The township is divided into the following zoning districts:

Residential Districts

AG agricultural district

R-1A single-family residential district

R-1B single-family residential district

R-2 two family residential district

RM residential multiple-family district

MHR mobile home residential district

Nonresidential Districts

O-1 office district

O-2 office mid-rise district

C-1 neighborhood business district

C-2 general business district

M-1 light industrial district

M-2 heavy industrial district

(Ord. No. 144, § 7-04.01, 4-15-1998; Ord. No. 198, art. 2, 8-16-2006)

(a)

The boundaries of the zoning districts are shown upon the zoning map on file in the office of the township clerk and are made a part of this chapter. The zoning map, with all notations, references and other information shown, shall be as much a part of this chapter as if fully set forth or described in this section.

(b)

The zoning map is designed as the official zoning map of the township. The official zoning map shall be identified by the signature of the township supervisor, attested by the township clerk, under the following words: "This is to certify that this is the Official Zoning Map of the Charter Township of Fort Gratiot." The zoning map shall also contain its effective date. If, in accordance with the provisions of this chapter, changes are made in district boundaries or other matters portrayed on the official zoning map, such changes shall be made on the official zoning map, together with the effective date, certified by the supervisor and clerk.

(Ord. No. 144, § 7-04.02, 4-15-1998)

Where uncertainly exists with respect to the boundaries of the various districts as shown on the zoning map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerlines of streets, highways, or alleys, shall be construed to follow such centerlines.

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(3)

Boundaries indicated as approximately following township limits shall be construed as following township limits.

(4)

Boundaries indicated as parallel to or extensions of features shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

(5)

Where physical or natural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections (1)—(4) of this section, the zoning board of appeals shall interpret the district boundaries.

(6)

Insofar as some or all of the various districts may be indicated on the zoning map by patterns which, for the sake of map clarity, do not cover public rights-of-way, it is intended that such district boundaries do extend to the center of any public right-of-way.

(Ord. No. 144, § 7-04.03, 4-15-1998)

All buildings and uses in any district shall be subject to the provisions of articles VI and VII of this chapter.

(Ord. No. 144, § 7-04.04, 4-15-1998)

AG agricultural districts are those open areas of the township where farming, dairying, forestry operations, and other rural activities are found. Vacant land, fallow land and wooded areas also would be Included where such areas are interspersed among farms. Gradually, and based upon a logical comprehensive development plan, AG agricultural districts may be converted to other land uses. The AG agricultural district protects land needed for agricultural pursuits from encroachment by untimely and unplanned residential, commercial and industrial development.

(Ord. No. 62, § 7-05.01, 8-11-1984)

The following uses are permitted in an AG district:

(1)

Single-family detached dwellings.

(2)

State-licensed residential facilities, as required by Section 16a of Public Act No. 184 of 1943 (MCL 125.286a).

(3)

Family day care homes, as required by Section 16g of Public Act No. 184 of 1943 (MCL 125.286g).

(4)

Farm buildings and greenhouses.

(5)

Farms and agricultural activities including the raising or growing and storage or preservation of crops, sod, plants, trees, shrubs, nursery stock, and private stables, but not including feedlots or the raising of fur-bearing animals.

(6)

Sale of agricultural products raised or grown on the farm premises including roadside stands for such sales, as regulated by section 38-679, and sale of agricultural related items such as seeds and fertilizers when carried on entirely within the dwelling or accessory buildings and only when carried on as an accessory use to a farm.

(7)

Publicly owned and operated parks, parkways, and recreational facilities.

(8)

Public and parochial elementary, intermediate and secondary schools.

(9)

Garage sales, yard sales, or similar types of sales, provided that no such sale shall take place for a period of more than seven days, and no residence shall be permitted more than two such sales per year.

(10)

Accessory buildings, structures, and uses customarily incidental to any of the above uses when located on the same property.

(Ord. No. 62, § 7-05.02, 8-11-1984)

The following uses may be permitted by the planning commission after public hearing and review of the proposed site plan, subject to the specified standards for each particular land use itemized in this section and subject to the general standards to guide the actions of the planning commission as specified in section 38-486. Approval of all uses is subject to the procedures set forth in article IV of this chapter.

(1)

Group day care homes, as required by Section 16g of Public Act No. 184 of 1943 (MCL 125.286g).

(2)

Feedlots and raising of fur-bearing animals as provided in section 38-501.

(3)

Golf courses, not including driving ranges or miniature golf courses as provided in section 38-505.

(4)

Summer housing and migratory labor camps used for seasonal labor, between April 1 and November 15, provided that any such building or structure complies with the following regulations:

a.

All buildings or structures shall be maintained in a safe and sanitary condition and shall be furnished with a safe and sanitary water supply and with sewage disposal facilities which are no less than those required by the county and state health departments.

b.

All buildings or structures shall be so located so as to comply with regulations for structures in an AG agricultural district as set forth in division 12, article III of this chapter, with the exception that no building shall be located nearer than 50 feet to any side property line.

(5)

Airports, airfields, runways, hangars, beacons, and other facilities involved with aircraft operations as provided in section 38-525.

(6)

Public utility buildings, telephone exchange buildings, electric transformer stations, but not including storage yards; when operation requirements necessitate the locating within the district in order to serve the immediate vicinity as provided in section 38-499.

(7)

Home occupations as provided in section 38-502.

(8)

Public and commercial stables, kennels and animals clinics as provided in section 38-508.

(9)

Cemeteries when located on sites of 50 acres or more, as provided in section 38-524.

(10)

Quarries, mining, and extraction as provided in section 38-496.

(11)

Large scale outdoor recreational uses, as provided in section 38-507.

(12)

Private noncommercial recreational areas as provided in section 38-506.

(13)

Government buildings as provided in section 38-504.

(14)

High pressure gas or high voltage electric transmission lines as provided in section 38-491.

(15)

Gun clubs, shooting and archery ranges as provided in section 38-523.

(16)

Public and private colleges and universities as provided section 38-510.

(17)

Nursery schools, day nursery, and child care centers as provided in section 38-509.

(18)

Uses similar to the uses described in this section.

(19)

Accessory buildings, structures, and uses customarily incident to the uses described in this section.

(Ord. No. 151, § 2, 9-15-1999)

Area, height and placement requirements in the AG district shall be in accordance with the schedule of regulations, division 12, article III of this chapter.

(Ord. No. 62, § 7-05.04, 8-11-1984)

The R-1A and R-1B single-family residential districts are established as districts in which the principal use of land is for single-family dwellings. For the single-family residential districts, in promoting the general purposes of this chapter, the specific intent of this division is to:

(1)

Encourage the construction of, and the continued use of the land for single-family dwellings.

(2)

Prohibit business, commercial, or industrial use of land, and to prohibit any other use which would subsequently interfere with development or continuation of single-family dwellings in the district.

(3)

Encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this chapter.

(4)

Discourage any land use which, because of its character or size, would create requirements and costs for public services, such as fire and police protection, water supply, and sewerage, substantially in excess of such requirements and costs if the district were developed solely for single-family dwellings.

(Ord. No. 62, § 7-06.01, 8-11-1984)

(a)

Uses. Permitted uses in R-1A or R-1B districts are as follows:

(1)

Single-family detached dwellings.

(2)

State-licensed residential facilities, as required by Section 16a of Public Act No. 184 of 1943 (MCL 125.286a).

(3)

Family day care homes, as required by Section 16g of Public Act No. 184 of 1943 (MCL 125.286g).

(4)

Publicly owned and operated libraries, parks, parkways, and recreational facilities.

(5)

Garage sales and other such sales as regulated in section 38-142(9).

(6)

Farms and agricultural activities including the raising or growing and storage or preservation of crops, sod, plants, trees, shrubs, and nursery stock; livestock, other farm animals, except feedlots, kennels, raising of fur-bearing animals, and animal clinics. The uses permitted shall be conducted only on those parcels in the district separately owned outside the boundaries of either a proprietary or supervisors plat having an area of not less than five acres, subject to health and sanitary regulations of the county.

(7)

Public, parochial, and private elementary schools, intermediate schools, and secondary schools.

(8)

Planned unit developments only as permitted and regulated in article V of this chapter.

(9)

Accessory buildings and uses customarily incident to any of the permitted uses of this section.

(b)

Condominium subdivisions.

(1)

Intent. The intent of these requirements is to ensure that all condominium subdivisions are developed in compliance with accepted planning and engineering standards applicable to similar forms of development as reflected in the ordinances and requirements of the township. Single-family detached condominiums may be allowed as a permitted use in the R-1A and R-1B single-family residential zoning districts.

(2)

Submission requirements. All condominium subdivisions plan shall be submitted for review as required by section 38-46 and section 66 of the condominium act, Public Act No. 59 of 1978 (MCL 559.166), and include the following additional information:

a.

Name, address and telephone number of all persons, firms, corporations and partnerships that have an interest in the land with a description of their interest (fee simple, land contract, purchaser or optionee).

b.

A survey of the condominium subdivision site.

c.

A survey or drawing delineating all natural features on the site including, but not limited to, ponds, streams, lakes, drains, floodplain, wetlands and woodland areas.

d.

The locations, size, shape, area and width of all condominium units and common elements, and the location of all proposed streets.

e.

A generalized plan for the provision of utilities and drainage systems.

f.

A copy of the master deed and a copy of all restrictive covenants to be applied to the project.

g.

A utility plan showing all sanitary sewer, water, and storm drainage improvements, plus all easements granted to the township for installation, repair and maintenance of all utilities.

h.

A street construction, paving and maintenance plan for all streets within the proposed condominium subdivision plan.

i.

A storm drainage and stormwater management plan, including all lines, scales, drains, basins, and other facilities.

(3)

Review. Pursuant to authority conferred by section 141 of the condominium act, Public Act No. 59 of 1978 (MCL 559.241), all condominium subdivision plans shall require approval by the planning commission before units may be sold or site improvement initiated. The review process shall consist of the following two steps:

a.

Preliminary plan review. In the preliminary review phase, the planning commission shall review the overall plan for the site including basic road and unit configurations and the consistency of the plans with all applicable provisions of the township ordinance and master land use plan. Plans submitted for preliminary review shall include information specified in subsections (b)(2)a—e of this section.

b.

Final plan review. Upon receipt of the preliminary plan approval, the applicant should prepare the appropriate engineering plans and apply for final review by the planning commission. Final plans shall include information as required by subsections (b)(2)a—i of this section. Such plans shall be reviewed by the township attorney and the township engineer. Further, such plans shall be submitted for review and comment to all applicable local, county and state agencies as may be appropriate. Final approval shall not be granted until such time as all applicable review agencies has had an opportunity to comment on such plans.

(4)

District requirements. The development of all condominium subdivisions shall observe the applicable yard setback and minimum floor area requirements in the district within which the project is located. The dwelling unit density of the project shall be no greater and spacing no less than would be permitted if the parcel were subdivided, pursuant to the land division Act, Public Act No. 288 of 1967 (MCL 560.101 et seq.).

(5)

Design standards. All developments in a condominium subdivision shall conform to the design standards of the township subdivision chapter (chapter 18 of this Code). This includes the requirement that all streets and roads be dedicated to the public. Street connections shall be required, where necessary, to provide continuity to the public road system.

(6)

Utility easements. The condominium subdivision plan shall include all necessary public utility easements granted to the township to enable the installation, repair and maintenance of all necessary public utilities to be installed. Appropriate dedications for sanitary sewers, lines and storm drainage improvements shall be provided. Necessary public utility easements shall include those easements necessary to install and maintain public water and sewer system service to each unit in a condominium development.

(7)

Final acceptance. The township shall also require all the appropriate inspections. After construction of the condominium subdivision, an as-built reproducible mylar of the completed site is to be submitted to the township for review by the township engineer. A final certificate of occupancy and any building bonds will not be released to the developer/owner until such as-built mylar has been reviewed and accepted by the township.

(Ord. No. 62, § 7-06.02, 8-11-1984; Ord. No. 121, § 2, 12-21-1994)

The following uses may be permitted in the R-1A and R-1B districts by the planning commission after a public hearing and review of the proposed site plan, subject to the specific standards for each particular land use itemized in this section and subject to the general standards to guide the actions of the planning commission as specified in section 38-486:

(1)

Nursery schools, day nurseries and child care centers as provided in section 38-509.

(2)

Group day care homes, as required by Section 16g of Public Act No. 184 of 1943 (MCL 125.286g).

(3)

Utility and public service facilities and uses, excluding storage yards, when operating requirements necessitate the locating of such facilities within the district in order to serve the immediate vicinity as provided in section 38-499.

(4)

Private, noncommercial recreational areas as provided in section 38-506.

(5)

Public and private colleges, universities, and other such institutions of higher learning as provided in section 38-510.

(6)

Public, parochial, and private elementary schools, intermediate schools, and secondary schools.

(7)

Planned unit developments only as permitted and regulated in article V of this chapter.

(8)

Accessory buildings and uses customarily incident to any of the uses permitted by this section.

(9)

Golf courses, not including driving ranges or miniature golf courses as provided in section 38-505.

(10)

Home occupations as provided in section 38-502.

(11)

Churches as provided in section 38-503.

(12)

Public buildings (excluding public works garages and storage yards) as provided in section 38-504.

(13)

Single-family condominium developments as provided in section 38-526.

(14)

High pressure gas and high voltage electric lines as provided in section 38-491.

(15)

Housing exclusively for the elderly and persons with disabilities, including accessory congregate care and assisted living supportive services, but not including nursing homes or convalescent homes, as provided in section 38-527.

(16)

Uses similar to the uses of this section.

(Ord. No. 62, § 7-06.03, 8-11-1984; Ord. No. 152, § 1, 11-17-1999)

Area, height and placement requirements in the R-1A and R-1B districts are in accordance with the schedule of district regulations, division 12, article III of this chapter.

(Ord. No. 62, § 7-06.04, 8-11-1984)

Where the subdividing of a parcel or tract of land or the development of land, including condominium subdivisions in the R-1A and R-1B districts, would create five or more residential parcels or units of land, the schedule of regulations for the single-family R-1A district shall prevail regardless of the zoning district.

(Ord. No. 102, § 7-06.05, 6-18-1993)

The R-2 Two Family Residential district is designed to provide sites for two-family dwelling structures and will generally serve as zones of transition between multiple-family residential districts or nonresidential districts and lower density one-family residential districts. It is intended to be used only in those parts of the township which are designated for urban residential use and which have public water and sanitary sewer facilities available. This district is intended to be similar to R-1A and R-1B districts except for the attached rather than detached type of dwelling units, and the slightly higher density resulting from the common use of one lot by two dwellings. It is intended that two-family residential districts will have direct access to a major thoroughfare, primary road, secondary road or collector street and not local single-family residential subdivision streets.

(Ord. No. 198, art. 4, 8-16-2006)

The following uses are permitted in an R-2 district:

(1)

All principal permitted uses in an R-1A and R-1B district, subject to all requirements for such uses in zoning districts where first permitted. The requirements of section 38-441, Schedule of District Regulations, applicable to the R-1B district shall apply as minimum standards when one-family detached dwellings are erected.

(2)

Two-family dwellings. When proposed as part of a condominium development, the provisions of section 38-172(b) shall govern the review and approval process.

(3)

Off-street parking and loading in accordance with section 38-619.

(4)

Uses similar to the above uses.

(5)

Accessory buildings and uses customarily incident to the above permitted uses.

(Ord. No. 198, art. 4, 8-16-2006)

The following uses may be permitted by the planning commission after public hearing and review of the proposed site plan, subject to the specific standards for each use hereinafter itemized and subject to the general standards to guide the actions of the planning commission, as specified in section 38-486: Any uses permitted after special approval in the R-1A or R-1B districts are permitted in this district subject to all requirements for such uses in zoning districts where first permitted.

(Ord. No. 198, art. 4, 8-16-2006)

Area, height and placement requirements in the R-2 district are in accordance with the Schedule of District Regulations, division 12, article III, with the following exceptions:

When dwellings are to be constructed within a condominium development that is not classified as a "site condominium," minimum lot area and minimum lot width requirements shall apply. In such case, maximum permitted dwelling density shall not exceed two-thirds of that permitted by section 38-442B. Dwelling unit placement shall be governed by the front, side and rear setback requirements provided in said schedule, which shall be applied in the same manner as if lot or unit lot lines were present.

(Ord. No. 198, art. 4, 8-16-2006)

The RM residential multiple-family district is designed to permit a more intensive residential use of land with various types of multiple dwelling and related uses. These areas would be located near major streets for good accessibility. Various types and 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. No. 62, § 7-07.01, 8-11-1984)

The following uses are permitted in an RM district:

(1)

All principal permitted uses in R-1A, R-1B, and R-2 districts, subject to all requirements for such uses in zoning districts where first permitted.

(2)

Multiple dwellings including:

a.

Apartment houses;

b.

Row or townhouses dwellings;

c.

Efficiency units; and

d.

Two-family dwellings.

(3)

Community garages serving the principal residential building, containing space for no more than two passenger vehicles for each dwelling unit in the principal building on the lot.

(4)

Maintenance and management building to serve the multiple dwellings.

(5)

Private swimming pool designed and operated only for occupants of the principal building and their personal guests.

(6)

Off-street parking and loading in accordance with section 38-619.

(7)

Uses similar to the uses permitted in this section.

(8)

Accessory buildings and uses customarily incident to the uses permitted in this section.

(Ord. No. 62, § 7-07.02, 8-11-1984; Ord. No. 198, art. 5, 8-16-2006)

The following uses may be permitted in the RM district by the planning commission after a public hearing and review of the proposed site plan, subject to the specific standards for each particular land use itemized in this section and subject to the general standards to guide the actions of the planning commission as specified in section 38-486:

(1)

Any uses permitted after special approval in the R-1A, R-1B, or R-2 districts are permitted in this RM district, subject to all requirements for such uses in zoning districts where first permitted.

(2)

Hospitals as provided in section 38-513.

(3)

Boardinghouses and lodginghouses as provided in section 38-512.

(4)

Orphanage, foster home, homes for the aged, indigent, physically or mentally handicapped as provided in section 38-511.

(5)

Self-storage facilities and mini-warehouses (531130) used to provide temporary storage needs for businesses, apartment dwellers and other individuals on a self-service basis shall be a permitted use and are subject to the following extra standards:

a.

No storage of combustible or flammable liquids, combustible fibers, explosive materials, or toxic materials shall be permitted with the self-storage buildings or upon the premises.

b.

No outside storage shall be permitted.

c.

The use of the premises shall be limited to storage and storage related activities, and shall not be used for operating any business related to the servicing, maintaining or repairing of any vehicles, recreational equipment or other items.

d.

Appropriate screening as per the requirements of section 38-614 shall be provided for those portions of the site abutting a residential zoning district.

e.

The site shall be graded, drained and developed with hard-surfaced pavement as per the specifications of section 38-73.

f.

Fire hydrants and fire suppression devices shall be provided, installed and maintained as per the requirements of the township fire chief.

g.

Buildings shall not exceed 200 feet in length and shall maintain a minimum distance of 25 feet between individual buildings.

(Ord. No. 62, § 7-07.03, 8-11-1984; Ord. No. 198, art. 5, 8-16-2006; Ord. No. 212, § 1, 8-19-2015)

Area, height and placement requirements in the RM district shall be in accordance with the schedule of district regulations, division 12, article III of this chapter with the following exceptions: For housing exclusively for the elderly and persons with disabilities, including accessory congregate care and assisted living supportive services, but not including nursing homes or convalescent homes, minimum land area per dwelling unit, minimum floor area per dwelling unit, off-street parking requirements, maximum height of structures and setbacks shall be in accordance with the requirements set forth in section 38-527(3)—(8), except that the minimum parcel size of 2½ acres shall not apply.

(Ord. No. 152, § 3, 11-17-1999)

It is the purpose of this MHR district to provide for the development of mobile home sites and mobile home parks at appropriate locations in relation to the existing and potential development of their surroundings and, in relation to other uses and community facilities, to afford a proper setting for these uses and a proper relation to other land uses and the comprehensive development of the township.

(Ord. No. 62, § 7-08.01, 8-11-1984)

In the mobile home district (MHR), no building or land shall be used and no building or development shall be erected or started except for one or more of the following specified uses, unless otherwise provided in this chapter:

(1)

All principal permitted uses in an R-1A and R-1B district, subject to all requirements for such uses in zoning districts where first permitted.

(2)

Mobile home development.

(3)

Mobile home parks or condominium projects, subject to the following requirements:

a.

There shall be two entrances or one entrance and one exit for motor vehicle traffic.

b.

The park or project shall be located with direct access to a major thoroughfare having a planned right-of-way of at least 120 feet.

(Ord. No. 62, § 7-08.02, 8-11-1984)

The following uses may by permitted in the MHR district by the planning commission after a public hearing and review of the proposed site plan, subject to the specific standards for each particular land use itemized in this section and subject to the general standards to guide the actions of the planning commission as specified in section 38-486: All uses permitted after special approval in the R-1A or R-1B districts.

(Ord. No. 62, § 7-08.03, 8-11-1984)

Minimum lot sizes for individual sites in the MHR district shall be as follows: There is no township minimum for sites within a licensed park or condominium project. This provision is subject to the control of the state mobile home commission regulations.

(Ord. No. 62, § 7-08.04, 8-11-1984)

Required conditions in the MHR district are as follows:

(1)

All mobile homes parks or condominium projects shall comply with the requirements of Public Act No. 96 of 1987 (MCL 125.2301 et seq.).

(2)

All mobile homes in mobile home parks shall be located on mobile home stands.

(3)

Building permit:

a.

Mobile home: A building permit shall be required for each mobile home that shall hereafter be located or relocated in a mobile home park, subdivision or condominium project, or on an individual lot.

b.

Nonmobile home building: A building permit shall be required for each building other than mobile homes which are to be constructed in a mobile home park or condominium project. A township building permit for a mobile home or a nonmobile or a nonmobile home building within a park or condominium project shall not be issued until the following conditions have been met:

1.

A site plan review for the park or condominium project has been completed, as required in this chapter. See section 38-46(5).

2.

Health authority has made recommendation and a permit has been issued.

3.

Mobile homes to be located on an individual mobile home stand shall either already conform to the Federal Mobile Home Code as outlined in the Code of Federal Regulations, title 24, section 3280, June, 1976, as amended (24 CFR 3280).

4.

A construction permit has been granted by the state department of consumers and industry services for the mobile home park or condominium project where the proposed mobile home or nonmobile home building is to be located.

c.

Parks and condominium projects: Permits to construct a mobile home park or condominium project are issued by the state department of consumers and industry services and are not subject to township authority or control.

(4)

All mobile homes located in a park or condominium project shall be skirted and shall have wheels removed within 90 days after placement on a mobile home stand. The mobile home stand in order to provide an adequate foundation for the mobile home shall consist of either:

a.

The concrete pad beneath each mobile home shall be a minimum of four inches thick, being 12 feet in width and 60 feet in length and in accordance with Public Act No. 96 of 1987 (MCL 125.2301 et seq.), which allows this to be varied; or

b.

If concrete pillars are used, they shall be 16 inches in diameter, 42 inches in depth, and spaced along the length of the mobile home in accordance with Public Act No. 96 of 1987 (MCL 125.2301 et seq.), which allows this to be varied.

(5)

All mobile homes located on a subdivision site or a development site shall be installed pursuant to the manufacturer's setup instructions and shall have a wall of the same perimeter dimensions as the mobile home. The wall shall be constructed of such materials and type as required in the single state construction code for single-family dwellings. Further, such mobile homes shall have their wheels removed and shall be secured to the premises by an anchoring system or device.

(Ord. No. 62, § 7-08.05, 8-11-1984)

Site plan review in the MHR district shall be as follows:

(1)

Parks and condominium projects: All mobile home parks and condominium projects must meet the requirements of section 38-46(5).

(2)

All special approval uses: All uses permitted after special approval in the MHR district must also meet the requirements of section 38-46, site plan review.

(Ord. No. 62, § 7-08.06, 8-11-1984)

Miscellaneous requirements in the MHR district are as follows:

(1)

Environmental, recreation and open space:

a.

General requirements: Condition of soil, groundwater level, drainage and topography shall not, in the opinion of the health authority, create hazard to the property or the health or safety of the occupants.

b.

Recreation and open space shall be provided as required in Public Act No. 96 of 1987 (MCL 125.2301 et seq.).

(2)

Water supply, sewage disposal, electrical distribution, service buildings, refuse handling, insect and rodent control, fuel supply and storage and fire protection shall be in accordance with the requirements of Public Act No. 96 of 1987 (MCL 125.2301 et seq.).

(3)

There shall be an occupancy permit obtained for each mobile home located on a mobile home stand, and no mobile home shall be occupied until this permit has been issued.

(4)

The zoning board of appeals is hereby authorized to waive requirements as they deem necessary and advisable in particular cases, but this does not include Public Act No. 96 of 1987 (MCL 125.2301 et seq. and Public Act No. 59 of 1978 (MCL 559.101 et seq.).

(5)

Mobile home parks, or individual lots, in existence prior to the effective date of the ordinance from which this chapter is derived shall be required to conform to all provisions of this chapter, for remodeled sites or improvements to individual lots.

(Ord. No. 62, § 7-08.07, 8-11-1984)

The O-1 office districts are designed to accommodate office uses, office sales uses, and certain basic personal services. These use districts when not a part of a shopping center or other business district are intended to serve the function of land use transition between business districts and adjacent residential districts. Office districts will normally be located along major thoroughfares.

(Ord. No. 62, § 7-09.01, 8-11-1984)

In the O-1 districts no land, building, structure, or premises except as otherwise provided in this chapter, shall be erected, altered, or used except for one or more of the following uses:

(1)

Office buildings for any of the following occupations: executive, administrative, professional, accounting, writing, clerical, stenographic, drafting, and sales subject to the limitations contained below in section 38-264.

(2)

Medical office, including clinics, but not animal clinics.

(3)

Banks, credit union offices, savings and loan associations, stock brokerage, and similar uses.

(4)

Art shops and photographic studios (except those defined as adult entertainment uses), and interior decorating studios.

(5)

Publicly owned buildings, telephone exchanges, and public utility offices, but not including storage yards, transformer stations, substations, or gas regulator stations.

(6)

Personal service establishments including barbershops, beauty shops, and health salons (except those defined as adult entertainment uses).

(7)

Other uses similar to the uses described in this section.

(8)

Self-storage facilities and mini-warehouses (531130) used to provide temporary storage needs for businesses, apartment dwellers and other individuals on a self-service basis shall be a permitted use and are subject to the following extra standards:

a.

No storage of combustible or flammable liquids, combustible fibers, explosive materials, or toxic materials shall be permitted with the self-storage buildings or upon the premises.

b.

No outside storage shall be permitted.

c.

The use of the premises shall be limited to storage and storage related activities, and shall not be used for operating any business related to the servicing, maintaining or repairing of any vehicles, recreational equipment or other items.

d.

Appropriate screening as per the requirements of section 38-614 shall be provided for those portions of the site abutting a residential zoning district.

e.

The site shall be graded, drained and developed with hard-surfaced pavement as per the specifications of section 38-73.

f.

Fire hydrants and fire suppression devices shall be provided, installed and maintained as per the requirements of the township fire chief.

g.

Buildings shall not exceed 200 feet in length and shall maintain a minimum distance of 25 feet between individual buildings.

(Ord. No. 62, § 7-09.02, 8-11-1984; Ord. No. 212, § 1, 8-19-2015)

The following uses shall be permitted in the O-1 district, subject to the conditions imposed for each use and subject further to the review and approval of the site plan by the planning commission and subject to the general special approval standards procedures provided in article IV of this chapter:

(1)

An accessory use customarily related to a principal use authorized by this division such as, but not limited to, a pharmacy or apothecary shop, stores limited to corrective garments, surgical supplies or bandages, or optical service, may be permitted.

(2)

Business establishments such as, but not limited to: office supplies and office service establishments, when a part of a large O-1 district which, by the nature of its size and complexity, would require these attendant services.

(3)

Gas or electrical transmission lines as provided in section 38-491.

(4)

Static transformer stations, gas regulator stations, and other public utility buildings as provided by section 38-499.

(5)

Nursery school, day nursery, and child care center as provided in section 38-509.

(6)

Multi-family dwelling units in Office and Commercial Districts as provided in section 38-528.

(7)

Pet care services as provided in section 38-529.

(Ord. No. 62, § 7-09.03, 8-11-1984; Ord. No. 210, § 2, 9-5-2012; Ord. No. 212, § 1, 8-19-2015)

(a)

No interior display shall be visible in the O-1 district from the exterior of the building, and the total area devoted to display, including both the objects displayed and the floor space set aside for persons observing the displayed objects, shall not exceed 25 percent of the usable floor area of story of the structure on which the display is located.

(b)

The outdoor storage of goods or materials shall be prohibited.

(c)

Warehousing or indoor storage of materials, beyond that normally incident to the permitted uses enumerated in section 38-262, shall be prohibited.

(Ord. No. 62, § 7-09.04, 8-11-1984)

Area and bulk requirements in the O-1 district are in accordance with the schedule of district regulations, division 12, article III of this chapter.

(Ord. No. 62, § 7-09.05, 8-11-1984)

The O-2 office mid-rise district is intended to accommodate office buildings and restricted related retail and service establishments on large land parcels in proximity to areas of major commercial or civic center development. Such O-2 districts are intended to provide transition between these areas and major thoroughfares, and areas of less intensive development. Because of the large land area involved, greater flexibility as to building height and related uses is warranted, as compared to the O-1 office district.

(Ord. No. 136, § 7-09A.01, 11-5-1997)

In the O-2 districts no land, building, structure, or premises except as otherwise provided in this chapter, shall be erected, altered, or used except for one or more of the following uses:

(1)

All principal permitted uses in an O-1 office district, subject to all requirements for such uses in zoning districts where first permitted.

(2)

Data processing and computer centers, including sales, service and maintenance of electronic data processing equipment primarily serving business customers and not offered on a retail business to the general public.

(3)

Any use charged with the principal function of office-type research or technical training.

(4)

Other uses similar to the uses enumerated in this section.

(5)

Accessory structures and uses customarily incident to the permitted uses of this section.

(Ord. No. 136, § 7-09A.02, 11-5-1997)

The following uses shall be permitted in the O-2 district, subject to the conditions imposed in this section for each use and subject further to the review and approval of the planning commission and subject to the general special approval standards and procedures provided in article IV of this chapter:

(1)

Any uses permitted after special approval in the O-1 district are permitted in this O-2 district, subject to all requirements for such uses in zoning districts where first permitted.

(2)

The following uses shall be permitted, provided that they are included in the office use structure or other principal structures as indicated in section 38-292, principal permitted uses, or are attached to such structures by means of a fully enclosed structural attachment, and therefore shall not be permitted as freestanding structures. Such secondary structures shall be designed so as to provide a logical extension of the floor plan of the principal structures, and shall utilize exterior materials similar to or harmonious with such principal structures:

a.

Restaurants or other places serving food or beverages, except those having the character of open front store, drive-in, drive-through, or carryout establishment. Outside seating, assembly, and activity areas for restaurants may be permitted by the planning commission. Such outside areas shall be designed as part of the building mass to which they are accessory in the sense that they shall be enclosed by masonry walls and/or decorative fencing elements extended from the main building, or shall otherwise be physically be delineated and limited in a manner acceptable to the planning commission; subject further to the following conditions:

1.

For outside areas not requiring permanent capital improvements, the planning commission may approve such outside seating uses or activity areas for an initial period not to exceed two years, with successive approvals for a similar period.

2.

Setbacks for such outside areas shall be not less than those required for conventional buildings within the district.

3.

Outside areas provide for adequate emergency egress by patrons, and shall not occupy required sidewalk areas nor impair emergency vehicle access.

4.

Parking shall be provided for the uses in such outside areas in addition to that required for uses in the main building.

b.

Entertainment and recreation facilities including, but not limited to: theaters, auditoriums, sports and health facilities.

c.

Clubs, fraternal organizations and service clubs whose activities are not carried on as a business.

Such uses shall, in total, occupy no more than 20 percent of the floor area of the building complex of which they are a part.

(Ord. No. 136, § 7-09A.03, 11-5-1997)

(a)

All required conditions applicable to the O-1 district shall also apply within this O-2 district.

(b)

The minimum parcel size in the O-2 district is five acres.

(Ord. No. 136, § 7-09A.04, 11-5-1997)

Area, height and placement requirements in the O-2 district are in accordance with the schedule of district regulations, division 12, article III of this chapter. The addition of the O-2 district will require the following footnote to be added to the schedule of district regulations:

(K)

Height of office buildings. Office buildings may be constructed to the maximum height and story limits of the district, provided that when a structure exceeds 30 feet in height, the following setbacks shall apply:

i)

Front setback - a distance equal to the height of said building.

ii)

Side and rear setback - a distance equal to one-half the height of said building

iii)

From a residential lot line or residential district - a distance equal to the height of said building.

(Ord. No. 136, § 7-09A.05, 11-5-1997)

The C-1 neighborhood business district, as established in this division, is intended to be that district permitting retail business and services uses which are needed to serve the nearby residential areas. In order to promote such business development so far as is possible and appropriate in each area, uses are prohibited which would create hazards, offensive and loud noises, vibration, smoke, glare, heavy truck traffic, or late hours of operation. The intent of this C-1 district is also to encourage the concentration of local business by locating proposed areas in the comprehensive development plan, as may be adopted to the mutual advantage of both the consumer and merchant. This will promote the best use of land at certain strategic locations and avoid the encouragement of marginal strip, business development along major streets.

(Ord. No. 62, § 7-10.01, 8-11-1984)

In a C-1 neighborhood business district, no building or land shall be erected or used except for one or more of the following uses: The parenthetical number (000) listed by each use is taken from the Standard Industrial Classification (SIC) Manual, 1972, published by the U.S. Office of Management and Budget, and is intended to provide a general guide of uses intended under each heading. However, where it is determined by the planning commission that the effects of a listed use may tend to extend beyond the site, then special land use approval shall be required:

(1)

All principal permitted uses in the O-1 office district, subject to all requirements for such uses in zoning districts where first permitted.

(2)

Hardware store (525).

(3)

Variety store (533).

(4)

Grocery store (541 except supermarkets).

(5)

Candy, nut and confectionery store (544, except popcorn stands).

(6)

Dairy product store (545).

(7)

Retail bakery (5463, except pretzel stands).

(8)

Drugstores and proprietary store (591).

(9)

Beauty shop (723).

(10)

Barbershop (724).

(11)

Coin-operated laundries and dry cleaning (7215).

(12)

Branch offices of banks and savings and loans, and credit unions (9602-603).

(13)

Florists (5992).

(14)

The following miscellaneous retail stores:

a.

Liquor store (5921)

b.

Sporting goods store and bicycle shop (5941)

c.

Bookstore (5942)

d.

Stationery store (5943)

e.

Jewelry store (5944)

f.

Hobby, toy and games shop (5945)

g.

Gift, novelty and souvenir shop (5948)

h.

Luggage, and leather goods store (5949)

i.

Sewing, needlework and piece goods store (5949)

(15)

Other similar uses, not permitted elsewhere, as determined by the planning commission.

(16)

Accessory buildings.

(17)

Accessory uses.

(18)

Temporary buildings pursuant to the establishment of a permanent building and permitted use. All such temporary buildings shall be immediately removed upon expiration of the time limit established as a condition of their constitution.

(19)

Off-street parking and loading in accordance with section 38-619.

(20)

Accessory signs customarily incidental to the permitted uses of this section only when they pertain to the sale, rental, or use of the premises on which it is located, or to goods sold or activities conducted thereon, provided that any such signs shall not exceed 250 square feet in area and be located not closer than 100 feet measured along the same side of the street to any residentially zoned district. Signs shall conform to the requirements of section 38-626.

(Ord. No. 62, § 7-10.02, 8-11-1984)

The following uses may be permitted in the C-1 district by the planning commission after a public hearing and review of the proposed site plan, subject to the specified items and subject to the general standards to guide the actions of the planning commission as specified. Approval of all such uses is subject to the procedures set forth in article IV of this chapter:

(1)

Gas or electrical transmission lines as provided in section 38-491.

(2)

Telephone exchange and static transformer stations, gas regulator stations, and other public utility buildings as provided in section 38-499.

(3)

Nursery schools, day nursery, and child care centers as provided in section 38-509.

(4)

Multi-family dwelling units in Office and Commercial Districts as provided in section 38-528.

(Ord. No. 62, § 7-10.03, 8-11-1984; Ord. No. 210, § 2, 9-5-2012)

Outdoor storage and display of merchandise in the C-1 district is prohibited. Minor day-to-day in and out display may be permitted when kept behind established building setback lines.

(Ord. No. 62, § 7-10.04, 8-11-1984)

Area, height and placement requirements in the C-1 district are in accordance with the schedule of district regulations, division 12, article III of this chapter.

(Ord. No. 62, § 7-10.05, 8-11-1984)

The C-2 general business district is intended to be that district permitting a wider range of business and entertainment activities than those permitted in the neighborhood business district. The permitted uses would serve not only nearby residential areas, but also people further away for types of businesses and services usually found in major shopping centers and central business districts at the juncture of major thoroughfares. These uses would generate larger volumes of vehicular and pedestrian traffic and are generally characterized by an integrated or planned cluster of establishments served by a common parking area. Alternatively, such districts may also be located along federal, state, or other major thoroughfares where the sites are easily accessible to large volumes of traffic. These districts are intended to be more isolated and buffered than C-1 districts from adjacent single-family residential areas where noise and traffic could be disturbing or a hazard. Such C-2 districts in the township would reflect major existing shopping concentrations, other commercial uses along major thoroughfares, and desired future commercial centers as proposed in the comprehensive master plan, which are needed to serve adequately the future population of the township.

(Ord. No. 211, § 1, 10-16-2013)

In all C-2 general business districts, no land, building, structure, or premises except as otherwise provided in this chapter, shall be erected, altered, or used except for one or more of the following uses. The parenthetical number (000000) listed by each use is taken from the North American Industry Classification System (NAICS), as published by the U.S. Office of management and budget and is intended to provide a general guide of uses intended under each heading. However, where it is determined by the planning commission that the effects of a NAICS listed use may tend to extend beyond the site, special land use approval shall be required.

(1)

All uses in O-1 office and C-1 neighborhood business districts, subject to all requirements for such uses in zoning districts where first permitted, except as otherwise provided in this section.

(2)

Automotive parts and accessories stores (44131) and tire stores (44132).

(3)

Furniture, home furnishings and equipment store (442).

(4)

Electronics and appliance stores (443) including appliance repair and maintenance (811412).

(5)

Building material and supplies dealers (4441), including home centers, including indoor lumber (444110), paint and wallpaper stores (444120), and hardware stores (444130), other building materials dealers (444190), except lumber yards and suppliers of prefabricated buildings and kits.

(6)

Lawn and garden equipment and supplies stores (4442), including outdoor power equipment stores (444210), retail nursery and garden centers (444220).

(7)

Supermarkets and other grocery stores (445110).

(8)

Department stores (452110) and warehouse clubs and superstores (452910).

(9)

Health and personal care stores (446), including pharmacies and drug stores (446110), cosmetics, beauty supplies, and perfume stores (446120), optical goods stores (446130), health food supplement stores (446191), and all other health and personal care stores (446199).

(10)

Clothing and clothing accessories stores (4481), including clothing for men, women, children and infants, family, clothing accessories, and other clothing such as bridal gowns, fur apparel, hosiery, leather coats, lingerie, swimwear, and uniforms. Custom dress retailers such as bridal gown shops and custom dress makers (448190) and fashion design services (541490) are included.

(11)

Shoe stores (448210) and shoe and leather product repair shops (811430).

(12)

Jewelry, luggage, and leather good stores (4483).

(13)

Pre-recorded tape, compact disc, and record stores (451220).

(14)

Office supplies and stationary stores (453210) and office service establishments (561110 and 56143).

(15)

Used merchandise stores (453310), including antique shops, used books shops, used clothing stores, used household-type appliance stores, used merchandise thrift shops, and flea markets in accordance with section 38-354.

(16)

Pet and pet supplies stores (453910).

(17)

Electronic shopping and mail-order houses (454110), only in conjunction with a retail showroom which shall be a predominant feature of the facility.

(18)

Vending machine operators (454210). This industry comprises establishments primarily engaged in retailing merchandise through vending machines at a location that they service.

(19)

Radio stations and studios (513112) and Television broadcasting offices and studios (513120).

(20)

Rental and leasing services (532), including passenger car rental and leasing (53211), truck, utility trailer, and recreational vehicle (RV) rental and leasing, consumer goods rental (5322) including electronics and appliances, formal wear, home health equipment, recreational goods and general rental centers (532310), but not including Commercial and industrial machinery and equipment rental and leasing (5324).

(21)

Videotape, DVD, CD, and/or other media device rental shop (532230), except rental of adult motion pictures.

(22)

Graphic design services, including commercial art studios (541430).

(23)

Educational services (611), including business and secretarial schools (611410), computer training (611420), professional and management development training (611430), technical and trade schools provided no vehicles or heavy machinery are used on site (61151), fine arts schools (611610), sports and recreation instruction (611620), and language schools (611630).

(24)

Social services (624), but not including temporary residential services.

(25)

Theatrical producers (711310) and dinner theaters (711110).

(26)

Museums and art galleries (712110).

(27)

Amusement arcades (713120), indoor tennis courts and club facilities, indoor rinks, ice and roller skating, sports club and physical fitness facilities (713940), bowling alleys and bowling centers (713950), billiard parlors and rooms, indoor archery ranges, dance halls, trampoline facilities and other indoor recreation as listed in (713990.)

(28)

Eating and drinking places (722110), Cafeterias (722212), Drinking places (bars and taverns (722410.) Adult-oriented entertainment uses are not included.

a.

Restaurants or other places serving food or beverages. Outside seating, assembly, and activity areas for restaurants may be permitted by the planning commission. Such outside areas shall be designed as part of the building mass to which they are accessory in the sense that they shall be enclosed by masonry walls and/or decorative fencing elements extended from the main building, or shall otherwise be physically be delineated and limited in a manner acceptable to the planning commission; subject further to the following conditions:

1.

For outside areas not requiring permanent capital improvements, the zoning administrator may approve such outside seating uses or activity areas for an initial period not to exceed two years, with successive approvals for a similar period.

2.

Setbacks for such outside areas shall be not less than those required for conventional buildings within the district.

3.

Outside areas provide for adequate emergency egress by patrons, and shall not occupy required sidewalk areas nor impair emergency vehicle access.

4.

Parking shall be provided for the uses in such outside areas in addition to that required for uses in the main building.

(29)

Small engine repair (811411).

(30)

Re-upholstery and furniture repair (811420).

(31)

Personal services (8121), except tattoo parlors and adult-oriented entertainment uses.

(32)

Automobile parking for fee (812930).

(33)

Planned shopping centers are, hereby, defined as a grouping of retail and service uses on a single site with common parking facilities. The following development standards shall apply to all sites developed as planned shopping centers, as defined above and are in addition to any of the applicable requirements of this chapter.

a.

Building facades greater than one hundred feet in length shall incorporate recesses and projections along, at least, 20 percent of the length of the facade. Windows, awnings and arcades must total at least 60 percent of a facade length abutting a public street.

b.

Architectural interest shall be provided through the use of repeating patterns of changes of color, texture, and material modules. At least one of these elements shall repeat horizontally. All elements should repeat at intervals of no more than 50 feet, either horizontally or vertically.

c.

There shall be variations in roof lines to reduce the massive scale of the structure and to add visual interest. Roofs shall have at least two of the following features:

1.

Parapets concealing flat roofs and rooftop equipment;

2.

Overhanging eaves;

3.

Sloped roofs;

4.

Three or more roof surfaces.

d.

Each principal building with an anchor tenant shall have a clearly defined, highly visible customer entrance with features such as canopies or porticos, arcades, arches, wing walls and integral planters.

e.

Facade colors shall be of a low reflectance, subtle, neutral or earth tone colors. The use of high intensity colors, metallic colors, black or fluorescent colors is prohibited.

f.

Building trim may consist of brighter colors, but neon tubing, as a building accent, is prohibited.

g.

Loading docks, trash collection, outdoor storage and similar facilities and functions shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. Use of screening materials that are different from or inferior to the principal materials of the building and landscape is prohibited.

h.

Each planned shopping center must contribute to the establishment or enhancement of the community and public spaces by providing at least two community amenities, such as patio/seating area, water feature, clock tower, pedestrian plaza with benches, public art, etc.

(34)

Membership organizations (813410), including community service clubs, fraternal organizations, and lodge halls.

(35)

Self-storage facilities and mini-warehouses (531130) used to provide temporary storage needs for businesses, apartment dwellers and other individuals on a self-service basis shall be a permitted use and are subject to the following extra standards:

a.

No storage of combustible or flammable liquids, combustible fibers, explosive materials, or toxic materials shall be permitted with the self-storage buildings or upon the premises.

b.

No outside storage shall be permitted.

c.

The use of the premises shall be limited to storage only and shall not be used for operating any other business, or for maintaining or repairing of any vehicles, recreational equipment or other items, or for any recreational activity hobby or purpose other than the storage of personal items and business items.

d.

Appropriate screening as per the requirements of section 38-614 shall be provided for those portions of the site abutting a residential zoning district.

e.

The site shall be graded, drained and developed with hard-surfaced pavement as per the specifications of section 38-73.

f.

Fire hydrants and fire suppression devices shall be provided, installed and maintained as per the requirements of the township fire chief.

g.

Buildings shall not exceed 200 feet in length and shall maintain a minimum distance of 25 feet between individual buildings.

(36)

Drive-in, fast food, or carry out restaurants (722211), shall be a permitted use and are subject to the following extra standards:

a.

Ingress and egress points shall be located at least 30 feet from the intersection of any two streets measured from the intersection of the street right-of-way of least 120 feet.

b.

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

c.

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

d.

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

e.

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

f.

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

g.

Except for approved drive-in restaurants, it shall be unlawful for any person to consume or for any restaurant owner, operator, manager, franchise holder, or anyone else in authority to allow or permit the consumption of foods, frozen desserts, or beverages in motor vehicles parked upon the restaurant premises. Outdoor eating may be permitted in designated outdoor seating areas attached to the main restaurant building and accessible from such building. Such areas may also include children's playground equipment. The size and spatial arrangement of such areas shall be subject to the review and approval of the planning commission during site plan review.

(37)

Motor vehicle repair and service facilities not previously described as permitted uses in this district (8111), shall be a permitted use and are subject to the following extra standards:

a.

All activities shall be conducted in an enclosed building.

b.

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

c.

No signs, storage, nor display of any kind shall be allowed within the street right-of-way. All signs and display shall be so located as not to obstruct view of vehicles.

d.

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

e.

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

f.

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

(38)

Motor vehicle washing, conveyor or nonconveyor type (811192) shall be a permitted use, must be completely enclosed in a building, excepting points of ingress and egress, and are subject to the following extra standards:

a.

All cleaning operations shall be completely enclosed within a building.

b.

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

c.

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

d.

Where only a single lane is provided, it shall be used for no other purpose than to provide access to the wash rack. All lanes provided shall be suitably protected from interference by other traffic.

e.

The total length of the required lane or lanes so provided for a conveyor type wash rack shall be determined by the overall length of the building, including areas having side walls but no roof. In any building where the washing operation moves in other than a straight line, the length of the building, for the purposes of this section, shall be the distance measured along the centerlines of the conveyor or wash line from the point of entry to the point of exit from the building. The overall length of the required lane or lanes, as measured along the centerline, shall be determined in accordance with the following: Where the building is 80 feet or less in overall length, the total required lanes shall be not less than 400 feet in length. Where the building exceeds 80 feet in length, the length of the required lane or lanes shall be increased 50 feet for each ten feet of or fraction thereof by which the building exceeds 80 feet in overall length.

f.

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

g.

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

h.

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

i.

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

j.

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

k.

Gasoline sales shall be permitted on the property, provided that there is compliance with any other applicable sections.

(39)

Lumber yards and suppliers of prefabricated buildings and kits (444190) shall be a permitted use and are subject to the following special standards:

a.

The site shall abut only land zoned C-2, M-1, or M-2.

b.

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

(40)

Automobile service stations (447) for the sale of gasoline, oil, and minor accessories only (447110), gasoline stations with convenience stores (447110) and fueling stations without minor repair services or with other product or services (447190) are included in this category.

a.

The curb cuts for ingress and egress to and from a service station shall not be permitted at such locations that will tend to create traffic hazards in the streets immediately adjacent thereto. Entrances shall be no less than 25 feet from a street intersection measured from the edge of the planned road right-of-way or from adjacent AG, R-1A, R-1B, R-2, R-3, RM or MHD districts.

b.

The minimum lot area shall be 15,000 square feet, and so arranged that ample space is available for motor vehicles which are required to wait. Automobile service stations which are intended solely for the sale of gasoline, oil, and minor accessories and having no facilities for repair or servicing of automobiles (including lubrication facilities) may be permitted on lots of 10,000 square feet, subject to all other provisions required in this chapter.

(41)

Accessory structures and uses customarily incidental to the permitted uses listed in this section.

(42)

Temporary outdoor sales: The temporary outdoor display and sale of live plants, cut flowers, pumpkins or Christmas trees, which are not part of an otherwise approved open-air business, provided such display or sale is for a period of not more than 60 days per year and is in accordance with section 38-354.

(43)

Other uses similar to the uses listed in this section provided that the business is conducted within completely enclosed buildings.

(Ord. No. 211, § 1, 10-16-2013)

The following uses may be permitted in the C-2 district by the planning commission after a public hearing and review and subject to the general special approval standards and procedures provided in article IV of this chapter. The parenthetical number (000000) listed by each use is taken from the North American Industry Classification System (NAICS), as published by the U.S. Office of Management and Budget and is intended to provide a general guide of uses intended under each heading.

(1)

Gas or electrical transmission lines as provided in section 38-491.

(2)

Telephone exchange, static transformer stations, gas regulator stations, and other public utility buildings as provided in section 38-499.

(3)

New automobile and truck agency sales and showrooms (441110) and used automobile and truck sales (441120), recreational vehicles (441210), motorcycles (441221), boat dealers (441222) or other motor vehicle sales areas (441229) [other than homeowners' gardening equipment and related] as provided in section 38-518 and section 38-519.

(4)

Open air sale of manufactured and mobile homes, parts, and equipment (453930).

(5)

Taxi service office (485310) and limousine service office (485320).

(6)

Motion picture theaters (512131), and outdoor theaters, including drive-in theaters (512132), except adult motion picture theaters.

(7)

Veterinary and animal clinics (541940).

(8)

Hospitals (622) as provided in section 38-513.

(9)

Community housing services with overnight accommodations (62422) including temporary shelters (624221).

(10)

Sports arenas and sport stadiums (711310), amusement and theme parks (713110), commercial outdoor recreation (713120, 713940, 713950, 713990), except racing (711212).

(11)

Gambling facilities (7132) including casinos (713210) and casino hotels (721120).

(12)

Hotels, motels (721110), and health spas and fitness centers with accommodations (721110), and tourist courts, as provided in section 38-500.

(13)

Repair services not otherwise provided for as permitted uses in this district (811).

(14)

Personal services not previously described as a permitted use in this district (812199).

(15)

Outdoor storage and/or outdoor sales areas.

(16)

Adult businesses (see definitions); including adult bookstores, adult motion picture theaters, adult novelty stores, massage parlors (812199), nude modeling studios, premises for nude entertainment, cabarets, and escort services may be permitted in the C-2, general business districts subject to the following regulations:

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

Regulations.

a.

It shall be unlawful to establish any adult bookstore, adult motion picture theater, massage parlor, nude modeling studio, premises for nude entertainment, cabarets, or escort service except in the C-2 general business district.

a.

No such uses may be permitted in the C-2 district, within 660 feet of any district zoned AG, R-1A, R-1B, R-2, R-3, RM or MHD measured from the lot line of the locations of the proposed use.

b.

No such uses may be permitted in the C-2 district within 660 feet of any church or school measured from the lot line of the location of the proposed use.

c.

Any of the stated uses of subsection (16) of this section shall not be located within a 660-foot radius of any other such use.

(17)

Pet care services as provided in section 38-529.

(Ord. No. 211, § 1, 10-16-2013; Ord. No. 212, § 1, 8-19-2015)

Required conditions in the C-2 district are as follows:

(1)

Outdoor display of merchandise shall be limited as noted in section 38-324, except for such open-air display uses as are approved by the planning commission.

(2)

Outdoor display of merchandise shall be kept back at least 80 feet from the centerline of all roads.

(3)

Outdoor storage shall be limited to the side or rear yard and totally enclosed with view-obscuring screening as specified by the planning commission based on section 38-614, when adjacent to any residential district or open to public view.

(4)

Retail stores with a gross floor area of 50,000 square feet or more shall be developed in accordance with "Site Development Standards for Planned Shopping Centers" as stated section 38-352(33) of this chapter.

(Ord. No. 211, § 1, 10-16-2013)

Area, height and placement requirements in the C-2 district are in accordance with the schedule of district regulations, division 12, article III of this chapter.

(Ord. No. 211, § 1, 10-16-2013)

The M-1 light industrial district is established as a district in which the principal uses allowed are wholesale activities, warehousing, light manufacturing, fabrication or processing. For the M-1 light industrial district, in promoting the general purpose of this chapter, the specific intent of this division is to:

(1)

Control nuisance effects of warehousing, wholesale activities, and industry such as smoke, noise, odor, dust, dirt, glare, vibrations and other adverse effects so that such uses will be compatible with other land uses such as commercial or residential.

(2)

Encourage light industrial uses to locate on major highways so that traffic generated by these uses will not utilize local residential streets.

(3)

Prohibit open storage of materials.

(Ord. No. 62, § 7-12.01, 8-11-1984)

The following uses are permitted in an M-1 district:

(1)

Any of the following uses conducted wholly within a completely enclosed building:

a.

Warehousing and wholesale establishments, and storage buildings (other than those accessory to an adjoining retail use).

b.

The compounding, processing, packaging or treatment of such products as: bakery goods, candy, cosmetics, pharmaceutical, toiletries, food products, hardware and cutlery; tool, die gauge, and machine shops.

c.

The manufacture, compounding, assembling, or improvement of articles or merchandise from the following previously prepared materials: canvas, cellophane, cloth, cork, feathers, felt, fiber, fur, glass, hair, leather, paper, plastics, precious or semiprecious metals or stones, soil, shell, textiles, tobacco, wax, wire, wood or yarns.

d.

The manufacture of pottery and figurines or other similar ceramic products using only previously pulverized clay or kilns fired only by electricity or gas.

e.

Manufacture of musical instruments, toys, novelties and metal or rubber stamps or other small molded rubber products.

f.

Manufacture or assembly of electrical appliances, electronic instruments and devices, radios and phonographs (excluding large stamping).

g.

Laboratories - experimental, film or testing.

h.

Manufacture and repair of electronic or neon signs, light sheet metal products, including heating and ventilating equipment, cornices, eaves and the like.

i.

All commercial radio, television, and other transmitting or relay antenna towers, provided that the setbacks for such towers from all abutting streets or adjacent property shall be a distance of at least 50 feet greater than the height of such tower.

(2)

Off-street parking and loading as required in section 38-619.

(3)

Publicly owned buildings, public utility buildings with service yards; water and sewage pumping stations.

(4)

Accessory buildings, structures, and uses that are customarily incidental to any of the uses of this section when located on the same premises.

(Ord. No. 62, § 7-12.02, 8-11-1984)

The following uses may be permitted in the M-1 district by the planning commission after a public hearing and review of the proposed site plan, subject to the specified standards for each particular land use itemized in this section and subject to the general standards to guide the actions of the planning commission as specified in section 38-486:

(1)

Gas or electrical transmission lines as provided by section 38-491.

(2)

Outdoor theaters (except adult motion picture theaters) as provided in section 38-492.

(3)

Lumber and building material dealers as provided in section 38-495.

(4)

Telephone exchanges and static transformer stations, gas regulator stations, and other public utility buildings as provided in section 38-499.

(5)

Airports as provided in section 38-525.

(Ord. No. 62, § 7-12.03, 8-11-1984)

Area, height and placement requirements in the M-1 district are in accordance with the schedule of district regulations, division 12, article III of this chapter.

(Ord. No. 62, § 7-12.04, 8-11-1984)

The M-2 heavy industrial district is established as a district in which the principal uses allowed would be more intensive in nature than those uses allowed in the M-1 light industrial district. For the M-2 heavy industrial district, in promoting the general purpose of this chapter, the specific intent of this division is to provide areas:

(1)

For industrial uses, which, because of the nature of their operation cannot control nuisance effects to the extent that they would be compatible with residential or commercial land uses.

(2)

In the township where industrial uses requiring outdoor storage could locate.

(Ord. No. 62, § 7-13.01, 8-11-1984)

The following uses are permitted in an M-2 district:

(1)

All principal permitted uses is the M-1 district.

(2)

Any production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products which shall conform to the performance standards of the township governing noise, smoke, and other factors.

(3)

Electric power generating facilities together with all necessary uses.

(Ord. No. 62, § 7-13.02, 8-11-1984)

The following uses may be permitted in the M-2 district by the planning commission after a public hearing and review of the proposed site plan, subject to the specified standards for each particular land use itemized in this section and subject to the general standards to guide the action of the planning commission as set forth in article IV of this chapter:

(1)

Gas or electrical transmission lines as provided in section 38-491.

(2)

Outdoor theaters (except adult motion pictures theaters) as provided in section 38-492.

(3)

Auto race tracks as provided in section 38-493.

(4)

Horse and dog tracks as provided in section 38-494.

(5)

Quarries as provided in section 38-496.

(6)

Junkyards, auto salvage or wrecking yards, waste or scrap recycling operations, and refuse transfer stations as provided in section 38-497. All junkyards shall further comply with all requirements of article III, chapter 26 of this Code.

(7)

Sanitary landfills as provided in sections 12-150 and 38-498. Approval of less than 200 feet of isolation distance requires either a berm which is not less than eight feet high with a four-foot fence on top and which is constructed around the perimeter of the active work area or natural screening which offers equivalent protection. Greater isolation distance may be required as determined by the state department of environmental quality. When an earth berm is required, it shall comply with the provisions of section 38-614 and 38-615.

(8)

Telephone exchanges and static transformer stations, gas regulator stations and other public utility building as provided in section 38-499.

(9)

Airports as provided in section 38-525.

(10)

Accessory buildings, structures and uses that are customarily incidental to any of the uses of this section when located on the same premises.

(Ord. No. 62, § 7-13.03, 8-11-1984)

Area, height and placement requirements in the M-2 district are in accordance with the schedule of district regulations, division 12, article III of this chapter.

(Ord. No. 62, § 7-13.04, 8-11-1984)

  *When creating five or more parcels, 75 feet per Ordinance Number 102.

(Ord. No. 62, § 7-13.04, 8-11-1984; Ord. No. 171, 5-15-2002; Ord. No. 198, art. 6, 8-16-2006)

The following are the schedule notes for section 38-441:

A.

In the case of a rear yard abutting a side yard, or where a side yard is adjacent to a front yard across a common separating street, the side yard abutting a street shall not be less than the minimum front yard of the district in which located. (see illustration "Side Yards Abutting a Street.")

B.

In a multiple-family district (RM) the total number of rooms of 80 square feet or more (not including kitchen, dining and sanitary facilities) shall not be more than the area of the parcel, in square feet, divided by 1,600. All units shall have at least one living room and one bedroom, except that not more than ten percent of the units may be of an efficiency type, and not more than 70 percent one bedroom units. These restrictions shall not apply to multiple-family development intended for exclusive occupancy for senior citizens and disabled persons. In a RM district, for the purpose of computing the permitted number of dwelling units per acre, the following room assignments shall control:

Efficiency: one room

One bedroom: two rooms

Two bedrooms: three rooms

Three bedrooms: four rooms

Plans presented showing one, two or three bedroom units and including a den, library or other extra room shall count such extra room as a bedroom for the purpose of computing density. In an RM district the area used for computing density shall be the total site area exclusive of any dedicated public right-of-way, either interior or bounding roads.

C.

In an RM district, front, side or rear yards need not refer to spacing between buildings for a planned development for two or more buildings on the same parcel. In such cases the minimum distance between any two buildings shall be regulated according to the length and height of such building or such buildings, and in no instance shall this distance be less than 30 feet. See the following formula. In an RM district areas devoted to off-street parking, drives or maneuvering lanes shall not cover more than 30 percent of the area of any required yard or any required minimum distance between buildings. In an RM district the maximum horizontal length of any one building shall be 180 feet, measured along any single front, side, rear or other exterior wall elevation. In an RM district the formula for regulating the required minimum distance between two buildings is as follows:

D.

Off-street parking shall be permitted to occupy a required front yard after approval of the parking plan layout and points of ingress and egress by the planning commission, provided that there shall be maintained a minimum unobstructed and landscaped setback of ten feet between the nearest point of the off-street parking area, exclusive of access driveways, and the nearest right-of-way as indicated on the major thoroughfare plan. Such landscaped area shall conform to the provisions of sections 38-614 and 38-615.

E.

The planning commission may waive one or both side yard requirements of building in the C-2 or C-1 districts, provided that adequate access to the rear of the property is provided by one of the following manners:

(A)

There shall be provided on every lot in a C-2 or C-1 district on which is located a permitted building at least one side yard not less than 20 feet wide for access to the rear yard. If the permanent building is not placed on the property line of the remaining side to allow for a common wall, then a setback of at least three feet is required for maintenance; or

(B)

A dedicated alley or service aisle or permanent easement of access to the rear of the property is provided; or

(C)

An overall master site development plan is presented to the planning commission, agreed upon by affected property owners; which plan includes building elevations for such commercial center, adequate off-street parking and loading area, access to all buildings and the rear of the property for police and fire vehicles.

Side yard requirements for C-2 and C-1 districts shall not be waived if any of the following conditions exist:

(a)

Where side yards are adjacent to a public right-of-way.

(b)

Where side yards abut property zoned other than C-2 or C-1.

(c)

Where the continuous development of stores exceeds 500 feet.

F.

Required lot area, lot width, and other regulations for single-family residences in an RM district shall be the same as for the single-family district abutting on such RM district at the nearest distance from the lot in question, or the same as the R-1B district if no single-family district abuts.

Required lot area, lot width and other regulations for two-family residences in an RM district shall be the same as for the R-2 Two Family Residential district.

G.

Planned commercial development involving five acres or more under one ownership shall be subject to the review and recommendation of the planning commission after a public hearing, regarding modifications with respect to height regulations, subject further to the review by the township board and approval thereof. In approving an increase in structure height, the planning commission shall require that all yards shall at least be equal to their depth to the height of the structure.

H.

Off-street parking may be permitted in a portion of the required front yard, provided that such off-street parking is not located within 50 feet of the front lot line. Any portion of required front yard not used for off-street parking shall be planted in lawn, and landscaped and shall be maintained in a healthy growing condition.

I.

No building shall be located closer that 50 feet to the outer perimeter (property line) of such district when such property line abuts any residential district. Required side or rear yards may be used for off-street parking or loading and unloading, provided that in such instance the planning commission shall review and approve the proposed parking and site plan to determine that sufficient access to the rear of the building is provided for firefighting or other emergency type equipment. A heavily planted, completely obscuring, yearround greenbelt not less than 20 feet wide, an obscuring wall or a landscaped earth berm (as approved by the planning commission) shall be provided on those sides of the property used or planned for open storage, parking or service drives, loading, unloading or servicing, and abutting land zoned R-1A, R-1B, R-2, AG, RM, or MHR. The extent of such greenbelt, wall or berm may be determined by the planning commission on the basis of usage. Such wall shall not be less than six feet in height and may, depending upon land usage, be required to be eight feet in height. Such greenbelt, wall or berm shall be subject further to the requirements of article VI of this chapter, sections 38-614 and 38-615.

J.

Where two-family dwelling units are permitted, minimum lot area and minimum lot width shall be determined as follows:

K.

Reserved for future use.

L.

Minimum floor area per dwelling units in square feet for multiple-family dwellings are as follows:

Efficiency unit: 450 square feet

One bedroom unit: 600 square feet

Two bedroom unit: 800 square feet

Three bedroom unit: 1,000 square feet

Four bedroom unit: 1,200 square feet

M.

For those lots adjacent to a major or secondary thoroughfare or collector street, as identified in the township planning commission, the yard spaces shall be measured from the proposed future right-of-way line for such thoroughfare to the building or structure on a lot. In determining the location of the edge of the planned right-of-way, the centerline of a planned right-of-way shall be considered to coincide with the centerline of the existing thoroughfare. Until such time as the thoroughfare plan shall have been adopted, the existing right-of-way of a 66-foot right-of-way shall be observed, whichever is greater.

N.

The requirements listed in the table for this district which are not for parks and condominiums, are for subdivision and development sites as well as for other single-family homes. There is no township minimum lot width or setbacks for sites within a park or condominium project. Those are subject to the control of the state mobile home commission regulations.

O.

All accessory farm buildings for uses other than those usually incidental to the dwelling shall be located not less than 100 feet from any dwelling and not less than 25 feet from any lot line or property boundary, with the exception that the main farm barn building shall be less than 150 feet from the front property line. This requirement shall not apply to the alteration or addition of any existing barn or other farm buildings, except dwellings, which are located closer to the road and existed prior to the adoption date of the ordinance from which this chapter is derived.

P.

For properties fronting on Lake Huron, minimum setback established by the state department of environmental quality pursuant to Part 323 of Public Act No. 451 of 1994 (MCL 324.32301 et seq.) will apply if greater than that normally prescribed by this schedule, otherwise the setback set forth in this schedule shall apply.

(Ord. No. 62, § 7-13.05, 8-11-1984; Ord. No. 135, § 6, 1-15-1997; Ord. No. 198, art. 6, 8-16-2006)

The intent of this section is to permit the subdivider or developer to vary his lot sizes and lot widths so as to average the minimum size of lot per unit as required in this division, schedule of regulations, in the R-1A and R-1B districts. If this option is selected, the following conditions shall be met:

(1)

In meeting the average minimum lot size, the subdivision shall be so designed as not to create lots having an area or width greater than ten percent below that area or width required in this division, and shall not create an attendant increase in the number of lots permitted. In determining number of lots permitted, all calculations shall be predicated upon the R-1A district having a gross density (including roads) of 3.25 units per acre (with public sewer) and 1.6 units per acre (without public sewer), and the R-1B district having a gross density (including roads) of 3.9 units per acre (with public sewer) and 1.6 units per acre (without public sewer).

(2)

The technique of averaging minimum lot size shall be acceptable only in those instances wherein the entire preliminary plat, which has received township board approval, is carried through a final plat and is then recorded in its totality. Recording of portions of a preliminary plat shall not be acceptable under this option.

(3)

The computations showing lot area and the average resulting through this technique shall be indicated on the print of the preliminary plat. Such computations shall include the dimensions and area of each lot proposed on the preliminary plat, the total average square foot lot area in all proposed lots, and the resultant average square foot area per lot. The average square foot area per lot shall not be less than the minimum lot size area as required in this division for the district in which the subdivision is located.

(4)

Minimum yard requirements of the district in which the subdivision is located shall be observed.

(Ord. No. 62, § 7-13.06, 8-11-1984)

(a)

The intent of this section is to permit the development of attached and detached one-family residential patterns which, through design innovation, will introduce design flexibility so as to provide for the sound physical handling of site plans in situations where the normal subdivision approach would otherwise be restrictive.

(b)

To accomplish this, the following modifications to the one-family residential standards, as outlined in the schedule of regulations shall be permitted, subject to the conditions imposed in this subsection (b):

(1)

Permitted areas; characteristics. In all R-1A and R-1B districts, one-family clustering shall be permitted in those areas having the following characteristics:

a.

An area generally parallel to, and not to exceed 360 feet in depth, on those unsubdivided parcels of land having frontage on existing or proposed major thoroughfares of at least 120 feet so as to provide transition between such thoroughfare and adjacent one-family detached housing. The density may equal five dwelling units per acre (including all residential roads). The maximum depth permitted in this section may be increased by the planning commission where it is found that the remaining portion of the parcel is of insufficient area or restricted by dimension to be suitably developed under a normal subdivision approach. In such instance the density on that area increased beyond the initial 360 feet shall not exceed that specified in subsection(1)b of this section.

b.

Those unsubdivided parcels of land abutting an existing or proposed collector street of at least 86 feet which, in the opinion of the planning commission, would be impractical to develop under a normal subdivision approach due to topographic conditions, unusual parcel shape, and/or restrictive property dimensions. The density may equal the following units per acre (including all residential roads):

R-1A - 3.26 dwelling units per acre

R-1B - 3.9 dwelling units per acre

c.

Unsubdivided acreage consisting of less than 100 acres bounded on at least three sides by an industrial district and/or an existing public or semipublic development and fronting on a state truckline road or a major thoroughfare of at least 120 feet right-of-way. The density of this development may be equal to that permitted in subsection (b)(1)b of this section.

(2)

Party wall relationships. Under this section, the attaching of one-family homes shall be permitted when such homes are attached through a common party wall which does not have over 50 percent of its area in common with an abutting dwelling wall, or by means of an architectural wall detail which does not form interior room space, or through a common party wall in the garage portion of the structures. There shall be no other common party wall relationship permitted through any other portion of the residential unit. The maximum number of units attached in such described manner shall not exceed four in a cluster.

(3)

Yard requirements. The yard requirements shall be as follows:

a.

Front yards, on that side of a cluster dwelling adjacent to a dedicated street shall be equal to at least 35 feet.

b.

All other setbacks shall be at least 30 feet between property line and building line.

c.

Spacing between groups of clustered dwellings or freestanding cluster units shall be equal to at least 25 feet measured between the nearest point of the two structures.

d.

One yard of the cluster may be provided in the form of common open space.

e.

A one-family cluster development when abutting a front yard of an existing recorded subdivision, which is not a part of the comprehensive site plan submitted under this section, shall cause all dwelling units facing such subdivision to relate through its front or entrance facade and shall treat such site of the cluster as a front yard.

(4)

Parking requirements. Off-street parking shall be provided in accordance with section 38-619. All parking shall be provided with completely enclosed garages attached to the principal use it is to serve.

(5)

Floor area. The minimum floor area for each residence shall be equal to the minimum floor area per unit as set forth in the schedule of regulations for the district in which located.

(6)

Height. The height of any individual dwelling unit in a cluster shall conform to limitations of the schedule of regulations for the district in which located.

(7)

Lot coverage. The maximum lot coverage permitted shall conform to the schedule of regulations for the district in which located.

(8)

Review of plans. In reviewing the plans and approving the application of this section to a particular site, the planning commission shall require the following:

a.

A landscaped berm at least five feet in height, with slopes conforming to the requirements of sections 38-614 and 38-615 shall be provided along the entire property line abutting a major thoroughfare or collector street. This berm may be included within a required yard setback.

b.

All access to the site shall be from a major thoroughfare of 120 feet right-of-way, or a collector street of 86 feet right-of-way as set forth in the township thoroughfare plan, the township master plan, or the county road commission thoroughfare plan, whichever is applicable, as determined by the planning commission.

c.

All improvements, including private roads and utilities, shall be approved by the township engineer.

(9)

Required information. The sponsor, in submitting a proposed layout under this section for review by the planning commission, shall include all information and data required by the planning commission in its rules for site plan review and, in addition, typical building elevations and floor plans, topography drawn at a two-foot contour interval, main floor grade elevations relative to the existing topography, if parcel is located abutting a major thoroughfare, and such other detail as the sponsor deems necessary to assist in review of proposed plan by the planning commission.

(10)

Duration of site approval. Approval of a site plan under this section shall be effective for a period of 18 months. If the development of roads and utilities is not undertaken in this period of time and the construction of residences is not continued with a regularity in each building season and completed in four years, the development shall be considered as abandoned and authorization shall expire requiring that any proposed development thereafter shall be reviewed and approved by the planning commission. Any proposed change in site plan, after approval is had, shall require review and approval of the planning commission prior to effecting such change. Building plan changes that do not affect the site plan may be approved by the building inspector.

(11)

Consistency of review with other chapter provisions. Further, site plan review by the planning commission, as provided in article II of this chapter shall be made insofar as such review required for therein is not inconsistent with the provisions provided in this section.

(12)

Density requirements. Under subsections (b)(1)a and (b)(1)b of this section, one-family homes may be constructed as detached or freestanding units so that the proposed development may be platted under Public Act No. 288 of 1967 (MCL 560.101 et seq.). These detached units shall be clustered in groups on no less than three and no more than four units each, and under either of the development patterns, the density shall not exceed the densities permitted under subsections (b)(1)a and (b)(1)b of this section, as the case may apply to the site in question. Further, the following conditions shall be met:

a.

Front yards on that side of the cluster adjacent to a dedicated or private street shall be equal to at least 35 feet.

b.

Exterior yards of any cluster grouping shall be equal to at least 30 feet, measured between the nearest point of a unit and property line.

c.

Spacing between groups of clusters shall be equal to at least 25 feet, measured between the nearest point of two groupings. Spacing between units within a cluster grouping shall be no less than six feet the nearest point of adjacent units.

d.

Units in a cluster grouping shall be varied relative to their minimum front yard setback so as to create a stepped effect, placing any one unit at least 15 feet forward or to the rear of the front building line of the immediately adjacent unit.

e.

So as to accomplish a unified appearance, the units in each cluster grouping shall be constructed of similar materials and shall have one architectural style applied. The building facades, in their overall treatment, shall be so varied so as not to give the appearance of repetition. All off-street parking shall be provided within a fully enclosed garage space which shall be attached to the living space which they serve through a common party wall.

f.

All units in any one cluster grouping shall be under construction at the same time. It shall be expressly prohibited in meeting the requirements of this section to construct one unit at a time in any one cluster grouping.

g.

Units within a cluster grouping shall be attached by means of an architectural wall or similar feature approved by the planning commission. This attachment shall be accomplished along those building facades adjacent to or nearest the access street. A lot property line can intersect these architectural features.

h.

Approval under this section shall require submittal of site plan including one of the following approaches:

1.

A fully dimensioned and detailed site plan showing exact location of all structures with proposed grading indicated at a contour interval no greater than one foot, drawn to a scale on one inch is equal to 100 feet. All floor plans shall be tied into the proposed grading plan showing elevations of each floor.

2.

The preliminary site plan may be submitted with rectangular areas designated on the plan within which each structure shall be later located, with proposed grading indicated at a contour interval of no greater than one foot, drawn to a scale on one inch equal to 100 feet. In this instance, a building permit will not be issued until the final building plan is submitted and is drawn in the rectangular area shown in the site plan. Proposed grading within the rectangular area shall be superimposed on this site.

i.

The overall site plan shall have a proposed subdivision pattern superimposed, showing all rights-of-way, including individual lot lines, and all common areas to be shared by the individual owners. This subdivision plan shall be recorded as required under the township subdivision regulations.

j.

All common areas designated on the plan shall be recorded as easements for the specific purpose for which intended. The maintenance of these areas shall be provided through a homeowner's association specifically ensuring the upkeep and the overall continuity of building material, color, and those items that will ensure the continued comprehensive appearance first created in the original development plan of the cluster groupings. The documents required under this subsection shall receive approval of the township board prior to their being recorded and prior to the issuance of a building permit.

k.

All other standards of this section as applied to all locations qualifying under the requirements set forth in subsections (b)(1)a and (b)(1)b and subsection (b)(5) of this section, as related to minimum floor areas, subsection (b)(6) as related to building height, and subsections (b)(7)—(b)(11) shall be met. Where a conflict may appear between standards set forth in one of such subsections and those standards set forth in this subsection (b)(12), the most restrictive standard shall be the controlling standard.

(13)

Public hearing. Prior to taking action on a proposed one-family residential cluster option, the planning commission shall hold a public hearing in accordance with section 38-485.

(Ord. No. 62, § 7-13.07, 8-11-1984)