This article provides for regulatory procedures and standards for uses which are essentially compatible with uses permitted by right in a given district. These uses by reason of the special nature of such uses require a stricter level of review by the township. It is the intent of this article to allow reasonable uses of land while maintaining adequate provisions for the protection of the health, safety and welfare of the community.

(Ord. of 7-18-2022)

(a)

Any person owning or having an interest in the subject property may file an application for a special land use permit.

(b)

The following materials shall be submitted to the building department prior to the meeting at which the planning commission first considers the application:

(1)

Copies of a site plan meeting the requirements of article 2, division 2 of this chapter.

(2)

Payment of the required fee.

(c)

An analysis of the planning implications of the proposed development may be required by the planning commission. The methodology of how the planning implications were determined should be included. The analysis shall be carried out by qualified individuals and shall include, but need not be limited to:

(1)

Estimated population holding capacity of any residential land uses to be included in the proposed development and general impact on community facilities such as primary and secondary schools and parks.

(2)

A traffic analysis which relates the trip generation of the proposed development to existing and projected traffic capacities, volumes and patterns on surrounding streets.

(d)

Upon receipt of an application for a special land use, procedures outlined in Public Act No. 110 of 2006 (MCL 125.3101 et seq.) must be followed.

(Ord. of 7-18-2022)

(a)

The planning commission shall have final review authority for all special land uses.

(b)

Following the submission of the required application material the planning commission shall hold a public hearing in accordance with Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

(c)

The planning commission shall review the application in terms of the requirements of this article and shall approve, deny or approve with conditions the application.

(d)

Upon approval of an application, the building department shall ensure a special land use permit. The building department shall be responsible for insuring that any conditions to the approval are adhered to.

(Ord. of 7-18-2022)

(a)

Prior to approving a special land use application, the planning commission shall require that the following general standards, in addition to any of the specific standards in section 14.6-9 are satisfied. The proposed use or activity shall:

(1)

Be compatible and in accordance with the goals, objectives, policies, and strategies of the township master plan and promote the intent of the zoning district in which the use is proposed.

(2)

Be constructed, operated and maintained so as to be compatible with the existing or intended character of the general vicinity and so as not to change the essential character of the area in which it is proposed.

(3)

Be serviced adequately by public facilities and services, such as highways, streets, police and fire protection, drainage structures, water and sewage facilities and primary and secondary schools.

(4)

Not involve uses, activities, processes, materials and equipment or conditions of operation that will be detrimental to the natural environment, public health, safety or welfare by reason of excessive production of traffic, noise, smoke, odors or other such nuisances.

(b)

Properties for which application for special land use approval is made shall also be subject to site plan review in accordance with the requirements of article 2, division 2 of this chapter, site plan review.

(Ord. of 7-18-2022)

(a)

Prior to granting any special land use permit, the planning commission may impose any additional conditions or limitations as in its judgment may be necessary for protection of the public interest. Such conditions shall be related to and ensure that the review considerations of section 14.6-4, and the applicable regulations of section 14.6-9 are met.

(b)

Approval of a special land use, including conditions made as part of the approval, is attached to the property described as part of the application and not to the owner of such property.

(c)

A record of conditions imposed shall be maintained. The conditions shall remain unchanged unless an amendment to the special land use permit is approved.

(d)

A record of the decision of the planning commission, the reasons for the decision reached and any conditions attached to such decision shall be kept and made a part of the minutes of the planning commission.

(e)

The building department shall make periodic investigations of developments authorized by special land use permit to determine continued compliance with all requirements imposed by the planning commission and this chapter. Noncompliance with the requirements and conditions approved for the special land use shall constitute grounds for the planning commission to terminate said approval following a public hearing. Such hearing shall be held in accordance with the procedures used for the original hearing as required by this chapter.

(Ord. of 7-18-2022)

(a)

In cases where actual physical construction of a substantial nature of the structures authorized by a special land use permit has not commenced within one year of issuance, and a written application for extension of the approval has not been filed as provided in subsection (b) of this section, the permit shall automatically become null and void and all rights thereunder shall terminate.

(b)

Upon written application filed prior to the termination of the one-year period, the planning commission may authorize a single extension of the time limit for a further period of not more than one year. Such extension shall only be granted based on evidence from the applicant that the development has a reasonable likelihood of commencing construction with the one year extension.

(c)

The granting of a special land use permit shall allow that particular use to be conforming on the subject property, as long as the standards of this article are maintained.

(d)

Any use for which a special land use permit has been granted and which ceases to continuously operate for a six-month period shall be considered abandoned and the special land use permit shall become null and void.

(e)

No application for a special land use permit which has been denied wholly or in part shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence or proof of changed conditions relating to all of the reasons noted for the denial found to be valid by the planning commission.

(Ord. of 7-18-2022)

The ZBA is not authorized to hear appeals of planning commission decisions concerning a special land use. Decisions must be appealed to circuit court.

(Ord. of 7-18-2022)

Amendments to approved special land use permits shall only be granted in conformance with section 14.2-40, site plan review.

(Ord. of 7-18-2022)

(a)

Uses and requirements enumerated. The general standards and requirements of section 14.6-4, are basic to all uses authorized by a special land use permit. However, certain special land uses, because of their unique character and potential impact on the welfare of adjacent properties and the township, require additional specific requirements. Such uses are listed in the table provided in this section with specific standards and regulations that must be met in addition to the general standards of section 14.6-4 and other sections of this chapter. Special land uses with specific site and/or use standards as described on the following pages:

(1)

Automobile car dealerships.

a.

Automobile dealerships shall only be located where they can be accessed by major traffic routes as classified by the township master plan.

b.

The design shall ensure that vehicular circulation patterns eliminate potential conflicts between traffic generated on site and traffic on adjacent streets.

c.

The principal buildings shall be set back 150 feet from any public right-of-way or property line.

d.

Maximum lot coverage of all buildings shall be 30 percent of all buildings, maximum parking and paved areas shall be 80 percent of the site.

e.

Only one ingress/egress driveway shall be permitted on any single street.

(2)

Automobile used car lots.

a.

Automobile used car lots shall only be located where they can be accessed by major traffic routes as classified by the township master plan.

b.

The design shall ensure that vehicular circulation patterns eliminate potential conflicts between traffic generated on site and traffic on adjacent streets.

c.

The principal buildings shall be set back 150 feet from any public right-of-way or property line.

d.

Maximum lot coverage of all buildings shall be 30 percent of all buildings, maximum parking and paved areas shall be 80 percent of the site.

e.

Only one ingress/egress driveway shall be permitted on any single street.

(3)

Automobile service stations.

a.

There shall be a minimum lot area of 12,000 square feet and minimum lot width of 250 feet.

b.

Pump islands shall be a minimum of 15 feet from any public right-of-way or lot line.

c.

Access driveways shall meet the standards of article 9 of this chapter, and under no circumstances shall access be located at closer than 25 feet from the intersection of any street or any other driveway.

d.

Where adjoining residentially zoned or used property, a solid fence or wall six feet in height shall be erected along any common lot line. Such fence or wall shall be continuously maintained in good condition.

e.

All repair work shall be conducted completely within an enclosed building.

f.

There shall be no storage of vehicle components and parts, trash, supplies or equipment outside of a building.

g.

In the event that an automobile service station use has been abandoned or terminated for a period of more than one year, all underground gasoline storage tanks shall be removed from the premises.

(4)

Automobile washes, automatic or self-service.

a.

Only one ingress/egress driveway shall be permitted on any single street.

b.

Where adjoining residentially zoned or used property a solid fence or wall six feet in height shall be erected along any common lot line. Such fence or wall shall be continuously maintained in good condition.

(5)

Banks, credit unions, savings and loan institutions with drive-through facilities.

a.

Only one ingress/egress driveway shall be permitted on any single street. If the use is located on a corner lot access to the drive-up facility shall be derived only from the street which carries the least amount of traffic at the time the application is approved, except that such access from any other street may be shared with an adjoining property.

b.

Standards contained in section 14.7-6 shall be maintained.

(6)

Churches. A building where the primary use is for the regular assembly of persons for religious worship or services, together with accessory uses. Churches and other facilities incidental thereto subject to the following:

a.

The site shall be adjacent to a primary thoroughfare as defined in the township's master plan and all ingress and egress shall be limited to, and directly upon, said thoroughfare.

b.

Buildings exceeding 25 feet in height shall be permitted, providing the front, side and rear yard setbacks are increased one foot for each foot the building exceeds 25 feet.

c.

A continuous and uninterrupted obscuring wall shall be provided along sides of the off-street parking area when adjacent properties are zoned residential. The height of the obscuring wall is determined by section 14.8-5.

d.

A minimum of three acres shall be provided.

e.

The front setback area shall remain as open space unoccupied and unobstructed from the ground upward except for landscaping, plant materials, or vehicle access drives.

(7)

Congregate housing for the elderly.

a.

All such congregate developments shall have ingress and egress from a site directly onto a major or secondary thoroughfare having existing or planned right-of-way of at least 100 feet.

b.

The site that shall contain at least 1,200 square feet of land area for each dwelling unit to be built on the site.

c.

The minimum setback from a public thoroughfare for any building shall be 50 feet. The minimum setback between any building and the nearest side or rear property line shall be 50 feet.

d.

No building on the site shall exceed two stories or 30 feet in height.

e.

The land area coverage by all buildings shall not exceed 30 percent of the site.

f.

The minimum distance between 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 structures lies opposite each other, either on a perpendicular or parallel plane.

g.

The minimum useable floor area per dwelling unit shall be 550 square feet for a one-bedroom unit and 650 square feet for a two-bedroom unit. In the interest of promoting and protecting the health, safety, comfort, convenience, and general welfare of elderly residents by providing adequate living space, efficiency units are not permissible for congregate housing for the elderly.

h.

All sides of the development shall be screened from any single-family residential zoned property by providing a continuous masonry wall six feet in height measured from the grade of the property required to provide the wall, or by six-foot ornamental fence along with a minimum 20 feet wide greenbelt projecting invalid from the fence onto the property being developed along with planting sufficient to screen the development from adjacent area.

i.

There shall be no parking within 20 feet of any building.

j.

The required 50-foot setback from any public thoroughfare shall not be used for off-street parking and shall remain as open space unoccupied from the ground upward except for landscaping, plant materials and vehicle access drives for ingress and egress.

k.

The facility shall provide a central dining room, central lounge, library, arts and crafts workshop and laundry facility for the benefit of the residents and their guests, the total area of which shall equal not less than 50 square feet for each dwelling unit. Other services customarily accessory to and incidental to such a use shall be permitted.

l.

All medical waste facilities shall be secured and meet the requirements of the state health department.

m.

Walkways shall be provided from the main building entrance to any sidewalks along the adjacent public street.

(8)

Convenience store with gasoline service.

a.

There shall be a minimum lot area of 12,000 square feet and minimum lot width of 250 feet.

b.

Pump islands shall be a minimum of 15 feet from any public right-of-way or lot line.

c.

Access driveways shall meet the standards of article 7, and under no circumstances shall access be located at closer than 25 feet from the intersection of any street or any other driveway.

d.

Where adjoining residentially zoned or used property, a solid fence or wall six feet in height shall be erected along any common lot line. Such fence or wall shall be continuously maintained in good condition.

e.

All repair work shall be conducted completely within an enclosed building.

f.

There shall be no storage of vehicle components and parts, trash, supplies or equipment outside of a building.

g.

In the event that an automobile service station use has been abandoned or terminated for a period of more than one year, all underground gasoline storage tanks shall be removed from the premises.

(9)

Liquor stores or convenience stores with a liquor store.

a.

Where adjoining residentially zoned or used property, a solid fence or wall six feet in height shall be erected along any common lot line. Such fence or wall shall be continuously maintained in good condition.

b.

A plan must be submitted along with the special land use application detailing how the liquor store will limit negative secondary effects on the surrounding neighborhood, including:

1.

Excessive numbers of persons gathering outside the establishment.

2.

Noise, odors, or lights that emanate beyond the site's boundaries onto residential or other commercial properties.

3.

Fighting, brawling, or other behavior that can accompany intoxication.

4.

Robberies, shoplifting, and other crimes that affect similar retail establishments open late.

(10)

Essential public service buildings and structures, such as electric substations, gas regulators, radio, television and cellular phone towers.

a.

The minimum lot size shall be one acre.

b.

The setbacks for each tower from adjacent rights-of-way and/or property lines shall be not less than one and one-half times the height of each tower above the ground.

c.

In any residential district, towers shall not exceed 100 feet in height.

d.

An open air fence six feet in height shall be constructed on the boundary property lines.

e.

Such facilities shall not be located on any lot which is closer than 150 feet from any lot occupied by a residential use or located in a residential zoning district.

f.

Electric or gas regulator equipment and apparatus shall be set back a minimum of 30 feet from all lot lines.

(11)

Extractive uses (such as commercial mining of sand, gravel, stone and similar materials).

a.

Extractive operations reasonably related to site development for building foundations, parking lot grading and preparation, grading for approved detention or retention ponds and/or intended to accommodate swimming pools, as determined by the building department, shall not require a special land use permit.

b.

All extractive uses shall be established and maintained in accordance with all applicable state statutes.

c.

The applicant shall submit a written statement describing:

1.

The equipment to be used and the process involved;

2.

A time period by which the excavation shall be completed, including a specified extension period should undue weather conditions arise;

3.

Indication of the proposed use of the property following the extraction;

4.

An approved reclamation plan;

5.

An agreement to conform to the standards of the zoning ordinance;

6.

Documentation that demonstrates to the satisfaction of the planning commission that the extractive activities will not produce any serious consequences which will adversely affect the natural topography, drainage patterns, water bodies, floodplains, street conditions, nearby property values or use of adjacent land. The planning commission may require separate environmental, engineering, traffic impact or marketing studies supporting the need for and minimal consequences of such extraction.

d.

The planning commission may require a performance bond or other guarantee to ensure compliance with the standards of this article. In addition, the planning commission may require an occupancy permit to allow extractive activities for a time not exceeding one year. The permit may be renewed upon the finding by the building department that the applicant has complied with the requirements by the township and other appropriate agencies.

e.

In order to ensure sublateral support, no machinery shall be erected or maintained within 50 feet of any property line or street right-of-way; or within 200 feet of any residential district.

f.

Stormwater runoff shall be accommodated in a manner approved by the building department.

g.

Creation of a lake or pond shall only be permitted where the applicant can demonstrate using engineering and hydrologic studies that the water can be maintained in a nonpolluted condition, and that the applicant meets any requirements by the state department of environmental quality.

h.

Truck routing shall be restricted to those streets designed to accommodate truck traffic on a year-round basis. The planning commission may restrict access routes to protect the character or surrounding areas and/or street pavement and base conditions.

i.

A reclamation plan shall be provided indicating final grades which are harmonious with surrounding grades and not in excess of five percent unless demonstrably necessary for the proposed reclamation land use. No topsoil shall be removed from the site; topsoil shall be redistributed properly upon completion of the extractive activities, or phase thereof.

j.

The planning commission may require that the site be enclosed with a six-foot high security fence with a locking access gate. Such fences shall be placed no closer than 50 feet to the top or bottom of any slope.

k.

No slope shall exceed an angle with the horizontal of 45 degrees.

l.

No building or structure shall be erected on the site, except as may be permitted in that zoning district or if approved as a temporary structure for machinery of field office.

m.

Proper measures shall be utilized to minimize the nuisance of noise and dust or airborne materials, as determined by the building department, and may include requirements on stockpiling size and/or covering of stockpiles.

(12)

Funeral homes.

a.

Minimum lot area shall be two acres and minimum lot width shall be 150 feet.

b.

A holding tank for contaminated biomedical waste shall be required.

(13)

Garden centers and nurseries.

a.

The storage or materials display areas shall meet all the yard setback requirements applicable to any building in the district.

b.

All loading activities and parking areas shall be provided on the same premises.

c.

The storage of any soil, fertilizer, or similar loosely package materials shall be sufficiently contained to prevent any adverse effect upon adjacent properties.

(14)

Golf courses, par three golf courses.

a.

Minimum lot size shall be 30 acres.

b.

The principal and accessory buildings, including maintenance sheds, shall be set back at least 75 feet from all property and street lines.

c.

Accessory buildings, structures and storage areas shall be screened on all sides from adjacent residential areas and public street rights-of-way.

d.

Operational hours for maintenance vehicles, course maintenance and/or irrigation may be restricted by the planning commission to protect nearby residential districts.

(15)

Home occupations.

a.

No person, other than members of the family residing in the dwelling, shall be engaged in the conduct of the home occupation.

b.

The use of the dwelling for the home occupation shall be clearly accessory, incidental and subordinate to its use for residential purposes, and not more than 20 percent of the floor area of the dwelling shall be used for the conduct of the home occupation.

c.

There shall be no change in the outside appearance of the dwelling or any other visible evidence of the conduct of the home occupation provided, however, that there may be one sign, not exceeding two square feet in area, nonilluminated, and mounted flat against the wall of the dwelling.

d.

Traffic generated by the home occupation shall not be greater than would normally be expected in a residential neighborhood, or in any case no more than ten vehicular trips per day. There shall be no commodities sold or services rendered that require receipt or delivery of merchandise, goods, or equipment, by other than a passenger motor vehicle or by parcel or letter carrier mail service using vehicles typically employed in residential deliveries.

e.

The home occupation shall be conducted entirely within the confines of the dwelling.

f.

There shall be no sale of products or service on the premises where the home occupation is located except those that are produced or used in the normal conduct of the home occupation.

g.

Any necessary parking spaces for vehicles generated by the conduct of the home occupation, as calculated by article 7, parking and loading-unloading standards, shall be provided on the site, but not within any required yard area.

h.

No equipment or process shall be used in the home occupation which creates noise, vibration, glare, fumes or odors detectable to the normal senses off of the premises on which the home occupation is located. In addition, no equipment or process shall be used in the home occupation which causes visual or audible interference in any radio or television receivers off the premises or causes fluctuation in the line voltage off the premises.

i.

Maximum inventory stored indoors shall be 100 cubic feet.

State Law reference— Single-family residence, instruction in craft or fine art as home occupation, MCL 125.3204.

(16)

Hospitals.

a.

All such hospitals shall be developed only on sites consisting of at least five acres in area.

b.

The proposed site shall have at least one property line abutting an arterial street, as identified in the township master plan.

c.

Front, side, rear and yard minimum setbacks shall be 50 feet.

d.

Parking setback shall be forth 40 feet in the front yard, 20 feet for side and rear yards.

e.

Emergency room, ambulance and delivery areas shall be screened from public view with an obscuring wall and/or landscaping a minimum of six feet in height.

f.

Auxiliary uses, such as a pharmacy, gift shop, cafeteria and similar customary hospital related uses shall be allowed.

g.

Parking for professional and outpatient buildings, or sections of a hospital building, shall be calculated as separated uses as noted in article 7 of this chapter. Only one-half of the total number of parking spaces within gated or restricted physician parking lots shall be included in parking calculations.

(17)

Indoor recreation, such as bowling alleys, indoor tennis, indoor skating, indoor theater, cinemas and similar uses.

a.

The principal and accessory buildings and structures shall be not be located within 100 feet of any residential district or permitted use.

b.

All uses shall be conducted completely within a fully enclosed building.

(18)

Kennels.

a.

For kennels housing dogs, the minimum lot size shall be two acres for the first four dogs and an additional one-third acre for each one additional dog.

b.

Building wherein dogs are kept, dog runs, and/or exercise areas shall not be located nearer than 100 feet from the property line and shall not be located in any required front, rear or side yard setback area.

c.

Such facilities shall be subject to other conditions and requirements necessary to ensure against the occurrence of any possible nuisance (i.e., fencing, sound-proofing, sanitary requirements).

(19)

Mini- or self-storage warehouses.

a.

Minimum lot size shall be three acres.

b.

Minimum building and parking setback shall be 50 feet from any public street right-of-way line, 50 feet setback from any residential district and 25 feet from any nonresidential zoning district.

c.

The front yard and any side yards adjacent to residential districts shall include wrought iron or similar decorative fencing and evergreen plantings spaced a maximum of ten feet apart on center.

d.

All storage shall be completely within enclosed buildings or structures, unless a separate special land use permit is granted for commercial outdoor storage on the premises, in accordance with section 14.6-7.

e.

A structure for a resident manager may be allowed on the site.

f.

The use shall be limited to storage only.

(20)

Open air business.

a.

Minimum lot area shall be one acre.

b.

Minimum lot width shall be 200 feet.

c.

A five-foot fence or wall shall be constructed along the rear and sides of the lot, capable of keeping trash, paper, and other debris from blowing off the premises, except as provided otherwise in this chapter.

d.

All open air business shall comply with all applicable county and state health department regulations regarding sanitation and general health.

e.

A building of not less than 500 square feet of gross floor area shall be constructed on the premises for office use in connection with the subject open air business.

f.

The planning commission or building department may require the permittee to furnish a surety bond executed by a reputable surety company authorized as to do business in the state, in an amount determined by the planning commission to be reasonably necessary to insure compliance hereunder. In fixing the amount of such surety bond, the planning commission or building department shall take into account the size and scope of the proposed open air business use, current prevailing cost of rehabilitating the premises upon default of the operator of the use, estimated expenses to compel the operator to comply by court decree, and such other factors and conditions as might be relevant in determining the sum reasonable in the light of all facts and circumstances surrounding each application.

g.

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

h.

All lighting shall be shielded from adjacent residential areas.

(21)

Restaurants and other establishments with drive-in and drive-through facilities.

a.

The main and any accessory buildings shall be set back 50 feet from any adjacent public right-of-way line or property line.

b.

Only one access shall be provided onto any street.

c.

Such businesses constructed adjacent to other commercial developments shall have a direct vehicular access connection where possible.

d.

A six-foot high obscuring wall, fence or landscaping shall be provided along any property line [adjacent to] a residential zoning district.

e.

Standards contained in section 14.7-6 shall be maintained.

(22)

Salvage yard.

a.

The salvage yard shall be enclosed on all sides by a solid wall or fence at least six feet in height. The wall or fence shall be maintained in good repair and shall be free of handbills or other advertising except for approved signs. Nontransparent gates not exceeding 48 feet in width shall be permitted in the enclosure.

b.

Vehicles or vehicle bodies shall be stored in rows with a minimum of 20-foot continuous loop drives separating each row of vehicles.

c.

Vehicle parts shall not be stored, loaded, unloaded, or dismantled outside the fence enclosing the salvage yard.

d.

No vehicle, bodies, or other materials shall be stored in a manner as to be visible from any residence, business, or street from a height at or below the top of the fence enclosing the yard.

e.

All batteries shall be removed from any vehicle, and all radiator and fuel tanks shall be drained prior to the vehicle being placed in the storage yard. Salvaged batteries, oil and other such substances shall be removed by a licensed disposal company or be stored in a manner which prevents leakage of battery fluid. No fluids removed from vehicles shall be applied as a dust control method.

f.

The property shall include at least six acres.

g.

The front obscuring fence shall be set back the same distance as a building in the industrial zoning district, and all such fences shall be set back a minimum of 500 feet from any residential use or district.

h.

In order to protect surrounding areas, the crushing of vehicles or any part thereof shall be limited to daylight hours, provided that such activities shall not be conducted on Sundays or federally recognized holidays.

i.

The applicant must demonstrate that the activities of the salvage yard will comply with all local, state and federal regulations.

j.

The planning commission may impose other conditions which have a reasonable relationship to the health, safety and general welfare of the township. These conditions can include a provision for an annual inspection by the building department to ensure continuing compliance with the standards of this subsection (22).

(23)

Schools, primary and secondary schools, commercial schools and colleges.

a.

At least one street access shall be onto an arterial or collector street as classified by the township master plan.

b.

All play areas adjacent to a residential district must be fenced.

c.

Bus and automobile drop off and pick up drives shall be separate from, and not conflict with, through travel lanes of any street classified as an arterial, collector or local street in the township master plan.

(24)

Veterinary clinics; animal hospitals.

a.

The principal accessory building or structure shall be set back 75 feet from the front property line and 50 feet from all other property lines.

b.

All principal use activities shall be conducted within a totally enclosed principal building.

c.

Parking lots, the nearest edge of which is 50 feet or nearer to a residential district or use, shall be effectively screened by a buffer strip, wall or fence at least three feet above the highest point of the parking lot which it screens. It shall be designed so as not to present a safety hazard for vehicles entering or leaving the site.

(25)

Zero lot line single-family housing. The following apply only to R-1C and R-1D, single-family residential districts. Single-family attached dwelling units, designated for individual ownership in fee simple of the dwelling unit and appurtenant land areas, upon the following conditions:

a.

Each dwelling unit, including the appurtenant land areas, shall be platted pursuant to Public Act No. 288 of 1967 (MCL 560.101 et seq.), or condominium pursuant to Public Act No. 59 of 1978 (MCL 559.101 et seq.).

b.

Each proposal shall first be properly submitted to the planning commission for review and recommendations. To be properly submitted an application shall include:

1.

A complete site plan of the areas to be developed or divided.

2.

A copy of the deed restrictions which apply to the project and which are to be recorded at the county registrar of deeds. These restrictions provide for, but are not limited to, the continued maintenance of the exterior surface of the building structure, dedicated unobstructed access to all rear yard areas, and the care of any and all common areas.

3.

A written statement by the developer or divider explaining why the type of development proposed is superior to other types of development upon the subject property, the nature of surrounding properties and the impact of the proposed development upon the surrounding properties.

c.

The minimum distances between buildings contained in section 14.3-5 shall apply. For purposes of this section, all required distances shall apply regardless of actual fee title ownership.

d.

The minimum floor area per dwelling unit contained in R-1C and R-1D under section 14.3-5 shall apply.

e.

Each dwelling unit, including the appurtenant land areas, shall have direct frontage upon a properly dedicated public street. The minimum street frontage shall be 24 feet.

f.

No building structure shall be divided into more than four dwelling units.

g.

The planning commission shall have the authority to determine whether a development, as proposed, shall be constructed or whether an existing development shall be divided.

h.

Each building site shall have a yard of ten feet at each end of the building structure.

i.

Each building site being divided into four lots shall have a minimum area of 14,000 square feet; each building site being divided into three lots shall have a minimum area of 11,520 square feet; each building site being divided into two lots shall have a minimum of 8,640 square feet.

j.

Off-street parking shall be provided in the ratio of two spaces per dwelling unit.

k.

Accessory buildings and uses customarily incidental to the uses set forth in this subsection, subject to provisions contained in section 14.5-5.

(b)

Regulated uses.

(1)

General requirements for regulated uses.

a.

It is recognized that there are some uses, which because of their very nature, have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations are itemized in this section. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area (i.e. not more than two such uses within 1,500 feet of each other which would create such adverse effect(s)). Uses subject to these controls are as follows:

1.

Sexually oriented businesses (as defined in subsection (2)(b) of this section.)

2.

Medical marihuana businesses (as defined in subsection (3)(b) of this section.)

b.

Locational requirements for regulated uses. The planning commission must find that there is not presently more than one such regulated use within 1,500 feet of the boundaries of the site of the proposed regulated uses.

c.

Conditions of approval. In determining approval of a request, the planning commission may only use the standards and requirements in this section. The planning commission may impose conditions necessary to assure compliance with the standards and requirements in subsection (b)(2) of this section. Any evidence and guarantee may be required as proof that the conditions stipulated in the connection therewith will be fulfilled.

d.

Time limits for review. The following time limits shall apply to the review of an application by the township planning commission for approval or denial of regulated uses.

1.

The planning commission shall publish notice and hold a public hearing as required for special land use approval within 60 days of receiving a completed special land use application and site plan as required by article 21 of the zoning ordinance.

2.

The planning commission shall rule on the special land use application for sexually oriented business at the next regularly scheduled meeting of the planning commission following the public hearing held to review the application.

3.

Failure of the township to act within the above specified time limits shall be deemed to constitute granting of special approval of the regulated use.

e.

Effect of denial. No applicant for a regulated use which has been denied wholly or in part shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence or proof of changed conditions.

f.

Revocations. In any case where a building permit for a regulated use is required and has not been obtained within six months after the granting of special land use approval by the township planning commission, the grant of special approval shall become null and void.

g.

Reconstruction of damaged regulated uses. Nothing in this section shall prevent the reconstruction, repairing or rebuilding and continued use of any building or structure, the use of which makes it subject to the controls of this section, which is damaged by fire, collapse, explosion or act of God, provided that the expense of such reconstruction does not exceed 60 percent of the reconstruction cost of the building or structure at the time such damage occurred, provided that where the reconstruction repair or rebuilding exceeds the expense set forth in this subsection, the reestablishment of the use shall be subject to all provisions of this section and further provided, that the reestablished use complies with the off-street parking requirements of article 7 of this chapter.

(2)

Requirements for sexually oriented businesses.

a.

Purpose and intent. It is the purpose of this section to regulate sexually oriented businesses to promote and protect the health, safety, morals and general welfare of the citizens of the township and to establish reasonable and uniform regulations to prevent a concentration of sexually oriented businesses within the township. These regulations are intended to control the negative secondary impacts such businesses have been documented to have on the surrounding area and the community. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.

b.

Definitions. The following definitions shall apply to sexually oriented businesses contained within this subsection (b)(2):

Achromatic means colorless or lacking in saturation or hue. The term includes but is not limited to grays, tans and light earth tones. The term does not include white, black or any bold coloration that attracts attention.

Adult arcade means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, internet or mechanically controlled still or motion picture machines, projectors or other image producing devices are maintained to show images and where the images so displayed are distinguished or characterized by the depicting or describing of sexually explicit activities or specific anatomical areas.

Adult bookstore or adult video store means a commercial establishment which offers for sale or rental for any form of consideration, occupying 15 percent or more of the floor area of the establishment, any one or more of the following:

(i)

Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video matter or photographs, cassettes or video reproductions slides or other visual representation which depict or describe "sexually explicit activities" or "specified anatomical areas"; or

(ii)

Instruments, devices or paraphernalia which are designed for use in connection with "sexually explicit activities."

Adult cabaret means a nightclub, bar restaurant or similar commercial establishment which regularly features:

(i)

Persons who appear in a state of restricted nudity;

(ii)

Live performance which are characterized by the partial exposure of specified anatomical areas; or

(iii)

Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "sexually explicit activities" or specified anatomical areas.

Adult motel means a hotel, motel or similar commercial establishment which:

(i)

Offer accommodations to the public for any form of consideration; provide patrons with closed-circuit television transmission, films, motion pictures, video cassettes, slides or other photographic reproduction which are characterized by the depiction or description of sexually explicit activities or specific anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;

(ii)

Permit patrons to be filmed or photographed performing sexually explicit activities or displaying specified anatomical areas for electric transmission over the World Wide Web;

(iii)

Offer a sleeping room for rent for a period of time that is less than ten hours; or

(iv)

Allow a tenant or occupant of a sleeping room to sub rent the room for a period of time that is less than ten hours.

Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of sexually explicit activities or specified anatomical areas.

Adult theater means a theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by the performance of sexually explicit activities.

Escort means a person who, for consideration, agrees or offers to act as a companion, guide or date for another person, who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

Escort agency means a person or business association who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes, for a fee, tip or other consideration.

Establishment means and includes any of the following:

(i)

The opening or commencement of any sexually oriented business as a new business;

(ii)

The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; or

(iii)

The location or relocation of any sexually oriented business.

Nude model studio means any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.

Nudity or a state of nudity means the appearance of a human bare buttock, anus, male genitals, female genitals or female breast, as defined by MCL 41.181(3).

Seminude means a state of dress in which clothing covers no more than the genitals, pubic region and areola of the female breast, as well as portions of the body covered by supporting straps or devices.

Sex explicit activities means and includes any of the following:

(i)

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;

(ii)

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;

(iii)

Masturbation, actual or simulated;

(iv)

Excretory function as part of or in connection with any of the activity set forth in this definition; or

(v)

Any activity intended to arouse, appeal to or gratify a person's lust, passions or sexual desires.

Sexual encounter center means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:

(i)

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

(ii)

Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminude or permits patrons to display or to be filmed or photographed performing sexually explicit activities or displaying specified anatomical areas for electronic transmission over the World Wide Web.

Sexually oriented business means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, sexual encounter center or similar establishment or any place that permits patrons to be filmed or photographed performing sexually explicit activities or displaying specified anatomical areas for electronic transmission over the World Wide Web.

Specified anatomical areas means and includes and of the following:

(i)

Less than completely and opaquely covered human genitals, public region or pubic hair; buttock; or female breast or any portion thereof that is situated below a point immediately above the top of the areola; or any combination of the foregoing; or

(ii)

Human genitals in a state of sexual arousal, even if opaquely and completely covered.

Substantial enlargement of a sexually oriented business means the increase in floor area occupied by the business by more than ten percent, as the floor area exists on December 3, 2007.

Transfer of ownership or control of a sexually oriented business means and includes any of the following:

(i)

The sale, lease or sublease of the business;

(ii)

The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or

(iii)

The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

c.

Classification. Sexually oriented businesses are classified as follows:

1.

Adult arcades;

2.

Adult bookstores or adult video stores;

3.

Adult cabarets;

4.

Adult motels;

5.

Adult motion picture theaters;

6.

Adult theaters;

7.

Escort and escort agencies;

8.

Nude model studios;

9.

Sexual encounter centers; and

10.

Other sexually oriented business, as determined by the township board.

d.

Location of sexually oriented business.

1.

A sexually oriented business site shall not be located closer than 1,500 feet to the property line of any of the following:

(i)

A church;

(ii)

A public or private elementary or secondary school;

(iii)

A residential zoning district;

(iv)

A public park;

(v)

An existing sexually oriented business;

(vi)

A child care facility, nursery or preschool.

2.

A person is in violation of this chapter if he causes or permits the operations, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within 1,500 feet of another sexually oriented business.

3.

A person is in violation of this chapter if he causes or permits the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure or portion thereof or the substantial enlargement of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.

4.

For the purposes of subsection (b)(2)d.1 of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or adjacent parking lot a sexually oriented business to the nearest property line of the premises of any use, district or right-of-way listed in subsection (b)(2)d.1 of this section.

5.

For purposes of subsection (b)(2)d.1 of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects from the building or adjacent parking lot of each business.

6.

Any business now classified as a sexually oriented business lawfully operating on December 3, 2007, that is in violation of a subsections (b)(2)d.1 through d.3 of this section shall be deemed a nonconforming use.

7.

A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to special approval and site plan approval of the sexually oriented business, of any use listed in subsection (b)(2)d.1 of this section 1,500 feet of the sexually oriented business.

e.

Exterior display and signs. A sexually oriented business is in violation of this section if:

1.

The merchandise or activities of the establishment are visible from any point outside the establishment; or

2.

The exterior portions of the establishment or signs have any words, lettering, photographs, silhouettes, drawing or pictorial representatives of any specified anatomical area or sexually explicit activity as defined in this section.

f.

License required to operate a sexually oriented business. Special approval and site plan approval shall be granted on the condition that the operator or owner of a sexually oriented business obtains a license to operate the business as required by.

g.

Enforcement. A violation of the provisions of this section shall result, in addition to the remedies to provided herein, in possible criminal violations consisting of a fine of $500.00 or a jail term of 90 days, or both.

h.

Injunction. In addition to the provisions of this section, the township at its option may commence proceedings in the circuit court under the appropriate court rule or statue to enjoin any activity conducted by a sexually oriented business that is deemed to be in violation of these provisions.

(3)

Requirements for medical marihuana businesses.

a.

Purpose and intent. It is the purpose of this section to regulate medical marihuana businesses to promote and protect the health, safety, morals and general welfare of the citizens of the township and to establish reasonable and uniform regulations to prevent a concentration of medical marihuana businesses within the township. These regulations are intended to control the negative secondary impacts such businesses have been documented to have on the surrounding area and the community. The growing of marihuana by a qualifying patient for his/her own use will not be regulated by this section. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials. Similarly, it is not the intent nor effect of this section to restrict or deny access by any adult and/or qualified patients to materials protected by the First Amendment.

b.

Definitions. The following definitions shall apply to medical marihuana businesses:

1.

"Primary caregiver" means a person who is at least 21 years old and who has agreed to assist with a patient's medical use of marihuana and who has never been convicted of a felony involving illegal drugs.

2.

"Qualifying patient" means a person who has been diagnosed by a physician as having a debilitating medical condition.

3.

"Medical marihuana business" for the purposes of this chapter means:

(i)

A primary caregiver.

(ii)

A commercial establishment which offers for sale for any form of consideration any drug paraphernalia as defined in 21 USC 863 or as it may be amended from time to time.

(iii)

Other medical marihuana businesses, as determined by the township board.

(iv)

The Michigan Medical Marihuana Act does not authorize marihuana stores, dispensaries, compassion centers or any medical marihuana business that may market to a wide customer base.

c.

Exterior display and signs. A medical marihuana business is in violation of this section if:

1.

The merchandise or activities of the establishment are visible from any point outside the establishment; or

2.

The exterior portions of the establishment or signs have any words, lettering, photographs, silhouettes, drawing or pictorial representatives of any specific illegal paraphernalia, drugs or illegal activity as defined in 21 USC 863.

d.

Location of medical marihuana business. A medical marihuana business site shall not be located closer than 1,500 feet to the property line of any of the following:

1.

A church;

2.

A public or private elementary or secondary school;

3.

A residential zoning district and/or a parcel with residential use;

4.

A public park;

5.

An existing regulated use;

6.

A child care facility, nursery or preschool;

(4)

Violations, licensing and penalties.

a.

A person is in violation of this section if he/she causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a regulated use within 1,500 feet of another regulated use without permission of the planning commission.

b.

A person is in violation of this section if he/she causes or permits the operation, establishment, or maintenance of more than one regulated use in the same building, structure or portion thereof or the substantial enlargement of any regulated use in any building, structure or portion thereof containing another regulated use.

c.

For the purposes of subsection (1) above, measurement shall be made in a straight line, without regard to intervening structures or objects, from the property boundary to property boundary.

d.

Any business now classified as a regulated use lawfully operating as of the date of adoption of the amendment, that is in violation of subsections (1), (2) or (3) above shall be deemed a nonconforming use.

e.

A regulated use lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to special approval and site plan approval of the regulated use, of any use listed in subsection (1) above 1,500 feet of the regulated use.

f.

License required to operate a regulated use. Special approval and site plan approval shall be granted on the condition that the operator or owner of a regulated use obtains a license to operate the business as required by chapter 4, articles 2 and 3.

g.

Enforcement. A violation of the provisions of this section shall be deemed a municipal civil infraction.

(Ord. of 7-18-2022)