It is the purpose of this article to provide regulations and requirements for signs to be low profile and aesthetically appealing, that supplement the provisions contained under the respective district regulations in article III of this chapter, which may or may not apply in all zoning districts.

(Code 2003, § 42-341; Ord. of 3-26-2001, § 5.1)

(a)

General regulations.

(1)

No sign shall be erected at any location where, by reason of the position, size, shape, color, movement, or illumination, the sign may interfere with or obstruct the view of traffic, nor shall any sign be confused with any authorized traffic sign, signal, or device.

(2)

All signs shall be designed, constructed, and maintained so as to be appropriate in appearance with the existing or intended character of their vicinity so as not to change the aesthetic character of such area.

(3)

In the agricultural district and neighborhood business district, signs may be illuminated only by non-flashing light. Any light used to illuminate such signs shall be so arranged as to reflect light away from adjoining premises and streets.

(4)

In the community business, general business and highway business districts, and the light industrial and heavy industrial districts, all signs may be illuminated internally or by reflected light, provided the source of light is not directly visible and is so arranged to reflect away from the adjoining premises and streets. No illumination involving movement by reason of the lighting arrangement or other devices shall be permitted.

(5)

All signs shall be placed no closer to the street right-of-way line than one-half the minimum authorized front yard depth.

(6)

In all business and industrial districts, a sign designed as a portable or mobile sign which is in compliance with this section may be used on each street frontage. A valid permit will be required for each sign in each location. Permits shall be issued for a maximum of 30 days. No more than three permits shall be issued in any 12-month period.

(7)

Each sign will further comply with the following:

a.

Signs shall be marked with the manufacturer's name.

b.

Signs shall be listed with a recognized testing laboratory in accordance with the National Electrical Code.

c.

Sign troughs, tube terminal boxes, and other metal frames shall be grounded.

d.

Signs shall be plugged into an approved exterior outlet.

e.

Electrical conductors of an appropriate rating and listed for such outdoor use and approved by a testing laboratory shall be used and shall not be run on vehicle driveways or walkways.

f.

The complete sign unit shall be firmly anchored to the ground or to a structure.

(b)

Permitted on-site signs in agricultural district. The following on-site signs are permitted on any one lot in the agricultural district:

(1)

One on-site sign advertising the sale or lease of the lot, chattels, or building, not exceeding six square feet in area.

(2)

One on-site sign announcing a home occupation, not to exceed three square feet in area.

(3)

One on-site sign identifying a park, school building, or other authorized use, not to exceed 18 square feet in area.

(4)

One on-site sign advertising the type of farm products grown on the farmstead, not to exceed 12 square feet in area.

(c)

Permitted on-site signs in residential districts. The following on-site signs are permitted on any one lot in residential districts. The maximum height of these signs shall not exceed eight feet.

(1)

One on-site sign advertising the sale or lease of the lot, chattels, or building, not exceeding six square feet in area.

(2)

One on-site sign announcing a home occupation, boarding home, or professional service, not to exceed three square feet in area. The sign shall be attached flat against the front wall of the building.

(3)

One on-site sign advertising a recorded subdivision or development, not to exceed 32 square feet in area. Such sign shall be removed within one year after the sale of 75 percent of all lots or units within the subdivision or development.

(4)

One on-site sign not having commercial connotations identifying a multiple-family building or development or mobile home park, not to exceed 18 square feet in area.

(5)

One on-site sign identifying a school, church, public building, or other authorized use, not to exceed 18 square feet in area.

(d)

Permitted on-site signs in neighborhood business district. The following on-site signs are permitted on any one lot in the neighborhood business district. The maximum height of these signs is not to exceed 12 feet.

(1)

One on-site freestanding identification sign may be affixed flat against the wall of a building. The total sign area shall not exceed one-quarter square foot for each foot in length or height of the wall, whichever is greater. No such sign shall extend above the wall to which it is affixed.

(2)

One on-site freestanding identification sign may be erected for a neighborhood shopping center. Such sign shall not exceed 32 square feet in area, or be closer to the front, side, or rear property line than one-half the distance of the required setback.

(3)

One on-site freestanding identification sign may be erected for each separate enterprise situated on an individual lot not within a shopping center. Such sign shall not exceed 18 square feet in area, or be closer to the front, side, or rear property line than one-half the distance of the required setback.

(e)

Permitted on-site signs in community business, general business and highway business districts and all industrial districts.

(1)

The following on-site signs are permitted on any one lot in the community business, general business, and highway business districts, and all industrial districts. The maximum height of these signs shall not exceed the following:

(2)

One on-site sign may be affixed flat against the wall of the building or may project therefrom not more than 48 inches. The total sign area shall not exceed one-half square foot for each foot in length or height of the wall.

(3)

One on-site freestanding identification sign may be erected for a shopping center or other integrated group of stores or commercial buildings. The area of the sign shall be based on one square foot for each front foot of the building, or buildings, for which it is established; however, it shall not exceed 200 square feet in area. The sign shall not be closer to the front, side, or rear property line than one-half the distance of the required building setback.

(4)

One on-site freestanding identification sign may be erected for each separate enterprise situated on an individual lot not located within a shopping center. Such sign shall not exceed 80 square feet in area, and shall not be closer to the front, side, or rear property line than one-half the distance of the required building setback.

(f)

Off-site signs. Off-site signs (signs advertising a product for sale or a service to be rendered at a location other than the premises) shall be permitted in the highway business district, all industrial districts, and the agricultural district under the following conditions:

(1)

Off-site signs are required to conform to the same yard and height requirements as other principal structures or buildings in the district in which they are situated.

(2)

Where two or more off-site signs are along the frontage of a single street or highway, they shall not be less than 1,000 feet apart. A double-face (back to back) or a V-type structure shall be considered a single sign.

(3)

The total surface area facing in the same direction of any off-site sign shall not exceed 300 square feet.

(4)

No off-site sign shall be erected on the roof of any building, nor shall one sign be located above another sign.

(5)

Off-site signs may be illuminated by reflected light only, provided the source of light is not directly visible and is so arranged to reflect away from the adjoining premises and provided that such illumination shall not be so placed as to cause confusion or a hazard to traffic or conflict with traffic control signs or lights. No illumination involving movement by reason of lighting arrangement or other devices shall be permitted.

(g)

Signs for automobile service stations. Notwithstanding other provisions of this chapter, one permanently installed sign shall be permitted on each street frontage, installed so that a clear view of street traffic by motorists or pedestrians shall not be obstructed in any way to a height of 16 feet other than necessary supports, and not exceeding 25 square feet in area. A sign or legend may also be placed flat on the main building or fuel pump canopies.

(h)

Elimination of nonconforming signs. The provisions of section 42-347 shall apply to all nonconforming signs.

(Code 2003, § 42-342; Ord. of 3-26-2001, § 5.2)

In all districts, there shall be provided, at the time any building, structure, or use is established, enlarged, or increased in capacity, off-street parking spaces for motor vehicles with the requirements specified in this section. Such off-street parking spaces shall be maintained and shall not be encroached upon by structures or other uses so long as the principal building, structure, or use remains, unless an equivalent number of such spaces are provided elsewhere in conformance with this chapter. Access routes shall be limited and defined. Off-street parking requirements are as follows:

(1)

Plans. Plans and specifications showing required off-street parking spaces, including the means of access and interior circulation, shall be submitted to the zoning administrator for review at the time of application for a zoning compliance permit for the erection or enlargement of a building.

(2)

Location of parking area. Required off-street parking facilities shall be located on the same lot as the principal building or on a lot within 300 feet thereof, except that the distance shall not exceed 150 feet for any dwelling unit. This distance specified shall be measured from the nearest point of the parking facility to the nearest point of the building or use that such facility is required to serve.

(3)

Parking in residential districts. Parking in residential districts shall be limited to passenger vehicles, pickup trucks, vans and not more than one commercial vehicle of the light delivery type, provided that no such vehicles shall exceed a one-ton rating. The parking of any other type of commercial vehicle is prohibited in a residential zone. However, recreational vehicles are exempt from this provision.

(4)

Parking area design.

a.

Dimensions of parking spaces. Each off-street parking space for automobiles shall be not less than nine feet in width and 18 feet in depth for all angular, perpendicular, or parallel type parking, exclusive of access drives or aisles, and shall be of usable shape and condition.

b.

Access drives. There shall be provided a minimum access drive of 12 feet in width for one-way traffic and 20 feet for two-way traffic, and where a turning radius is necessary, it will be of such an arc as to reasonably allow an unobstructed flow of vehicles.

c.

Width of aisles. Parking aisles for automobiles shall be of sufficient width to allow a minimum turning movement in and out of parking spaces. The minimum width of such aisles shall be as follows:

1.

For 90-degree or perpendicular parking, the aisle shall not be less than 22 feet in width.

2.

For 60-degree parking, the aisle shall not be less than 18 feet in width.

3.

For 45-degree parking, the aisle shall not be less than 13 feet in width for one-way traffic and 18 feet in width for two-way traffic.

4.

For parallel parking, the aisle shall not be less than ten feet in width.

d.

Pedestrian walkways. There shall be provided sufficient pedestrian walkways to ensure pedestrian safety from parking spaces to use structures.

e.

Setback from property lines. All off-street parking spaces shall not be closer than five feet to any property line, except where a wall, fence, or compact planting strip exists as a parking barrier along the property line.

f.

Surfacing and drainage. All off-street parking areas shall be drained so as to prevent drainage to abutting properties and shall be constructed of materials which will have a dust-free surface resistant to erosion.

g.

Lighting. Any lighting fixtures used to illuminate any off-street parking area shall be so arranged as to reflect the light away from any adjoining residential or institutional premises, or public roadways.

h.

Screening. Any off-street parking area providing space for five or more vehicles shall be effectively screened on any side which adjoins or faces property adjoining a residential lot or institution, by a wall, fence, or compact planting not less than four feet in height. Plantings shall be maintained in good condition and not encroach on adjoining property.

i.

Backing vehicles onto public road. All off-street parking areas that make it necessary for vehicles to back out directly into a public road are prohibited, provided that this prohibition shall not apply to off-street parking areas of one- or two-family dwellings.

(5)

Collective parking. Requirements for the provision of parking facilities with respect to two or more property uses of the same or different types may be satisfied if the permanent allocation of the requisite number of spaces designated is not less than the sum of individual requirements.

(6)

Units of measurement for determination of requirements. For the purposes of determining off-street parking requirements, the following units of measurement shall apply:

a.

Floor area. In the case where floor area is the unit for determining the required number of off-street parking spaces, such unit shall mean the gross floor area, except that such floor area need not include any area used for parking within the principal building and need not include any area used for incidental service storage, installations of mechanical equipment, penthouse housing ventilators and heating systems, and similar uses.

b.

Places of assembly. In stadiums, sports arenas, churches, and other places of assembly in which those in attendance occupy benches, pews, or other similar seating facilities, such seating facility shall be counted as one seat. In cases where a place of assembly has both fixed seats and open assembly area, requirements shall be computed separately for each type and added together.

c.

Fractions. When units of measurement determining the number of required parking spaces result in a requirement of a fractional space, any fraction up to and including one-half shall be disregarded and fractions over one-half shall require one parking space.

(7)

Schedule of required parking spaces. The minimum required off-street parking spaces shall be set forth in the following schedule of off-street parking spaces. Where a use is not specifically mentioned, the parking requirements of a similar or related use shall apply.

(8)

Exception for certain contiguous uses. The parking requirements for all uses proposed on a lot shall be cumulative, unless the zoning administrator shall find that the parking requirements of a particular land use occur at different hours from those of other contiguous land uses, such that particular land use parking areas can be advantageously used during nonconflicting hours by the other contiguous land use, in which event the required parking spaces for such particular land use may be reduced by the zoning administrator to a minimum of the greatest number of spaces required for any of such contiguous land uses.

(Code 2003, § 42-343; Ord. of 3-26-2001, § 5.3)

In connection with every building, structure, or use hereafter erected, except single-family and two-family dwelling unit structures, which customarily receives or distributes material or merchandise by vehicle, there shall be provided, on the same lot with such buildings, off-street loading and unloading space as follows:

(1)

Plans. Plans and specifications showing required loading and unloading spaces, including the means of ingress and egress and interior circulation, shall be submitted to the zoning administrator for review at the time of application for a zoning compliance permit.

(2)

Loading area design.

a.

Each off-street loading and unloading space shall not be less than ten feet in width and 55 feet in length measured from the lot line with not less than 15 feet in height clearance.

b.

Any loading-unloading space shall not be closer than 50 feet to any other lot located in any residential district unless wholly within a completely enclosed building or unless enclosed on all sides by a wall, fence, or compact planting not less than six feet in height.

c.

All off-street loading and unloading facilities that make it necessary to back out directly into a public road shall be prohibited.

(3)

Required number of spaces.

a.

In the case of mixed uses on one lot or parcel, the total requirements for off-street loading-unloading facilities shall be the sum of the various uses computed separately.

b.

All retail sales facilities having over 5,000 square feet of gross floor area shall be provided with at least one off-street loading-unloading space, and, for every additional 20,000 square feet of gross floor space, or fraction thereof, one additional loading-unloading space.

c.

All industrial and wholesale commercial land uses shall provide one loading space for each 10,000 square feet of floor space, with a minimum of not less than two loading spaces.

(Code 2003, § 42-344; Ord. of 3-26-2001, § 5.4)

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. In addition to such permitted compatible uses, however, there are certain other uses which may be necessary or desirable to allow in certain locations in certain districts, but which because of their actual or potential impact on neighboring uses or public facilities need to be carefully regulated with respect to their location for the protection of the township. Such uses, on account of their peculiar location need or the nature of the service offered, may have to be established in a district in which they cannot be reasonably allowed as a permitted use.

(1)

Authority to grant permits. The planning commission, as provided in this section, shall have the authority to recommend to the township board to grant conditional use permits, subject to such conditions of design, operation, and safeguards as the township board may determine, for all conditional uses specified in the various district provisions of this chapter.

(2)

Filing of application; fee. Application for any conditional use permit permissible under the provisions of this chapter shall be made to the planning commission through the township clerk by filling out an official conditional use permit application form, submitting required data, exhibits, and information, and depositing the required fee as established by resolution of the township board. No part of such fee shall be returnable to the applicant.

(3)

Data, exhibits and information required in application. An application for a conditional use permit 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 and proposed location of all structures thereon, the types thereof, and their uses; and a statement of supporting data, exhibits, information, and evidence regarding the required findings set forth in this section.

(4)

Public hearings.

a.

The planning commission shall hold a public hearing upon any application for a conditional use permit, notice of which shall be given by one publication in a newspaper of general circulation in the township, within 15 days but not less than three days next preceding the date of the hearing.

b.

Notice of the public hearing shall be sent at least ten 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 occupants of all single-family and two-family dwellings within 300 feet.

(5)

Required standards and findings for making determination. The planning commission shall review the particular circumstances and facts of each proposed use in terms of the following standards and required findings, and shall find and record adequate data, information, and evidence to determine if such a use on the proposed site, lot, or parcel meets the following requirements:

a.

Will be harmonious with and in accordance with the general objectives, intent, and purposes of this chapter.

b.

Will be designed, constructed, operated, maintained, and managed so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity.

c.

Will be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, and refuse disposal, or that the persons responsible for the establishment of the proposed use shall be able to provide adequately any such service.

d.

Will not be hazardous or disturbing to existing or future neighboring uses.

e.

Will not create excessive additional requirements at public cost for public facilities and services.

(6)

Determination and imposition of conditions. If the facts presented in the case do not reasonably establish that the findings and standards set forth in this section will apply to the proposed use, the planning commission shall not recommend to the township board that the township board should grant a conditional use permit. In recommending that a conditional use permit should be granted by the township board, the planning commission shall recommend such conditions of use as it deems necessary and reasonable, and the reasons therefor, to protect the best interest of the township and the surrounding property owners and occupants to achieve the objectives of this section.

(7)

Approval. Upon holding a public hearing and the finding that the requirements of subsections (2) through (6) of this section have been satisfactorily met by the applicant, the planning commission shall within 30 days recommend approval or disapproval to the township board. When the board gives final approval, a conditional use permit shall be issued to the applicant. The township board shall within 45 days grant or refuse such permit, and, if granted, shall forward copies of the permit to the applicant, clerk, zoning administrator, and planning commission. The zoning administrator shall not issue a zoning compliance permit until he has received a copy of the conditional use permit approved by the township board and determined that the stipulated conditions have been met.

(8)

Termination of permit; performance bond.

a.

Any conditional use permit granted under this section shall become null and void and fees forfeited unless construction and/or use is commenced within a period of not more than 210 days and completed within a period of not more than 575 days of the date of issuance. The period for initiating and completion of the conditional use shall be determined at the time the conditional use permit is granted. No use provided for under the conditional use permit granted shall be initiated until all the terms and conditions of the conditional use permit are met.

b.

A violation of a requirement, condition, or safeguard shall be considered a violation of this chapter and grounds for the township board to terminate and cancel the conditional use permit.

c.

A performance bond may be required by the township board as specified in section 42-4.

(9)

Additional development requirements for certain uses. A conditional use permit shall not be issued for the uses specified in this subsection unless complying with the size and development requirements as specified in this subsection. The zoning board of appeals may impose additional conditions and safeguards when deemed necessary by that body.

a.

Quarries. The removal of soil, sand, gravel, stone, and other earth materials shall be subject to the following conditions:

1.

There shall be not more than one entranceway from a public road to the lot for each 500 feet of front lot line.

2.

Removal, processing, transportation, and activities relating to storage, such as stockpiling, shall not take place before sunrise or after sunset.

3.

On the lot, no digging or excavating shall take place closer than 100 feet to any lot line, or such greater distance as may be required by prevailing conditions.

4.

On the lot, all roads, driveways, parking lots, and loading and unloading areas within 100 feet of any lot line shall be paved, oiled, watered, or chemically treated so as to limit nuisances to adjoining lots and public roads caused by windborne dust.

5.

Any odors, smoke, fumes, or dust generated on the lot by any digging, excavating, processing, stockpiling, or transportation operation and borne or able to be borne by wind shall be confined within the lines of the lot as much as is possible so as not to cause a nuisance or hazard on any adjoining lot or public road.

6.

Such removal, processing, or storage shall not be conducted as to cause the pollution by any material of any surface or subsurface watercourse or water body outside the lines of the lot on which such use shall be located.

7.

Such removal, processing or storage shall not be conducted as to cause or threaten to cause the erosion by water of any land outside of the lot or of any land on the lot so that earth materials are carried outside of the lines of the lot. Such removal shall not be conducted as to alter the drainage pattern of surface or subsurface waters on adjacent property. If such removal, processing, or storage shall cease to be conducted, it shall be the continuing responsibility of the owner or operator thereof to ensure that no erosion or alteration of drainage patterns, as specified in this subsection, shall take place after the date of the cessation of operation.

8.

All fixed equipment and machinery shall be located at least 100 feet from any lot line and 500 feet from any residential zoning district; but if the zoning classification of any land within 500 feet of such equipment or machinery shall be changed to residential subsequent to the operation of such equipment or machinery, the operation of such equipment or machinery may continue thenceforth but in no case less than 100 feet from any lot line.

9.

There shall be erected a fence not less than six feet in height around the periphery of the development. Fences shall be adequate to prevent trespass and shall be placed no closer than 50 feet to the top edge of any slope.

10.

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

11.

The operator shall file with the planning commission and the zoning administrator a detailed plan for the restoration of the development area, which shall include the anticipated future use of the restored land, the proposed final topography indicated by contour lines of not greater interval than five feet, steps which shall be taken to conserve topsoil, proposed and final landscaping, and the location of future roads, drives, drainage courses, and/or other improvements contemplated. The plans shall be subject to review and modification from time to time by the planning commission. The anticipated cost of carrying out the plans of restoration shall be included with the plans.

12.

The operator shall file with the township a performance bond, payable to the township and conditioned on the faithful performance of all requirements contained in the approved restoration plan. The amount of the required bond which will reflect the anticipated cost of restoration shall be fixed by the township board. The bond shall be released upon written certification of the zoning administrator that the restoration is complete and in compliance with the restoration plan.

13.

The permit or each renewal thereof shall be for a period of not more than five years, and the permit shall be renewable only upon reapplication, a redetermination by the planning commission and a filing of a performance bond, such redetermination to be made in accordance with the requirements of this section for the issuance of a conditional use permit.

b.

Junkyards. In addition to and as an integral part of development, the following provisions shall apply:

1.

It is recognized by this chapter that the location of such materials in an open area included in the definition of the term "junkyard" in this chapter will cause the reduction of the value of adjoining property. To the end that the character of the district shall be maintained and property values conserved, a solid, unpierced approved fence or wall at least seven feet in height, and not less than the height of the materials on the lot on which a junkyard shall be operated, shall be erected and maintained in good repair on the lot no closer to the lot lines than the yard requirements for buildings permitted in this district. All gates, doors, and accessways through the fence or wall shall be of solid, unpierced material. In no event shall any materials included in the definition of the term "junkyard" in section 42-5 be located on the lot on which a junkyard shall be operated in the area between the lines of the lot and the solid, unpierced fence or wall located on the lot.

2.

All traffic ingress or egress shall be on major streets, and there shall be not more than one entranceway to the lot on which a junkyard shall be operated from each public road on which the lot abuts.

3.

All roads, driveways, parking lots, and loading and unloading areas within any yard of a junkyard shall be paved, oiled, watered, or chemically treated so as to limit nuisances to adjoining lots and public roads caused by windborne dust.

c.

Drive-in theaters. In addition to and as an integral part of development, the following provisions shall apply:

1.

Drive-in theaters shall be enclosed for their full periphery with a solid screen fence at least seven feet in height. Fences shall be of sound construction and painted or otherwise finished neatly and inconspicuously.

2.

All fenced-in areas shall be set back at least 100 feet from any front street of front property line.

3.

All traffic ingress or egress shall be on major streets and all local traffic movement shall be accommodated within the site so that entering and exiting vehicles will make normal and uncomplicated movements into or out of the public thoroughfare. All points of entrance or exit of motor vehicles shall be located no closer than 200 feet to the intersection of any two streets or highways.

d.

Mobile home parks. In addition to and as an integral part of development, the following provisions shall apply: All mobile home parks shall comply with the general rules of the state mobile home commission as established in compliance with Public Act No. 96 of 1987 (MCL 125.2301 et seq.).

e.

Off-site sludge storage facilities and lagoon or water reservoirs. In addition to and as an integral part of development, the following provisions shall apply:

1.

All sludge storage facilities shall comply with the general rules and regulations of the state department of natural resources for obtaining a use permit.

2.

All sludge storage facilities, lagoons and/or water reservoirs shall be enclosed by a screen fence at least seven feet in height. The fence shall be of sound construction and neatly finished.

3.

All traffic ingress and egress shall be on major streets, and there shall be not more than one entranceway to the lot on which the facility shall be operated from each public road on which the lot abuts.

f.

Telecommunications towers. In addition to and as an integral part of development, the following provisions shall apply:

1.

Setbacks. In order to contain falling ice or debris from tower failure on site, the base of a freestanding (monopole) or guy-wired (lattice) tower shall be set back from abutting residential districts, streets or public property as follows:

(i)

The minimum setback of towers shall be 20 percent of the tower height of freestanding (monopole) towers or the distance between the tower base and guy wire anchors of guy-wired (lattice) towers.

(ii)

Guy wire anchors shall be set back 75 feet from all property lines.

2.

Fencing. The tower base shall be enclosed by a security fence, consisting of a six-foot-tall chain-link fence topped with three strands of barbed wire or an eight-foot-tall chain-link fence.

3.

Screening. A six-foot-tall, landscaped screen is required to screen the tower base from adjacent residential districts, streets and public property.

4.

Lights. Towers shall not be illuminated by artificial means and shall not display strobe lights unless specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower.

5.

Signs. The use of any portion of a tower for signs other than warning or equipment information is prohibited.

6.

Application for building permit. Application must be made for a building permit, and the following information must be submitted:

(i)

Site plan of the proposed tower location showing all existing and proposed features of the site.

(ii)

Elevation of the proposed tower height above grade, and any other improvements.

(iii)

Documentation of the purpose of the tower, the number and type of users to be served at the site, Federal Aviation Administration approval and an engineer's certification of structural and electrical safety.

g.

Bed and breakfast requirements.

1.

Each premises must be occupied and operated by its owner.

2.

The proposed use shall not cause a nuisance to adjoining residences due to noise, odor, lighting, or traffic.

3.

No bed and breakfast sleeping room shall be permitted that does not comply with the construction code.

4.

There shall be no separate cooking facilities in the rooms used for bed and breakfast.

5.

Bed and breakfast bedrooms shall be a minimum of 120 square feet for the first two occupants and an additional 30 square feet for each additional occupant.

6.

The stay of bed and breakfast occupants shall be no more than 15 consecutive days.

7.

One bathroom for every three sleeping rooms shall be provided with a minimum of two bathrooms.

8.

Every bed and breakfast bedroom shall contain a functioning smoke detector. An approved fire extinguisher shall be located on each floor on which such sleeping room is located, with a fire exit route posted in each room.

9.

One identification sign shall be permitted subject to the approval of the planning commission.

10.

One off-street parking space shall be provided within the interior side yard or rear yard area for each bed and breakfast bedroom. The planning commission may increase or decrease required parking in order to meet the purposes of the section and protect the public health and safety.

h.

Agricultural business. In addition to and as an integral part of development, the following provisions shall apply:

1.

All parking must be located on site not less than 100 feet from any property line and not less than 200 feet from any neighboring residence existing at the time the use is approved. There shall be sufficient on-site parking provided to accommodate all vehicles related to the events with no on-street parking or parking on a neighboring parcel without the written permission of the owner and occupant of that parcel. All parking areas shall be clearly marked and shall be adequate to satisfy the volume of anticipated or actual use. Dust and drainage from the parking area shall not create a nuisance or hazard to adjoining property or uses. Parking shall not be within any recorded conservation easement.

2.

All events shall be located on site not less than 100 feet from any property line and not less than 200 feet from any neighboring residence existing at the time the use is approved.

3.

Reasonable sight and sound barriers such as walls, berms and/or vegetation screens may be required in order to minimize impacts to neighboring properties.

4.

The applicant must demonstrate, via specific and certified written plans, approved by the Township, that all structures related to an agricultural business are structurally safe and adequately protected against the risk of fire. The maximum occupancy of all such structures shall be included in any application for an agricultural business.

5.

All event areas shall be depicted on a site plan as regulated by section 42-346.

6.

The applicant shall provide a plan detailing the management and operation of an agricultural business. The plan must address the following:

(i)

How the use meets the intent of this section, the zoning district in which the agricultural business will take place, and the chapter as a whole;

(ii)

Proper sanitation, including the type, location of, and frequency of trash or garbage disposal;

(iii)

Preparation and source of food related to agricultural business will be prepared and served;

(iv)

Availability and service of alcoholic beverages that may be provided and served, including whether proper licenses have been obtained regarding the same;

(v)

Potential traffic concerns, including a description of the volume and frequency of increased traffic, and, if alcoholic beverages are to be served at an agricultural business, measures the applicant will have in place in order to prevent drunk driving;

(vi)

Use of outdoor areas, including a description of where each specified use is anticipated to occur;

(vii)

The volume and duration of music played in connection with an agricultural business, including whether such music is to be provided by a live band or disc jockey, whether amplification equipment shall be used, and measures to be taken to mitigate the effects of any sounds originating from an agricultural business on neighboring properties;

(viii)

Operating hours and frequency of events;

(ix)

Security to be provided while an agricultural business is operational;

(x)

Measures to ensure that events shall end on a timely and consistent basis;

(xi)

Anticipated size and location of all structures or outdoor areas in which an agricultural business will occur, the average attendance during normal operation of the agricultural business, and the minimum and maximum number of people permitted at the same;

(xii)

The location, type, and hours of operation of outdoor lighting associated with an agricultural business, including measures to prevent such light from interfering with the use or enjoyment of neighboring properties.

(Code 2003, § 42-345; Ord. of 3-26-2001, § 5.5; Ord. No. 2005-1 , § 42-345, 3-2-2005; Ord. of 10-8-2019 , § 3)

State Law reference— Special land uses, MCL 125.286b.

(a)

Purpose. It is recognized by this chapter that there is a value to the public in establishing safe and convenient traffic movement to higher density sites, both within the site and in relation to access streets; that there is value in encouraging a harmonious relationship of buildings and uses both within a site and in relation to adjacent uses; and, further, that there are benefits to the public in conserving natural resources. Toward this end, this chapter requires site plan review by the zoning administrator for certain buildings and structures that can be expected to have a significant impact on natural resources, traffic patterns, and adjacent land usage.

(b)

Buildings, structures, and uses requiring detailed site plan. The zoning administrator shall not issue a zoning compliance permit for the construction of the buildings and structures identified in this subsection unless a detailed site plan has been reviewed and approved by the planning commission and such approval is in effect.

(1)

A multiple-family building containing six or more dwelling units.

(2)

More than one multiple-family building on a lot, parcel, or tract of land, or on a combination of lots under one ownership.

(3)

A mobile home park.

(4)

Planned unit development.

(5)

A commercial land use.

(6)

An industrial land use.

(c)

Application and fee for site plan review. Any person may file a request for a site plan review by the planning commission by filing with the clerk the completed application upon the form furnished by the clerk and payment of a fee established by resolution of the township board. As an integral part of the application, the applicant shall file at least four copies of a site plan. Such application shall be dated and initialed by the township clerk or the clerk's deputy.

(d)

Procedure for site plan review. Upon receipt of such application from the clerk, the zoning administrator shall undertake a study of the application and shall, within 30 days, recommend approval or recommend disapproval such site plan, advising the applicant in writing of the recommendation, including any changes or modifications in the proposed site plan as the planning commission believes are needed to achieve conformity to the standards specified in this chapter.

(e)

Required data for detailed site plan. Every site plan submitted to the zoning administrator shall be in accordance with the following requirements:

(1)

The site plan shall be of a scale not to be greater than one inch equals 20 feet or less than one inch equals 200 feet, and of such accuracy that the planning commission can readily interpret the site plan, and shall include more than one drawing where required for clarity.

(2)

The property shall be identified by lot lines and location, including dimensions, angles and size, correlated with the legal description of the property. Such plan shall further include the name and address of the property owner, developer, and designer.

(3)

The site plan shall show the scale, north arrow, boundary dimensions, topography (not more than two-foot contour intervals), and natural features such as wood lots, streams, rivers, lakes, drains, and similar features.

(4)

The site plan shall show existing man-made features such as buildings, structures, high tension towers, and pipelines, and existing utilities such as water and sewer lines, excavations, bridges, culverts, drains, and easements, and shall identify adjacent properties and their existing uses.

(5)

The site plan shall show the location, proposed finished floor and grade line elevations, and size of proposed principal and accessory buildings, their relation one to another and to any existing structure on the site, the height of all buildings, and square footage of floor space. Site plans for residential development shall include a density schedule showing the number of dwelling units per net acre, including a dwelling schedule showing the unit type and number of each unit type.

(6)

The site plan shall show the proposed streets, driveways, sidewalks, and other vehicular and pedestrian circulation features within and adjacent to the site; also, the location, size and number of parking spaces in the off-street parking area, and the identification of service lanes and service parking.

(7)

The site plan shall show the proposed location, use, and size of open spaces, and the location of any landscaping, fences, or walls on the site. Any proposed alterations to the topography and other natural features shall be indicated. The site plan shall further show any proposed location of connections to existing utilities and proposed extensions thereof.

(8)

A vicinity map shall be submitted showing the location of the site in relation to the surrounding street system.

(f)

Standards for site plan review. In reviewing the site plan, the zoning administrator and planning commission shall ascertain whether the proposed site plan is consistent with all regulations of this chapter and any other provisions of law. Further, in consideration of each site plan, the planning commission shall find that provisions of subsections (d) and (e) of this section, as well as the provisions of the zoning district in which the buildings, structures and uses are located, as indicated in the proposed site plan, have been satisfactorily demonstrated and met by the applicant.

(g)

Final approval of site plan. Upon the planning commission recommended approval of a site plan, the applicant shall file with the township board four copies thereof. upon the approval of the township board, the clerk shall, within ten days, transmit to the zoning administrator one copy with the clerk's certificate affixed thereto, certifying that the approved site plan conforms to the provisions of this chapter as determined. If the planning commission recommends disapproval of the site plan, notification of such recommendation shall be given by the clerk to the applicant within ten days after such commission action. The zoning administrator shall not issue a zoning compliance permit until he has received a certified approved site plan. In all applications for site plan approval, the township board shall have the authority to issue final approval or disapproval.

(h)

Expiration of site plan certificate. The site plan certificate shall expire, and be of no effect, 365 days after the date of issuance thereof, unless within such time the zoning administrator has issued a zoning compliance permit for any proposed work authorized under the site plan certificate.

(i)

Amendment or revision of site plan. A site plan, and the site plan certificate issued thereon, may be amended by the township board upon the request of the applicant. Such amendment shall be made upon application and in accordance with the procedure provided in this section, including review and recommendation by the planning commission. Any fees paid in connection with such application may be waived or refunded at the discretion of the township board.

(j)

Sketch plan review. The township shall require that those conditional uses not required to submit a formal site plan shall provide a basic sketch plan for purposes of review prior to approval.

(1)

Buildings, structures and uses requiring sketch plan review. The following buildings, structures or uses shall be required to submit a sketch plan as part of the approval process for obtaining a conditional use permit:

a.

Single-family dwellings (open space and high density residential/office districts).

b.

Essential services.

c.

Public or nonprofit structures or uses, including parks, golf courses, community centers or other uses not defined by this chapter as a commercial land use.

(2)

Procedure.

a.

Contents of sketch plan. In order to allow the township planning commission and the developer to reach an understanding of basic design requirements prior to detailed design investment, the developer shall submit a sketch plan of his proposal to the township planning commission. The sketch plan shall be approximately to scale, though it need not be to the precision of a finished engineering drawing, and it shall clearly show the following information:

1.

The boundaries of the property.

2.

The location of the various uses and their areas in acres.

3.

The location and height of all buildings and parking facilities.

4.

The interior roadway system and all existing rights-of-way and easements, whether public or private.

5.

Delineation of the various residential areas, indicating for each such area its size and composition in terms of total number of dwelling units and approximate percentage allocation by dwelling unit type (i.e., single-family detached, duplex, townhouse, garden apartments, high rise), plus a calculation of the residential density in dwelling units per net acre (total area excluding interior roadways) for each such area.

6.

The interior open space system.

7.

The overall drainage system.

8.

If grades exceed three percent, or portions of the site have a moderate to high susceptibility to erosion, or a moderate to high susceptibility to flooding and ponding, a topographic map showing contour intervals of not more than two feet of elevation, along with an overlay outlining the susceptible soil.

9.

Principal ties to the neighborhood and community with respect to transportation, water supply, and sewage disposal.

10.

A general description of the provision of other community facilities, such as schools, recreational facilities, fire protection services, and cultural facilities, if any, and some indication of how these needs are proposed to be accommodated.

11.

A location map showing uses and ownership of abutting lands.

b.

Additional required information. In addition, the following documentation shall accompany the sketch plan:

1.

Evidence that the proposal is compatible with the objectives of the land use plan.

2.

A general statement as to how common open space is to be owned and maintained.

3.

If the development is to be staged, a general indication of how the staging is to proceed. Whether or not the development is to be staged, the sketch plan required by this section shall show the intended total project.

c.

Review and approval. The township planning commission shall review the sketch plan and its related documents and shall render either a favorable or unfavorable recommendation to the applicant.

1.

A favorable recommendation shall include a report to the applicant that he may proceed with initiation of the rezoning request. It shall be included as part of the recommendation.

2.

An unfavorable recommendation shall state clearly the reasons therefor and, if appropriate, indicate to the applicant what might be necessary in order to receive a favorable recommendation. Within ten days after receiving an unfavorable recommendation, the applicant may, if he wishes, initiate a rezoning request, which would be accompanied by the unfavorable recommendation from the township planning commission.

(Code 2003, § 42-346; Ord. of 3-26-2001, § 5.6; Ord. of 9-14-2021 )

State Law reference— Site plans, MCL 125.286e.

(a)

Generally. Where, within the districts established by this chapter, or by amendments, there exist lots, structures, and uses of land and structures which were lawful before the date of adoption of the ordinance from which this chapter is derived or the date of adoption of an amendment to this chapter, and which would be prohibited, regulated, or restricted under the terms of this chapter or future amendment, it is the intent of this chapter, notwithstanding other provisions of this section, to permit these nonconformities to continue until they are discontinued, damaged, or removed, but not to encourage their survival. These nonconformities are declared by this chapter to be incompatible with the lots, structures, and uses permitted by this chapter in certain districts. It is further the intent of this chapter that such nonconformities shall not be enlarged, expanded, or extended except as provided in this section, or be used as grounds for adding other lots, structures, or uses prohibited elsewhere in the same district.

(b)

Nonconforming uses of land. Where, on the date of adoption of the ordinance from which this chapter is derived or the date of adoption of an amendment to this chapter, a lawful use of land exists that is no longer permissible under the provisions of this chapter, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

(1)

Enlargement, expansion or extension of use. No such nonconforming use of land shall be enlarged, expanded, or extended to occupy a greater area of land than was occupied on the effective date of the ordinance from which this chapter is derived or the date of adoption of an amendment to this chapter, and no accessory use or structure shall be established therewith.

(2)

Moving of use. No such nonconforming use of land shall be moved in whole or in part to any other portion of such land not occupied on the effective date of the ordinance from which this chapter is derived or the effective date of an amendment to this chapter.

(3)

Discontinuance of use. If such nonconforming use of land ceases for any reason for a period of more than 180 consecutive days, the subsequent use of such land shall conform to the district in which such land is located. Extensions may be granted by the planning commission if it has been demonstrated that extenuating conditions have occurred which have been beyond the control of the parties involved.

(c)

Nonconforming structures. Where, on the effective date of the ordinance from which this chapter is derived or the effective date of an amendment to this chapter, a lawful structure exists that could not be built under the regulations of this chapter by reason of restrictions upon lot area, lot width, lot coverage, height, open spaces, or other characteristics of such structure or its location upon a lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

Enlargement, expansion, extension or alteration. No such structure shall be enlarged, expanded, extended, or altered in a way which increases its nonconformance.

(2)

Reconstruction. Should any such structure be destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.

(3)

Moving of structures. Should any such structure be moved for any reason, for any distance, it shall thereafter conform to the regulations of the district in which it is located after it is moved.

(d)

Nonconforming uses of structures. Where, on the effective date of the ordinance from which this chapter is derived or the effective date of an amendment to this chapter, a lawful use of structure exists that is no longer permissible under the regulations of this chapter, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

Enlargement, expansion, extension or alteration. No nonconforming use of a structure shall be enlarged, expanded, extended, or altered except in changing the use of such structure to a use permitted in the district in which such structure is located.

(2)

Exemption for extension or enlargement of dwelling. There shall be a specific exemption from subsection (d)(1) of this section to permit extending or enlarging, but not to include rebuilding or replacing, a nonconforming use when such use is occupied as a single-family dwelling. In this case, the owner of the dwelling shall make application to the planning commission requesting an exemption under this section. If the planning commission, after a hearing upon such application, shall determine that for reasons of the orderly development of land the request is reasonable and proper, the commission shall make its recommendation to the township board. Prior to recommending any such request under this section, the planning commission specifically shall make the following findings of fact and apply the following standards:

a.

The structure was originally constructed as a dwelling.

b.

The structure is, and has been, within the recent past, occupied as a single-family or two-family dwelling.

c.

The proposed expansion will not have an adverse effect upon the uses in the general vicinity.

d.

There are no current identifiable trends toward the establishment of land uses in conformity with this chapter in the general vicinity.

e.

Upon completion of the expansion, the single-family dwelling will remain a single-family dwelling.

f.

The expanded structure will not be likely to significantly depress the value of nearby properties or reduce the likelihood of the development of properties in the area in a manner consistent with the permitted uses in the district in which they are located.

(3)

Discontinuance or abandonment of use. When a nonconforming use of a structure is discontinued or abandoned for more than 180 consecutive days, the structure shall not thereafter be used except in conformance with the regulations of the district in which it is located. Extensions may be granted by the planning commission if it has been demonstrated that extenuating conditions have occurred which have been beyond the control of the parties involved.

(4)

Ordinary repairs. On any structure devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not to exceed ten percent of the then-current replacement value of the structure, provided that the volume of such structure or the number of families housed therein as it existed on the effective date of the ordinance from which this chapter is derived or the effective date of an amendment to this chapter shall not be increased. Nothing in this chapter shall be deemed to prevent the strengthening of the part thereof declared to be unsafe by any official charged with protecting the public safety upon order of such official.

(5)

Moving of structure. Should any structure containing a nonconforming use be moved, for any reason, any distance, it shall thereafter conform to the regulations of the district in which it is located after it is moved.

(6)

Reconstruction. Should any structure devoted in whole or in part to any nonconforming use be destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction, it shall not be reconstructed and again be devoted to any use except in conformity with the regulations of the district in which it is located.

(7)

Exemption for reconstruction of dwelling. There shall be a specific exemption from subsection (d)(6) of this section to permit rebuilding or replacing, but not to include extending, a nonconforming use when such use is occupied as a one- or two-family dwelling and has been destroyed by other than overt action of the owner. In this case, the owner of the dwelling shall make application to the board of appeals within 12 months of date of destruction requesting an exemption under this section. If the board of appeals, after a hearing upon such application, shall determine that for reasons of health, sanitation, safety or the well-being of the occupants the request is reasonable and proper, then the board of appeals may authorize the owner to rebuild or replace the dwelling. Prior to granting any such request under this subsection, the board of appeals specifically shall make the following findings of fact and apply the following standards:

a.

The structure was originally constructed as a dwelling.

b.

The structure currently or immediately preceding damage was occupied as a dwelling.

c.

The proposed rebuilding or replacement will materially and substantially benefit the use as a dwelling and/or make the use more in conformity with the provisions of this chapter and any building code.

d.

The proposed rebuilding or replacement will not have an adverse effect upon the uses in the general vicinity by creating new or different violations of this chapter.

Proceedings under this subsection shall follow the same procedure and be subject to the same application fee as set forth for applications to the board of appeals on an appeal.

(e)

Change of tenancy or ownership. There may be a change of tenancy, ownership, or management of an existing nonconforming use, building, or structure, provided there is no change in the nature or character of such nonconforming use, building, or structure.

(f)

Substandard nonconforming lots of record. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings or structures may be erected on any single lot of record at the effective date of the ordinance from which this chapter is derived or the effective date of an amendment to this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership as of the date of adoption of the ordinance from which this chapter is derived. This provision shall apply even though such lots fail to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and other requirements, not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. If two or more lots or combinations of lots with continuous frontage in single ownership are of record and all or part of the lots do not meet the requirements for lot width and area as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purpose of this chapter, and no portion of such parcel or lot shall be used or sold which does not meet lot width and area requirements established by this chapter, nor shall there be any division of the parcel or lot with width or area below the requirements stated in this chapter.

(Code 2003, § 42-347; Ord. of 3-26-2001, § 5.7)

State Law reference— Nonconforming uses, MCL 125.286.

(a)

Requirements. Any use of a lot, building, or structure in any district shall be such that it is not obnoxious, dangerous, or injurious by reason of heat, glare, fumes, odors, dust, erosion, sound or vibrations at standards currently used by the state department of environment, great lakes, and energy beyond any boundary line of the lot or parcel of land on which the use is located.

(b)

Plans. The application for a zoning compliance permit for a use subject to performance requirements shall be accompanied by a building plan and equipment layout with a description of the machinery, process, and projects, and specifications for the mechanisms and techniques to be used in meeting the performance standards.

(c)

Enforcement. The zoning administrator may refer the application to one or more expert consultants qualified to advise as to whether a proposed use will conform to the performance standards. The costs of such services shall be borne by the applicant, and a copy of any report shall be furnished to the applicant and the township.

(Code 2003, § 42-348; Ord. of 3-26-2001, § 5.8)

State Law reference— Natural resources and environmental protection act, MCL 324.101 et seq.

The location or storage of abandoned, discarded, unused, unusable, or inoperative appliances, furniture, equipment, or material shall be regulated as follows:

(1)

On any lot in any residential district or commercial district, the owner or tenant, but not for hire or for business, shall locate and store such materials within a completely enclosed building. In any agricultural district, such restrictions only apply when within 500 feet of a property line or public roadway.

(2)

On any lot in any industrial district, the owner or tenant, whether or not for hire or for business, shall locate and store such materials within a completely enclosed building or within an area surrounded by a solid, unpierced fence or wall at least seven feet in height and not less in height than the materials located or stored therein, and not closer to the lot lines than the minimum yard requirements for buildings permitted in such districts. No storage shall be permitted within a front yard.

(3)

Nothing in this chapter shall permit the storage or parking of any nonpermanent structure within the front yard of any lot within a residential district.

(4)

On any lot in an office, commercial, or industrial district, any display of merchandise shall be located no closer to the street right-of-way line than one-half the minimum authorized front or side yard depth.

(5)

No semitrailer shall be stored or parked for more than 14 days on any lot or parcel, nor shall any such unit have removed from its undercarriage the axles and the unit then used for storage, garage, office or any other purpose in any such district, except in those used in connection with construction projects as determined by the zoning administrator.

(Code 2003, § 42-349; Ord. of 3-26-2001, § 5.9; Ord. of 5-20-2002)

(a)

Temporary occupancy of mobile home as residence. The township board, upon recommendation of the zoning administrator, shall have authority to grant a permit for the temporary occupancy of a mobile home on any lot in a residential or agricultural district subject to the following conditions:

(1)

Conditions for occupancy. During the period of new construction or reconstruction of a permanent dwelling, but not to exceed a period of 12 consecutive months, the owner of such permanent dwelling premises, and members of such owner's immediate family, shall be permitted to occupy as a temporary residence one mobile home situated at such construction site, provided that such owner intends to occupy as a residence such dwelling upon completion of its construction.

(2)

Setback. Such mobile home shall not be located between the established setback line and the public right-of-way line of such premises.

(3)

Required facilities. The mobile home shall contain sleeping accommodations, a flush toilet, and a tub or shower bath adequate to serve the occupants thereof.

(4)

Sewage disposal. The sanitary facilities of the mobile home for the disposal of sewage and waste shall be properly connected to the central sewer system available at such premises and, in case such system is not there available, properly connected to the existing septic tank sewage disposal system which is approved by the county health department for the permanent dwelling to be constructed thereat.

(5)

Bond or deposit. Any person requesting such temporary use of a mobile home shall furnish to the township a performance bond or cash deposit in the amount as adopted by resolution of the township board from time to time guaranteeing the removal of such mobile home prior to or upon expiration of the 12-month permit.

(b)

Mobile trailer offices. Mobile trailer offices may be permitted in any nonresidential district on a temporary basis with extensions as necessary as granted by the board of appeals.

(c)

Occupancy of travel trailers. No travel trailer or motor home shall be used as a permanent residence. Travel trailers and motor homes shall be used only in duly licensed travel trailer parks. A travel trailer or mobile home may be permitted to be occupied as a temporary dwelling for a period not to exceed one week provided such travel trailer or motor home is situated on a parcel of land upon which is located a dwelling with water and sanitary facilities accessible to the travel trailer or mobile home occupants and certified by the zoning administrator.

(Code 2003, § 42-350; Ord. of 3-26-2001, § 5.10; Ord. of 11-10-2020 )

State Law reference— Mobile home commission act, MCL 125.2301 et seq.

No sign shall be allowed to interfere with visibility from a driveway or roadway. The zoning administrator shall cause all such obstructions to be removed in the interest of public safety.

(Code 2003, § 42-351; Ord. of 3-26-2001, § 5.11)

(a)

In any residential, commercial, and industrial district, every use, dwelling, building, or structure established after the effective date of the ordinance from which this section is derived shall be on a lot, unit, or parcel which adjoins a public road, unless such unit is created under a condominium project which provides for the condominium association's perpetual operation, maintenance, repair and replacement of the road, and the road is specifically approved pursuant to site plan review, conducted under the definition of site plan review in section 42-5, section 42-346, and subsection (c) of this section.

(b)

In any rural nonfarm agricultural district, every dwelling established after the effective date of the ordinance from which this section is derived shall be on a lot, unit or parcel which adjoins a public street or private easement of access to a public road, subject to site plan review conducted under the definition of site plan review in section 42-5, section 42-346, and subsection (c) of this section.

(c)

A private road which serves more than one dwelling lot, unit or parcel or more than one commercial or industrial activity shall be constructed to the standards of the county road commission plat policy, unless such unit is created under a condominium project which provides for the condominium association's perpetual operation, maintenance, repair and replacement of the road, and the street is specifically approved pursuant to site plan review, conducted under the definition of site plan review in sections 42-5 and 42-346.

(Code 2003, § 42-352; Ord. of 3-26-2001, § 5.12; Ord. No. 2006-4 , 3-16-2006)

(a)

Notwithstanding any other provisions of this chapter, land subject to periodic flooding shall only be used for agricultural and recreational uses. No structures shall be located within the area subject to flooding.

(b)

The location and boundaries of land subject to periodic flooding shall be determined by reference to a 100-year floodplain, as referenced by the U.S. Soil Conservation Service, the U.S. Army Corps of Engineers, or other official authority.

(Code 2003, § 42-353; Ord. of 3-26-2001, § 5.13)

State Law reference— Soil conservation district law, MCL 324.9301 et seq.; building and construction in floodplain, MCL 324.3108; plat requirements for subdivision within or abutting floodplain, MCL 560.138; conditions for approval of subdivision within floodplain, MCL 560.194.

(a)

No person shall alter, change, transform, or otherwise vary the edge, bank, or shore of any lake, river, or stream except as provided for inland lakes and streams in part 301 of Public Act No. 451 of 1994 (MCL 324.30101 et seq.).

(b)

If any edge, bank, or shore of any lake, river, or stream is proposed to be altered in any way by any person, that person shall submit to the planning commission a site plan as required in section 42-346. This does not relieve the applicant from complying with requirements of other regulatory agencies.

(c)

No structure shall be placed within 50 feet of a lake, river, or stream.

(Code 2003, § 42-354; Ord. of 3-26-2001, § 5.14)

A home occupation shall be clearly incidental and secondary to the use of the dwelling unit for residential purposes. The following additional conditions shall be observed:

(1)

The home occupation shall be operated in its entirety within the single-unit dwelling and only by the persons maintaining a dwelling therein.

(2)

The home occupation shall not have a separate entrance from outside the building (beauty shops excepted).

(3)

The home occupation shall not display or create outside the building any external evidence of the operation, except that one unanimated, non-illuminated nameplate, having an area of not more than 100 square inches, shall be permitted.

(4)

The home occupation shall not utilize more than 20 percent of the gross floor area, but not to exceed 300 square feet, in the dwelling unit. This subsection shall not apply to the medical use of marihuana as described in section 42-355.5.

(5)

The home occupation shall not have more than one employee. The employee shall not have to reside within the premises wherein the home occupation is permitted.

(6)

The home occupation shall be limited to the use of electric motors for power, with a total limitation of three horsepower. This subsection shall not apply to the medical use of marihuana as described in section 42-355.5.

(7)

The medical use of marihuana as home occupation as described in section 42-355.5 shall only occur within a residential district.

(Code 2003, § 42-355; Ord. of 3-26-2001, § 5.15; Ord. of 6-12-2012 )

State Law reference— Residence used to give instruction in craft or fine art is home occupation in single-family residence, MCL 125.271a.

(a)

A registered primary caregiver, operating in compliance with the Michigan medical marihuana act (MMMA), the MMMA general rules, and the requirements of this section, shall be permitted as a home occupation, as regulated by this section. The township makes the following findings, in support of its determination that the regulation of registered primary caregivers as a permitted home occupation is consistent with the purposes and intent of the MMMA:

(1)

The MMMA does not create a general right for individuals to use, possess, or deliver marihuana in the state.

(2)

The MMMA's protections are limited to individuals suffering from serious or debilitating medical conditions or symptoms, to the extent that the individuals' marihuana use is carried out in compliance with the provisions of the MMMA, including the provisions related to the operations of registered primary caregivers.

(3)

The MMMA's definition of "medical use" of marihuana includes the "transfer" of marihuana "to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition," but only if such transfer is performed by a registered primary caregiver who is connected with the same qualifying patient through the registration process established by the department of licensing and regulatory affairs, and who is otherwise operating in strict compliance with the MMMA and the MMMA general rules.

(4)

The MMMA provides that a registered primary caregiver may assist no more than five qualifying patients with their medical use of marihuana.

(5)

The MMMA does not, therefore, create a new vocation for entrepreneurs or others who wish to engage in the sale of marihuana to more than five persons in a commercial setting. Instead, the MMMA is directed at improving the health and welfare of qualifying patients.

(6)

The health and welfare of qualifying patients is improved by permitting the operations of registered primary caregivers as a home occupation, because this allows qualifying patients who suffer from serious or debilitating medical conditions or symptoms to obtain the benefits of the medical use of marihuana in a residential setting, without having to unnecessarily travel into commercial areas.

(7)

By permitting the operations of registered primary caregivers as a home occupation, rather than in a commercial setting, this promotes the MMMA's purpose of ensuring that:

a.

A registered primary caregiver is not assisting more than five qualifying patients with their medical use of marihuana; and

b.

A registered primary caregiver does not unlawfully expand its operations beyond five qualifying patients, so as to become an illegal commercial operation, in the nature of a marihuana collective, cooperative or dispensary.

(b)

The following standards and requirements shall apply to the location at which the medical use of marihuana is conducted by a primary caregiver:

(1)

A registered primary caregiver shall not possess marihuana, or otherwise engage in the medical use of marihuana, in a school bus, on the grounds of any preschool or primary or secondary school, or in any correctional facility.

(2)

Not more than two registered primary caregivers, who shall also be full-time residents of the dwelling, shall be permitted to operate at any one property.

(3)

The medical use of marihuana shall be conducted entirely within a dwelling or attached garage, except that a registered primary caregiver may keep and cultivate, in an "enclosed, locked facility" (as that phrase is defined by the MMMA), up to 12 marihuana plants for each registered qualifying patient with whom the registered primary caregiver is connected through the registration process established by the department of licensing and regulatory affairs, and up to 12 additional marihuana plants for personal use, if the primary caregiver is also registered as a qualifying patient under the MMMA.

(4)

A sign identifying the home occupation by word, image or otherwise, or indicating that the medical use of marihuana is taking place on the premises, shall not be permitted; nor shall any vehicle having such a sign be parked anywhere on the premises.

(5)

Except for lighting, heating, watering, drying or other equipment, or fertilizers, herbicides or other chemicals directly related to the medical use of marihuana, no other materials or equipment not generally associated with normal ownership, use, and maintenance of a dwelling shall be permitted.

(6)

Distribution of marihuana or use of items in the administration of marihuana shall not occur at or on the premises of the primary caregiver. A qualifying patient shall not visit, come to, or be present at the residence of the primary caregiver to purchase, smoke, consume, obtain or receive possession of any marihuana.

(7)

Except for the primary caregiver, no other person shall deliver marihuana to the qualifying patient.

(8)

No one under the age of 18 years shall have access to medical marihuana.

(9)

No on-site consumption or smoking of medical marihuana by qualifying patients shall be permitted within the dwelling (or on the property) of a primary caregiver, except for lawful medical marihuana consumption by the primary caregiver if registered as a qualifying patient under the MMMA.

(10)

Medical marihuana shall not be grown, processed, handled or possessed at the dwelling of the primary caregiver beyond that which is permitted by law.

(11)

All necessary building, electrical, plumbing and mechanical permits shall be obtained for any portion of a building or structure in which equipment and devices that support the cultivation, growing or harvesting of marihuana are located or used.

(12)

If marihuana is grown or located in a room with windows, all interior lighting shall be shielded to prevent ambient light from creating a distraction for adjacent properties.

(13)

Related merchandise or products shall not be sold or distributed from the dwelling or property of the primary caregiver, apart from the permitted quantity of medical marihuana or medical marihuana derivatives.

(14)

To ensure compliance with all applicable requirements and laws, the portion of a building or other structure, such as a cultivation room, where energy use and heating requirements exceed typical residential limits and chemical storage occurs, is subject to inspection and approval by the township building inspector or other individual designated by the township.

(15)

The property, dwelling and all enclosed, locked facilities shall be available for inspection upon request by the township building inspector, the marihuana compliance unit, any law enforcement officer, or other individual designated by the township.

(16)

The operations of a registered primary caregiver, as a home occupation, shall be permitted only with the prior issuance of a township permit.

(17)

A complete and accurate application shall be submitted on a form provided by the township and an application fee in an amount determined by resolution of the township board shall be paid.

(18)

The permit application shall include the name and address of the applicant; the address of the property; proof, such as a driver's license, voter registration card or similar record showing that the dwelling is the applicant's full-time residence; a current state registration card issued to the primary caregiver; a full description of the nature and types of equipment which will be used in marihuana cultivation and processing; and a description of the location at which the use will take place. The zoning administrator may require additional information necessary to demonstrate compliance with all requirements. The marihuana compliance unit shall review the application to determine compliance with this section.

(19)

A permit shall be granted if the application demonstrates compliance with this section. The use shall be maintained in compliance with the requirements of this section. Any departure shall be grounds to revoke the permit and take other lawful action. If a permit is revoked, the applicant shall not engage in the activity unless and until a new permit is granted.

(20)

Information treated as confidential under the MMMA, including the primary caregiver registry identification card and any information about qualifying patients associated with the primary caregiver, which is received by the township, shall be maintained separately from public information submitted in support of the application. It shall not be distributed or otherwise made available to the public and shall not be subject to disclosure under the Freedom of Information Act.

(c)

Except as otherwise permitted by township ordinance, or the Michigan medical marihuana facilities licensing act, it is unlawful to establish or operate a for-profit or nonprofit medical marihuana dispensary, collective, grow, processing operation, cooperative or other medical marihuana use within the township, even if such use is intended for the medical use of marihuana.

(d)

The use of the dwelling or other permitted facility of a qualifying patient to cultivate medical marihuana in accordance with the MMMA, solely for personal use, does not require a permit under this section; however, all applicable township ordinance requirements must be met.

(e)

The provisions of this section do not apply to the personal use and/or internal possession of marihuana by a qualifying patient in accordance with the MMMA, for which a permit is not required.

(f)

Should any provision of this section be determined to be invalid, the remaining portions of this section shall remain in full force and effect.

( Ord. No. 2020-6 , § 42-355a, 1-20-2021)

Notwithstanding any other section in this chapter, a state-licensed residential facility shall be considered a residential use of property and a permitted use in all residential zones, including those zoned for single-family dwellings, when required by MCL 125.3206.

(Code 2003, § 42-356)

(a)

Family day care homes. Notwithstanding any other section in this chapter, a family day care home shall be considered a residential use in all residential zones, including those zoned for single-family dwellings, when required by section 16g of Public Act No. 184 of 1943 (MCL 125.286g).

(b)

Group child care homes. Notwithstanding any other section in this chapter, a group child care home shall be issued a conditional use permit if it meets the standards of MCL 125.3206.

(Code 2003, § 42-357)

(a)

Electrical substations and/or gas regulator stations shall be provided with an enclosing fence or wall at least six feet high and adequate to obstruct the view and passage of persons or materials.

(b)

For any district in or bordering an R-1, R-4, and RM district:

(1)

Fences in side or rear yard. Fences constructed within a side or rear yard shall not be higher than six feet as measured from the surface of the ground.

(2)

Fences, walls and hedges in front yard; lakefront property. No fence, wall or hedge shall rise over 36 inches in height on any required front yard, except that an open weave fence may be 48 inches high. No fence, wall or hedge shall be allowed to interfere with visibility from a driveway or roadway. The zoning administrator shall cause all such obstructions to be removed in the interest of public safety. Lakefront property shall have fences no taller than three feet in height along property lines.

(3)

Prohibited types of fences. No fences shall contain electric current, an electric charge or barbs.

(4)

Electrical substations and gas regulator stations. Electrical substations and/or gas regulator stations shall be provided with an enclosing fence or wall at least six feet high and adequate to obstruct the view and passage of persons or materials.

(5)

Building permit. A building permit shall be required for the construction of a fence. A permit shall not be needed for repair of existing fences or construction of an ornamental fence.

(c)

In AG districts only, electric or barbed fences shall be permitted, except where an AG district abuts a B or R district.

(Code 2003, § 42-358; Ord. of 3-26-2001, § 5.16)

Circuses, carnivals or other transient enterprises may be permitted in any district upon issuance of a permit by the township board. Such permit shall be based upon the finding that the location of such an activity will not adversely affect adjoining properties or adversely affect public health, safety, or general welfare, and may contain requirements to maintain these conditions. Such permit shall be valid for a period of not more than three days. The permit may be renewed at the zoning administrator's option, at the same fee, but shall not be renewed for more than six consecutive periods in any one year. The minimum distance from any operation relevant to the conditional use (other than parking) to any residence shall be 100 feet.

(Code 2003, § 42-359; Ord. of 3-26-2001, § 5.17)

(a)

Nothing in this chapter shall prohibit the provision of essential service, provided the installation of such service does not violate any other applicable provision of this chapter.

(b)

Nothing in this section shall be construed to permit the erection, construction, or enlargement of any building or maintenance depot for provision of an essential service except as otherwise permitted in this chapter.

(c)

Any structure erected above ground in any residential district shall be screened or fenced and shall be subject to the provisions of section 42-346, pertaining to site plan review and approval.

(Code 2003, § 42-360; Ord. of 3-26-2001, § 5.18)

Curb cuts and driveways may be located only upon approval by the zoning administrator and such other county and state authorities as required by law; provided, however, such approval shall not be given where such curb cuts and driveways shall unnecessarily increase traffic hazards. Where a curb does not exist, ingress and egress shall be delineated, and no other area shall be used.

(Code 2003, § 42-361; Ord. of 3-26-2001, § 5.19)

(a)

A one-story dwelling shall contain not less than 720 square feet of usable ground floor area, exclusive of open porches, garages, or steps.

(b)

Any dwelling with more than one story shall contain not less than 650 square feet of ground floor area, exclusive of open porches, garages, or steps.

(c)

The floor area per dwelling unit for multiple-family dwellings or single-family and multiple-family dwellings, when associated with and incidental to a commercial use, shall not be less than that established by the following table. Only areas used for living quarters shall be included in determining floor area. Other noninhabitable and unusable spaces shall be excluded.

(Code 2003, § 42-362; Ord. of 3-26-2001, § 5.20)

(a)

Required. Hard surfacing, landscaping and screening shall be a requirement on all site plans submitted after the effective date of the ordinance from which this chapter is derived and shall be subject to planning commission approval.

(b)

Time limit for installation. All required surfacing, landscaping and screening shall be in place one year from the date of site plan approval, or the reason why not should be given at the end of the year.

(c)

Hard surfacing.

(1)

Any customer parking area greater than 1,500 square feet shall be surfaced with approved material.

(2)

Areas of 5,000 square feet or more shall incorporate drainage and erosion control.

(d)

Landscaping.

(1)

A landscaped strip of 20 feet in width as required in section 42-271 shall be defined in detail on the site plan.

(2)

Landscaped areas shall be covered with grass, ground cover or mulch. If grass or ground cover is used, it shall be planted and maintained to present a finished appearance within one growing season. If the landscaped area is wider than 20 feet, grass shall be used. In areas subject to erosion, erosion-reducing net or suitable mulch shall be used.

(3)

Existing vegetation on the property may be used as part of landscaping requirements.

(4)

Vegetation must be maintained in a healthy state.

(5)

Berms shall have slopes no greater than one vertical foot for each three horizontal feet and shall have at least two feet of flat area on top. There must be adequate protection to prevent erosion.

(6)

Landscaped areas in and adjacent to parking lots shall be protected by concrete or bituminous curbing.

(7)

Trees and bushes used for landscaping shall be planted and maintained in a manner so as to not impair visibility in all ingress and egress from the public right-of-way.

(e)

Screening.

(1)

Screening between all conflicting land uses shall be required as set forth in section 42-358.

(2)

A parking lot, office, commercial use, industrial use or refuse dumpster adjacent to a public park facility or land principally used or zoned for residential purposes must have the following buffer:

a.

A landscaped area at least 15 feet wide.

b.

A solid fence.

c.

Live trees or shrubs.

(3)

Where plant material is used for screening, it shall be composed of at least 50 percent evergreens. Plant materials shall be of a size, quality, and spacing to achieve 75 percent year-round opacity within three years.

(4)

If concrete blocks are used for walls, they must be decorative or brick faced.

(5)

All fences used for screening must comply with section 42-358.

(f)

Site plans. A site plan must show the location, type and size of all hard surfacing, landscaping and screening in sufficient detail for a determination that the plan conforms with this section. When a development could cause environmental damage, additional landscaping, screening or preservation of existing vegetation may be required as a condition of approval. Rearrangement of hard surfacing, landscaping or screening may be required to prevent traffic hazards or other dangers to public safety.

(g)

Exceptions. The following exceptions to the standards in this section may be applied, subject to planning commission approval:

(1)

A perimeter buffer may be reduced to a width of five feet and employ walls and fences with landscape materials for parking lots and for all gas stations.

(2)

If a site exhibits unusual characteristics, modifications may be allowed.

(h)

Variances. The provisions of this section may be appealed to the township board of appeals. The appeal should be based on practical difficulties or hardships when evidence supports at least one of the following:

(1)

The topographic features or special characteristics of the site create conditions so that the strict application of the provisions of this section will result in less effective hard surfacing, landscaping or screening than an alternate design.

(2)

The intended benefit to the public will exist with less than the required hard surfacing, landscaping or screening.

(3)

In a planned project, the rearrangement of materials will achieve the spirit of this section.

(i)

Enforcement.

(1)

No owner or occupant of property shall fail to maintain, to the standard of this section, hard surface, landscape, or screen materials shown on the site plan.

(2)

No building permit shall be issued for property which is in violation of this section.

(3)

No certificate of occupancy shall be issued unless the provisions of this section have been met or a performance bond or other security has been posted.

(Code 2003, § 42-363; Ord. of 3-26-2001, § 5.21)

(a)

Chickens may be kept on a lot zoned residentially with an area of at least one acre in size, except where prohibited by private restrictions on the use of property.

(b)

Please note that any private restrictions on a lot prohibiting backyard chickens remain enforceable and take precedence. Private restrictions include, but are not limited to, deed restrictions, and neighborhood association bylaws, and covenant deeds.

(c)

The keeping or housing of chickens shall comply with the following requirements:

(1)

The lot shall be zoned rural nonfarm residential (RNF), Suburban residential (RS) or single-family residential (R-1) with an area of at least one acre in size. The principal use of the lot must be a single-family dwelling.

(2)

Chickens shall not be kept in any location on the property other than the required backyard. For the purposes of this section, the term "backyard" means rear yard, as defined in section 42-5.

(3)

No more than ten hens shall be allowed. No roosters are allowed due to their potential noise nuisance.

(4)

A coop shall be built to the requirements for accessory structures listed in sections 42-271 and 42-276. An outside run shall have a minimum size of ten square feet per chicken. However, runs shall be no larger than 100 total square feet and shall be attached to the coop. Fenced runs are subject to all provisions of section 42-358.

(5)

The coop and any fenced run shall be designed and kept in good repair at all times to discourage rodents and wild birds from entering.

(6)

All feed and other items associated with the keeping of chickens that are likely to attract rats, mice or other rodents shall be stored in metal rodent-proof containers.

(7)

Waste materials (feed, manure, litter) shall be disposed of in such a way that does not cause a hazard or nuisance to neighboring properties. There shall be absolutely no burning of waste.

(8)

Backyard chickens are not allowable on lakefront property.

( Ord. of 8-8-2017 , § 42-364)

(a)

Purpose. The regulation of wind energy conversion systems, including the height, minimum lot area and required setbacks for such systems, is intended to provide for an alternative source of power generation while protecting the health, safety and welfare of township residents.

(b)

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:

Wind energy conversion system means a system which converts wind energy into electricity through the use of a wind turbine generator and includes the turbine, blades, and tower as well as related equipment. A small turbine/on-site system is intended to primarily serve the needs of the customer, with a single tower that may or may not be connected to the utility grid. A large turbine/utility grid system is designed to generate electricity from one or more towers (within an array) and is intended to serve institutions, residential communities or larger cooperatives.

(c)

Conditional use. Due to the concerns related to health, safety and welfare, wind energy conversion systems shall be regulated as conditional uses within all zoning districts. The following requirements shall be met, and the planning commission may impose additional conditions where appropriate:

(1)

In addition to the requirements for site plan review, the site plan of the property shall show the location of all electrical transmission or distribution lines, whether utilized or not, and the location of the WECS with its specific dimensions, including the entire area through which the rotors may pass the location of any guy wires or other support devices, and the location of all dwelling units within 500 feet of the WECS.

(2)

Each conditional use permit application shall be accompanied by a complete set (either the original or an accurately reproduced copy) of the manufacturer's instructions which shall, at a minimum, include the following: a standard foundation and anchor design or specifications for normal soil conditions; detailed instructions for operations and maintenance of the WECS on site; a copy of all warning and/or documents provide by the manufacturer of the WECS; grounding and lightning protection procedures which follow the National Electrical Code, articles 250 (Grounding) and 280 (Lightning Arresters). In addition, the Underwriters Laboratory (UL) label shall be attached to the base of the tower and any subsystem, such as the generator. The following information shall also be included with the application: the name, address and telephone number of the owner of the tower/subsystem: the manufacturer's name and address; model number; emergency and normal shutdown procedures; and the survival wind speed in miles per hour and meters per second for the tower and maximum power output for the generator. Following installation, the name of installer; the name of person responsible for maintenance; and the emergency telephone number for the installer and the person responsible for maintenance shall be attached to the base of the tower.

(3)

Electromagnetic interference. The entire WECS (including turbines, alternators, and generators and interconnect systems) shall be filtered and/or shielded to prevent the emission of generated radio frequency energy which would cause any interference with radio and/or television broadcasting or reception and shall comply with Federal Communication Commission rules.

(4)

Noise. The maximum level of noise permitted to be generated by any WECS shall be 50 decibels, as measured on the DBA scale, measured at the property line nearest the WECS. The planning commission may request that a baseline study of the decibel levels existing prior to the installation be included as required documentation for review.

(d)

Site development. The following site development requirements shall apply:

(1)

Lot area/setbacks. No small turbine/on-site WECS shall be erected on any lot or parcel less than one acre in area and no large turbine/utility grid WECS shall be erected on any parcel less than 20 acres in area. The towers shall be situated on the lot or parcel so that no portion of the tower or turbine is closer to above-ground utility lines and/or property lines than 150 percent of the height of the tower as defined in subsection (d)(2) of this section. For roof-mounted systems, the minimum setback from any property line shall be no less than 110 percent of the combined height of the roof location and system, including any blades.

(2)

Height. The maximum allowable height for any small turbine/on-site WECS, based upon the combined tower and rotor blade length, shall be 40 feet for parcels of one to less than five acres, 80 feet for parcels of five to less than ten acres and up to 120 feet for parcels of ten acres or more. The maximum allowable height for any large turbine/utility grid WECS, based upon the combined tower and rotor blade length, shall be 300 feet. The planning commission may waive this height requirement where this would not negatively impact adjoining properties.

(3)

Ground clearance. For both horizontal and vertical axis turbines, the WECS rotor shall be located on the tower or support such that the blade clearance above ground level is not less than 20 feet.

(4)

Accessibility. Towers shall be designed and constructed in such a manner that climbing devices are only accessible with a separate ladder to a height of 12 feet.

(5)

Connection to power grid. In the case of a WECS to be interconnected with a power grid of the local electric utility, the applicant shall provide proof of written notice of the proposed interconnection and the utility's response thereto.

(6)

Vibration. Under no circumstances shall a WECS produce vibrations humanly perceptible beyond lot boundaries.

(7)

Additional studies. The applicant may offer and submit, or the planning commission may require that the applicant submit, studies related to noise, vibration or similar issues that may be considered a nuisance. In addition, studies may be required to address avian and wildlife impact, visual impacts, shadow flicker (changes in light intensity caused by the moving blade) or similar issues related to the compatibility of the proposed use in the requested location.

(e)

Plan for WECS removal. The applicant shall submit with its application a plan that indicates the design life of the WECS, the estimated cost for the removal of the WECS and the manner in which the WECS shall be removed and the site reclaimed once the WECS is no longer in operation. The owner of the WECS shall within 120 days after the WECS ceases to be in operation either remove the WECS in accordance with the removal plan submitted hereunder or repair or replace the deficient WECS components and resume operation of the WECS. All replacement components shall conform in all material respects to the components they replace (e.g., height, setback, noise, vibration, shadow flicker, wildlife impact, and other impacts on the surrounding area). Any changes will require an amended (conditional) use permit approved by the planning commission. The township board shall have authority, if it deems it necessary to ensure satisfaction of the general standards for conditional use permit approval, to require the applicant to file and maintain with the township a financial guaranty in an adequate amount to cover the cost of the proper removal of the WECS. The financial guaranty shall be in the form of cash, certified check or an irrevocable bank letter of credit in a form acceptable to the township and shall give the township the right, but not the obligation, to use such funds to cause the removal of the WECS if the owner fails to do so within the time frame prescribed herein.

( Ord. of 3-9-2010 , § 42-364)