(A)   It is the intent of this subchapter to provide a set of procedures and standards for special uses of land or structure, which because of their unique characteristics, require special consideration in relation to the welfare of adjacent properties and the community as a whole.

   (B)   It is the expressed purpose of the regulations and standards, to allow, practical latitude for the developer, and at the same time maintain adequate provision for the protection of the health, safety, convenience and general welfare of the community.

   (C)   For the purposes of this chapter, the following special use categories are identified:

      (1)   Facilities/institutional uses;

      (2)   Golf courses, golf academies, shooting clubs, shooting ranges and country clubs;

      (3)   Manufactured home developments;

      (4)   Planned unit developments;

      (5)   Planned residential unit development;

      (6)   Funeral homes and mortuaries;

      (7)   Service installations and public utilities;

      (8)   Automotive service station; and

      (9)   Miscellaneous special uses.

   (D)   The following, together with previous references in other chapters of this subchapter, designate the requirements, procedures and standards, which must be met before a special use permit can be issued.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006; Ord. 09-02, passed 10-20-2009) Penalty, see § 155.999

   The application for a special use permit shall be submitted and processed under the following procedures.

   (A)   Submission of application.

      (1)   An application shall be submitted through the Zoning Administrator on a special form for that purpose. Each application shall be accompanied by the payment of a fee as established by the local Township Board.

      (2)   In the event the allowance of a desired use requires both a rezoning and special use permit, both requests may be submitted jointly, subject to the following.

         (a)   The ordinance procedures for each shall be followed as specified.

         (b)   All applicable standards and specifications required by the ordinance shall be observed.

         (c)   In the event both permits are required, separate hearings will be held. The rezoning hearing shall be heard first.

   (B)   Data required.

      (1)   The special form shall be completed in full by the applicant including a statement by the applicant that can be complied with.

      (2)   Site plan drawn to scale (preferably 1" = 100') of the total property involved showing the location of all abutting streets, the location of all existing and proposed structures and uses of the property and any natural or human-made features which effect the property, together with indication of abutting uses. See site plan requirements in §§ 155.330 through 155.335.

      (3)   Preliminary plans and specifications of the proposed development.

   (C)   Planning Commission review and hearing. The application together with all required data shall be transmitted to the Planning Commission for review. After review and study of any application and related material, the Planning Commission shall hold a public hearing. Notices shall be given in accordance with § 155.385.

   (D)   Permit expiration. A special use permit issued pursuant to this subchapter shall be valid for one year from the date of issuance of the permit. If construction has not commenced and proceeded meaningfully toward completion by the end of this one-year period, the Zoning Administrator shall notify applicant in writing of the expiration of the permit.

   (E)   Revocation. The Planning Commission shall have the authority to revoke any special use permit after it has been proved that the holder of the permit has failed to comply with any of the applicable requirements, or other applicable sections. Written notice of violation shall be given by the Zoning Administrator to the holder of the permit and correction must be made within 30 days. After a 30-day period, an additional notice shall be given by the Zoning Administrator, the use for which the permit was granted must cease within 60 days from date of second notice.

   (F)   Re-application. No application for a special use permit which has been denied wholly or in part by the Planning Commission shall be resubmitted until the expiration of one year or more from the date of the denial, except on the grounds of newly discovered evidence or proof of change of conditions.

   (G)   Recommendation.

      (1)   The Township Planning Commission shall make a recommendation to the Township Board of Trustees to deny, approve or approve with conditions, a request for special use permit within 60 days of its submission to the Planning Commission, except in those cases where the applicant has been requested to furnish additional information, in which case a decision shall be made within 30 days from the receipt of the information.

      (2)   The Planning Commission may deny, approve or approve with conditions, the request for special use permit approval. If the application for a special use permit is in compliance with all standards in this zoning ordinance, and other applicable ordinance and state and federal statutes, the Planning Commission will make a recommendation to the Township Board of Trustees, which will then have the option of holding a public hearing and final approval or denial. The decision on a special use permit shall be incorporated in a written statement of findings and conclusions relative to the special use, which specifies the basis for the decision and any conditions imposed.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006; Ord. 09-02, passed 10-20-2009) Penalty, see § 155.999

   Before issuing a special use permit, the Planning Commission shall establish that the following general standards, as well as specific standards, shall be satisfied.

   (A)   General standards. The Planning Commission shall review each application for the purpose of determining that each proposed use meets the following standards and, in addition, shall find adequate evidence that each use on the proposed site will:

      (1)   Be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such a use will not change the essential character of the area in which it is proposed;

      (2)   Not be hazardous or disturbing to existing or intended uses in the same general area and will be an improvement to property in the immediate vicinity and to the community as a whole;

      (3)   Be served adequately by essential public facilities and services, such as highways, streets, police, fire protection, drainage structures, refuse disposal, water and sewage facilities and/or schools;

      (4)   Not create excessive additional requirements at public cost for public facilities and services;

      (5)   Not involve uses, activities, processes, materials and equipment or conditions of operation that will be detrimental to any persons, property or the general welfare by reasons of excessive production of traffic, noise, smoke, fumes, glare or odors; and

      (6)   Be consistent with the intent and purpose of the zoning district in which it is proposed to locate the use.

   (B)   Conditions and safeguards. The Planning Commission may stipulate additional conditions and safeguards deemed necessary for the general welfare, for the protection of individual property rights and for ensuring that the intent and objectives of this chapter will be observed. The breach of any condition, safeguard or requirement shall automatically invalidate the permit granted.

   (C)   Specific requirements. The general standards and requirements of this section are basic to all uses authorized by special use permit. The specific and detailed requirements set forth in the following sections relate to particular uses and are requirements which must be met by those uses in addition to the foregoing general standards and requirements where applicable.

   (D)   Permitted uses. Uses permitted by special use permit shall be those listed by districts as noted in the respective zoning districts as herein regulated, controlled or defined.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006) Penalty, see § 155.999

   (A)   Authorization. In recognition of the many institutional types of non-residential functions that have been found compatible and reasonably harmonious with residential uses, certain institutional uses specified in this section may be authorized by the issuance of a special use permit. The permit shall not be issued unless all the procedures and applicable requirements stated herewith, together with the additional requirements of this section can be complied with.

   (B)   Uses. The following uses may be authorized in those districts as noted under the respective zoning districts, and provided the applicable conditions are complied with:

      (1)   Institutions for human care. Hospitals, day care, sanitariums, nursing or convalescent homes, assisted living homes, homes for the aged and philanthropic and charitable institutions. Camp or correctional institutions are prohibited;

      (2)   Religious institutions. Churches, synagogues or similar places of worship, convents, parsonages and parish houses, and other housing for clergy; and

      (3)   Educational and social institutions. Public and private elementary and secondary schools, and institutions for higher education, auditoriums and other places of assembly, and centers for social activities, including charitable and philanthropic activities. Camp or correctional institutions are prohibited.

   (C)   Site location principles. The following principles shall be utilized to evaluate the proposed location of any institutional use within a permitted district. These principles are alterable depending upon the specific conditions of each situation, but they shall be applied by the Planning Commission as general guidelines to help assess the impact of an institutional use upon the district in which the use is proposed to be located.

      (1)   Motor vehicle entrances should be made on a principal arterial or immediately accessible from a principal arterial as to avoid the impact of traffic generated by the institutional use upon a residential area.

      (2)   Site locations should be preferred that offer natural or human-made barriers that would lessen the effect of the intrusion of the institutional use into a residential area.

   (D)   Hospitals (for overnight stay).

      (1)   The proposed site shall be at least five acres in area.

      (2)   The proposed site shall have at least one property line abutting a principal or minor arterial.

      (3)   No more than 25% of the gross site shall be covered by structures.

   (E)   Religious institutions.

      (1)   The proposed site shall be at least one acre in size, plus one-half acre per 100 seats in the main auditorium.

      (2)   No building shall be closer than 40 feet to any property or street line.

      (3)   No more than 25% of the gross site area shall be covered by structures.

   (F)   Transfer stations and the like. For all other uses that may be permitted, except public utility transformer stations and substations, gas regulator stations and housing for religious personnel attached to a church or school function.

      (1)   No building shall be closer than 40 feet to any property or street line.

      (2)   No more than 25% of the gross site area shall be covered by structures.

      (3)   All buildings shall be of an appearance that shall be harmonious and unified as a group of buildings and shall blend appropriately with the surrounding area.

   (G)   For public utility transformer stations and substations, gas regulator stations.

      (1)   All buildings shall be harmonious in appearance with the surrounding residential area and shall be similar in design and appearance to any other buildings on the same site development.

      (2)   Where mechanical equipment is located in the open air, it shall be screened from the surrounding residential area by suitable plant material and it shall be fenced for safety. All buildings housing mechanical equipment shall be landscaped and maintained to harmonize with the surrounding area.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006; Ord. 09-02, passed 10-20-2009) Penalty, see § 155.999

   (A)   Authorization. In recognition of the basic open space and recreation character of golf courses and shooting or country clubs and compatibility within agricultural and residential areas, these uses may be permitted.

   (B)   Uses.

      (1)   Golf courses;

      (2)   Golf academies;

      (3)   Shooting clubs and shooting ranges;

      (4)   Country clubs; and

      (5)   Accessory uses for a permitted use shall be construed to include restaurant and other eating or drinking establishments and the retail sales directly connected with the conduct of the principal use.

   (C)   Site location principles. Site location should be allowed which enhances the natural environment and amenities for community life.

   (D)   Development requirements. The following standards shall be applicable as basic requirements for the use of land or for the erection, reconstruction or alteration of permitted structures.

      (1)   Minimum site shall be ten acres or more and access shall be so designated as to provide all ingress and egress directly onto or from a street.

      (2)   Lighting shall be shielded to reduce glare and shall be so arranged and maintained as to direct the light away from all residential lands which adjoin the site.

      (3)   Minimum yard and height standards require that no building shall be closer than 50 feet to any property or street line.

      (4)   Additional requirements for a golf academy.

         (a)   Whenever a golf academy abuts property within a residential or agricultural district, a transition strip at least 100 feet in width shall be provided between all operations and structures, including fences, and the residential or agricultural property. Grass, plant materials and structural screens of a type approved by the Planning Commission shall be placed within the transition strip.

         (b)   A minimum yard of 100 feet shall separate all uses, operations and structures permitted herein, including fences, from any public street or highway used for access or exit purposes. This yard shall be landscaped in accordance with plans approved by the Planning Commission.

         (c)   A golf academy is required to submit its hours of operation and photometric plans.

      (5)   Additional requirements for shooting clubs and shooting ranges.

         (a)   The parcel of land on which any shooting range is located shall be at least 1,320 feet in length in the direction in which any firearms are fired.

         (b)   The shooting range shall be laid out so that a hill, bank or berm is located in a manner as to prevent any bullets/gunshot from leaving the property.

         (c)   The shooting range shall not be located in an area where small children are likely to play due to the proximity of houses, schools, churches, parks or similar facilities. In no case shall a shooting range be located within one mile of a platted subdivision.

         (d)   No shooting range shall be used or operated earlier than 9:00 a.m. or later than one hour prior to sunset.

         (e)   All shooting ranges and shooting clubs shall comply with the basic safety standards published by the National Rifle Association.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006) Penalty, see § 155.999

   (A)   Authorization.

      (1)   Manufactured housing developments are herein recognized as fundamentally a multiple residential use and that allowing in a residential classification, subject to particular conditions and standards, will best promote the public health, safety, comfort, convenience, prosperity and the general welfare as set out in this chapter.

      (2)   The special features and demands of manufactured housing require full considerations of their site location, design and improvement; their demands upon public services and utilities; and their relationship to and effect upon adjacent land uses.

   (B)   Uses. A manufactured housing development may include any or all of the following uses; provided that, a plan of the proposed development is approved by the Mobile Home Commission of the state in accordance with Pub. Act 243 of 1959, being M.C.L.A. §§ 125.1035 et seq., as amended; and, provided further that, the development proposal meets the standards and conditions and all other provisions as herein established.

      (1)   Manufactured homes are designed for occupancy as a dwelling unit, and containing a minimum of 1,100 square feet of living area.

      (2)   Accessory buildings and services required for normal operation. The establishments or service facilities shall be designed and intended to serve frequent trade of needs of persons residing within the park and may be permitted; provided that, the uses:

         (a)   Shall not occupy more than 5% of the area of the park;

         (b)   Shall be subordinate to the residential character of the park; and

         (c)   Shall present no visible evidence of commercial character to any area outside of the park boundaries.

      (3)   Maintenance building for conducting the operation and maintenance of a mobile home park. Only one permanent building can be established, however, a caretaker's residence may be established within or in addition to the permanent building.

   (C)   Uses specifically prohibited. The sales, display or storage of manufactured homes for the uses within any portion that is expressly prohibited.

   (D)   Development requirements.

      (1)   The following minimum requirements, guidelines and standards shall be used in considering the issuance of a special use permit

      (2)   In addition to the provisions of this chapter, all parks shall comply with Pub. Act 243 of 1959, being M.C.L.A. §§ 125.1035 et seq., as amended, proof of which shall be established by presentation of a certified copy of construction permit issued by the state prior to final approval of special use permit.

      (3)   If any of the requirements of this section are less restrictive than the State Act (Pub. Act No. 243 of 1959, being M.C.L.A. §§ 125.1035 et seq., as amended), the state requirements shall prevail.

         (a)   Park site standards.

            1.   Manufactured homes intended for residential use must be located within a properly authorized manufactured home park.

            2.   Minimum site size for manufactured home park shall be 40 acres.

            3.   Minimum number. At least 60 spaces shall be completed and ready for occupancy along with related park improvements before first occupancy.

            4.   Minimum site location standards require each proposed site to have at least one property line not less than 200 feet in length abutting a principal or minor arterial or collector street. The arterial or collector street shall be paved and of sufficient design capacity as required by the County Road Commission to safely and effectively handle any increased traffic generated.

            5.   Minimum site access standards require a minimum of two site access points and all points of entrance or exit from the park are to be paved to a minimum width of 24 feet for a two-way or one-way. All street entrance or exit drives shall not be located closer than 350 feet from the intersection of any two arterial streets, and no street parking shall be allowed within 100 feet of intersection with the public street.

            6.   Minimum side yard dimensions require that no building upon the premises shall be located closer than 100 feet from any property line.

            7.   Maximum height for any building or structure shall not exceed two and one-half stories or 35 feet.

            8.   Minimum open space standards. At least 10% of the entire park must be preserved in open space. Open space does not include roads.

         (b)   Manufactured home space standards.

            1.   Minimum space shall be 5,000 square feet and the lot shall not be less than 50 feet in width. Park density shall not exceed six units per gross acre of park site. For each 5% increase in open space, an increase of one unit per gross acre of park site will be granted up to eight units per acre.

            2.   Minimum space yard dimensions for front yards and rear yards shall be ten feet and for the side yards shall be a minimum of ten feet from the nearest space line and the aggregate side yard dimensions shall not be less than 25 feet. The front yard is the yard which runs from the hitch end of the stand to the nearest space line. The rear yard is the opposite end of the stand and the side yards are at right angles to the ends. Yard area shall not be encroached upon by enclosed buildings or structures; except that, surfaced parking area or surfaced patio area may be provided in yard areas, but in all cases shall not be closer than five feet from a space side yard line.

            3.   Space improvement standards require that each stand consisting of a solid reinforced concrete slab at least four inches in depth. All off-street parking spaces provided on individual mobile home space or on the mobile home park site shall be clearly defined and hard surfaced with bituminous or concrete surfacing which shall be durable and well drained under normal use and weather conditions. An outdoor concrete surfaced patio area of not less than 200 square feet shall be provided at each mobile home site, conveniently located to the entrance of the mobile home.

            4.   Storage facilities shall be waterproof and will provide a maximum space of 500 cubic feet for each mobile home space.

         (c)   Utilities standards.

            1.   Sanitary sewer and water facilities to all manufactured homes shall be connected to public facilities.

            2.   Utility lines to each manufactured home park space shall be installed underground and specially designed for that purpose. When separate meters are installed, each meter shall be located in a uniform manner. When natural gas in unavailable, fuel oil or gas shall be furnished and distributed in a uniform manner in accord with an approved plan by the Planning Commission.

   (E)   Parking, streets and walkways. All driveways, streets, parking areas and walkways within the mobile home park shall be provided with surfacing of bituminous or concrete (see construction standards in §§ 155.080 through 155.089) which shall be durable and well drained, and adequately lighted with lighting units so spaced and of the capacity and height for safety and ease of movement of pedestrians and vehicles at night.

      (1)   Minimum parking standards are specified in §§ 155.080 through 155.089, and required parking shall be off-street parking and shall be so located as to be convenient to residents and visitors.

      (2)   (a)   Park street standards provide that each mobile home space shall have access to a street which shall meet the following specifications where appropriate to its character:

 

 

         (b)   All on-street parking shall be parallel and so arranged as not to impair the free movement of traffic or the safety of residents or visitors.

      (3)   Curb and gutter shall be provided for on all streets and all street construction shall be in accordance with specifications as required by the County Road Commission.

      (4)   Walkway standards provide that walks be provided from mobile homes to service buildings and mobile home facilities shall be at least four feet in width and walks used in common by one to three mobile homes shall be at least 30 inches in width.

      (5)   The developer shall submit a park lighting scheme previously approved by the utility company supplying power.

   (F)   Buffers, landscaping and recreation.

      (1)   Greenbelt buffer of 30 feet in width shall be located within the 50 feet yard area as established herein. This greenbelt shall be established and continually maintained and shall consist of trees and shrubs, or grassed berm, to protect privacy for the mobile home residents and to shield the mobile homes from surrounding areas. The greenbelt shall contain at least one row, either straight or staggered, of deciduous and/or evergreen trees spaced not more than 40 feet apart and at least three rows of deciduous and/or evergreen shrubs, spaced not more than eight feet apart. In the case of a berm, the berm shall be a minimum of five feet in vertical height.

      (2)   Recreation space standards provide that common recreation space of not less than 20% of the gross park area shall be developed and maintained by the park owner. This area shall not be less than 100 feet in its smallest dimensions and its boundary no further than 500 feet from any mobile home space within its service area. Yard requirements as set out in this chapter are not to be defined as recreational areas in obtaining the minimum area of 20% as set forth herein.

   (G)   Public health and safety.

      (1)   Storage, collection and disposal of refuse and garbage shall be so conducted as not to create health hazards, rodent harborage, insect breeding area, fire hazards or pollution of air or water bodies. All refuse and garbage shall be collected at least once weekly through a suitable public or private agency, if available. The park owner shall provide this service. Garbage containers shall be located in a uniform manner at each space and so designed to be of a permanent character or located out of general view. Dumpsters are expressly prohibited.

      (2)   Suitable fire hydrants shall be installed in all parks as required by the Fire Chief.

      (3)   To aid protection of the public safety, an orderly street name system and numbering system shall be established by the mobile home park owner and a plan of this system shall be verified by the local Post Office Department and filed with the community Fire and Police Department. Mobile home space numbers shall be located uniformly on each space throughout the mobile home park and street names shall be adequately marked.

      (4)   Installation of manufactured homes upon each site shall be accomplished in accordance with Part 6 of the Manufactured Housing Commission rules. All manufactured housing shall be connected to utilities and shall be skirted and anchored in accordance with Part 6 of the Manufactured Housing Commission rules.

   (H)   Miscellaneous provisions.

      (1)   Resident supervision and maintenance. The park shall be operated in compliance with the provisions of this chapter and the manufactured home park owner(s) shall provide a designated individual, in residence, to adequately supervise and maintain the park, its facilities and its equipment in good repair and in a clean and sanitary condition.

      (2)   Performance bond. Upon granting a special use permit, a bond executed by any surety company authorized to do business in the state may be required to be delivered to the Township Board by the applicant for the faithful performance of the provisions of this chapter and conditions of the special use permit. The bond shall be in an amount to be determined by the Township Board and shall be conditioned upon the completion of all acts relative to the construction, alteration or extension of any mobile home park within a period of time to be determined as a condition of the special use permit.

      (3)   Inspection. Inspection of manufactured home parks is authorized and the Building Inspector is directed to make at least yearly inspections of the premise to ensure conformance with these ordinance provisions and all other applicable codes and regulations. The Chief of the local Fire Department or his or her designated representative is directed to make at least yearly inspections of the premises to ensure adequate provisions for fire protection are being observed in the interest of the public safety.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006) Penalty, see § 155.999

   It is the purpose of this section to encourage more imaginative and livable housing environments within the residential districts, as noted, through a planned reduction, or averaging, of the individual lot area requirements for each zone district; providing, the overall density requirements for each district remains the same. The averaging or reduction of lot area requirements shall only be permitted when a land owner, or group of owners acting jointly, can plan and develop a tract of land as one complex land use unit, rather than an aggregation of individual buildings located on separate, unrelated lots. Under these conditions, a special use permit may be issued for the construction and occupancy of a planned residential unit development providing the standards, procedures and requirements set forth in this section can be complied with.

   (A)   Objectives.

      (1)   To provide a more desirable living environment by preserving the natural character of open fields, stands of trees, brooks, ponds, flood plains, hills and similar natural assets;

      (2)   To encourage the preservation of open space and the development of recreational facilities in a generally central location and within reasonable distance of all living units;

      (3)   To encourage developers to use a more creative and imaginative approach in the development of residential areas;

      (4)   To provide for more efficient and aesthetic use of open areas by allowing the developer to reduce development costs through the bypassing of natural obstacles in the residential site; and

      (5)   To encourage variety in the physical development pattern of the community by providing a variety and mixture of housing types.

      (1)   All planned residential unit developments shall be under the control of the one owner or group of owners and shall be capable of being planned and developed as one integral unit.

      (2)   Public water and sewer facilities, if not existing at time of development, shall be provided as part of the site development.

      (3)   The development shall be a minimum of six acres.

      (4)   The proposed planned unit residential development shall meet all of the general standards outlined herein.

      (1)   Conservation-Greenbelt: single-family detached residential development;

      (2)   A-1: single-family detached residential development;

      (3)   R-1A: single-family detached residential development;

      (4)   R-1: single-family detached residential development;

      (5)   R-2: single-family detached and two-family dwellings;

      (6)   R-3: single-family detached, single-family in the townhouse style, and two-family dwellings; and

      (7)   Recreation and open space, (in any R district); provided that, only the following land uses may be set aside as common land for open space or recreational use under the provisions of the section. Historic building sites, or historical sites, parks and parkway areas, ornamental parks, extensive areas with tree cover, low lands along streams or areas of rough terrain when the areas have natural features worthy of scenic preservation.

      (1)   The acreage of the site, computed from the legal description of the parcel being developed shall be used for all calculations related to density and open space. The gross acreage shall be used. No factors for rights-of-way or easements will be considered. The perimeter setbacks and building heights shall meet the requirements of the zoning district in which the parcel is located.

      (2)   Minimum size of the development shall be six acres.

      (1)   There shall be a minimum of 10% open space. There is no maximum amount of open space that may be set aside as open space.

      (2)   All open space, tree cover, recreational area, scenic vista or other authorized open land areas shall be either:

         (a)   Set aside as common land for the sole benefit, use and enjoyment of present and future lot or home owners within the development. Open space land shall be owned by the land owner or owners or a home owners association or other similar non-profit organization so that the fee simple title shall be vested in tract lot owners as tenants in common; provided that, suitable arrangements have been made for the maintenance of the land and any buildings thereon; and, provided further that, a copy of the open space easement for the land be conveyed to the legislative body to assure that open space land remain open;

         (b)   Dedicated to the general public as parkland for the use of the general public. Open space land shall be dedicated to the general public for parks or recreational purposes by the tract owner or owners; provided that, the location and extent of the land conforms to the development plan; and, provided further that, access to and the characteristics of the land is such that it will be readily available to and desirable for public use, development and maintenance;

         (c)   The Planning Commission shall determine whether (F)(2)(b) or (F)(2)(c) is most appropriate. In the case where the land is to be dedicated as a public park, such as division (F)(2)(b) above, the Planning Commission shall forward to the legislative body the park proposal and plan for approval; and

         (d)   It is the intent of this section that the owners or developers of the planned unit residential development shall not be compelled or required to improve the natural condition of the open space lands.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006; Ord. 09-02, passed 10-20-2009; Ord. 16-05, passed 5-16-2016) Penalty, see § 155.999

   It is the purpose of this section to arrange sound neighborhood shopping facilities within developing areas, without the necessity of indicating specific sites in advance. Planned neighborhood shopping centers may be allowed within R-2 and R-3 districts upon issuance of a special use permit where all the provisions of this section are met. Planned shopping centers are also permitted within residential planned unit developments.

   (A)   Objectives. The following objectives shall be considered in reviewing any application for a special use permit for a planned neighborhood shopping center:

      (1)   To promote a more complete urban design which includes necessary neighborhood services conveniently located and attractively designed; and

      (2)   To encourage developers to use creative and imaginative approaches in the development of neighborhoods.

   (B)   Planning Commission review and hearing. Notices shall be given in accordance with § 155.385. All special land uses require a hearing, therefore a separate hearing is not required for a planned neighborhood shopping center.

   (C)   Qualifying conditions. To qualify for consideration as a planned neighborhood shopping center, the following considerations shall be met:

      (1)   The proposed center is designed and will be developed with a unified architectural treatment;

      (2)   The center shall contain at least five individual uses; and

      (3)   To be eligible for consideration as part of a residential planned unit development, the planned unit residential development must be a minimum of 50 dwelling units.

   (D)   Uses that may be permitted. The following uses of land and structures may be permitted within a planned neighborhood shopping center:

      (1)   Retail food establishments, as permitted in B-2 districts;

      (2)   Other retail businesses, as permitted in B-2 districts;

      (3)   Personal service establishments, as permitted in B-1 districts;

      (4)   Offices for professional services, as permitted by B-1 districts;

      (5)   Professional and administrative offices, as permitted in B-1 districts;

      (6)   Restaurants and other eating or drinking establishments which provide food or drink for consumption on the premises; provided that, the establishments shall not be so-called "drive-in" facilities; and

      (7)   Temporary outdoor uses may be permitted on a temporary basis without a public hearing by the Planning Commission; provided that, the permit shall not be issued for more than 30 days in any one year and that the use can be adequately shown not to be injurious or detrimental to properties in the immediate vicinity.

   (E)   Development requirements. In addition to qualifying conditions listed above, the following requirements shall be met.

      (1)   Minimum yard requirements.

         (a)   Each lot shall have a minimum front yard of 15 feet and the yard, except for necessary drives or walks, shall remain clear and shall not be used for parking, loading or accessory structures.

         (b)   Side yards shall be of not less than 30 feet and further in the case of a corner lot the side yard on the street side shall be a minimum of 25 feet.

         (c)   Each lot shall have a rear yard of 30 feet.

         (d)   Side yards abutting any residentially zoned property shall be adequately screened.

      (2)   Maximum building height. The maximum building height shall be three stories or 40 feet.

      (3)   Maximum lot coverage. The maximum coverage of land by all buildings shall not exceed 80%.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006; Ord. 09-02, passed 10-20-2009) Penalty, see § 155.999

   It is the purpose of this section to promote more imaginative and flexible developments of various uses that will encourage open space preservation, open space amenities, landscaping and are pedestrian-friendly.

      (1)   To encourage economic development by offering developers greater flexibility in the design and location of uses;

      (2)   To encourage the provision of common open space in the development of planned unit development properties;

      (3)   To encourage developers in the use of a more creative and imaginative approach to development; and

      (4)   To encourage user-friendly and pedestrian-friendly developments.

      (1)   In applying for a special use permit as a planned unit development, applicants should keep in mind that the approval of the development, in terms of layout, design, uses and all other related site improvements runs with the property itself and not the property owner. This means that any transfer of property will require the new owner(s) to meet the provisions of the development as approved by the township. Modifications or transfer must follow the requirements as set forth in this section.

      (2)   To qualify for consideration as a planned unit development, the following conditions shall be met.

         (a)   The proposed development shall be designed within a unified architectural treatment as provided for in division (F) below.

         (b)   Minimum lot size shall be three acres and shall contain at least three individual uses.

         (c)   The lot shall front at least one street classified as an arterial or principal collector and be provided with adequate ingress and egress, including provision of service land running the length of the property abutting the arterial or collector.

         (d)   The lot or lots shall be zoned B-l, B-2, B-3 or a combination of these three districts. When located upon a principal arterial road or along a state highway, the lot or lots may be a combination of A-l and one or more of the following: B-l, B-2 and B-3. A planned unit development is not permitted in an area only zoned for agriculture or in areas shown in the township's adopted future land use plan as agriculture only.

         (e)   Public water and sewer facilities shall be available or shall be provided as part of the site development.

      (1)   The common open space created under the provisions of this section shall be no less than 10% of the total lot area. The open space may include, but not limited to, the following:

         (a)   A public plaza;

         (b)   A park;

         (c)   A public plaza or a park created in combination with the storm water retention basin;

         (d)   Area devoted exclusively to designated pedestrian walkways within the development (not including sidewalk or parking lot walkways) may be counted as part of the open space; and

         (e)   Landscaped areas beyond what is required under the prevailing zoning district requirements may be counted as open space.

      (2)   For each square foot of common open space created, an equal amount may be added to the bulk requirements of the prevailing zoning district.

      (3)   Suggested setbacks shall be 40 feet as front yard, 20 feet as side yards and 30 feet as rear yard.

      (4)   Maximum building height shall be three stories or 40 feet.

      (5)   The Planning Commission in its review of the site plan shall determine the lot width, building setbacks, building heights and densities. In determining the appropriate requirements, the Planning Commission shall take into account:

         (a)   The nature of existing and future land uses adjacent to and near the site;

         (b)   The number, type and size of buildings proposed for the site;

         (c)   Location of natural and cultural features on the site;

         (d)   Topography of the site;

         (e)   Provision of public utilities to the site;

         (f)   Requirements for adequate fire, police and emergency vehicle access; and

         (g)   The objectives of this section.

      (6)   Planned unit developments with attached housing, including two-family dwellings, townhome development, and multiple-family dwellings, shall be developed in accordance with § 155.028, Attached Housing Residential Development Standards. Planned unit developments including a building or buildings with residential dwellings on a floor or floors above a commercial or office use shall be exempt from the § 155.028 standards.

      (1)   A unified architectural and site design theme should be incorporated into each development.

      (2)   The appearance of a "sea of asphalt" parking lot in the front of the development shall be avoided. Both perimeter and interior parking lot trees shall be provided for shade and visual relief while maintaining view corridors to the storefront areas.

      (3)   A portion of the total building area should be located at the street perimeter with substantial landscaping that reinforces and strengthens the streetscape and helps screen off-street parking area.

      (4)   Landscaping trees shall be allowed to achieve their natural form. Pruning to reduce the natural diameter of the trees shall not occur.

      (5)   Truck delivery and circulation routes should be separated from customer circulation throughout the site. Delivery and service activities should be accessed from the least traveled route adjacent to the site.

      (6)   All roof top mechanical equipment, antennas and the like shall be screened from view. Roof top lighting is strongly discouraged.

      (7)   Textured or colored paving materials are encouraged to identify pedestrian circulation areas, especially within the parking lot.

      (8)   Shopping cart storage areas shall be incorporated into the building design to provide a visual screen of carts from the parking area.

      (9)   Outdoor gathering areas and public eating areas are encouraged.

      (10)   All commercial signs shall be designed as an integral part of the development and shall be harmonious with other aspects of the development.

      (1)   Prior to a transfer of ownership or a change in use, the property owner(s) of the development must contact the township in writing to declare their intent and initiate an administrative review process.

      (2)   Administrative review process shall include, but not be limited, to the following.

         (a)   During and after the establishment of the planned unit development, the owner(s) or proponents of the development shall strictly adhere to conditions, schedules and development requirements recommended by the Planning Commission. The owner(s) or proponents must submit any proposed modifications to the approved plan that specifically affects established densities, uses, an increase or reduction in size and scope of the project, modifications affecting publicly dedicated open spaces, rights-of-way or easements, and alterations to the approved overall plan, including architectural design changes.

         (b)   Any of these modifications shall require submission of a site plan application to the township describing the proposed changes. All proposed changes shall follow the same process as the original site plan review and approval process.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006; Ord. 08-03, passed 9-16-2008; Ord. 16-05, passed 5-16-2016) Penalty, see § 155.999

   (A)   Authorization. In order to facilitate the care of school children, this section provides for the inclusion of nursery schools and child care centers within districts R-1A, R-2 and R-3 and in religious institutions within any zone district. This use may be authorized by the issuance of a special use permit or as otherwise cited when all of the procedures and applicable requirements stated and the additional requirements of this section can be complied with.

   (B)   Uses that may be permitted. Nursery schools, day nurseries and child care centers (not including dormitories) may be authorized; provided that, there shall not be more than one dwelling unit used for residential purposes on the site.

   (C)   Development requirements. The following requirements for site development together with any other applicable requirements of this chapter shall be complied with:

      (1)   Minimum site size. Eleven thousand fifty square feet with 85-foot lot width at front building lines. There shall also be provided for each child in attendance 200 square feet of lot area in addition to the base figure of 11,050 square feet; and

      (2)   Play area. There shall be provided on the site additional useable outdoor play area at the rate of 50 square feet for each child not a member of the family, exclusive of required front yard, required side yard along a street and of driveways and parking areas. The play area shall be fenced for safety and shall be screened from any adjoining land by suitable plant material.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006) Penalty, see § 155.999

   (A)   Authorization. Because funeral homes and mortuaries perform special and necessary services to urban populations, and in recognition of the unique locational and site development characteristics of these functions, the uses of land may be authorized by special use permit within designated districts.

   (B)   Uses that may be permitted. Funeral homes, undertaking parlors and mortuaries; provided that, the conduct of all aspects of activities related to the uses shall take place within the principal building and not in an accessory building. A caretaker's residence may be provided within the principal building.

   (C)   Development requirements. The following requirements for site development, together with any other applicable requirements of this chapter shall be complied with: front, side and rear yards shall be at least 40 feet, except on those sides adjacent to non-residential districts wherein it shall be 20 feet. All yards shall be appropriately landscaped in trees, shrubs and grass. No structures or parking areas shall be permitted in the yards; except that, rear yards may be used for parking purposes under the requirements specified, and except for required entrance drives and those walls and/or fences used to obscure the use from abutting residential districts.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006) Penalty, see § 155.999

   (A)   Intent. It is the intent of this section to promote the health, safety and general welfare of the residents of the township; to provide standards for the safe provision of utility distribution facilities consistent with applicable federal and state regulations; to minimize the total number of utility distribution facilities in the community by encouraging shared use of the facilities and to minimize adverse visual, sound and odor effects from utility distribution facilities by requiring careful sitting, visual impact assessment and appropriate landscaping thereby protecting the natural features and aesthetic character of the township.

   (B)   Uses that may be permitted.

      (1)   Public utilities and service installations, except those approved prior to the effective date of this section, may not continue to be used unless in conformity with these regulations. No utility distribution facility shall hereafter be erected, moved, reconstructed, changed or altered unless in conformity with these regulations. No existing structure shall be modified to serve as a utility distribution facility unless in conformity with these regulations.

      (2)   These regulations shall apply to all property within the following districts: A-1, R-1A, B-2, B-3, M-1 and M-2 districts. Utility distribution facilities shall be specifically excluded from all other districts.

   (C)   Site plan review. In addition to the requirements of §§ 155.330 through 155.335, the following materials must be submitted.

      (1)   The submitted site plan shall show all existing and proposed structures including lighting and improvements including roads, buildings, tower(s), guy wires and anchors, antennae, parking and landscaping, and shall include grading plans for new facilities and roads.

      (2)   The plan shall ensure that the utility distribution facilities shall be in a completely enclosed structure which conforms in character and appearance to other buildings, located within 1,500 feet of the proposed structure.

      (3)   The facility plan shall show that the facility shall be located at least 500 feet from any property boundary line and at least 750 feet from any current structure.

      (4)   The facility plan shall show that it does not involve business offices, storage areas or structures requiring trucking or other truck movements.

      (5)   The applicant shall submit documentation on the proposed intent and capacity of use as well as a justification for the height of any utility distribution facilities and justification for any clearing required.

   (D)   Lot size and setbacks. All proposed utility distribution facilities accessory structures shall be located on a single parcel and shall be setback from abutting parcels and street lines a distance sufficient to substantially preserve the privacy of any adjoining residential properties.

      (1)   Lot size of parcels containing a utility distribution facilities shall be determined by the amount of land required to meet the setback requirements. If the land is to be leased, the entire area required shall be leased from a single parcel unless the Planning Commission determines that this provision may be waived.

      (2)   Utility distribution facilities shall be located with a minimum setback from any property line equal to at least 500 feet and 750 feet from any existing structure. Accessory buildings shall comply with minimum setback requirements in the underlying zoning district.

   (E)   Visual/noise/odor impact assessment. The Planning Commission may require the applicant to undertake visual and noise impact assessments which may include:

      (1)   A zone of visibility map and/or zone of noise penetration and/or zone of odor penetration map shall be provided in order to determine where the facility may be seen and what noise or odor will be emanating from;

      (2)   Pictorial representations of before and after view from any key viewpoints both inside and outside of the township including, but not limited to, state highways and other major roads, other public lands or sites normally open to the public, and from any other location where the site is visible to a large number of visitors or travelers. If this is a requirement, the Township Zoning Administrator shall determine the key sites at a presubmission conference with the applicant;

      (3)   Assessment of the alternative designs and color schemes, as described in division (F) below;

      (4)   Engineering studies showing likely noise impacts upon properties within a 2,000-foot radius of the facility as well as alternate designs to reduce or eliminate the transmission of noise to areas outside the walls of the utility distribution facilities; and

      (5)   Studies to show that no odor will emanate from the facility.

   (F)   Facility design. Alternate designs shall be considered for new facilities, including underground. The design of a proposed new utility distribution facility shall comply with the following.

      (1)   Unless specifically required by other regulations, a utility distribution facility shall have a finish that minimizes its degree of visual impact.

      (2)   The maximum height of any new utility distribution facility shall not exceed that which shall permit operation without artificial lighting of any kind or nature, except as required by state and/or federal law and/or regulation. The Planning Commission, at its discretion, may modify this requirement if the applicant can justify the need to exceed this height limitation.

      (3)   No lighting shall be permitted unless required by the state or federal law. If facility lighting is necessary, the applicant shall fully disclose to the Planning Commission all lighting options. Only the minimal amount of lighting necessary to meet state and/or federal laws and/or regulations shall be authorized. Light pollution or light spillover to the nearby and distant properties shall be minimized to the greatest degree possible by use of shielding. The Planning Commission shall upon review approve only the lighting scheme that it determines to be least obtrusive to the affective properties.

      (4)   Accessory building shall maximize the use of building materials, colors and textures designed to blend with the natural surroundings.

      (5)   A sign shall be conspicuously placed near the base of a utility distribution facility and it shall generally state that danger exists and that no access is permitted. No portion of any utility distribution facility or accessory building shall be used for a sign other than as stated or for any other advertising purpose, including, but not limited to, company name, phone numbers banners and streamers.

      (6)   No noise shall be permitted to extend beyond the premises, except at a level of no more than 45 db(A) for more than 30 minutes in a 24-hour period. The applicant shall fully disclose to the Planning Commission all noise options. Only the minimal amount of noise necessary shall be authorized. Noise pollution to nearby and distant properties shall be minimized to the greatest degree possible by use of shielding, burying or noise making devices, insulation, buildings and the use of technology. The Planning Commission shall upon review approve only the noise levels and scheme that it determines to be least obtrusive to the affected properties.

      (7)   No odor shall be permitted to extend beyond the premises. The applicant shall fully disclose to the Planning Commission all potential odor problems. Odor pollution to the nearby and distant properties shall be prohibited by the use of appropriate devices. The Commission shall, upon review, approve only the odor levels and schemes that it determines to be least likely to allow odors to extend to adjacent or distant properties.

   (G)   Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible. No cutting of trees exceeding four inches in diameter (measured at a height four feet off the ground) shall take place prior to the approval of the special permit.

   (H)   Screening. Facades may be required to be built and deciduous or evergreen trees planting may be required to screen portions of the facility and accessory buildings from nearby residential property as well as from public sites known to include important views or vistas. Where a site abuts a residential property or public property, including streets, facades and screening shall be required where the facility is located aboveground.

   (I)   Access. Adequate emergency and service access shall be provided. Maximum use of existing roads, public or private, shall be made. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.

   (J)   Parking. Parking shall be provided to assure adequate emergency and service access. The Township Zoning Administrator shall determine the number of required spaces based upon a recommendation from the applicant. Two parking spaces shall be located in any required yard.

   (K)   Fencing. The facility shall be adequately enclosed by a fence, the design of which shall be approved by the Planning Commission. This requirement may be waived by the Planning Commission if the applicant demonstrates that the measures are unnecessary to ensure the security of the facility.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006) Penalty, see § 155.999

   (A)   Intent. It is the intent of this section to exercise a measure of control over service stations and permitted buildings, and their sites, and to establish a basic set of standards within which individual solutions may be developed to meet the retail service needs of motor vehicles. The objectives of the regulations set forth in this section are to:

      (1)   Promote the type of development which will be compatible with the other land use activities located in areas where service stations will be constructed;

      (2)   Control those aspects of service station design, site layout and operation which may, unless regulated, be damaging to surrounding uses of land; and

      (3)   Minimize the traffic congestion and safety hazards which can be in service station activity.

   (B)   Uses that may be permitted. Gasoline service stations; provided, the accessory uses and services are conducted wholly within a completely enclosed building. Body repair, engine overhauling, steam cleaning or other mechanical or physical modifications to motor vehicles is specifically prohibited.

   (C)   Site development requirements. The following requirements for site development, together with any other applicable requirements of this chapter shall be complied with:

      (1)   Minimum site size. Fifteen thousand square feet with a minimum width of 150 feet.

      (2)   Site location. The proposed site shall have at least one property line on a principal or minor arterial.

      (3)   Building setback.

         (a)   The service station building, or permitted buildings shall be setback 50 feet from all street right-of-way lines and shall not be located closer than 50 feet to any property line in a residential district unless, separated there from by a street or alley.

         (b)   No installations, except walls or fencing and permitted signs, lighting and essential services, may be constructed closer than 20 feet to the line of any street right-of-way.

         (c)   Hydraulic hoists, pits and all lubrication, greasing, automobile washing and repair equipment shall be entirely enclosed within a building.

      (4)   Access drives.

         (a)   No more than one driveway approach shall be permitted directly from any principal or minor arterial, nor more than one driveway approach from any other street, each of which shall not exceed 35 feet in width at the property line.

         (b)   If the service station or permitted building site fronts on two or more streets, the driveways shall be located as far from the street intersection as practicable.

         (c)   No driveway or curb cut for a driveway shall be located within ten feet of an adjoining property line and shall be no less than 25 feet from any adjacent lot within an R district as extended to a curb or pavement.

      (5)   Curbing and paving. A raised curb at least six inches in height shall be erected along all of the street property lines, except at driveway approaches. The entire service area shall be paved with a permanent surface of concrete or asphalt.

      (6)   Fencing. A solid fence or wall six feet in height shall be erected along all property lines abutting any lot within a residential district.

      (7)   Lighting. Exterior lighting shall be so arranged so that it is deflected away from adjacent residential districts and adjacent streets.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006) Penalty, see § 155.999

   (A)   General. Changing technology in the field of communications has resulted in a reliance upon more versatile convenient forms of communication. Businesses, individuals and government have all developed a strong dependence upon the ability to quickly contact others. The use of radios and cellular phones have proven themselves over and over again in emergency situations.

   (B)   Qualifying conditions.

      (1)   Requirements. The following site and developmental requirements shall apply.

         (a)   Communication towers shall be restricted to self-supporting structures. The use of guy wires is prohibited.

         (b)   The base of the tower and accessory structures shall be enclosed with a minimum six-foot high fence.

      (2)   Special performance standards:

         (a)   The tower must be setback from all property lines a distance equal to its height, unless engineering plans and specifications have been verified by a report from a structural engineer registered in the state showing the tower antenna capacity by type and number, and a certification that the tower is designed to withstand winds in accordance with ANSI/EIA/TIA 222 (latest revision) standards, which tower shall be a self-supporting lattice tower or a self-supporting monopole. The applicant shall incur all costs associated with the review of a report.

         (b)   Towers shall be setback from property lines a minimum distance equal to its height when erected on a parcel that abuts other A-1 or residentially zoned or used parcels. This requirement is independent hereof.

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

         (d)   Accessory structures shall be designed to be aesthetically compatible with the adjoining properties. This may include the construction of a brick facade and a pitched roof.

         (e)   Accessory structures shall not exceed 400 square feet of gross building area per structure.

         (f)   All bufferyard requirements within this chapter shall be met.

         (g)   All towers shall be equipped with an anti-climbing device to prevent unauthorized access.

         (h)   The plans of the tower construction shall be certified by a state registered structural engineer.

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

         (j)   All towers must meet the standards of the Federal Aviation Administration, the Federal Communications Commission and the Tri-City Area Joint Aviation Committee.

         (k)   Communication towers in excess of 175 feet in height above grade level shall be prohibited within two miles of a public airport property boundary or one-half-mile radius of a helipad.

         (l)   Metal towers shall be constructed of, or treated with, corrosive-resistant material and shall be painted white or off-white. Applicant shall submit a maintenance program acceptable to the township. The antenna shall be painted to match the exterior treatment of the tower.

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

         (n)   Towers with antenna shall be designed to withstand a uniform wind loading as prescribed in the current Township Building Code.

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

         (p)   Towers shall be located so that they do not interfere with reception in nearby residential areas.

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

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

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

         (t)   Minimum spacing between tower locations shall not be less than one and one-half mile radius to prevent a concentration of towers in one area. This shall include a distance of neighboring township towers.

         (u)   Height of the tower shall not exceed 175 feet from grade within all applicable districts.

         (v)   Towers shall not be artificially lit unless required by the Federal Aviation Administration.

         (w)   Existing on-site vegetation shall be preserved to the maximum extent practical.

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

         (y)   The antenna shall be painted to match the exterior treatment of the tower.

         (z)   All parking and drive areas must be paved as provided in this chapter.

         (aa)   The developer shall plant two alternating rows of evergreen trees with a minimum height of five feet on 20-foot centers along the entire perimeter of the tower and related structures. In no case shall the evergreens be any closer than ten feet to any structure.

         (bb)   The tower and site compound shall be removed by the property owner or lessee within six months of being abandoned. The township will require an irrevocable $10,000 performance bond to ensure its removal.

         (cc)   A conceptual plan must be submitted by the applicant which indicates the contemplated are less within the township that the communication provider may construct other towers.

         (dd)   Towers shall be designed to provide for co-location. If the applicant demonstrates that he, she or they cannot co-locate on an existing tower, the applicant must provide documentation satisfactory to the township that co-location is not possible.

         (ee)   Subject to the conditions in this section the township may permit the location of personal wireless communication facilities on any township owned and occupied land.

         (ff)   The applicant shall submit a copy of a valid FCC license for the proposed activity or proof that the applicant or carrier is the successful bidder for an FCC license at auction and that the final issuance of the FCC license purchased at auction is pending.

         (gg)   This chapter and section shall apply to land owned by Saginaw Valley State University.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006)

   (A)   Special uses that may be permitted.

      (1)   Incinerators and sanitary landfills;

      (2)   Junk yards;

      (3)   Sewage treatment and disposal installations as an integral design of a park as permitted within a zone district, and designed only for service to that mobile home park development. Sewage treatment and disposal installation may also be allowed when designed only for and as part of a planned unit development as permitted within a residential zone district;

      (4)   Drive-in theaters, race tracks, golf driving ranges and miniature golf courses or similar uses;

      (5)   Special open space uses, such as private resorts, recreational camps and other open space uses operated for profit or public purposes by a municipality or other local unit of government;

      (6)   Facilities/institutions for the developmentally disabled and physically handicapped, drug or alcoholic patients and camps or correctional institutions;

      (7)   Quarries or sand/gravel pits;

      (8)   Airports and commercial landing strips;

      (9)   Wireless communication facilities;

      (10)   Kennels; and

      (11)   Crematoriums.

   (B)   Incinerators and sanitary landfills.

      (1)   All uses shall be enclosed by a fence six feet or more in height for the entire periphery of the property. Fences shall be adequate to prevent trespassing and contain debris.

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

      (3)   The Planning Commission may establish routes for truck movement in and out of the development in order to minimize the wear on streets, to minimize traffic hazards and to prevent encroachment of traffic, or the byproducts of traffic (such as dust and noise) upon adjacent properties.

      (4)   All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property, an individual or to the community in general.

   (C)   Junk yards.

      (1)   The site shall be a minimum of 20 acres in size;

      (2)   A solid fence or wall at least eight feet in height shall be provided around the entire periphery of the site to screen the site from surrounding property. The fence or wall shall be of sound construction, painted and otherwise finished neatly and inconspicuously;

      (3)   All activities shall be confined within the fenced-in area. There shall be no stocking of material above the height of the fence or wall; except that, movable equipment used on the site may exceed the wall or fence height. No equipment, material, signs or lighting shall be used or stored outside the fenced-in area;

      (4)   All fenced-in areas shall be set back at least 100 feet from any front street or property line. The front yard setback shall be planted with trees, grass and shrubs to minimize the appearance of the installation;

      (5)   No open burning shall be permitted and all industrial processes involving the use of equipment for cutting, compressing or packaging shall be conducted within a completely enclosed building;

      (6)   Whenever the installation abuts upon property within a residential or agricultural district, a transition strip at least 100 feet in width shall be provided between the fenced-in areas and the property within a residential or agricultural district. The strip shall contain plant materials, grass and structural screens of a type approved by the Planning Commission to effectively minimize the appearance of the installation and to help confine odors therein;

      (7)   Any other reasonable provisions necessary to meet the intent of this chapter;

      (8)   Sewage treatment and disposal installations;

      (9)   All operations shall be completely enclosed by a wire link fence not less than six feet high; and

      (10)   All operations and structures shall be surrounded on all sides by a transition strip at least 200 feet in width within which grass, plant materials and structural screens shall be placed to minimize the appearance and odors of the installations. The Planning Commission shall approve all treatment of transition strips.

   (D)   Drive-in theaters, race tracks, golf driving ranges and miniature golf courses or similar uses.

      (1)   All sites shall be located on a principal arterial roads.

      (2)   Whenever any use that may be permitted in this section abuts property within a residential or agricultural district, a transition strip at least 100 feet in width shall be provided between all operations and structures, including fences, and the residential or agricultural property. Grass, plant materials and structural screens of a type approved by the Planning Commission shall be placed within the transition strip.

      (3)   A minimum yard of 100 feet shall separate all uses, operations and structures permitted herein, including fences, from any street or highway used for access or exit purposes. This yard shall be landscaped in accordance with plans approved by the Planning Commission

      (4)   Race tracks and drive-in theaters shall be enclosed for the entire used site for their full periphery with a solid screen fence at least eight feet in height. Fences shall be of sound construction, painted or otherwise finished, attractively and in harmony with the surrounding environment.

      (5)   Drive-in theater ticket gates shall be provided in accordance with the following ratios: one ticket gate for 300-car capacity theaters; two ticket gates for 600 car capacity theaters; three ticket gates for 800-car capacity theaters; four ticket gates for 1,000 car capacity theaters. Vehicle standing space shall be provided between the ticket gates and the street or highway right-of-way line equal to at least 30% of the vehicular capacity of the theater.

      (6)   Drive-in theater picture screens shall not be permitted to face any street and shall be so located as to be out of view from any major thoroughfare. The picture screen tower shall not exceed 65 feet in length and 40 feet in height.

   (E)   Special open space uses.

      (1)   The proposed site shall be at least two acres in area.

      (2)   The proposed site shall have at least one property line abutting a major thoroughfare or principal collector. All ingress and egress to the site shall be directly from the thoroughfare or collector street.

      (3)   All buildings and structures shall be setback at least 200 feet from any property or street lines. Whenever the installation abuts upon property within a residential district, this 200-foot setback shall be landscaped with trees, grass and structural screens of a type approved by the Planning Commission to effectively screen the installation from surrounding residential properties.

      (4)   No more than 25% of the gross site shall be covered by buildings.

      (5)   Accessory uses for a permitted use shall be construed to include restaurant and other eating or drinking establishments and they retain sales directly connected with the principal open space use.

   (F)   Facilities/institutions for the developmentally disabled and physically handicapped, drug or alcoholic patients and camps or correctional institutions.

      (1)   The proposed site shall be at least five acres in area.

      (2)   All two-story structures shall be at least 100 feet from boundary lines or street lines. Buildings less than two stories shall be no closer than 50 feet to any property or street line. No more than 25% of the gross site shall be covered by buildings.

   (G)   Sand, clay or gravel pits; quarries.

   (H)   Airports and commercial landing strips.

      (1)   The proposed site shall be at least 2,640 feet by 500 feet.

      (2)   Any runway shall have a minimum length of 1,500 feet with a 500-foot clearance at each of the runway's ends.

      (3)   Buildings, height limits, lighting, parking and uses and activities shall be in accordance with applicable FAA and MAC regulations.

   (I)   Kennels.

      (1)   A minimum lot size of five acres shall be maintained.

      (2)   Any building or fenced area where animals are kept shall be located a minimum of 200 feet from any public right-of-way, 100 feet from any property line and 150 feet from any residential dwelling located off the premises.

      (3)   The kennel shall be established and maintained in accordance with all applicable state, county and township sanitation regulations.

   (J)   Pet grooming establishment.

      (1)   No structure occupied by animals shall be closer than 200 feet to any agricultural or residential lot line.

      (2)   In all cases, the use and all animals shall be confined in an enclosed building.

      (3)   Accessory products may be sold (a maximum of 30% of the gross floor area of the establishment can be devoted to accessory retail uses) and may also include pet obedience training and daily animal-sitting, but shall not include any overnight boarding of animal(s).

      (4)   No outdoor storage permitted.

      (5)   In areas where the uses may be in proximity to other uses involving intensive activity such as shopping centers or other urban density locations, special attention is required to protect the public health and welfare. To these ends, the Planning Commission may require among other things: separate building entrance and exit to avoid animal conflicts.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006; Ord. 09-02, passed 10-20-2009) Penalty, see § 155.999