music, book stores, and gift shops;

(3)

Personal service establishments such as small electronics repair shops, shoe repair, tailors, hair styling salons, photographers' studios, copy centers, postal centers and dry cleaners;

(4)

Essential public services;

(5)

Banks, savings and loans, and credit unions, including drive through branches;

(6)

Medical clinics;

(7)

Professional offices such as: medical, dental, chiropractors, osteopaths and similar or allied professions;

(8)

Public and semipublic institutional buildings, structures and uses, and public parks;

(9)

Funeral homes;

(10)

Churches;

(11)

Convenience stores without gasoline service; and

(12)

Accessory buildings, structures and uses customarily incidental to the principal uses set forth in this section, as defined in section 14.5-5.

(Ord. of 7-18-2022)

The following uses are considered special land uses within the local business district and may be approved by the planning commission subject to the applicable general and specific standards in article 6 of this chapter:

(1)

Essential public service buildings.

(2)

Child care centers.

(3)

24-hour banking centers/ready tellers which are separate from a financial institution.

(4)

Bed and breakfast inns.

(5)

Accessory buildings, structures and uses customarily incidental to the special land uses set forth in this section, as defined in section 14.5-5.

(6)

Other uses of a similar nature or class as those listed as either a principal use or special land use in this district which, as determined by the planning commission, are no more intense or detrimental to the surrounding area than those listed.

(Ord. of 7-18-2022)

(a)

Schedule of regulations; article 3, division 1 of this chapter.

(b)

Site plan review standards; article 2, division 2 of this chapter.

(c)

Parking and loading-unloading standards; article 7 of this chapter.

(d)

Sign standards; chapter 13.

(e)

Landscaping and screening; article 8 of this chapter.

(f)

Access management standards; article 9 of this chapter.

(Ord. of 7-18-2022)

The C-2, general business district is intended to accommodate commercial establishments that serve community-wide shopping and service needs. These districts are intended to create cohesive commercial areas that take advantage of access provided by the township's transportation system. These districts also provide convenient vehicles access between businesses in attractive setting and service to discourage undesirable strip commercial development.

(Ord. of 7-18-2022)

In the general business district land, buildings and other structures shall be used for one or more of the following specified uses:

(1)

Retail food establishments, including convenience stores, whose principal activity is within a wholly enclosed building which supply: groceries, fresh produce, meats, dairy products, baked goods, confections or similar commodities for consumption off the premises. Food stuffs may be prepared on the premises as an accessory use if sold at retail prices on premises.

(2)

Retail businesses conducted entirely within an enclosed building such as: drug stores, liquor, dry goods, clothing, furniture, hardware, music, book stores, and gift shops.

(3)

Personal service establishments such as, but not limited to, small electronics repair shops, shoe repair, tailors, hair styling salons, photographers' studios, film processing outlets, copy centers, interior decorators, postal centers, self-service laundry and dry cleaners.

(4)

Newspaper offices, publishing, and commercial printers.

(5)

Churches.

(6)

Restaurants and other establishments serving food and/or beverages, excluding restaurants with drive-in and drive-through facilities.

(7)

Private clubs, lodge halls, theaters, cinemas, and similar such assembly buildings when completely enclosed.

(8)

Funeral homes.

(9)

Indoor recreational establishments.

(10)

Banks, savings and loans, and credit unions, including drive-through facilities.

(11)

Medical clinics.

(12)

Professional offices such as medical and dental, chiropractors, osteopaths, and similar or allied professions.

(13)

Professional services such as insurance, real estate, legal, financial, and similar or allied professions.

(14)

Public and semipublic institutional buildings, structures and uses, and public parks.

(15)

Hotels and motels.

(16)

Video rental establishments.

(17)

24-hour banking centers/ready tellers which are separate from a financial institution.

(18)

Convenience stores without gasoline service.

(19)

Essential public services.

(20)

Essential public service buildings.

(21)

Essential public service storage yards.

(22)

Accessory buildings, structures and uses customarily incidental to the principal uses set forth in this section, as defined in section 14.5-5.

(Ord. of 7-18-2022)

The following uses shall be considered special land uses within the general business district and may be approved by the planning commission subject to the applicable general and specific standards in article 6 of this chapter:

(1)

Automobile dealerships, new and used car sales.

(2)

Garden centers and nurseries, provided that all outdoor storage areas are screened according to the standards of article 8 of this chapter.

(3)

Building and lumber supply, provided that the use is primarily for the storage and sale of retail goods, and excludes manufacturing, processing, planning or milling operations, provided that all outdoor storage areas are screened according to the standards of article 8 of this chapter.

(4)

Automobile service stations.

(5)

Automobile and body repair stations.

(6)

Restaurants and other business establishments utilizing drive-in or drive-through facilities.

(7)

Golf driving ranges and miniature golf courses.

(8)

Veterinary hospitals, clinics and commercial kennels, provided that all activities are conducted within a completely enclosed building.

(9)

Child care centers.

(10)

Open air businesses.

(11)

Commercial schools including art and dance studios, music and voice schools, business schools, and other types of schools not providing general education instruction.

(12)

Convenience stores, with gasoline service.

(13)

Accessory buildings, structures and uses customarily incidental to the special land uses set forth in this section, as defined in section 14.5-5.

(14)

Other uses of the same nature or class as those listed as either a principal use or special land use in this district which, as determined by the planning commission, are no more intense or detrimental to the surrounding area than those listed.

(Ord. of 7-18-2022)

(a)

Schedule of regulations; article 3, division 1 of this chapter.

(b)

Site plan review standards; article 2, division 2 of this chapter.

(c)

Parking and loading-unloading standards; article 7 of this chapter.

(d)

Sign standards; chapter 13.

(e)

Landscaping and screening; article 8 of this chapter.

(f)

Access management standards; article 9 of this chapter.

(Ord. of 7-18-2022)

The C-3 highway service district is intended to permit more extensive business and entertainment activities than that permitted in the local and general business districts. The permitted uses would need more off-street parking and loading and planning to integrate such districts with adjacent residential areas. Such C-3 districts reflect primarily existing shopping concentrations and other commercial uses along major highway, and at freeway interchanges.

(Ord. of 7-18-2022)

In the highway service district land, buildings and other structures shall be used for one or more of the following specified uses:

(1)

All permitted principal uses in the C-2 district and special land uses.

(2)

Automobile wash establishments.

(3)

Bus passenger stations.

(4)

Outdoor automobile, mobile home, boat, trailer, or home equipment rental or sales.

(5)

Drive-in eating and drinking establishments and outdoor theaters.

(6)

Outdoor display and sale of garages, swimming pools and similar uses.

(7)

Tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, golf driving range, children's amusement park or similar outdoor recreation uses.

(8)

Theaters, dancehalls, assembly halls or other similar places of assembly.

(9)

Hotels and motels.

(10)

Accessory buildings, structures and uses customarily incidental to the special land uses set forth in this section, as defined in section 14.5-5.

(11)

Other uses of the same nature or class as those listed as either a principal use or special land use in this district which, as determined by the planning commission, are no more intense or detrimental to the surrounding area than those listed.

(Ord. of 7-18-2022)

(a)

Schedule of regulations; article 3, division 1 of this chapter.

(b)

Site plan review standards; article 2, division 2 of this chapter.

(c)

Parking and loading-unloading standards; article 7 of this chapter.

(d)

Sign standards; chapter 13.

(e)

Landscaping and screening; article 8 of this chapter.

(f)

Access management standards; article 9 of this chapter.

(Ord. of 7-18-2022)

The general industrial district is intended to primarily accommodate research, wholesale and warehouse activities, and light industrial operations whose external, physical effects are restricted to the district and in no manner affect in a detrimental way any of the surrounding districts. The IND, general industrial district is intended for the manufacturing, compounding, processing, packaging, assembly, and/or treatment of finished or semi-finished products from previously prepared material. The processing of raw material for shipment in bulk form, to be used in an industrial operation at another location, shall not be permitted.

(Ord. of 7-18-2022)

In the industrial district, no land or building shall be used and no building shall be erected except for one or more of the following specified uses:

(1)

Warehousing and wholesale establishments, and freight terminals.

(2)

The manufacture, assembly, compounding, processing, packaging or treatment from previously prepared materials, or repair, of such products as, but not limited to:

a.

Bakery goods and candy;

b.

Cosmetics, pharmaceuticals, and toiletries;

c.

Hardware and cutlery;

d.

Pottery and figurines or other similar ceramic products using only previously pulverized clay and kilns fired only by electricity or gas;

e.

Musical instruments, toys, and novelties;

f.

Metal or rubber stamps, or other small molded rubber products;

g.

Electrical appliances, electronic instruments and devices, and electronic consumer products;

h.

Electric or neon signs;

i.

Light sheet metal products, including heating and ventilating equipment, siding, and the like;

j.

Textile goods;

k.

Apparel and leather goods;

l.

Furniture and fixtures;

m.

Printing and publishing;

n.

Tool, die, gauge, and machine shops;

o.

Experimental or testing laboratories;

p.

Railroad transfer and storage yards;

q.

Mini- or self-storage warehouses;

r.

Public and semi-public institutional buildings, structures and uses, and public parks;

s.

Essential public services;

t.

Essential public service buildings;

u.

Essential public storage yards; and

v.

Accessory buildings, structures and uses customarily incidental to any of the principal permitted uses set forth in this subsection.

(Ord. of 7-18-2022)

The following uses shall be considered special land uses within the IND, general industrial district and may be approved by the planning commission subject to the applicable general and specific standards in article 6:

(1)

Automobile body repair stations.

(2)

Lumber and planning mills.

(3)

Building materials and lumber supply sales and/or storage.

(4)

Sales, leasing, and storage of contractor's equipment and supplies.

(5)

Truck and trailer rental facilities.

(6)

Truck stops and service facilities.

(7)

Incinerators.

(8)

Metal plating, buffing and polishing.

(9)

Water filtration and wastewater treatment plants.

(10)

The assembly, manufacture, compounding, processing, packaging or treatment from previously prepared materials, or repair, of such products as, but not limited to:

a.

Food products, excluding bakery goods and candy; and

b.

Plastics.

(11)

Retail sales of goods assembled, manufactured, compounded, processed, packaged or treated from previously prepared materials, or repaired or stored, on the premises, provided the building floor area devoted to retail sales comprises no more than 25 percent of principal building floor area and the outdoor sales area comprises no more than 25 percent of the minimum required lot area.

(12)

Central dry cleaning plants.

(13)

Commercial outdoor storage.

(14)

The outdoor or indoor storage or parking of recreational vehicles such as antique or racing automobiles, boats, floats, trailers, camping or travel trailers, motorized homes, demountable travel equipment of the type adaptable to light duty trucks and other equipment or vehicles of a similar nature.

(15)

Private clubs, lodge halls, theaters, cinemas and similar such establishments when conducted within an enclosed building.

(16)

Landfills and recycling facilities.

(17)

Cogeneration plants.

(18)

Salvage yards.

(19)

Extractive operations (sand, gravel mining, etc.).

(20)

Accessory buildings, structures and uses customarily incidental to the special land uses set forth in this section, as defined in section 14.5-5.

(21)

Other uses of the same nature or class as those listed as either a principal use or special land use in this district which, as determined by the planning commission, are no more intense or detrimental to the surrounding area than those listed.

(22)

Regulated uses.

(Ord. of 7-18-2022)

(a)

All activities and uses within the district shall be subject to such requirements, regulations, and performance standards as established by federal, state, county, and local laws.

(b)

Smoke and particulate matter. The emission of smoke or particulate matter, in such manner or quality as to be detrimental to or endanger the public health, safety, comfort, or welfare is hereby declared a public nuisance and shall henceforth be unlawful.

(c)

Odors. Odors from any use shall not be discernible at the property line to a greater degree than odors from plants for the manufacture of electronic equipment, the fabrication of books, textile weaves or other plants in which operations do not result in a greater degree of odors. The values given in Table III (Odor Thresholds) in the latest revision of Chapter 5, "Physiological Effects," in the "Air Pollution Abatement Manual," by the Manufacturing Chemists' Association, Inc., Washington, D.C., copyright 1951, shall be used as standard in case of doubt concerning the character of odors emitted. In such case, the smallest value given in Table III shall be the maximum odor permitted. Detailed plans for the prevention of odors crossing property lines may be required before approval of a final site plan by the planning commission.

(d)

Glare and heat. Any operation producing intense glare or heat shall be conducted within a completely enclosed building or with other effective screening in such a manner as to make such glare completely imperceptible from any point along the property line.

(e)

Vibration. No activity or operation of machine shall cause or create a steady state vibration or an impact vibration, at any point on any property line that abuts a residential zoning district.

(f)

Radiation or radioactivity. All activities involving radioactive materials shall be conducted according to state and federal rules and regulations adopted for human safety. Operations shall cause no dangerous radiation at the property line, as specified by the regulations of the United States Nuclear Regulatory Commission, the United States Bureau of Standards or other applicable review agency.

(g)

Electromagnetic interference. No use, activity or process shall be conducted which produces electromagnetic interference which adversely affects public health, safety and welfare including but not limited to interference with normal radio, telephone, or television reception from off the premises where the activity is conducted.

(h)

Gases. Fumes or gases shall not be emitted at any point in concentrations or amounts that are noxious, toxic, or corrosive. Detailed plans for the elimination of fumes or gases may be required before approval of a final site plan by the planning commission.

(i)

Underground utilities. All lines for telephone, electric, television and other similar services distributed by wire or cable shall be placed underground entirely throughout the development area, except for major thoroughfare right-of-way, and such conduits or cables shall be placed within private easements provided to such service companies by the developer or within dedicated public ways. Overhead lines may be permitted by the planning commission at the time of final approval where it is determined that overhead lines will not constitute a detriment to the health, safety, general welfare, or area design. All such facilities placed in dedicated public ways shall be planned so as not to conflict with other underground utilities. All such facilities shall be constructed in accordance with standards of construction approved by the state public service commission. All underground utility installations which traverse privately owned property shall be protected by easements granted to the appropriate authority by the applicant.

(1)

Whenever it can reasonably be anticipated that utility improvements constructed in one development will be extended to serve other adjacent or nearby developments, such improvements shall be constructed and located so that extensions can be made conveniently and without undue burden or expense or unnecessary duplication of service. All utility facilities shall be constructed in such a manner as to minimize interference with pedestrian or vehicular traffic and to facilitate maintenance without undue damage to improvements or facilities located within the development.

(j)

Waste. All sewage and industrial wastes shall be handled, stored, treated, and/or disposed of in compliance with all federal and state laws and regulations.

(k)

Fire and explosive hazards.

(1)

In the IND general industrial district, the storage, utilization or manufacture of materials or products, ranging from noncombustible to moderate burning, as determined by the fire chief, is permitted, subject to compliance with all other performance standards.

(2)

The storage, utilization, or manufacture of materials, goods, or products, ranging from free or active burning to intense burning, as determined by the fire chief, is permitted, subject to compliance with all other yard requirements and performance standards and providing that the following conditions are met:

a.

The materials or products shall be stored, used, or produced within completely enclosed buildings or structures having noncombustible exterior walls which meet the requirements of the building code.

b.

All such buildings or structures shall be set back according to adopted NFPA fire ordinance.

c.

The storage and handling of flammable liquids, liquefied petroleum, gases, and explosives shall comply with the state rules and regulations as established by Public Act No. 207 of 1941, as amended, or by chapter 11, fire prevention and protection, of this Code, and according to the adopted NFPA fire ordinance, whichever is more stringent.

(l)

Storage of hazardous substances.

(1)

Definition. Hazardous substances include hazardous chemicals as defined by the state department of public health and the state department of labor; hazardous materials are defined by the U.S. Department of Transportation; critical materials and polluting materials as defined by the state department of natural resources; and hazardous waste as defined by the state department of natural resources.

(2)

Applicability. These provisions apply to all businesses and facilities that use, store, or generate hazardous substances in quantities greater than 100 kilograms per month (equal to about 25 gallons or 220 pounds).

(3)

Above-ground storage.

a.

Primary containment of hazardous substance shall be product-tight.

b.

Secondary containment of hazardous substances shall be provided for all facilities subject to site plan review. Secondary containment shall be sufficient to store the substance for the maximum anticipated period of time necessary for the recovery of any released substance.

c.

Outdoor storage of hazardous substances is prohibited, except in product-tight containers which are protected from weather, leakage, accidental damage, and vandalism. Secondary containment shall be sufficient to store the substance for the maximum anticipated period of time necessary for the recovery of any released substance, including an allowance for the expected accumulation of precipitation.

d.

At a minimum, state and federal agency requirements for storage, leak detection, record-keeping, spill prevention, emergency response, transport and disposal shall be met.

(4)

Below-ground storage.

a.

At a minimum, regulations of the state department of natural resources, state fire marshal division, and the Village of Almont for the installation, inspection, maintenance of a leak detection system, inventory and record-keeping, emergency response and closure must be met.

b.

All underground storage tanks which have been out-of-service for nine months or longer shall be removed from the site before a building permit is issued. This requirement may be adjusted by the fire chief in situations where a clear timetable for the safe use of the underground tank is established.

(5)

Plan review and approval.

a.

Site plans for facilities with hazardous substance storage shall be reviewed by the fire chief, or designee, before approval by the planning commission.

(m)

Noise.

(1)

Noise levels resulting from any such use of a site which exceed the standards established in [chapter 6], article 12 of this Code shall be prohibited.

(Ord. of 7-18-2022)

Airport district is intended to accommodate and regulate those lands where public airports and ancillary facilities are located. It shall encourage desirable and appropriate land uses for areas located in proximity to major airports, to prevent the establishment of air space obstructions near airports, and to be establish other land use controls necessary to protect the health, safety and welfare of the people of the township consistent with the township's master plan.

(Ord. of 7-18-2022)

The following uses shall be considered special land uses within the AD, airport service district and may be approved by the planning commission subject to the applicable general and specific standards in article 6 and section 14.3-207:

(1)

Airport cargo facilities, and uses customarily related to airport operations and expansions.

(2)

Service establishments such as travel agencies, commercial parking lots and garages and automobile service stations.

(3)

Warehousing and storage facilities.

(4)

Industrial uses compatible with airport operations.

(5)

Administrative offices.

(6)

Airport cleaning and/or janitorial services.

(7)

Office buildings related to permitted uses and airport-related facilities.

(8)

Hotels/motels with convention and meeting room facilities.

(9)

Railroad offices and related facilities.

(10)

Buildings and uses of a public works, public service or public utility nature.

(11)

Trucking offices and terminals.

(12)

Other uses of the same nature or class as those listed as a special land use in this district, which as determined by the planning commission, are no more intense or detrimental to the surrounding area than those listed in this subsection.

(Ord. of 7-18-2022)

All structures and uses shall observe the following standards and limitations:

(1)

The maximum height of any structure shall be in accordance with current FAA standards and regulations.

(2)

No glare-producing material which is hazardous to aviation shall be used on the exterior of any structure, including any metal building.

(3)

There shall be no display of signs which produce a flashing or blinking effect, nor shall any lighting project upward in a manner that would interfere with aircraft or would make it difficult for aircraft pilots to distinguish between airport lights and other lights.

(4)

Public assembly not associated with or accessory to the primary purpose of the structure or use shall not be permitted except for airport shows and airport related uses.

(5)

The use of the premises shall not create electrical interference with radio communication between the airport and aircraft or create interference with navigational aids employed by the airport or by aircraft.

(6)

The use of the premises shall not create a condition that impairs the visibility of aircraft pilots in the use of the airport.

(7)

No use shall be made of the premises which would endanger the landing, taking off or maneuvering of aircraft.

(8)

No use shall be made of the premises which would otherwise create an airport hazard.

(9)

Such uses shall not be noise sensitive to aircraft noise while taxing, taking off or landing.

(10)

No use shall be made of the premises which would attract birds or other wildlife.

a.

Area and placement regulation shall be in accordance with the schedule of regulations in article 3 for the IND district of this chapter.

b.

Parking regulations shall be in accordance with article 7 of this chapter.

c.

Buffering techniques may be required by the township to separate special approval uses listed in this article from abutting incompatible uses and may include, but are not limited to, the following:

1.

Open outdoor storage is prohibited unless the use is properly screened or fenced.

2.

Berms may be required when the planning commission determines that noise abatement or additional visual screening is required.

3.

Parking lots shall be landscaped.

d.

Roadway and public access shall be reviewed by the planning commission to consider traffic patterns, to eliminate an unreasonable increase in traffic hazards and assure public safety, for their placement, including the use of service road access.

e.

Other factors. The planning commission shall consider the character of the flying operations at the airport, the traffic pattern and regulations affecting flying operations at the airport, the nature of the terrain within the airport hazard area, the character of the neighborhood, and the uses to which the property is requested to be utilized and is adaptable.

f.

Conflict. In the event of conflict between these airport zoning regulations and any other zoning regulations applicable to the same area, those limitations or requirements which may be determined by the planning commission to be most conducive to airport and air travel safety shall govern and prevail.

(Ord. of 7-18-2022)

Special land uses allowed within this district shall conform to the site plan review requirements of article 2, division 2 of this chapter, and the following procedures:

(1)

Procedures. Prior to approval of any development proposal in the airport zone, the following procedures must be followed:

(2)

Development plan submission. Prior to submitting a formal application for approval of a proposed development plan, the owners shall confer with the building department to review the relationship between the proposed development plan and the surrounding land usage and the master plan, including:

a.

The adequacy of the existing and proposed vehicular and pedestrian rights-of-way, utilities and other public facilities and services to service the development.

b.

The character design and appropriateness of the following factors:

1.

Traffic control.

2.

Noise reduction.

3.

Sign and light control.

4.

Preservation of open space and visual corridors.

5.

Police and fire protection.

6.

Storm drainage.

7.

Landscaping.

8.

Fencing and screening.

9.

Other matters specifically related to the proposed development necessary to foster desirable living and working conditions and compatibility with the airport zone.

c.

At such conference, the developer shall provide a sketch plan indicating the location of the proposed development and its relationship to surrounding properties. The advisory meeting should provide insight to both the developer and township staff regarding development problems which might otherwise result in costly plan revisions or unnecessary delay in development.

(3)

Preliminary development plan. Subsequent to the preapplication conference, the owner shall submit his formal application with five copies of a preliminary development plan to the planning commission, at least 20 working days prior to the meeting at which it is to be considered. This plan must cover the entire property under consideration. The department shall then schedule the matter to be heard at the next meeting of the planning commission.

(4)

The planning commission shall review the development plan with respect to its design and compatibility with surrounding uses and its conformity with this article. The planning commission may deny, approve, or approve with conditions. The decision on a special land use shall be incorporated in a statement containing the conclusions relative to the special land use under consideration, which specifies the basis for the decision and any conditions imposed.

(5)

The conditions imposed by the planning commission may include those conditions necessary to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads used by the land use or activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. The conditions imposed shall meet all of the following requirements:

a.

Be designed to protect the 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.

b.

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

c.

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

d.

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

(Ord. of 7-18-2022)

(a)

Schedule of regulations; article 3, division 1 of this chapter.

(b)

Site plan review standards; article 2, division 2 of this chapter.

(c)

Parking and loading-unloading standards; article 7 of this chapter.

(d)

Sign standards; chapter 13.

(e)

Landscaping and screening; article 8 of this chapter.

(f)

Access management standards; article 9 of this chapter.

(Ord. of 7-18-2022)

The following regulations apply to all parking districts P:

(1)

No land shall be zoned as parking district P except in conjunction with other lands in another zoning district which are adjacent or nearby and owned or occupied by the same person, firm or corporation. Lands zoned parking district P shall be limited to the sole use of providing customer or employee parking without charge for the nearby area owned or occupied by the same person, firm or corporation which the parking area serves.

(2)

Limitations.

a.

No construction of any kind shall be permitted on areas zoned "parking district" except paving, curbing and ornamental tree and shrub plantings.

b.

Whenever an area shall be zoned a parking district and is adjacent to any residential zoned area a living green screen buffer area at least ten feet in width shall be maintained along all adjacent residentially zoned areas and no parking or other vehicular use shall be permitted on such buffer area.

c.

A living green screened buffer area shall be required along those areas fronting on a public street. Depth of the required green area shall be determined by the planning commission; however, such depth shall not be less than 20 feet.

(Ord. of 7-18-2022)

It is the intent of the PUD zoning district to provide for flexibility in the regulation of land development, encourage innovation in land use and variety in design, layout, and type of structure, achieve economy and efficiency in the use of land, natural resources, energy, and the providing of public services and utilities. In order to accomplish these objectives, this district permits a developer or the township to initiate a rezoning to PUD. The PUD zoning district allows the developer the opportunity to mix compatible uses or residential type on a single property. The use of land, and the construction and use of buildings as a planned unit development shall be in conformance with the procedures, standards, requirements, and conditions contained in this division.

(Ord. of 7-18-2022)

Principal uses, permitted in the PUD district are based on the future land use designation in the township master plan, as follows:

(1)

Single-family residential future land use designations, including agricultural/rural residential, low density single family residential, medium density single family residential, and high density single family residential:

a.

The list of permitted uses includes principal permitted uses and special land uses in the R1-A, R1-B, R1-C, R1-D, and RM-1 districts. These uses generally include low density, medium density, multiple family dwellings, or a mixture of single and multiple dwellings on a planned basis, through the use of attached dwellings, townhouses, apartment building, zero lot line configuration or any combination of these residential uses.

b.

In addition, for sites having a minimum size of 20 acres, up to twenty percent of the total site acreage may be developed with uses permitted in the C-1 district. Such local business district uses must front a public street and be developed in conjunction with, or following, development of the residential uses.

(2)

All other future land use designations, including office, commercial, multi-family residential, mobile home park, mixed use, industrial, and planned unit development:

a.

All business, service, residential, professional offices, light manufacturing, and other commercial uses, or any combination of these uses, listed as a principal permitted use or special land use in the RM-1, EH, O-1, C-1, C-2, or C-3 districts. In addition, other business, service, office, light manufacturing, and residential uses may be permitted, if determined by the planning commission to be compatible with the PUD concept plan and surrounding uses. Location and acreage for each type of use shall be shown on the PUD concept plan.

(Ord. of 7-18-2022)

The following provisions shall apply to all planned unit developments:

(1)

The planned unit development site shall be under the control of one owner or group of owners and shall be capable of being planned and developed as one integral unit.

(2)

A rezoning to PUD may be initiated by the petitioner, the planning commission, or the township board.

(3)

The proposed site must be at least ten acres in area.

(4)

Developments on sites less than ten acres may apply for a special land use permit. If approved, the development may then proceed through the PUD application and review procedure.

(Ord. of 7-18-2022)

(a)

The application process for a PUD involves a three-step process.

(1)

An optional preapplication workshop with the planning commission may be requested by the applicant. The purpose of this workshop is to discuss the appropriateness of the PUD concept plan, solicit feedback, and receive requests for additional materials supporting the proposal. An applicant requesting such a workshop shall request placement on the planning commission agenda.

(2)

Submission of a PUD concept plan for review by the planning commission and approval by the township board as part of the PUD rezoning.

a.

Planned unit developments that meet the each of following criteria are not required to submit a concept plan along with a request to rezone property to PUD. These developments are still encouraged to request a preapplication workshop.

1.

Located in the PUD future land use designation.

2.

On sites at least ten acres in area.

3.

Determined to be consistent with the Genesee Valley Area Subarea Plan by the building department.

(3)

Submission of a final PUD site plan for approval by the planning commission.

(b)

The applicant shall prepare and submit to the township clerk 12 copies of a concept plan, meeting the requirements of section 14.3-244 at least 20 days prior to the meeting at which the planning commission shall first review the request for a rezoning to PUD.

(1)

The planning commission shall review the PUD concept plan and hold a public hearing, consistent with the process for amendments to the ordinance provided in section 14.2-7. During this review, the planning commission may request additional materials supporting the PUD proposal, or recommend modifications or conditions based on the standards of section 14.3-245. The planning commission shall then, within 60 days of the submittal, make a recommendation on the PUD concept plan to the township board.

(2)

The township board shall approve or deny the PUD concept plan and rezoning based on the standards of section 14.3-245.

(3)

The concept plan shall include a description of dimensional requirements and range of uses and densities proposed to apply to the concept plan development and shall be made part of the PUD rezoning approval.

(4)

Approval of the PUD concept plan by the township board shall confer upon the owner the right to proceed through the subsequent planning phase for a period not to exceed three years from date of approval. This period may be extended by the planning commission for an additional three-year period. If no action is taken by the owner during this period, the township board may initiate an amendment to remove the PUD classification.

(c)

The applicant shall submit 12 copies of a detailed final PUD site plan to the township clerk, meeting the requirements of section 14.2-35-246 for all or any phase of the approved PUD concept plan at least 20 days prior to the planning commission meeting at which the planning commission shall review the site plan.

(1)

Upon submission of all required materials and fees, the planning commission shall approve, deny, or approve with conditions in accordance with the standards and regulations of this article, the final PUD site plan.

(2)

If the final PUD site plan was approved with conditions, the applicant shall submit a revised site plan prior to the issuance of any building permits.

(3)

If the approved PUD concept plan indicated that the proposed development was to occur in phases, final site plan approval may be granted on each phase of the development, provided that each phase contains all the necessary components to insure the health, safety, and welfare of the users of the planned unit development and the residents of the surrounding area. Subsequent phases shall also follow the process for final site plan approval.

(Ord. of 7-18-2022)

The PUD concept plan shall set forth the proposed uses to be developed in the planned unit development and the following specific information:

(1)

Current proof of ownership of the land to be utilized or evidence of a contractual ability to acquire such land, such as an option or purchase agreement.

(2)

Written documentation that the proposal meets the standards of section 14.3-246.

(3)

A completed application form, supplied by the building department, and an application fee. A separate escrow deposit may be required for administrative charges to review the PUD submittal.

(4)

Sheet size of submitted drawings shall be at least 24 inches by 36 inches, with graphics at an engineer's scale of one-inch equals 20 feet for sites of 20 acres or less; and one-inch equals 40 feet for sites of more than 20 acres.

(5)

Cover sheet providing:

a.

The applicant's name;

b.

Name of the development;

c.

The preparer's name and professional seal of architect, engineer, surveyor or landscape architect indicating license in the state;

d.

Date of preparation and any revisions;

e.

North arrow;

f.

Property lines and dimensions;

g.

Complete and current legal description and size of property in acres;

h.

Small location sketch of the subject site and area within one-half mile, including a scale;

i.

Zoning and current land use of applicant's property and all abutting properties and of properties across any public or private street from the PUD site;

j.

Current and proposed lot lines and all structures on the property and within 100 feet of the PUD property lines;

k.

Location of any access points on both sides of the street within 100 feet of the PUD site along streets where access to the PUD is proposed.

(6)

A plan sheet indicating:

a.

Existing locations of significant natural features, existing drainage patters, floodplain areas, MDNR designated or regulated wetlands, nonregulated wetland areas two or more acres in size, and a tree survey indicating the location and diameter, in inches, measured four feet above grade, of landmark trees;

b.

Existing and proposed topography at five-foot contour intervals, or two-foot contour intervals, two-foot intervals are required for final site plan, and a general description of grades within 100 feet of the site;

c.

Dimensions of existing and proposed right-of-way lines, names of abutting public streets, proposed access driveways and parking areas, and existing and proposed pedestrian and/or bicycle paths;

d.

Existing buildings, utility services with sizes, and any public or private easements, noting those which will remain and which are to be removed;

e.

Layout and typical dimensions of proposed lots, footprints and dimensions of proposed buildings and structures; uses with the acreage allotted to each use. For residential developments, the number, type and density of proposed housing units;

f.

General location and type of landscaping proposed, evergreen, deciduous, berm, etc. noting existing trees and landscaping to be retained; and

g.

Size, type and location of proposed identification signs.

h.

The location of sidewalks and pedestrian pathways within the PUD development. All PUDs should include connections to sidewalks, pathways, and/or trails outside of the development whenever possible.

(7)

If a multi-phase planned unit development is proposed, identification of the areas included in each phase. For residential uses, identify the number, type, and density of proposed housing units within each phase.

(8)

Any additional graphics or written materials requested by the planning commission or township board to assist the township in determining the appropriateness of the PUD such as, but not limited to: aerial photography; market studies; impact on public primary and secondary schools and utilities; traffic impacts using trip generation rates recognized by the Institute of Transportation Engineers for an average day and peak hour of the affected roadways; impact on significant natural features and drainage; impact on the general area and adjacent property; description of how property could be developed under the regulations of the current zoning district; preliminary architectural sketches; and estimated construction cost.

(Ord. of 7-18-2022)

Based upon the following standards, the planning commission may recommend denial or approval and the township board may approve or deny the proposed planned unit development concept plan:

(1)

The planned unit development shall have a minimum size of ten contiguous acres.

(2)

The uses proposed will have a beneficial effect, in terms of public health, safety, welfare, or convenience, on present and future potential surrounding land uses. The uses proposed will not adversely affect the public utility and circulation system, surrounding properties, or the environment. The public benefit shall be one which could not be achieved under the regulations of the underlying district alone, or that of any other zoning district.

(3)

The number and dimension of off-street parking spaces shall be sufficient to meet the minimum required by this chapter. However, where warranted by the shared parking arrangement, parking lot deferment (subsection 14.7.2(g)), or parking space reduction (subsection 17.7.2(m)) the planning commission may reduce the required number of parking spaces.

(4)

All streets and parking areas within the planned unit development shall meet the minimum construction and other requirements of township ordinance and county road commission.

(5)

Landscaping shall be preserved and/or provided to ensure that proposed uses will be adequately buffered from one another and from surrounding public and private property.

(6)

Judicious effort shall be used to preserve significant natural features and the integrity of the land, including MDEQ-regulated and non-MDEQ-regulated wetlands.

(7)

The site shall have adequate lateral support so as to ensure there will be no erosion of soil or other material. The final determination as to adequate or need for, lateral support shall be made by the building department.

(8)

Public water and sewer facilities shall be available or shall be provided for by the developer as part of the site development.

(9)

Safe, convenient, uncongested, and well defined vehicular and pedestrian circulation within and to the site shall be provided.

(10)

Drives, streets and other elements shall be designed to discourage through traffic, while promoting safe and efficient traffic operations within the site and at its access points.

(11)

The uses proposed shall be consistent with the township master plan.

(12)

Sidewalks may be required.

(Ord. of 7-18-2022)

The final PUD site plan shall include all the information required for approval of site plans in section 14.2-35, unless the building department determines that some of the required information is not reasonably necessary for the consideration of the planned unit development.

(Ord. of 7-18-2022)

The planning commission shall use the standards for approval of article 4 of this chapter, site plan review standards, in reviewing the final PUD site plan.

(Ord. of 7-18-2022)

Any conditions imposed by the planning commission on the final site plan approval shall follow the procedures of article 2, division 2, site plan review standards, section 14.2-37.

(Ord. of 7-18-2022)

(a)

Project commencement. Construction on the approved final site plan, or for a phase thereof, shall be commenced and proceed in a reasonably diligent manner, within 18 months of approval. If the planned unit development has not commenced and proceeded beyond site grading to include, at a minimum, installation of footings or foundations and underground utilities at the end of that 18-month period, then the site plan shall be automatically invalid and void.

(b)

Project completion. The approved site plan shall remain valid for a three-year period following the date of final site plan approval.

(c)

Extensions. The three-year period for project completion may be extended for one year, if applied for by the petitioner and granted by the planning commission in writing following public notice and a public hearing. Failure on the part of the owner to secure the written extension shall result in a stoppage of all construction.

(Ord. of 7-18-2022)

(a)

Appeals of a planning commission determination regarding consistency of a PUD site plan with the concept plan approved by the township board shall be to the township board. Appeals of all other decisions of the planning commission regarding a PUD site plan shall be to the zoning board of appeals, consistent with division 3 of this chapter.

(b)

The filing of an appeal of a decision of the planning commission concerning a PUD plan shall act to stay any building permit issued for improvements on the property which is the subject of the appeal.

(c)

On hearing such appeal, the township zoning board of appeals shall review the record before the planning commission and shall determine whether or not there was support on the record for the original decision. The appellant shall not have the right to present new evidence, but shall be bound by the record before the planning commission. The zoning board of appeals shall approve the PUD plan if the requirements of this division and other applicable township ordinances are met, and prepare written findings on its decision on the appeal.

(d)

An appeal of a township zoning board of appeals decision concerning a PUD plan shall be to the circuit court of the county.

(Ord. of 7-18-2022)

Deviations from the approved final PUD site plan may occur only under the following circumstances:

(1)

An applicant or property owner who has been granted final PUD site plan approval shall notify the building department of any proposed amendment to such approved site plan.

(2)

Minor changes may be approved by the building department upon certification in writing to the planning commission that the proposed revision does not alter the basic design nor any conditions of the plan imposed upon the original approval by the planning commission. In considering such a determination, the building department shall consider the following to be a minor change:

a.

For residential buildings, the size of structures may be reduced, or increased by five percent provided that the overall density of units does not increase;

b.

Square footage of nonresidential buildings may be decreased, or increased by up to five percent or 10,000 square feet, whichever is smaller;

c.

Horizontal and/or vertical elevations may be altered by up to five percent;

d.

Movement of a building or buildings by no more than ten feet;

e.

Designated "areas not to be disturbed" may be increased;

f.

Plantings approved in the final PUD landscape plan may be replaced by similar types of landscaping on a one-to-one or greater basis;

g.

Improvements to site access or circulation, such as inclusion of deceleration lanes, boulevards, curbing, pedestrian/bicycle paths, etc.;

h.

Changes of building materials to another of higher quality, as determined by the building department;

i.

Changes in floor plans which do not alter the character of the use;

j.

Relocation of sidewalks and/or refuse storage stations;

k.

Internal rearrangement of parking lot which does not affect the number of parking spaces or alter access locations or design; and

l.

Changes required or requested by the township board for safety reasons shall be considered a minor change.

(3)

Should the building department determine that the requested modification to the approved final PUD site plan is not minor, resubmittal to the planning commission shall be required.

(4)

Should the planning commission determine that the modifications to the final PUD site plan significantly alter the intent of the preliminary PUD site plan, a new submittal illustrating the modification shall be required.

(5)

Any deviation from the approved PUD site plan, except as authorized in section 14.3-251, shall be considered a violation of this division, and treated as such. Further, any such deviation shall invalidate the PUD rezoning.

(Ord. of 7-18-2022)

(a)

Intent. It is the intent of this division to allow flexibility in the regulation of land development beyond that contemplated in section 14.3-240. In addition to the purposes stated in section 14.3-240, it is the intent of this section to assure the permanent preservation of open space and other natural resources, to provide recreational facilities within a reasonable distance of all residents of an open space community, to facilitate the construction and maintenance of streets, utilities and public services in a more economical and efficient manner, and to encourage a less sprawling form of development, thus preserving open space as undeveloped land. In order to achieve this additional flexibility and accomplish the specified purpose this division permits the clustering of new homes on smaller lots. A group of residential structures so clustered is referred to as an open space community. If an open space community is developed this division requires that the home sites in that community be surrounded with permanently preserved open space.

(b)

Site criteria.

(1)

An open space community may be located on any land zoned for residential development.

(2)

The open space community shall have direct access to an approved public roadway.

(3)

The open space community shall, to the extent possible, preserve significant size trees, mature woodland, wetlands and wildlife habitats.

(c)

Submission requirements.

(1)

Parallel plan.

a.

A parallel plan shall be prepared by the developer showing a feasible development under the requirements of the specific zoning district in which the proposed development is to be located and the requirements of any and all state, county and township subdivision regulations. All lots, roads and other improvements shall be designed so that they do not adversely impact wetlands, floodplains or drainageways, as regulated by federal, state, county or local agencies.

b.

The density within the parallel plan shall be set forth and conform to the following:

1.

Single-family residential/site condominium: lot size to be based on the requirements of the zoning district or as approved by the planning commission.

2.

Multifamily residential: lot size to be based on the requirements of the zoning district or as approved by the planning commission.

c.

It must be determined by the planning commission that this parallel plan or conventional subdivision is able to be physically constructed and meet all current subdivision regulations should the open space community be denied or not constructed. If there is a question regarding water, sewer, septic, wetlands or floodplains, the planning commission may request validation from the proper regulatory authority. If it is determined, through these responses, that the number of lots proposed is not feasible the parallel plan shall be revised and resubmitted, minus the necessary number of lots to render the plan feasible.

(2)

Site analysis plan. A site analysis plan shall be submitted showing the following site features:

a.

Wetlands as determined by the state department of environmental quality;

b.

Water areas such as streams and ponds;

c.

Woodlands and farmlands;

d.

Soils and topography;

e.

Drainage patterns and drains;

f.

Wildlife habitats;

g.

Existing easements of record;

h.

Existing infrastructure; and

i.

Adjacent development within 200 feet.

(3)

Conservation area analysis. The site analysis elements listed in subsection (c)(2) of this section shall be used to outline the primary and secondary conservation areas. The primary conservation areas include areas where no development is to occur. The secondary conservation areas are areas where development can occur but special care must be taken to minimize adverse impacts.

a.

Primary conservation areas: floodplains, regulated wetlands or any other land that is regulated by the state department of environmental quality, the state department of natural resources, the Army Corps of Engineers, the United States Environmental Protection Agency, or any other regulatory body that has jurisdiction over land that cannot be used for the construction of housing, drainageways, easements, or other exceptional elements.

b.

Secondary conservation areas: farmlands, woodlands, suspected or marginal wetlands, tree lines, soils sensitive to development, soils prone to flooding, aesthetic views.

c.

Buildable areas: areas that are not dedicated to primary conservation areas may be treated as buildable areas. Housing sites should be located so as to complement the conservation areas.

(4)

Open space plan. An open space plan detailing the proposed housing layout shall be submitted. Housing units depicted on said plan shall not exceed the maximum number of housing units depicted on the parallel plan. All roads providing interior access to home sites shall also be shown. This plan must be drawn to scale but need not be scaled by an engineer or architect at this point in the review process. Furthermore, the open space plan shall, unless otherwise specifically provided for in this section, conform to all other applicable provisions of the township's zoning ordinance including, but not limited to, the use restrictions in the zoning districts and to the following site design requirements:

a.

Minimum yard setbacks. The minimum yard setbacks shall be based on the requirements of the zoning district or as approved by the planning commission.

b.

Minimum open space. A minimum of 50 percent of the gross land area shall be set aside in perpetuity as open space. Open space must remain in an undeveloped state. For purposes of this section, the term "undeveloped state" means a natural state preserving natural resources, natural features, or scenic or wooded conditions; agricultural use; open space; or a similar use or condition. Land in an undeveloped state does not include a golf course but may include a recreational trail, picnic area, children's play area, greenway or linear park. Land in an undeveloped state does also not include land within a setback for any specific lot.

c.

Maximum amount of unbuildable land used as open space. A maximum of 50 percent of the total open space allotment may be primary conservation areas.

d.

Houses abutting the open space. A minimum of 50 percent of all dwelling units within the development shall about or overlook the dedicated open space.

e.

Access to open space. Access points or paths shall be provided to afford access to open space and common areas. These access points shall link the open space to roadways, sidewalks or the remainder of the development.

f.

Natural area. An undisturbed greenbelt shall be required around any natural features or farmland preserved within the common open space areas.

g.

Architectural and site element design. Residential facades shall not be dominated by garages. At least 50 percent of residential units shall have side, rear or recessed entry garages where the front of the garage is at least five feet behind the front line of the living portion of the residence. The intent of encouraging recessed or side entry garages is to enhance the aesthetic appearance of the development and minimize the negative aesthetic impact resulting from the close clustering of units allowed under this section. Building elevations shall be required for all structures other than single-family dwellings. Signage, lighting, entryway features, landscaping, building materials for the exterior of all structures, and other features of the project shall be designed and completed with the objective of achieving an integrated and cohesive development. The planning commission may require street or site lighting where appropriate.

h.

Pedestrian circulation. The open space community shall provide pedestrian access to all open space areas from all residential areas. Trails within the open space community may be constructed of gravel, woodchip or other similar material, but the planning commission may require construction of eight-foot-wide asphalt bike paths through portions of the development or along any public right-of-way abutting the open space community. Locations for school bus stops shall be provided on the site plan.

(d)

The review process.

(1)

The planning commission shall determine whether the submitted parallel plan, the site analysis plan, the conservation area analysis and the open space plan meet all applicable regulations of the state land division act and township subdivision regulations.

(2)

The planning commission shall also confirm the accuracy and feasibility of the proposed development.

(3)

Upon determination by the planning commission that the submitted plans meet all applicable state, county and township regulations the developer may undertake the process for development of an open space community.

(e)

Dedication of open space.

(1)

The minimum of 50 percent of the gross land area that is to be open space shall be set aside in an irrevocable conveyance that is acceptable to the township attorney and approved by the township's board of trustees such as a conservation easement as that term is defined in section 2140 of the natural resources and environmental protection act, MCL 324.2140, a plat dedication, a restrictive covenant, or other legal means that runs with the land.

(2)

The conveyance shall also detail a maintenance schedule and funding for operation, maintenance and insurances for all open space areas, and facilities, projects and programs that are to take place in the open space areas. Included within that detail shall be methods of collection and payment.

(Ord. of 7-18-2022)

The MU mixed use district is intended to allow for a mix of uses with residential development on second floors and behind commercial and office uses. This district should create areas that attract new activity and investment with strong pedestrian linkages, landscaping features, and public space along with buildings that front street rights-of-way and enhance overall community character.

(Ord. of 7-18-2022)

Principal uses permitted in the MU mixed use district are as follows:

(1)

Apartment dwellings located above commercial, or office uses on the second floor or above.

(2)

Banks, savings and loans, and credit unions (not including drive-through branches).

(3)

Bed and breakfast inns.

(4)

Convenience stores without gasoline service or liquor stores.

(5)

Exterior 24-hour banking centers/ready tellers which are separate from a financial institution.

(6)

Hotels and motels.

(7)

Housing for the elderly.

(8)

Indoor recreational establishments.

(9)

Multiple-family dwellings.

(10)

Personal service establishments such as, but not limited to, small electronics repair shops, shoe repair, tailors, hair styling salons, photographer's studios, film processing outlets, copy centers, interior decorators, postal centers, self-service laundry and dry cleaners.

(11)

Professional offices such as: medical, dental, chiropractors, osteopaths and similar or allied professions.

(12)

Professional services such as insurance, real estate, legal, financial, and similar or allied professions.

(13)

Public and semipublic institutional buildings, structures and uses, and public parks.

(14)

Restaurants and other establishments serving food and/or beverages, excluding restaurants with drive-in and drive-through facilities.

(15)

Retail food establishments which supply groceries, fresh produce, meats, dairy products, baked goods, confections or similar commodities for consumption off the premises. Food stuffs may be prepared on the premises as an accessory use if sold at retail prices on premises.

(16)

Retail businesses conducted entirely within an enclosed building such as: drug stores, liquor, dry goods, clothing, furniture, hardware, music, bookstores, and gift shops.

(17)

Accessory buildings, structures and uses customarily incidental to any of the principal uses set forth in this section, as defined in section 14.5-5.

(Ord. of 7-18-2022)

Special land uses for the MU mixed use district are as follows:

(1)

Automobile dealerships, new and used car sales.

(2)

Automobile service stations.

(3)

Banks, savings and loans, credit unions and other facilities, with drive-through facilities.

(4)

Child care centers.

(5)

Churches.

(6)

Colleges.

(7)

Commercial schools including art and dance studios, music and voice schools, business schools, and other types of schools not providing general education instruction.

(8)

Congregate housing for the elderly.

(9)

Convenience stores, with gasoline service and/or liquor stores.

(10)

Essential public service buildings.

(11)

Funeral homes.

(12)

Group child care homes as required by section 206 of Public Act No. 110 of 2006 (MCL 125.3206).

(13)

Home occupations.

(14)

Hospitals.

(15)

Mixed use site condominiums.

(16)

Open air businesses.

(17)

Primary and secondary schools, either public or private, providing general educational instruction as defined by state statues.

(18)

Private clubs, lodge halls, theaters, cinemas, and similar such assembly buildings when completely enclosed.

(19)

Restaurants and other business establishments utilizing drive-in or drive-through facilities.

(20)

Single-family dwellings.

(21)

Two-family dwellings.

(22)

Veterinary hospitals, clinics, and commercial kennels, provided that all activities are conducted within a completely enclosed building.

(23)

Zero lot line attached single-family housing.

(24)

Accessory buildings, structures and uses customarily incidental to any of the special land use set forth in this section as defined in section 14.5-5.

(25)

Other uses of the same nature or class as those listed as either a principal use or special land use in this district which, as determined by the planning commission, are no more intense or detrimental to the surrounding area than those listed.

(Ord. of 7-18-2022)

(a)

Schedule of regulations; article 3, division 1 of this chapter.

(b)

Site plan review standards; article 2, division 2 of this chapter.

(c)

Parking and loading-unloading standards; article 7 of this chapter.

(d)

Sign standards; chapter 13.

(e)

Landscaping and screening; article 8 of this chapter.

(f)

Access management standards; article 9 of this chapter.

(Ord. of 7-18-2022)