The township is hereby divided into the following zoning districts:

(Code 2003, § 42-121; Ord. of 3-26-2001, § 3.1)

(a)

The zoning districts as provided in section 42-121 are bounded and defined on a map entitled "Official Zoning Map, Leoni Township, Jackson County, Michigan," which map, with all explanatory matter thereon, is hereby adopted as a part of this chapter.

(b)

The official zoning map shall be identified by the signature of the township supervisor, attested by the clerk. The official zoning map shall be located in the office of the clerk and available for examination.

(Code 2003, § 42-122; Ord. of 3-26-2001, § 3.2)

(a)

Except where specifically designated on the official zoning map, the zoning district boundary lines are intended to follow lot lines, the centerlines of streets or alleys, the centerlines of creeks, streams, or rivers, the centerlines of streets or alleys projected, centerlines of railroads, right-of-way lines, section lines, one-quarter section lines, one-eighth section lines, or a corporate limit line, all as they existed at the time of the enactment of the ordinance from which this chapter is derived, as subsequently modified and designated as such boundary line. Where a district boundary does not coincide with any of the lines mentioned in this subsection, the district boundary lines shall be dimensioned on the official zoning map.

(b)

When the location of a district boundary is uncertain, the board of appeals shall interpret the exact location of the district boundary.

(Code 2003, § 42-123; Ord. of 3-26-2001, § 3.3)

(a)

Purpose of districts. The formulation and enactment of the ordinance from which this chapter is derived is based upon the division of the township into districts in each of which are permitted specified uses which are mutually compatible uses.

(b)

Changes in district boundaries authorized; initiation of proceedings. The township board may, from time to time, on recommendation from the planning commission or on its own motion, amend, modify, supplement, or revise the district boundaries or the provisions and regulations established in this chapter whenever the public necessity and convenience and the general welfare require such amendment. Such amendment may be initiated by resolution of the township board, by the planning commission or by petition of one or more owners of property to be affected by the proposed amendment. Except for the township board or the planning commission, the petitioner requesting an amendment shall, at the time of application, pay the fee established by resolution of the township board, no part of which shall be returnable to the petitioner.

(c)

Data, exhibits and information required in application. An application for a zoning district change shall contain the applicant's name and address in full, a statement that the applicant is the owner involved or is acting on the owner's behalf, the address of the property involved, an accurate survey drawing of the property showing the existing location of all structures thereon, the types thereof, and their uses, and a statement of supporting data, exhibits, and information.

(d)

Notice; public hearing. The planning commission shall hold a public hearing upon any application for a zoning district change, notice of which shall be by newspaper publication. The first publication shall not be more than 30 days and not less than 20 days preceding the hearing. The second publication shall be not more than eight days prior to hearing. The publication shall be in a newspaper circulated within the township. Notice of public hearing shall be sent at least eight days prior to the hearing to the owner of the property in question, to all persons to whom any real property within 300 feet of the premises in question is assessed, and to the occupants of all single-family and multifamily dwellings within 300 feet. The property in question shall be conspicuously posted at least eight days prior to the hearing.

(e)

Approval or disapproval. Upon holding a public hearing and finding that the requirements of subsections (b) and (c) of this section have been satisfactorily met by the applicant, the planning commission shall recommend approval or disapproval to the township board. The request then shall be submitted to the county coordinating committee for review. The township board shall review all the evidence and recommendations supplied to it by the planning commission and the county coordinating committee at the township board meeting. At a public meeting, the township board shall approve or disapprove the zoning request.

(Code 2003, § 42-124; Ord. of 3-26-2001, § 3.4)

Open districts are established to protect land best suited for open use from the encroachment of incompatible land uses, and to retain land suited for open space and recreation use for the future.

(Code 2003, § 42-151; Ord. of 3-26-2001, § 4.1)

(a)

Purpose. The open space district is composed of areas of the township well suited to open space and recreational land use. The regulations governing this district are designed to retain lands which are environmentally sensitive or provide for the recreational pursuits of township residents. Permitted land uses are generally those in support of public interests of open space and recreation.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Public parks, provided that any principal building shall be located at least 100 feet from all adjacent property lines.

(2)

Cemeteries.

(3)

Public or private golf courses, including clubhouse facilities and golf driving ranges, provided that such use is secondary to the principal use of a regulation 18-hole development.

(4)

Public buildings or facilities, including community centers devoted to open space and/or recreation, provided that any principal building is located at least 50 feet from all adjacent property lines.

(c)

Conditional uses. Conditional uses are as follows:

(1)

Private or nonprofit parks, camps, clubs, riding academies or similar recreational uses, subject to the provisions of section 42-345.

(2)

Single-family dwellings, provided that such building and/or any accessory structures are located at least 50 feet from any designated floodplain or wetland, and subject to the provisions of section 42-345.

(d)

Area, yard, height and bulk requirements. See section 42-271 for area, yard, height and bulk requirements.

(Code 2003, § 42-152; Ord. of 3-26-2001, § 4.1.0)

(a)

Purpose. The agricultural district is composed of areas of the township suited to agricultural land use. The regulations governing this district are designed to retain and preserve farmland and farm dwellings, while providing transition from open space areas and rural nonfarm residences.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Agriculture and the usual agricultural buildings and structures, including processing of agricultural products, but not including commercial slaughtering or marihuana agriculture or marihuana processing. Notwithstanding any other provision of the township ordinances, a lawful use of land that exists for marihuana agriculture or marihuana processing in an AG district that is no longer permissible under the provisions of this chapter may be continued or expanded, so long as it remains otherwise lawful. For the purposes of this subsection, a lawful use shall include any marihuana grower or marihuana processor use that is licensed by the township at the time of the enactment of the ordinance from which this chapter is derived whether or not operations have commenced. Furthermore, any expansion of the use in an AG zone under this subsection may only occur on real property parcels where the persons or entities licensed under this chapter by the township have fee simple ownership at the time of the enactment of the ordinance from which this chapter is derived. The continuation or expansion of the use in the AG district is transferable upon a lawful sale of the marihuana growing or marihuana processing operation to another person or entity provided that all other provisions of law are adhered to.

(2)

Dwelling, one-family detached, subject to the provisions of section 42-352.

(3)

Farming, general and specialized, including nurseries, greenhouses, truck gardening, poultry raising, beekeeping and similar bona fide agricultural enterprises or uses of land and structures, providing that the sale of products shall be limited to those grown on the premises. No commercial slaughtering or marihuana farming is permitted. However, any marijuana farming user that is legally in operation as of May 1, 2019, shall be permitted to legally continue its operations and expand said operations to real estate parcels in an agriculture zone that user owns as of June 1, 2019.

(4)

Any accessory use or structure clearly incidental and customary to the operation of the uses listed in this subsection (b).

(5)

Signs permitted under the provisions of section 42-342.

(6)

Agritourism.

(c)

Conditional uses. Each of the following uses shall be permitted upon recommendation by the planning commission and authorization by the township board, and subject to such reasonable restrictions as may be clearly and specifically set forth in writing by the township board. In every such case, the township board shall follow the procedures set forth in section 42-345.

(1)

The raising of domestic animals, fowl and fur-bearing animals (other than farm livestock) for commercial purposes, provided that any structures, pens and yards in which animals or fowl are kept shall be located not less than 200 feet from any residence located on any other lot or premises.

(2)

Livestock auction yards and structures, provided that:

a.

Written consent of 80 percent of all owners of property is obtained within 500 feet of any part of the lot on which it is to be located.

b.

No yards or structures shall be located less than 500 feet from any R district or any dwelling.

(3)

Quarries. See section 42-345(9)a for provisions pertaining to quarries.

(4)

Portable asphalt plants. Such plant may be operated in any existing gravel pit in the township on a temporary basis after obtaining approval of the township board, provided such plant is not less than 1,000 feet from any R district, and provided that such use must be discontinued if the township board determines that the use has become a public nuisance.

(5)

Aircraft landing fields or airports, provided that the parcel or tract of land is sufficiently large so as not to create a noise or safety hazard to adjacent or nearby property owners or their property.

(6)

Permitted home occupations, subject to the provisions of section 42-355.

(7)

Off-site sludge storage facilities and lagoon or water reservoirs.

(8)

Churches, provided they are located at least 50 feet from all adjacent property lines.

(9)

Commercial kennels for the raising, breeding and boarding of dogs and other small animals, and including veterinarian offices, provided that all buildings and runs shall be at least 200 feet from all adjacent property lines.

(10)

Riding stables and academies, provided that all buildings shall be at least 200 feet from all adjacent property lines and further provided that adequate bridle paths shall be made available either on private property or on nearby public lands.

(11)

Roadside market stands, provided that any structure used for such purposes shall be located not less than 30 feet from the road right-of-way boundary line and have adequate off-road parking.

(12)

Essential services (see section 42-345).

(13)

Bed and breakfast (see section 42-345(9)g).

(14)

Sport shooting ranges as defined in MCL 691.1541(d) that comply with generally accepted operation practices as defined in MCL 691.1541(a) and that comply with other conditions imposed by the township, including:

a.

An outdoor shooting range shall not be placed on any parcel or set of contiguous parcels that aggregate less than ten acres in area.

b.

An outdoor shooting range shall not be located within one mile of existing kindergartens, elementary, intermediate or secondary schools.

c.

An outdoor shooting range shall not be located within 1,500 feet from the township border with another municipality.

d.

An outdoor shooting range shall not be located within five miles from any other outdoor lawful sport shooting ranges within the township.

e.

All outdoor shooting ranges must observe all guidelines from the EPA's most current edition of "Best Management Practices for Lead at Outdoor Shooting Ranges."

f.

Carry a minimum of liability insurance with the limits set by the township board and readjusted from time to time listing the township as additional insured and certificate holder.

g.

Supply to the township a copy of a site and safety analysis performed by a range designer or developer and chief or master range safety officer showing a passing status.

h.

Observe generally accepted operational practices adopted by the state department of natural resources.

i.

Not be accessible for shooting by the public after hours as determined by the township board or by agreement as part of the special use permit process.

j.

No public shooting without a certified range safety officer or certified chief range safety officer on duty.

k.

Install and maintain security camera system on premises with accurate time and date stamp.

l.

For indoor shooting ranges, observe all guidelines from the most recent edition of "Lead Management and OSHA Compliance for Indoor Shooting Ranges."

m.

Observe all additional conditions set by the township for the required special use permit.

(15)

Agricultural business. See section 42-345(9)h for provisions pertaining to agricultural businesses.

(d)

Area, yard, height and bulk requirements. See section 42-271 for area, yard, height and bulk requirements.

(Code 2003, § 42-153; Ord. of 3-26-2001, § 4.1.1; Ord. No. 2005-1 , § 42-153, 3-2-2005; Ord. of 7-9-2019(2) ; Ord. of 7-9-2019(3) ; Ord. of 10-8-2019 , § 2)

(a)

The rural nonfarm residential district, suburban residential district, single-family residential district, high density residential and office district, planned residential district, and mobile home residential district are designated principally for residential use and are limited to dwellings and uses normally associated with residential neighborhoods in order to encourage a suitable and healthy environment for family life. The residential districts are designed to regulate the location of residential uses and dwellings according to a well-considered plan which reflects the different types of residential uses and dwellings, the different densities of population and the intensity of land use desired, potential nuisances and hazards which may cause unhealthy conditions, and the relationship of residential uses and dwellings to other areas devoted to agricultural, commercial, or industrial use and to streets. The purpose of each residential district is further stated in the other sections of this division.

(b)

No land shall be used or occupied and no structure shall be designed, erected, moved, altered, used or occupied except for either one or several of the permitted uses listed in the sections of this division and the lawful accessory uses thereto, or for one or several of the conditional uses listed in the sections of this division.

(Code 2003, § 42-181; Ord. of 3-26-2001, § 4.2)

(a)

Purpose. The rural nonfarm residential district is established to provide suitable areas for single-family or two-family dwellings at low densities to preserve a predominately rural character in these areas fit for concentrated residential use because of the ability of the soil to absorb sewage wastes from individual septic tanks.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Single-family detached dwellings, subject to the provisions of section 42-352.

(2)

On-site signs, only in accordance with the regulations specified in section 42-342(c).

(c)

Conditional uses. Conditional uses are as follows:

(1)

Churches and other buildings for religious worship.

(2)

Public and private nursery schools, and primary and secondary schools.

(3)

Essential service structures of a nonindustrial character, but not including maintenance depots or warehouses.

(4)

Permitted home occupations, subject to the provisions of section 42-355.

(5)

Farm dwellings, farm buildings and structures, including nurseries, greenhouses, and general farming, provided hereafter any parcel of land in such use shall be not less than five acres in area and any building in which farm animals are kept shall be located not less than 75 feet from every lot line.

(6)

Accessory uses.

(7)

Essential services, only in accordance with the regulations specified in section 42-360.

(8)

Bed and breakfasts (see section 42-345(9)g).

(d)

Area, yard, height and bulk regulations. See section 42-271 for area, yard, height and bulk requirements.

(Code 2003, § 42-182; Ord. of 3-26-2001, § 4.2.1; Ord. No. 2005-1 , § 42-182, 3-2-2005)

(a)

Purpose. In the suburban residential district, no land shall be used or occupied and no structure shall be designed, erected, moved, altered, used or occupied except for either one or several of the uses by right listed in this section and the lawful accessory uses thereto, or for one or several of the conditional uses listed in this section.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Single-family detached dwellings, subject to the provisions of section 42-352.

(2)

On-site signs, only in accordance with the regulations specified in section 42-342(c).

(c)

Conditional uses. Conditional uses are as follows:

(1)

Churches and other buildings for religious worship.

(2)

Public and private nursery schools, and primary and secondary schools.

(3)

Essential service structures of a nonindustrial character, but not including maintenance depots or warehouses.

(4)

Permitted home occupations, subject to the provisions of section 42-355.

(5)

Farm dwellings, farm buildings and structures, including nurseries, greenhouses, and general farming, provided hereafter any parcel of land in such use shall be not less than five acres in area and any building in which farm animals are kept shall be located not less than 75 feet from every lot line.

(6)

Accessory uses.

(7)

Funeral homes.

(8)

Bed and breakfasts (see section 42-345(9)g).

(d)

Area, yard, height and bulk regulations. See section 42-271 for area, yard, height and bulk requirements.

(Code 2003, § 42-183; Ord. of 3-26-2001, § 4.2.2; Ord. No. 2005-1 , § 42-183, 3-2-2005)

(a)

Purpose. The one-family residential district is composed of low density, single-family residential development and other uses which are compatible with the intent to stabilize, protect and encourage the residential character of the district. No land or structure shall be used or occupied except for the uses listed in this section.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Single-family detached dwellings, subject to the provisions of section 42-352.

(2)

On-site signs in accordance with regulations specified in section 42-342(c).

(3)

Accessory uses or structures, but not without a primary or principal structure.

(c)

Conditional uses. Conditional uses are as follows:

(1)

Churches and other buildings for religious worship.

(2)

Public and private nursery schools, and primary and secondary schools.

(3)

Essential services (see sections 42-345 and 42-360).

(4)

Nursing homes, homes for the aged, child care homes and nursery schools wherein there are seven or more persons, provided that:

a.

Principal buildings used therefor shall be not less than 50 feet from any other lot.

b.

Floor space per person shall be not less than 40 square feet.

c.

Outdoor activity areas for each person shall be not less than 75 square feet and shall be fenced and screened from any adjoining property or highway.

(5)

Permitted home occupations, subject to the provisions of section 42-355.

(6)

Planned unit developments (residential only, including cluster housing and site condominiums).

(d)

Area, yard, height and bulk regulations. See section 42-271 for area, yard, height and bulk requirements.

(Code 2003, § 42-184; Ord. of 3-26-2001, § 4.2.3)

(a)

Purpose.

(1)

The planned residential district is intended to provide flexibility within the design and development of (primarily) single-family housing consistent with the density established for the one-family residential district (R-1).

(2)

While standard zoning and subdivision practices are appropriate for the regulation of residential land use in areas or neighborhoods that are already substantially developed, these controls can hinder the creation of attractive, safe, and affordable housing in developing areas of the township. Therefore, this district is intended to permit enough flexibility in development design so as to allow the development of housing which benefits from modern design techniques while adhering to general standards of character and density.

(3)

All applications for zoning for planned residential district (PR-1) shall adhere to the standards for density established in section 42-271 and must meet the approval process standards for planned unit development/residential only established in division 7 of this article.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Single-family detached dwellings.

(2)

Site condominium projects (see definition).

(3)

Accessory uses or structures, but not without a principal residential structure.

(c)

Conditional uses. Conditional uses are as follows:

(1)

Single-family attached housing, including cluster housing.

(2)

Assisted living, nursing homes, homes for the aged, child care homes and nursery schools wherein there are seven or more persons, provided that:

a.

Principal buildings shall not be less than 100 feet from any single-family residence (either within the development or adjacent to the development).

b.

Floor space per person shall be not less than 40 square feet.

c.

Outdoor activity areas for each person shall not be less than 75 square feet and shall be fenced or screened from any adjoining property or highway.

(d)

Area, yard, height and bulk regulations. See section 42-271 and division 7 of this article for area, yard, height and bulk requirements.

(Code 2003, § 42-185; Ord. of 3-26-2001, § 4.2.4)

(a)

Purpose.

(1)

The high density residence and office district is composed of certain of the older and higher density residential areas plus some open areas where the intermingling of one-family, two-family and multiple-family dwellings with professional offices, clubs and specified home occupations may be developed for apartments, offices, clubs and headquarters for group organizations. All of these types of use will be encouraged provided adequate parking space and the essential residential character of the district is maintained.

(2)

No land shall be used or occupied, and no structure shall be designed, erected, moved, altered, used or occupied except for either one or several of the permitted uses listed in this section and the accessory uses thereto, or for one or several of the conditional uses listed in this section.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Multiple-family dwellings.

(2)

Two-family dwellings.

(3)

On-site signs, only in accordance with the regulations specified in section 42-342(c).

(4)

Accessory uses or structures, but not without a primary or principal structure.

(c)

Conditional uses. Conditional uses are as follows:

(1)

Churches and other buildings for religious worship.

(2)

Essential services (see sections 42-345 and 42-360).

(3)

Single-family dwellings.

(4)

Clinics, dental or medical, provided any building used therefor shall be located not less than 20 feet from any lot in any other R district.

(5)

Clubs, lodges and meeting places for other organized groups not operated for gain, provided that the building in which such uses are housed shall be located not less than 30 feet from any other lot in any R district.

(6)

Funeral homes.

(7)

Hospitals, sanitariums and charitable institutions for human care, not including those for penal purposes, provided that the site of any such use shall be at least two acres in area and that any building for such use shall be distant at least 50 feet from every lot line.

(8)

Institutions for children or the aged, but not including penal or correctional institutions, provided that any principal building and/or activity area shall be located not less than 50 feet from any other lot in any R district.

(9)

Library or museum, public.

(10)

Municipal buildings or properties, not including storage yards, warehouses or garages.

(11)

Nursery schools and child care centers with seven or more children, provided the amount of floor space per child shall be not less than 40 square feet and the outdoor play space per child shall be not less than 75 square feet. Outdoor play space maintained in connection with the school or center shall be completely and securely fenced by a four-foot chain-link fence or other fence specified by the planning commission and, if closer than 50 feet to any property line, shall be screened by a masonry wall or compact evergreen hedge not less than five feet in height, and there shall be not less than 1,000 square feet of play area available to each day care center.

(12)

Offices in which chattels or goods, wares or merchandise are commercially exchanged or sold, provided any building used therefor shall be located not less than 20 feet from any lot in any other R district.

(13)

Roominghouses.

(14)

Schools, public and parochial, and institutions of higher education, provided that buildings and play areas shall be located not less than 50 feet from any lot in any R or AG district.

(15)

Studios for professional work or instruction of any form of fine arts, music, drama, or dance, but not including a commercial gymnasium or portrait studio.

(16)

Planned unit developments.

(17)

Bed and breakfasts.

(d)

Area, yard, height and bulk regulations. See section 42-271 for area, yard, height and bulk requirements.

(Code 2003, § 42-186; Ord. of 3-26-2001, § 4.2.5)

(a)

Purpose. The mobile home residential district is composed of residential development within mobile home parks or plats where three or more mobile homes are located on contiguous lots within a planned development regulated by the mobile home commission act, Public Act No. 96 of 1987 (MCL 125.2301 et seq.) and the rules established by the state mobile home commission, as amended. Such development shall be connected to a central water supply system and a central sanitary sewer system as approved by the county health department.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Public schools.

(2)

Mobile home parks, subject to the following conditions:

a.

Must be located on a parcel of no less than ten acres, with at least 200 feet of frontage along a public road or street.

b.

Must establish a greenbelt buffer of 25 feet from adjacent property lines, with such buffer to include screening or fencing where deemed appropriate by the planning commission within the procedure for site plan review and approval (see section 42-346).

(c)

Conditional uses. Conditional uses are as follows:

(1)

Planned unit developments.

(Code 2003, § 42-187; Ord. of 3-26-2001, § 4.2.6)

The neighborhood business district, community business district, general business district and highway business district are designed to limit compatible commercial enterprises at appropriate locations to encourage efficient traffic movement, parking, and utility service, advance public safety, and protect surrounding property. The commercial districts are designed to regulate the location of these business uses according to a well-considered plan which determines the types of such uses and the intensity of land, street and highway use in each such district, potential nuisances and hazards which may cause unsafe conditions, and the relationship of commercial uses to each other and to other areas devoted to agricultural, residential, or industrial use and to streets and highways. The purpose of each commercial district is further stated in the other sections of this division.

(Code 2003, § 42-211; Ord. of 3-26-2001, § 4.4)

(a)

Purpose.

(1)

The neighborhood business district is composed of certain land and structures used primarily to provide for the selling at retail of convenience goods in grocery stores, hardware stores and drugstores, and to furnish services such as beauty shops, barbershops, self-service laundromats, eating places and others of a similar nature. This district is small, is usually located at the intersection of two highways or streets and serves the immediate neighborhood. The regulations are designed to encourage uses and services needed from day to day and to protect surrounding residential districts against the encroachment or infiltration of business enterprises.

(2)

No land shall be used or occupied, and no structure shall be designed, erected, moved, altered, used or occupied except for one or several of the permitted uses listed in this section and accessory uses thereto, or for one or several of the conditional uses listed in this section.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Antique shop, provided all articles for sale are displayed or stored within the shop.

(2)

Bakery.

(3)

Barbershop and/or beauty shop.

(4)

Catering service, delicatessen and confectionery store.

(5)

Clothes or wearing apparel shop.

(6)

Church.

(7)

Dairy products store.

(8)

Drugstore.

(9)

Dry cleaning and laundry, custom and self-service.

(10)

Eating place (excluding the sale of alcoholic liquors).

(11)

Florist and gift shop.

(12)

Grocery.

(13)

Hardware, hobby shop, or fix-it shop.

(14)

Liquor store (sale by package only).

(15)

Shoe store.

(16)

Small shop for repair and servicing of home appliances, radios and TVs, jewelry, shoes, watches and similar household or personal items.

(17)

Upholstery and woodworking shops.

(18)

On-site signs, only in accordance with the regulations as specified in section 42-342(d).

(19)

Accessory use or structure.

(c)

Conditional uses. Conditional uses are as follows:

(1)

Automobile service stations, provided:

a.

Premises used for such purposes shall not be less than 200 feet from any place of public assembly, including any hospital, sanitarium, or institution. Such measurement shall be along the usual line of street travel. Hereafter, no gasoline filling and/or service station shall be permitted if the location constitutes a hazard to public safety and welfare.

b.

Buildings used for such purposes shall not be nearer than 50 feet to any R district.

c.

Any minor automobile repair work shall be done within the principal building on the premises.

d.

No overnight or weekend outside storage of trucks, trailers and/or tractors shall be permitted on the premises, and no partially dismantled, wrecked or junked vehicles shall be stored for more than a total of eight hours outside the buildings on the premises.

e.

When such use abuts the side and/or rear line of a lot in any R district, a compact evergreen hedge, solid wall, or painted board fence not less than five feet shall be maintained at the property line.

(2)

Bar or combination bar and restaurant, provided any building used for such bar or combination bar and restaurant shall be located at least 50 feet from any other lot in any R or AG district and a compact evergreen hedge, solid wall or tight board fence not less than five feet shall be maintained at the property line.

(3)

Bait stores or the supplying of live bait to fishermen, provided:

a.

All containers wherein leaf worms, night crawlers and similar baits are kept shall be properly refrigerated.

b.

Tanks for minnows shall be equipped to provide adequate water movement and oxygen.

c.

Buildings wherein any live bait is propagated, stored or sold shall be located at least 50 feet from any lot in any R or AG district.

(4)

It is the intent of this section to provide for the conversion of the upper floors of existing commercial buildings and to extend their economic life by permitting the conversion to one-family, two-family, and multiple-family residential dwelling units, and to provide for a dwelling as an accessory use to a commercial use, subject to the following conditions:

a.

The dwelling units shall be secondary and incidental to a primary use permitted in the district.

b.

The dwelling units shall be contained in the same structure as the primary use.

c.

Dwelling units shall be used exclusively for living accommodation. No storage or warehousing of goods and merchandise or the sale of such items shall be permitted.

d.

One off-street parking space shall be provided for each dwelling unit exclusive of those provided for the existing commercial establishment. All applicable regulations specified in section 42-343 shall be complied with.

e.

The dwelling units shall comply in all respects with the township building code and state plumbing, electrical, energy and fire codes and regulations.

f.

Every dwelling unit shall have not less than the required floor area specified under section 42-362.

(5)

Planned unit developments. See division 7 of this article.

(6)

Bed and breakfasts (see section 42-345(9)g).

(d)

Area, yard, height and bulk regulations. See section 42-271 for area, yard, height and bulk requirements.

(Code 2003, § 42-212; Ord. of 3-26-2001, § 4.4.1; Ord. No. 2005-1 , § 42-212, 3-2-2005)

(a)

Purpose.

(1)

The community business district is composed of certain land and structures used not only to provide all of the types of convenience goods and services found in the B-1 district, but in addition to provide a greater number of business enterprises as to type, variety or service offered. These would include supermarkets, discount stores, household furnishings, major appliance stores, junior department stores, variety stores, garden supply centers, and banks. This district is encouraged to provide the types of goods and services that will attract customers from the entire community. Regulations are designed to permit growth of the enumerated uses and services and limited only by standards which will give protection to adjacent businesses and industrial or residential districts.

(2)

No land shall be used or occupied, and no structure shall be designed, erected, moved, altered, used or occupied except for one or several of the permitted uses listed in this section and accessory uses thereto, or for one or several of the conditional uses listed in this section.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Antique shops, provided all articles for sale are displayed or stored within the shop.

(2)

Automobile, truck and trailer displays, sales and repair, and sales lots.

(3)

Bakeries.

(4)

Banks, loan offices and finance offices, including drive-in type.

(5)

Barbershops and/or beauty shops.

(6)

Bowling alleys, including a bar and restaurant.

(7)

Bus stations.

(8)

Camera and photo supplies stores.

(9)

Catering service, delicatessen and confectionery stores.

(10)

Clinics, dental and medical, including laboratory.

(11)

Clothes or wearing apparel shops.

(12)

Clubs, lodges or churches.

(13)

Dairy products stores.

(14)

Decorating or drapery shops.

(15)

Department stores and specialty apparel stores.

(16)

Drugstores.

(17)

Dry cleaning and laundry, custom and self-service.

(18)

Dry goods or notions stores.

(19)

Eating places, bar, grill, and cocktail lounges.

(20)

Egg and poultry stores.

(21)

Florists and gift shops.

(22)

Fruit and vegetable markets.

(23)

Funeral homes.

(24)

Food locker plants.

(25)

Furniture and household furnishings stores.

(26)

Garden and lawn supply stores.

(27)

Grocery stores, supermarkets, and discount stores.

(28)

Hardware, sporting goods and electrical appliances.

(29)

Jewelry stores.

(30)

Libraries and other public buildings.

(31)

Liquor stores (sale by package only).

(32)

Offices in which chattels or goods, wares or merchandise are commercially created, exchanged or sold.

(33)

Office supply stores, business machines.

(34)

Paint, wallpaper and floor coverings stores.

(35)

Parking lots (subject to the provisions of section 42-344).

(36)

Plumbing, heating and air conditioning sales and service.

(37)

Radios, TVs and musical instruments.

(38)

Repair, rental and servicing of any products permitted and sold as a use by right in this district.

(39)

Shoe stores.

(40)

Studios for photography, dance or music.

(41)

Tailoring, including alterations, pressing, dressmaking and millinery shops.

(42)

Toy stores, including playground equipment.

(43)

Tire and auto accessories stores.

(44)

Variety stores, upholstery and/or woodworking shops.

(45)

On-site signs, only in accordance with the regulations as specified in section 42-342(e).

(46)

Accessory uses or structures.

(47)

Essential services and structures of a nonindustrial character.

(c)

Conditional uses. Conditional uses are as follows:

(1)

Automobile service stations, provided:

a.

Premises used for such purposes shall not be less than 200 feet from any place of public assembly, including any hospital, sanitarium, or institution. Such measurement shall be along the usual line of street travel. Hereafter, no gasoline filling and/or service station shall be permitted if the location constitutes a hazard to public safety and welfare.

b.

Buildings used for such purposes shall not be nearer than 50 feet to any R district.

c.

Any minor automobile repair work shall be done within the principal building on the premises.

d.

No overnight or weekend outside storage of trucks, trailers and/or tractors shall be permitted on the premises, and no partially dismantled, wrecked or junked vehicles shall be stored for more than a total of eight hours outside the buildings on the premises.

e.

When such use abuts the side and/or rear of a lot in any R district, a compact evergreen hedge, solid wall, or painted board fence not less than five feet shall be maintained at the property line.

(2)

Bait stores or the supplying of live bait to fishermen, provided:

a.

All containers wherein leaf worms, night crawlers and similar baits are kept shall be properly refrigerated.

b.

Tanks for minnows shall be equipped to provide adequate water movement and oxygen.

c.

Buildings wherein any live bait is propagated, stored or sold shall be located at least 50 feet from any lot in any R or AG district.

(3)

Drive-ins (banks excepted), provided any structure shall be at least 100 feet from any lot in any R or AG district. When such use abuts any R or AG district, other than across a street, a compact evergreen hedge, solid wall or tight fence at least five feet in height shall be maintained at the property line.

(4)

Boat shop and/or marina, including the sale, servicing, repair, storage and rental of boats or the offering of docking facilities, provided any or all these activities shall be located at least 100 feet from any lot in any R or AG district.

(5)

Automobile automatic wash and polish stations, provided that:

a.

All operations shall be within an enclosed building.

b.

The building shall have a setback of not less than 40 feet from any street line.

c.

All vehicles on the premises other than those being serviced shall be provided with off-street waiting lanes and off-street parking space.

d.

When such use abuts the side and/or rear line of a lot in any R district, a compact evergreen hedge, solid wall or painted board fence not less than five feet shall be maintained at the property line.

(6)

It is the intent of this section to provide for the conversion of the upper floors of existing commercial buildings and to extend their economic life by permitting the conversion to one-family, two-family, and multiple-family residential dwelling units, and to provide for a dwelling as an accessory use to a commercial use, subject to the following conditions:

a.

The dwelling units shall be secondary and incidental to a primary use permitted in the district.

b.

The dwelling units shall be contained in the same structure as the primary use.

c.

Dwelling units shall be used exclusively for living accommodation. No storage or warehousing of goods and merchandise or the sale of such items shall be permitted.

d.

One off-street parking space shall be provided for each dwelling unit exclusive of those provided for the existing commercial establishment. All applicable regulations specified in section 42-343 shall be complied with.

e.

The dwelling units shall comply in all respects with the township building code and state plumbing, electrical, energy and fire codes and regulations.

f.

Every dwelling unit shall have not less than the required floor area specified under section 42-362.

(7)

Planned unit developments.

(8)

Bed and breakfasts (see section 42-345(9)g).

(d)

Area, yard, height and bulk regulations. See section 42-271 for area, yard, height and bulk requirements.

(Code 2003, § 42-213; Ord. of 3-26-2001, § 4.4.2; Ord. No. 2005-1 , § 42-213, 3-2-2005)

(a)

Purpose.

(1)

The general business district is composed of certain land and structures used to provide for the retailing and wholesaling of goods, warehousing facilities, trucking facilities and limited fabrication of goods. When any of these types of enterprises are permitted, they are to be regulated in a manner that will protect the abutting residential districts, provide reasonable compatibility with each other and prevent further "strip" zoning along major thoroughfares.

(2)

No land shall be used or occupied, and no structure shall be designed, erected, moved, altered, used or occupied except for one of several of the uses by right listed in this section and lawful accessory uses thereto, or for one or several of the conditional uses listed in this section.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Antique shops, provided all articles are displayed or stored within the shop.

(2)

Automobile, truck and trailer displays, hire, sales and repair, including sales lots, painting and body shops.

(3)

Automotive supply parts and accessories.

(4)

Bakeries.

(5)

Banks, loan offices and finance offices.

(6)

Barbershops and/or beauty shops.

(7)

Bowling alleys, including bar and restaurant.

(8)

Bus stations and travel agencies.

(9)

Business or trade schools.

(10)

Camera and photo supplies store.

(11)

Catering services, delicatessens and confectionery stores.

(12)

Clothes or wearing apparel shops.

(13)

Clubs, lodges or churches.

(14)

Crating and packing services.

(15)

Dairy products stores.

(16)

Dance studios.

(17)

Department stores, specialty apparel, and discount stores.

(18)

Diaper, linen and towel supply services.

(19)

Drugstores.

(20)

Dry cleaning and laundry, custom and self-service.

(21)

Dry goods or notions stores.

(22)

Eating places, bars, grills, and cocktail lounges.

(23)

Egg and poultry stores.

(24)

Electrical supplies, wholesale and storage.

(25)

Exterminator services.

(26)

Factories and mill supplies.

(27)

Florists and gift shops.

(28)

Fruit and vegetable markets.

(29)

Funeral homes and ambulance service.

(30)

Furniture and household furnishings stores.

(31)

Garden and lawn supply stores.

(32)

Grocery stores, supermarkets, and meat processing (no slaughtering).

(33)

Hardware and sporting goods.

(34)

Jukebox and vending machine service and distribution.

(35)

Libraries and other public buildings.

(36)

Liquor stores (sale by package only).

(37)

Luggage and camping supplies and equipment.

(38)

Malt beverage, liquor and wine distribution.

(39)

Offices in which chattels or goods, wares or merchandise are not commercially created, exchanged or sold.

(40)

Office machines, sales and service.

(41)

Office supply stores.

(42)

Ornamental iron work and fence services.

(43)

Paint, wallpaper and floor coverings stores.

(44)

Printing and publishing, including processes related thereto.

(45)

Plumbing and heating and sheet metal shops (including punching of material of one-eighth inch or less in thickness).

(46)

Radiator repair shops.

(47)

Radio and TV sales, repair, and broadcasting stations.

(48)

Resale shops, china, clothing and furniture, but not including auction houses.

(49)

Shoe stores, sale and repair.

(50)

Sign painting and servicing shops.

(51)

Special tools and gauges, checking and service.

(52)

Theaters, drive-in type; also theatrical studios.

(53)

Tire and battery shops, rebuilding and recapping.

(54)

Travel agencies.

(55)

Stone cutting, providing cutting operations are conducted within a completely enclosed building.

(56)

Toys, playground equipment and variety stores.

(57)

Warehousing facilities.

(58)

Distribution centers.

(59)

Storage units.

(60)

Marihuana uses as otherwise permitted by state law and the township's ordinances.

(61)

Any other use which is determined by the zoning administrator to be of the same general character as the uses by right listed in this subsection (b), but not including any use which is first permitted in the M district.

(c)

Conditional uses. Conditional uses are as follows:

(1)

Auction houses, provided that merchandise for sale has been used (not new articles), there are no public auctions on Sunday, auctions shall not continue after 12:00 midnight, and all auctions shall be conducted within a building.

(2)

Automobile service stations, provided:

a.

Premises used for such purposes shall not be less than 200 feet from any place of public assembly, including any hospital, sanitarium, clinic or institution. Such measurement shall be along the usual line of street travel. Hereafter, no gasoline filling and/or service station shall be permitted if the location constitutes a hazard to public safety and welfare.

b.

Buildings used for such purposes shall not be nearer than 75 feet to any R district.

c.

Any minor automobile repair work shall be done within the principal building on the premises.

d.

No overnight or weekend outside storage of trucks, trailers and/or tractors shall be permitted on the premises, and no partially dismantled, wrecked or junked vehicles shall be stored for more than a total of eight hours outside the buildings on the premises.

e.

When such use abuts the side and/or rear line of a lot in any R district, a compact evergreen hedge, solid wall or painted board fence not less than five feet shall be maintained at the property line.

(3)

Recreational vehicle storage yards.

a.

These premises shall be used for the storage of recreational vehicles bearing a current license plate as of the time the vehicle is placed upon the premises, as well as maintaining a current plate and registration with the state during the full length of storage.

b.

All vehicles in storage must be contained inside of a minimum six-foot privacy fence.

c.

The sale of junked vehicles, or used vehicle parts, wrecked or salvage and/or inoperative or obsolete vehicles, at the site of a recreational vehicle storage yard is prohibited.

d.

The fundamental purpose of this subsection (c)(3) is to promote public health, safety, and general welfare by allowing storage of recreational vehicles in certain areas for the people of the township, and to prohibit and limit the storage of inoperable motor vehicles.

(4)

Automobile automatic wash and polish stations, provided that:

a.

All operations shall be within an enclosed building.

b.

The building shall have a setback of not less than 40 feet from any street line.

c.

All vehicles on the premises, other than those being serviced, shall be provided with off-street waiting lanes and off-street parking space.

d.

When such use abuts the side and/or rear line of a lot in any R district, a compact evergreen hedge, solid wall or painted board fence not less than five feet shall be maintained at the property line.

(5)

Veterinary hospital or kennel, animal hospital, veterinary clinic or kennel for household pets only, provided that:

a.

There are no outside exercise runways or yards.

b.

Any structure for such purposes shall be not less than 75 feet from any other district.

(6)

Motels; may include a bar, small retail shops and restaurant.

(7)

It is the intent of this section to provide for the conversion of the upper floors of existing commercial buildings and to extend their economic life by permitting the conversion to one-family, two-family, and multiple-family residential dwelling units, and to provide for a dwelling as an accessory use to a commercial use, subject to the following conditions:

a.

The dwelling units shall be secondary and incidental to a primary use permitted in the district.

b.

The dwelling units shall be contained in the same structure as the primary use.

c.

Dwelling units shall be used exclusively for living accommodation. No storage or warehousing of goods and merchandise or the sale of such items shall be permitted.

d.

One off-street parking space shall be provided for each dwelling unit exclusive of those provided for the existing commercial establishment. All applicable regulations specified in section 42-343 shall be complied with.

e.

The dwelling units shall comply in all respects with the township building code and state plumbing, electrical, energy and fire codes and regulations.

f.

Every dwelling unit shall have not less than the required floor area specified under section 42-362.

(8)

Planned unit developments.

(9)

Adult uses.

a.

Because some uses are recognized as having a deleterious effect upon adjacent areas, causing blight, a chilling effect upon other businesses and occupants, and a disruption in neighborhood development, especially when concentrated in a confined area, it is considered necessary and in the best interest of the orderly and better development of the community to prohibit the overcrowding of such uses into a particular location and require, instead, their dispersal throughout the general business district and the highway business district of the township to thereby minimize their adverse impact on any specific zoning district.

b.

In order to prevent undesirable concentration of such uses, the following uses and activities shall not be located within 1,000 feet of one other such use or any school, or within 300 feet of any residentially zoned district, as measured along a line forming the shortest distance between any portion of the respective properties of the existing and proposed following specified uses and activities and between such uses and the adjoining residentially zoned district:

1.

Adult bookstore.

2.

Adult motion picture theater.

3.

Adult mini motion picture theater.

4.

Adult smoking or sexual paraphernalia store.

5.

Massage parlor.

6.

Host or hostess establishments offering socialization with a host or hostess for a consideration.

7.

Tavern or cabaret providing live or projected entertainment, including, but not limited to, adult live entertainment establishments where intoxicating liquors may or may not be sold for consumption on the premises. For purposes of this subsection, the term "projected entertainment" shall not include standard television reception.

8.

Any combination of such uses.

c.

For the purpose of interpreting the application of the limitations on certain businesses in this subsection (c)(9), the following terms or designations shall have the following meanings:

Adult bookstore means an establishment having, as a substantial or significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, or an establishment with a segment or section devoted to the sale or display of such material.

Adult mini motion picture theater means an indoor or outdoor theater or enclosure with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

Adult motion picture theater means an indoor or outdoor theater or enclosure with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

Adult smoking, video or sexual paraphernalia store means an establishment having, as a substantial or significant portion of its stock in trade, paraphernalia or materials designed or usable for sexual stimulation or arousal or for smoking, ingesting or inhaling marijuana, narcotics, or other stimulating or hallucinogenic drug-related substances.

Host or hostess establishment means establishments or clubs offering socialization with a host or hostess for a consideration to the host or hostess or for an admission or membership fee.

Massage parlor means an establishment where persons conduct, or permit to be conducted or engaged in, massages of the human body or parts thereof by means of pressure-imposed friction, stroking, kneading, rubbing, tapping, pounding, vibrating, or otherwise stimulating the human body or parts thereof with the hands, other parts of the human body, mechanical devices, creams, ointments, oils, alcohol or any other means of preparation to provide relaxation or enjoyment to the recipient.

Specified anatomical areas means:

1.

Less than completely and opaquely covered human genitals, pubic regions, buttocks and female breasts below a point immediately above the top of the areola.

2.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities means:

1.

Acts of human masturbation, sexual intercourse or sodomy.

2.

Fondling or other erotic touching of human genitals, pubic regions, buttocks, or female breasts.

3.

Human genitals in a state of sexual stimulation or arousal.

d.

The township planning commission (where any of such regulated uses are special exception uses) or the township zoning board of appeals (where such regulated uses are permissible uses) may waive the spacing requirements in this subsection (c)(9) if it finds the following conditions exist:

1.

The proposed use will not be contrary to the public interests or injurious to nearby properties in the proposed location and the spirit and intent of the purpose of the spacing regulations will still be observed.

2.

The proposed use will not enhance or promote a deleterious effect upon adjacent areas through causing or encouraging blight, a chilling effect upon other businesses and occupants and a disruption in neighborhood development.

3.

The establishment of the additional regulated use in the area will not be contrary to any program of neighborhood conservation or interfere with any program of urban renewal.

4.

All other applicable regulations in this chapter or other pertinent township ordinances will be observed.

(10)

Bed and breakfasts (see section 42-345(9)g).

(11)

Indoor sport shooting ranges as defined in MCL 691.1541(d) that comply with generally accepted operational practices as defined in MCL 691.1541(a) and that comply with other conditions imposed by the township, including:

a.

Observe all guidelines from the most recent edition of "Lead Management and OSHA Compliance for Indoor Shooting Ranges."

b.

Carry a minimum of liability insurance with the limits set by the township board and readjusted from time to time listing the township as additional insured and certificate holder.

c.

Supply to the township a copy of a site and safety analysis performed by a range designer or developer and chief or master range safety officer showing a passing status.

d.

Observe generally accepted operational practices adopted by the state department of natural resources.

e.

Not be accessible for shooting by the public after hours as determined by the township board or by agreement as part of the special use permit process.

f.

No public shooting without a certified range safety officer or certified chief range safety officer on duty.

g.

Install and maintain security camera system on the premises with an accurate time and date stamp.

h.

Observe all additional conditions set by the township in the required special use permit.

(d)

Area, yard, height and bulk regulations. See section 42-271 for area, yard, height and bulk regulations.

(Code 2003, § 42-214; Ord. of 3-26-2001, § 4.4.3; Ord. of 5-20-2002; Ord. No. 2005-1 , § 42-214, 3-2-2005; Ord. No. 2006-1 , 3-16-2006; Ord. of 7-9-2019(1) ; Ord. of 12-10-2019(1) )

(a)

Purpose.

(1)

The highway business district is intended to provide for various commercial establishments offering accommodations, supplies, and services to local as well as through automobile and truck traffic. These districts should be prepared at locations along major thoroughfares or adjacent to the interchange ramps of a limited access highway facility and should encourage grouping of various facilities into centers and discourage dispersion of these activities.

(2)

No land shall be used or occupied, and no structure shall be designed, erected, moved, altered, used or occupied except for one or several of the permitted uses listed in this section and accessory uses thereto or for one or several of conditional uses listed in this section.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Automobile service stations.

(2)

Sales, rental, service, and display of vehicles.

(3)

Drive-in retail and service establishments, except drive-in theaters.

(4)

On-site and off-site signs, only in accordance with regulations as specified in section 42-342(e) and (f).

(5)

Motels and hotels.

(6)

Eating and drinking establishments.

(7)

Essential services and structures of a nonindustrial character.

(8)

Accessory uses or structures.

(9)

Indoor and outdoor commercial amusements.

(10)

Carwash facilities.

(11)

Storage units.

(12)

Marihuana uses as otherwise permitted by state law and the township's ordinances.

(c)

Conditional uses. Conditional uses are as follows:

(1)

Automobile and truck stop stations.

a.

Buildings and premises may include refueling, lubrication, washing, tire servicing and minor repair facilities, separately or in conjunction with food and lodging accommodations, provided any area reserved for the outside parking or storage of automobiles or trucks shall be screened from the highway and abutting properties by a compact evergreen hedge, solid wall or tight board fence at least six feet in height.

b.

Areas used for outside storage, parking or servicing of automobiles or trucks shall be properly graded for drainage, surfaced with concrete or asphalt and maintained in good condition, free of trash and debris.

c.

No partially dismantled, wrecked or junked vehicles shall be stored for more than a total of eight hours outside the buildings on the premises.

d.

Buildings used for any one or all of the services enumerated in subsection (c)(1)a of this section shall be located at least 50 feet from a public highway and from any R or AG district.

(2)

Recreational vehicle storage yards.

a.

These premises shall be used for the storage of recreational vehicles bearing a current license plate as of the time the vehicle is placed upon the premises, as well as maintaining a current plate and registration with the state during the full length of storage.

b.

All vehicles in storage must be contained inside of a minimum six-foot privacy fence.

c.

The sale of junked vehicles, or used vehicle parts, wrecked or salvage and/or inoperative or obsolete vehicles, at the site of a recreational vehicle storage yard is prohibited.

d.

The fundamental purpose of this subsection (c)(2) is to promote public health, safety, and general welfare by allowing storage of recreational vehicles in certain areas for the people of the township, and to prohibit and limit the storage of inoperable motor vehicles.

(3)

Drive-in theaters.

(4)

It is the intent of this section to provide for the conversion of the upper floors of existing commercial buildings and to extend their economic life by permitting the conversion to one-family, two-family, and multiple-family residential dwelling units, and to provide for a dwelling as an accessory use to a commercial use, subject to the following conditions:

a.

The dwelling units shall be secondary and incidental to a primary use permitted in the district.

b.

The dwelling units shall be contained in the same structure as the primary use.

c.

Dwelling units shall be used exclusively for living accommodations. No storage or warehousing of goods and merchandise or the sale of such items shall be permitted.

d.

One off-street parking space shall be provided for each dwelling unit exclusive of those provided for the existing commercial establishment. All applicable regulations specified in section 42-343 shall be complied with.

e.

The dwelling units shall comply in all respects with the township building code and state plumbing, electrical, energy and fire codes and regulations.

f.

Every dwelling unit shall have not less than the required floor area specified under section 42-362.

(5)

Planned unit developments.

(6)

Adult uses. See section 42-214(c)(9).

(7)

Bed and breakfasts (see section 42-345(9)g).

(d)

Area, yard, height and bulk regulations. See section 42-271 for area, yard, height and bulk regulations.

(Code 2003, § 42-215; Ord. of 3-26-2001, § 4.4.4; Ord. of 5-20-2002; Ord. No. 2005-1 , § 42-215, 3-2-2005; Ord. No. 2006-2 , 3-16-2006; Ord. of 12-10-2019(2) )

It is recognized by this chapter that the value to the public of designating certain areas for certain types of industrial uses is represented in the employment opportunities afforded to citizens and the resultant economic benefits conferred upon the township. In order that this value may be maintained and this use encouraged, this chapter has established two zoning districts designed to regulate the location of industrial uses according to a well-considered plan which reflects the types of such uses and the intensity of land, street, and highway use in each such district, potential nuisances and hazards which may cause unsafe and unhealthy conditions, and the relationship of industrial uses to each other areas devoted to agricultural, residential, or commercial use and to streets, highways, and other means of transportation. To these ends, certain uses which would function more effectively in other districts and would interfere with the operation of these industrial activities and the purpose of these districts have been excluded. The purpose of each industrial district is further stated in the other sections of this division.

(Code 2003, § 42-241; Ord. of 3-26-2001, § 4.5)

(a)

Purpose.

(1)

The light industrial district is composed of those areas of the township whose principal use is and ought to be light manufacturing and other limited industrial uses. These uses generate a minimum of noise, glare, odor, dust, vibration, air and water pollutants, fire, explosive and radioactive hazards, and other harmful or obnoxious matter. This district has been located within the township to permit the development of these industrial uses, to protect adjacent agricultural, residential, and commercial areas against the encroachment of incompatible uses, and to lessen congestion of public streets and highways. To these ends, certain uses which would function more effectively in other districts and would interfere with the operation of these industrial activities and the purpose of this district have been excluded. When such use abuts the side and/or rear line of a lot in any R district, a compact evergreen hedge, solid wall or painted board fence not less than five feet shall be maintained at the property line.

(2)

No land shall be used or occupied, and no structure shall be designed, erected, moved, altered, used or occupied except for one or several of the permitted uses listed in this section and accessory uses thereto or for one or several of the conditional uses listed in this section.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Commercial laundries and dry cleaning establishments, and frozen food lockers and ice and cold storage plants.

(2)

Building material storage and sales.

(3)

Packaging of previously prepared materials, but not including the baling of discarded paper, rags, cloth, metal, iron, or other similar materials.

(4)

Printing, lithographic, blueprinting and similar uses.

(5)

Automobile repair garage, construction and farm equipment sales and repair, and contractor's equipment yards.

(6)

Warehousing, material distribution centers and wholesale sales establishments, provided all products and materials are enclosed within a building.

(7)

Skilled trade services, including plumbing, electric and heating, not engaged in any retail activities on the site.

(8)

Light industrial assembly which by the nature of the materials, equipment, and processes utilized is to a considerable extent clean, quiet, and free from any objectionable or dangerous nuisance or hazard, including any of the following goods or materials: pharmaceuticals, jewelry, musical instruments, sporting goods, glass products, small household appliances, electronic products, printed matter, baked and dairy products, advertising display, tents and awnings, brushes and brooms, cameras and photographic equipment and supplies, wearing apparel, leather products and luggage, but not including tanning, and products from such finished materials as plastic, bone, cork, feathers, felt, fiber, paper, glass, hair, horn, rubber, shell or yarn.

(9)

Research and testing facilities.

(10)

Essential service structures.

(11)

Marihuana uses as otherwise permitted by state law and the township's ordinances.

(c)

Conditional uses. Conditional uses are as follows:

(1)

Restaurants.

(2)

Bus, truck, taxi, and rail terminals.

(3)

Trucking and cartage facilities, including repairing and washing equipment and yards.

(4)

Recreational vehicle storage yards.

a.

These premises shall be used for the storage of recreational vehicles bearing a current license plate as of the time the vehicle is placed upon the premises, as well as maintaining a current plate and registration with the state during the full length of storage.

b.

All vehicles in storage must be contained inside of a minimum six-foot privacy fence.

c.

The sale of junked vehicles, or used vehicle parts, wrecked or salvage and/or inoperative or obsolete vehicles, at the site of a recreational vehicle storage yard is prohibited.

d.

The fundamental purpose of this subsection (c)(4) is to promote public health, safety, and general welfare by allowing storage of recreational vehicles in certain areas for the people of the township, and to prohibit and limit the storage of inoperable motor vehicles.

(5)

Government or community buildings, but not including schools.

(6)

Golf courses, including driving ranges.

(7)

Telecommunications towers.

(d)

Area, yard, height and bulk regulations. See section 42-271 for area, yard, height and bulk regulations.

(Code 2003, § 42-242; Ord. of 3-26-2001, § 4.5.1; Ord. of 5-20-2002; Ord. of 12-10-2019(3) )

(a)

Purpose.

(1)

The heavy industrial district is designed to provide suitable space for industrial operations of all types that can comply with all provisions of this chapter and can ensure protection of the public interest and surrounding property and persons. When such use abuts the side and/or rear line of a lot in any R district, a compact evergreen hedge, solid wall or painted board fence not less than five feet shall be maintained at the property line.

(2)

No land shall be used or occupied, and no structure shall be designed, erected, moved, altered, used or occupied except for one or several of the permitted uses listed in this section and accessory uses thereto or for one or several of the conditional uses listed in this section.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Manufacturing, processing and/or fabrication. Any structure used therefor shall be not less than 100 feet from any R or AG district.

a.

Automotive and aircraft parts (not including tires) and metal working, excluding presses of over 20 tons' capacity and machine-operated drop hammers.

b.

Automotive assembling, including major repair.

c.

Bag, rug and carpet cleaning.

d.

Bakery, large wholesale and chain types.

e.

Bottling plant, brewery, or dairy products plant.

f.

Candy, potato chips, and flavoring extracts.

g.

Cleaning or dyeing plants and laundries.

h.

Cold storage plant.

i.

Electrical equipment and motor assembly.

j.

Electric foundry or small foundry for nonferrous metals.

k.

Experimental laboratory.

l.

Felt and felt products.

m.

Flexible hose lines and fittings, basic manufacture.

n.

Garage maintenance tools and equipment.

o.

Garment making, apparel and accessories.

p.

Heating and air conditioning equipment.

q.

Mattress making and box springs.

r.

Paper products fabrication.

s.

Pharmaceuticals, cosmetics and toiletries.

t.

Plastic products from purchased plastic materials.

u.

Professional and scientific instruments.

v.

Surgical supports and hospital equipment.

w.

Tool and die shops—screw machine products.

x.

Tube fabrication, bending and welding.

y.

Wire fabricators.

z.

Wood products assembly.

aa.

Any other light manufacturing, processing and/or fabrication, but not including any uses specifically listed in subsection (b)(2) of this section.

(2)

Manufacturing (basic), processing and/or fabrication. Any structure used therefor shall be not less than 200 feet from any R or AG district.

a.

Abrasives, acid, alcohol, ammonia and asbestos.

b.

Bone black, carbon black, and lamp black.

c.

Brick, clay, or tile manufacture.

d.

Canning and preserving plants.

e.

Charcoal and coke, basic manufacture.

f.

Chemicals, manufacture or processing.

g.

Cinderblock fabrication.

h.

Creosote treatment.

i.

Detergents, soaps and byproducts.

j.

Forge plants and foundries.

k.

Fungicides and insecticides.

l.

Galvanizing and anodizing processes.

m.

Gases, manufacture.

n.

Glass products.

o.

Glue, size or gelatin, manufacture.

p.

Grain milling and mixing.

q.

Graphite manufacture.

r.

Insulation, manufacture or fabrication.

s.

Metals, ingots, castings, sheets, bars or rods.

t.

Oils and fats, animal or vegetable, manufacture.

u.

Paints, pigments, enamels, japans, lacquer, and varnishes.

v.

Paper pulp and cellulose.

w.

Paraffin, wax and wax products.

x.

Petroleum and petroleum products, refining and processing (buildings and/or plant to be located not less than 150 feet from the boundary line of the lot).

y.

Plastics, basic manufacture.

z.

Plating of metals.

aa.

Rubber and rubber products, manufacture.

bb.

Sauerkraut, vinegar and yeast, manufacture.

cc.

Sawmill or planing mill.

dd.

Serums, toxins, and viruses, manufacture.

ee.

Any other basic manufacturing, processing and/or fabrication, but not including any use specifically listed in subsection (c) of this section and/or those prohibited by any other law or ordinance.

(3)

Sale at wholesale and retail, warehousing and storage, and repair, rental and servicing of any of the uses enumerated in subsections (b)(1) and (2) of this section, provided any building used for such purpose shall be located not less than 75 feet from any R or AG district.

(4)

Other uses by right.

a.

Canteen service.

b.

Carnival, circus and other entertainment; provided, however, that the location and a permit therefor shall be provided by the township board.

c.

Contractor's yards for vehicles, equipment, materials and/or supplies, but excluding asphalt and cement mixing, provided that such yards shall be not less than 200 feet from any R or AG district.

d.

Gasoline service station, provided that any building used for such purposes shall not be nearer than 50 feet to any R or AG district.

e.

Landing field for airport or rotocraft, provided that any hangar or servicing facilities shall be not less than 500 feet from any R or AG district.

f.

Municipal buildings, including warehouses, outside storage and garages, provided that such buildings and premises shall be not less than 100 feet from any R or AG district.

g.

Parking and/or storage yards for motor vehicles (no junked vehicles) and including transport equipment, provided such yards shall be not less than 200 feet from any R or AG district.

h.

Trucking freight terminals and yards, provided such buildings shall be not less than 200 feet from any R or AG district.

i.

Marihuana uses as otherwise permitted by state law and the township's ordinances.

(c)

Conditional uses. Conditional uses are as follows:

(1)

Alkali plants, manufacture.

(2)

Asphalt plants.

(3)

Automobile wrecking and salvage yards. The owner, lessee or user of premises storing vehicles or chassis shall apply to the township board for authorization for such storage. Such authorization may be granted subject to reasonable regulations protecting the public health, safety and welfare, including, but not limited to, sufficient lot size and screening of stored vehicles from the public.

(4)

Building materials salvage yard.

(5)

Bulk storage of explosives.

(6)

Cement manufacture and concrete mixing operations.

(7)

Fertilizer manufacture.

(8)

Gravel and rock crushing operations.

(9)

Gypsum and other forms of plaster base manufacture.

(10)

Incinerators or reduction of garbage, refuse, bones, offal or dead animals.

(11)

Junkyards. The township board authorization shall only be granted after full compliance with chapter 55, part 4, dealing with the licensing and regulation of junkyards. Any township board authorization shall be conditioned upon continued compliance with the provisions of chapter 55, part 4.

(12)

Meat slaughtering.

(13)

Sanitary landfill and/or dump.

(14)

Stockyards and livestock auction yards.

(15)

Storage of liquid petroleum gas, 500 gallons or over.

(16)

Storage of flammable liquids, 3,000 gallons or over.

(17)

Any other industrial use which is determined by the township board to be of the same general character or similar nature as the uses listed in this subsection (c) and not prohibited by any other law or ordinance, provided application is made to the township board and a permit is issued for the operation thereof subject to section 42-348 and other limitations as follows:

a.

Every structure or premises used for such purposes shall be located not less than 500 feet from any R, AG or B district.

b.

Every structure or premises used for such purposes shall be located not less than 100 feet from any enumerated uses in subsections (b)(1) through (4) of this section.

c.

The township board may prescribe such additional limitations as are in its opinion necessary to secure the objectives of this chapter.

(18)

Automobile storage yards. These premises shall be used for the storage of vehicles bearing a current license plate as of the time the vehicle is placed upon the premises, and shall not be used for the stripping, salvaging, scavenging, or dismantling of vehicles or vehicle parts. The sale of junked vehicles, which are vehicles that have been wrecked or salvaged and are inoperative or obsolete, at the site of an automobile storage yard, must be conducted within the screened portion of the lot. The sale of used vehicles, which are vehicles that bear a current license plate as of the time the vehicle is placed upon the premises and vehicles in an operative condition, at the site of an automobile storage yard can be conducted anywhere within the screened portion of the lot or outside the screened portion of the lot in the front yard only.

(19)

Recreational vehicle storage yards.

a.

These premises shall be used for the storage of recreational vehicles bearing a current license plate as of the time the vehicle is placed upon the premises, as well as maintaining a current plate and registration with the state during the full length of storage.

b.

All vehicles in storage must be contained inside of a minimum six-foot privacy fence.

c.

The sale of junked vehicles, or used vehicle parts, wrecked or salvage, and/or inoperative or obsolete vehicles, at the site of a recreational vehicle storage yard is prohibited.

d.

The fundamental purpose of this subsection (c)(19) is to promote public health, safety, and general welfare by allowing storage of recreational vehicles in certain areas for the people of the township, and to prohibit and limit the storage of inoperable motor vehicles.

(20)

Light industrial use.

(21)

Telecommunications towers.

(d)

Area, yard, height and bulk regulations. See section 42-271 for area, yard, height and bulk regulations.

(Code 2003, § 42-243; Ord. of 3-26-2001, § 4.5.2; Ord. of 5-20-2002; Ord. No. 2005-3 , 8-17-2005; Ord. of 12-10-2019(4) )

District area, yard, height and bulk regulations shall be as set forth in the following table:

(Code 2003, § 42-271; Ord. of 3-26-2001, § 4.6; Res. of 1-22-2020(1) ; Res. of 1-22-2020(2) ; Res. of 1-22-2020(3) )

(a)

No building or structure shall hereafter be erected or altered to exceed the height, to occupy a greater percentage of lot area, or to have narrower or smaller rear yards, front yards, side yards, or other open spaces than prescribed for the district in which the building or structure is located.

(b)

No yard or lot existing at the time of passage of the ordinance from which this chapter is derived shall be reduced in dimension or area below the minimum requirements set forth for the district in which the yard or lot is located. Yards or lots created after the effective date of the ordinance from which this chapter is derived shall meet at least the minimum requirements established by this chapter.

(c)

No part of a yard or other open space required for or in connection with any structure for the purpose of complying with this chapter shall be included as part of a yard or open space similarly required for any other structure.

(d)

No basement or cellar shall be erected for dwelling purposes except after approval by the zoning board of appeals.

(Code 2003, § 42-272; Ord. of 3-26-2001, § 4.6.1)

(a)

Lots which abut on more than one street shall provide the required front yards along every street.

(b)

All front, side, and rear yards shall be the minimum perpendicular distance measured from the principal structure, excluding all projections not exceeding three feet in length from the structure wall.

(Code 2003, § 42-273; Ord. of 3-26-2001, § 4.6.2)

Width of a lot shall be considered to be the distance between straight lines connecting the front and rear lot lines at each side of the lot, measured across the rear of the required front yard; provided, however, that the width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80 percent of the required lot width, except in the case of lots on the turning circle of culs-de-sac, where the 80 percent requirement shall not apply.

(Code 2003, § 42-274; Ord. of 3-26-2001, § 4.6.3)

Exceptions to the maximum height regulations for each district specified in this chapter may be permitted subject to the following provisions:

(1)

Structures excepted from height limitations. The limitations affecting the height of structures shall not apply to the following appurtenant appendages and structures provided they comply with all other provisions of this chapter or any other applicable ordinances: parapet walls, chimneys, smokestacks, church spires, flagpoles, radio and television towers, penthouses for mechanical equipment, and water tanks.

(2)

Increased height. Building height in excess of the height above average ground level allowed in any district may be permitted by the board of appeals provided all minimum front, side, and rear yard depths are increased one foot for each additional one foot of height and provided that adequate fire protection and compatibility with existing structures' heights can be demonstrated.

(Code 2003, § 42-275; Ord. of 3-26-2001, § 4.6.4)

(a)

No detached accessory building or structure shall be located closer than ten feet to any other building or structure.

(b)

All detached accessory structures in any residential district shall be subject to the same dimensional requirements affecting the principal structure; except, however, such accessory structure may be placed not less than five feet from any rear lot line or the rear yard portion of any side lot line and shall not exceed ten feet side wall height with a 4/12 pitch not over 30 feet wide.

(c)

All accessory structures in nonresidential districts shall be subject to the same standards and requirements as specified in the table in section 42-271.

(Code 2003, § 42-276; Ord. of 3-26-2001, § 4.6.5)

In addition to the required setback lines provided elsewhere in this chapter, in group dwellings (including semi-detached and multiple dwellings) the following minimum distances shall be required between such dwellings:

(1)

Where buildings are front to front or front to rear, three times the height of the taller building, but not less than 70 feet.

(2)

Where buildings are side to side, one times the height of the taller building but not less than 20 feet.

(3)

Where buildings are front to side, rear to side, or rear to rear, two times the height of the taller building but not less than 45 feet.

(Code 2003, § 42-277; Ord. of 3-26-2001, § 4.6.6)

(a)

The intent of the planned unit development district is to permit flexibility in the regulation of land development; encourage innovation in land use and variety in design, layout, and type of structures constructed; achieve economy and efficiency in the use of land, natural resources, energy, and the provision of public services and utilities; encourage provision of useful open space; provide adequate housing, employment, and shopping opportunities particularly suited to the needs of the residents of the township; and encourage the use, reuse and improvement of existing sites and buildings when the uniform regulations contained in other zoning districts do not provide adequate protections and safeguards for the site or surrounding area.

(b)

This district is intended to accommodate developments with mixed or varied uses, and sites with unusual topography or unique settings within the community or on land which exhibits difficult or costly development problems and shall not be allowed where this zoning classification is sought primarily to avoid the imposition of standards and requirements of other zoning classifications rather than to achieve the purposes stated in this section.

(c)

The use of planned unit development (PUD) has been established as a specific district for residential purposes only, and a conditional use for those developments which include mixed use, including high density residential and office/commercial, or separate commercial or industrial uses in a park-like setting. The use of shared entrances/exits, common landscape treatment, and shared signage treatment provides enhanced identification, improved efficiency and possible cost savings through flexibility in design.

(Code 2003, § 42-301; Ord. of 3-26-2001, § 4.7)

All residential uses, business uses, office uses, light industrial uses, research uses, and all commercial uses or combinations of uses, may be permitted in a planned unit development.

(Code 2003, § 42-302; Ord. of 3-26-2001, § 4.7.a)

Any accessory use permitted in the residential, business and light industrial district in accordance with the regulations stated in section 42-276 may be permitted in a planned unit development.

(Code 2003, § 42-303; Ord. of 3-26-2001, § 4.7.b)

The following provisions shall apply to all planned unit development (PUD) zoning classifications:

(1)

Ownership. The entire parcel for which application is made must be under one ownership or the application must be made with the written authorization of all property owners.

(2)

Establishment, amendment or removal. A PUD zoning classification shall be established, amended or removed pursuant to the procedure set forth in article II, division 3, of this chapter and the additional procedures set forth in this section; provided, however, that a PUD zoning request may be initiated only by a property owner or a property owner's legal representative.

(3)

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

a.

The uses proposed shall have a beneficial effect, in terms of public health, safety, welfare or convenience or any combination thereof, on present and potential surrounding land uses. The uses proposed shall not adversely affect the public utility and circulation systems, surrounding properties, or the environment. This beneficial effect for the township (not the developer) shall be one which could not be achieved under any other single zoning classification.

b.

The uses proposed shall be consistent with the land use plan adopted by the township.

c.

The zoning is warranted by the design and amenities incorporated in the development proposal.

d.

Usable open space shall be provided at least equal to the total of the minimum usable open space which would be required for each of the component uses of the development. The township board may, if deemed appropriate, require for planned unit developments more or less usable open space than that required by this chapter.

e.

Off-street parking shall be sufficient to meet the minimum required by this chapter. The township board may, if deemed appropriate, require for planned unit developments more or less parking than that required by this chapter.

f.

Landscaping shall be provided so as to ensure that proposed uses will be adequately buffered from one another and from surrounding public and private property to meet the minimum requirements of this chapter. The township board may, if deemed appropriate, require for planned unit developments more or less landscaping than that required by this chapter.

g.

Vehicular and pedestrian circulation allowing safe, convenient, uncongested, and well-defined circulation within and to the district shall be provided.

h.

Major natural, historical and architectural features of the district shall be preserved.

(4)

Approval procedure. The PUD zoning approval shall involve two phases. The preliminary phase shall involve a review of the conceptual PUD development plan to determine its suitability for inclusion in the land use and zoning plans of the township and adoption by the township board as part of this chapter. The final phase shall require detailed site plans for any part of the conceptual PUD development plan prior to the issuance of building permits.

(5)

Material to be submitted. The applicant for any PUD zoning classification shall submit the following technical and/or graphic materials together with the application for a PUD classification preliminary phase approval:

a.

A complete amendment petition as required by this chapter shall be submitted, together with a PUD development plan showing all uses and allotted spaces, gross site area, street and vehicular access areas, number of each variety of habitable space (other than dwellings), total number and size of dwelling units, floor area per habitable space, and total open space.

b.

The PUD development plan shall indicate the entire contiguous holdings of the petitioner or owner who wishes to develop the entire parcel or any part thereof and shall include the area and use of land adjacent to the parcel to be developed, which plan shall exhibit any unusual problems of topography, utility service, land usage or land ownership. The plan shall also exhibit all existing and proposed structures, existing and proposed streets, open spaces and other features as required by ordinance or the land development regulations.

c.

The applicant shall present material as to the development's objectives and purposes to be served, economic feasibility, conformity to plans and policies of the township, market needs, impact on public schools, utilities, and circulation facilities, impact on natural resources, impact on the general area and adjacent property, and estimated cost, and a staging plan showing the general time schedule of and expected completion dates of the various elements of the plan.

d.

By special request of the township board, a work study model indicating the three-dimensional character of the proposal shall be presented if there is a proposed addition to the floor area of an existing building which results in an increase in land coverage or building height, or if any new buildings are proposed to be constructed. All applications shall include photographs of all sides of all existing buildings. Any additional graphics or written materials requested by the planning commission or township board to assist the township in visualizing and understanding the proposal shall be submitted.

(6)

Development plan review.

a.

The planning commission shall hold a meeting at which the petitioner shall present the proposed PUD development plan, and the commission shall provide the petitioner with its comments within 30 days after holding such a meeting. No fees shall be charged for the preliminary meeting.

b.

The petitioner shall next submit to the clerk sufficient copies of the PUD development plan, together with appropriate review fees. Copies of the plan as submitted shall be distributed promptly by the clerk to the appropriate governmental agencies for review to determine if the development concept can be accommodated by the existing public utility, street, and general governmental service facilities, or if any additions to or extensions of facilities are necessary for the project.

c.

The planning commission shall notify the petitioner of any questions raised by the governmental agencies during the review and shall submit like information to the planning commission for its consideration, along with a report which evaluates the planning aspects of the project and its impact on the present and future development of that part of the township in which it is located.

d.

The planning commission shall, after holding a public hearing on the PUD development plan and reviewing the reports, make its recommendation to the township board on the plan within 60 days of its date of filing unless such time is agreed to be extended by the petitioner in writing; provided that the planning commission may extend this time for periods not to exceed 30 days each if such extensions are necessary for adequate review.

e.

If the PUD development plan is rejected by the planning commission, its reasons therefor shall be specified in writing and approved by the planning commission.

f.

The planning commission's recommendations and all related reports shall be submitted to the township board for its consideration. The township board shall, after holding a public hearing on the PUD development plan and petition, take final action on the plan and petition within 90 days of the date it receives a report from the planning commission, or such reasonable extension of time as may be necessary for adequate review.

g.

Any conditions of approval required by the township board shall be satisfied by the petitioner or owner prior to subsequent final phase site plan approval and prior to the issuance of any building permits. The clerk shall keep a special record of all approved PUD development plans and approval conditions.

(7)

Effect of preliminary phase approval of development plan. Approval of the PUD development plan by the township board shall rezone the property to a PUD zoning classification for uses as shown on the PUD development plan and shall confer upon the owner the right to proceed through the subsequent planning phase in accordance with regulations and ordinances in effect at the time of the township board's approval for a period not to exceed three years from date of approval, unless subsequent regulations or ordinances are specifically made applicable to developments which have been so approved. If final phase site plans have not been submitted for approval before the termination of the three-year period, the subsequent site planning must conform to the regulations, ordinances and laws in effect at the time the site plan is submitted.

(8)

Final phase of site plan approval.

a.

The petitioner shall submit to the clerk sufficient copies of the PUD site plan for all or any part of the development, in accordance with the uses and concepts as shown on the approved PUD development plan, together with appropriate review fees. The site plan for each stage shall include final detailed information required in section 42-346.

b.

Copies of the PUD site plan as submitted shall be distributed promptly by the clerk to the appropriate governmental agencies for review and comment regarding the legal requirements of the township.

c.

By special request of the township board, a detailed scale model indicating the three-dimensional character of the proposal will be required if there is a proposed addition to the floor area of an existing building which results in an increase in land coverage or building height, or if any new buildings are proposed to be constructed. All applications shall include photographs of all sides of all existing buildings. Any additional graphics or written materials requested by the planning commission or township board to assist the township in visualizing and understanding the proposal shall be submitted.

d.

A detailed listing of existing and/or proposed exterior materials shall be provided and will become part of the PUD site plan.

e.

The planning commission shall notify the petitioner of any questions raised by the governmental agencies during the review and shall consider like information.

f.

The planning commission shall, after holding public hearings on the PUD site plan, make its recommendation to the township board within 60 days of its date of filing unless such time is agreed to be extended by the petitioner in writing; provided that the planning commission may extend such time for periods not to exceed 30 days each if such extensions are necessary for adequate review.

g.

If the PUD site plan is rejected by the planning commission, its reasons therefor shall be specified in writing and approved by the planning commission.

h.

The planning commission's recommendations and all related reports shall be submitted to the township board for its consideration.

i.

The township board shall, after holding public hearings on the PUD site plan, take final action within 30 days of the date of the recommendations by the planning commission unless such time is agreed to be extended by the petitioner in writing, provided that the township board may extend such time for periods not to exceed 30 days each if such extensions are necessary for adequate review.

j.

If the site plan is rejected by the township board, its reasons shall be based upon the standards of review listed in this section, specified in writing, and approved by the township board.

k.

Approval of the final PUD site plan shall entitle the petitioner to apply for building permits.

(9)

Time for completion of development. The proposed planned unit development district and all proposed buildings, parking spaces, landscaping, usable open space, and amenities must be started within three years of the establishment of the district and work must be continued in a reasonably diligent manner and completed within five years of the establishment of the district. The five-year period may be extended if applied for by the petitioner and granted by the board in writing following public notice and public hearings as defined in this chapter. Failure on the part of the petitioner to secure the written extension shall result in the stoppage of all construction.

(10)

Deviations from approved site plan.

a.

Minor changes to a previously approved PUD site plan may be approved without the necessity of planning commission or township board action thereon if the heads of the appropriate governmental agencies and zoning administrator certify in writing that the proposed revision constitutes a minor alteration and does not alter the basic design or any specific conditions of the plan as agreed upon by the planning commission and township board. The zoning administrator shall record all such changes on the original PUD site plan and shall advise the planning commission and township board of all such minor revisions within 15 days of the administrative approval. Minor alterations or revisions under this subsection shall be limited to:

1.

Addition or relocation of fire escapes.

2.

Shifting of building heights and elevations, providing such shifting does not exceed ten percent of the previously approved dimension and providing such shifting does not significantly alter the conceptual integrity of the plan.

3.

Construction of additional or alteration of approved sidewalks, provided that the full intent of pedestrian movement through and around the site is not inhibited thereby.

4.

Shifting of, additions to, or changes in species of landscape materials, provided that such change does not reduce the minimum landscape requirements.

5.

Relocation of refuse collection stations.

6.

Internal rearrangement of parking lots and curb cut locations, provided such functional rearrangement does not reduce the total number of parking spaces required, and further provided that the minimum landscape requirements are maintained and further provided that such rearrangement does not inhibit good traffic flow or circulation.

7.

Any decrease in building size or changes in bedroom counts per dwelling unit, provided such change is no more than ten percent of the total number of units.

8.

Installation of recreational or maintenance facilities that do not require erection of a structure intended for human use or occupancy.

b.

A PUD final phase site plan approval shall be assigned only after township board approval of the preliminary phase PUD development plan and rezoning of the property as required by this chapter. Any deviation from the approved PUD site plan, except as authorized in subsection (10)a of this section, shall be considered a violation of this chapter and is subject to the penalties stated in this chapter. Further, any such deviation shall result in notice of the owner that rezoning procedures will be initiated by the township board.

c.

Major deviations from the approved PUD site plan shall be permitted upon completion of requirements of subsection (8) of this section and approval of the township board upon recommendation of the planning commission in accordance with this division.

(Code 2003, § 42-304; Ord. of 3-26-2001, § 4.7.c)

The purpose of this division is to allow for new concepts of single-family housing development so that variations of design may be allowed, provided that the net residential density shall be no greater than is permitted in the district in which the development is proposed. Notwithstanding other provisions of this division relating to dimensional requirements, the planning commission, in reviewing and approving proposed site plans for residential developments designed per this section, may modify such provisions related to dimensional requirements to permit innovative approaches to housing and environmental design in accordance with the standards of this division. These provisions shall not be construed as granting variances to relieve hardship.

(Code 2003, § 42-316; Ord. of 12-18-2002, § I)

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

Cluster housing means the grouping together of single-family residences on smaller lots than normally allowable in the township.

Cottage industry shall not be permitted in cluster housing.

Lot means a parcel of land on which a single-family residence is located.

Open space means that area of land in a cluster housing development which may not be developed.

Single-family residence means a residence limited to one family; not to exceed two stories, excluding subsurface basement.

Tract of land means total acreage to be devoted to the cluster housing development.

(Code 2003, § 42-317; Ord. of 12-18-2002, § XI)

This division shall apply to all proposals for cluster housing development to preserve open space.

(Code 2003, § 42-318; Ord. of 12-18-2002, § III)

(a)

Validity and separability. Should any section or provision of this division be declared by any court to be invalid, such decision shall not invalidate any other section or provision of this division.

(b)

Conflict with other laws. Whenever the requirements of this division are inconsistent with the requirements of any other ordinance, code or statute, the more restrictive shall apply.

(Code 2003, § 42-319; Ord. of 12-18-2002, § IX)

The township may seek to enjoin any person from occupying or making any use of any structure erected or established in a manner contrary to the provisions of this division.

(Code 2003, § 42-320; Ord. of 12-18-2002, § X)

(a)

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

Undeveloped state means a natural state preserving natural resources, natural features, or scenic or wooded conditions, agricultural use, open space, or a similar use or condition. The term "undeveloped state" does not include a golf course, but may include a recreational trail, picnic area, children's play area, greenway, or linear park.

(b)

Open space preservation. In order to comply with section 16(h), as added to the township zoning act as provided in Public Act No. 177 of 2001 (MCL 125.286h), notwithstanding the generally applicable minimum lot frontage/lot width and minimum lot area per dwelling unit requirements of this division, land zoned for residential development may be developed, at the option of the land owner, as a conditional use in the applicable zoning district with the same number of dwelling units that could otherwise be developed on the land under existing ordinances, laws, and rules, on not more than 50 percent of the land, if all of the following apply:

(1)

The land is zoned at a density equivalent to two or fewer dwelling units per acre; or, if the land is served by a public sewer system, three or fewer dwelling units per acre.

(2)

Not less than 50 percent of the land area will remain perpetually in an undeveloped state by means of a conservation easement, plat dedication, restrictive covenant, or other legal means that runs with the land.

(3)

The development does not depend upon the extension of a public sewer or public water supply system, unless development of the land without the exercise of the development option provided by this division would also depend upon such an extension.

(4)

The development option provided pursuant to this section has not previously been exercised with respect to the subject property.

(c)

Applicability of other ordinances, laws and rules to development of land. The development of land under this section is subject to all other applicable ordinances, laws, and rules, including, but not limited to:

(1)

The provisions of this chapter that are not in conflict with and preempted by section 16(h) of the township zoning act as added by Public Act No. 177 of 2001 (MCL 125.286h).

(2)

The land division act (formerly the subdivision control act, MCL 560.101 et seq.).

(3)

Any ordinance regulating the division of land, the platting of land into subdivisions, or the creation of a site condominium.

(4)

Rules relating to suitability of groundwater for on-site water supply for land not served by public water.

(5)

Rules relating to suitability of soils for on-site sewage disposal for land not served by public sewers.

(Code 2003, § 42-321; Ord. of 12-18-2002, § II)

The planning commission may allow a site plan for a subdivision development on reduced lot sizes in return for open space where the commission determines that the benefits of the cluster approach will prevent the loss of natural features without increasing the net density of the development. The developer shall submit a site plan for a cluster development. Two sketch plans shall be submitted with one layout as a standard subdivision and the second as a cluster development indicating open space and significant natural features. Each lot in the standard subdivision shall meet the minimum lot size and lot width requirements of this division, and, if not serviced by a public sewer, have an area suitable for subsurface wastewater disposal according to the most current applicable codes. If public sewer or public water is available, the services must be used by the developer.

(Code 2003, § 42-322; Ord. of 12-18-2002, § IV)

The basic requirements for cluster development and open space preservation are as follows:

(1)

Cluster developments shall meet all requirements for a subdivision, any street ordinance, and all other applicable township ordinances, subject to planning commission site plan approval.

(2)

Each proposed structure shall be an element of an overall plan for site development. Only developments having a total site plan for structures will be considered. The developer shall illustrate the placement of structures and the treatment of spaces, paths, roads and parking and in so doing shall take into consideration all requirements of this division.

(3)

The net residential acreage shall be calculated by taking the total area of the tract of land involved and subtracting 15 percent of the area of the lot to account for roads and parking.

(4)

In order to determine the maximum number of lots permitted on a tract of land, the net residential acreage shall be divided by the applicable minimum lot size required in the township.

(5)

The total area of the undeveloped land within the development shall be at least equal to 50 percent of the area to be developed.

(6)

The distance between the structures shall not be less than 25 feet. No single building shall be higher than 35 feet.

(7)

There shall be a maximum of one direct vehicular access onto a public road per five lots, with the department of transportation's or road commissioner's approval of the access locations.

(8)

Riparian frontage shall not be reduced below the minimum normally required in the zone.

(9)

Where possible, structures shall be oriented with respect to scenic vistas, natural landscape features, the topography of the site, solar energy, and natural drainage areas, in accordance with an overall plan for the site development.

(10)

The applicant shall demonstrate the availability of water adequate for domestic purposes. The location of all wells shall be shown on the plan. Wells and septic systems shall be permitted only if township water and sewer are not available.

(11)

The location of subsurface wastewater disposal systems and an equivalent reserve area for replacement systems shall be restricted so as not to be built upon. The report of a licensed civil engineer attesting to this provision shall accompany the plan. All proposed wells and septic systems must meet all applicable codes.

(12)

Utilities shall be installed underground. Transformer boxes, pumping stations and meters shall be located so as not to be unsightly or hazardous to the public.

(Code 2003, § 42-323; Ord. of 12-18-2002, § V)

Dedication and maintenance of common open space and facilities shall be as follows:

(1)

Common open space shall be dedicated upon approval of the project. There shall be no further subdivision of this land. However, easements for public utilities may be permitted.

(2)

The common space shall be shown on the development plan and with the appropriate notation on the face thereof to indicate that the common space shall not be used for future development.

(3)

The developer shall establish and incorporate a neighborhood development association and specify the anticipated membership thereof prior to approval of the final plan. Covenants providing for mandatory membership in the association and setting forth the members' rights, interest and privilege in the association and in the common open space shall be approved by the planning commission for inclusion in the deed for each unit ownership in the proposed development. A neighborhood development association shall have the responsibility for maintaining the local neighborhood recreational facilities, if any, within the open space at its expense. The developer shall maintain control of any such open space and shall be responsible for maintaining it until the neighborhood development association has attained 75 percent of its anticipated total membership.

(Code 2003, § 42-324; Ord. of 12-18-2002, § VI)

(a)

The common open space shall remain perpetually in an undeveloped state by means of a conservation easement, plat dedication, restrictive covenant, or other legal means that runs with the land. It may be usable for low-intensity recreation, agriculture or other passive outdoor living purposes and for preserving the natural features of the site.

(b)

Such uses shall not include rights-of-way or parking areas or tennis courts, swimming pools or similar recreational development, which shall be shown or designed separately on the plan for site development.

(c)

The use of any open space may be further limited or controlled at the time of final approval where necessary to protect adjacent properties.

(Code 2003, § 42-325; Ord. of 12-18-2002, § VII)

(a)

Application for conditional use permit. Applications for conditional use permits shall be submitted in writing as provided by this division. The planning commission may require the submission of whatever information it deems necessary to determine compliance with the provisions of this division.

(b)

Procedure for site plans. Within 30 days of receipt of a written application, the planning commission shall notify the applicant in writing either that the application is a complete application, or, if the application is incomplete, the specific material needed to make a complete application. All permits shall either be approved or denied in writing within 30 days of receiving a completed application, including all requested information. Permits shall not be denied if the proposed use is found to be in conformance with the provisions of this division. Permits may be made subject to reasonable conditions to ensure conformity with the purposes and provisions of this division.

(Code 2003, § 42-326; Ord. of 12-18-2002, § VIII)