Sec. 11.0. The intent of this chapter is to provide regulations for uses which are essentially compatible with uses permitted by right in a given district, but which, by reason of special problems presented by such uses or their particular location in relation to neighboring properties, require a strict, careful level of review. Accordingly, these uses should not be permitted without consideration of relevant conditions or restrictions being imposed which address unique characteristics or location of such special land uses.

Sec. 11.1.

A.

Any person owning or having an interest in such property may file an application for one or more special land use permits as provided for in this Ordinance.

B.

The following materials shall be submitted to the Zoning Administrator in accordance with rules of procedure adopted by the Planning Commission.

(1)

Payment of a fee, the amount of which shall be established by the Township Board from time to time.

(2)

A completed application form provided by the Zoning Administrator.

(3)

Not less than ten copies of a site plan meeting the requirements of Chapter 15 [300.1500].

(4)

If requested by the Planning Commission, an analysis of the planning implications of the proposed development shall be required. The methodology of how the planning implications were determined must be included. This analysis shall be carried out by qualified individuals and shall include, but need not be limited to:

(a)

Estimated population holding capacity of any residential land uses to be included in the proposed development and general impact on community facilities.

(b)

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

(c)

Impact on community facilities and the natural environment.

(d)

Any other information requested by the Planning Commission.

Sec. 11.2.

A.

The Planning Commission shall consider all Special Land Use applications and shall recommend approval, approval with conditions or denial to the Township Board.

B.

Following the submission of the required application materials, the Planning Commission shall hold a public hearing, after the publication and delivery of notice as required by Section 18.6 of this Ordinance.

C.

Following the public hearing the Planning Commission at any regular or special meeting shall prepare findings and recommendations to approve, approve with conditions or deny. Which recommendation shall be forwarded to the Township Board for action.

D.

The decision of the Planning Commission shall include a statement containing conclusions relative to the special land use under consideration which specifies the basis for its recommendation, and any conditions imposed if the special land use is approved.

E.

Upon approval of an application for Special Land Use Permit, the Zoning Administrator shall issue a special land use permit. The Zoning Administrator shall be responsible for insuring that any conditions attached to the permit approval are adhered to, as well as all applicable requirements of this Ordinance.

(Ord. No. 20, 10-7-97; Ord. No. 06-21, §§ 5, 9, 9-7-2006)

Sec. 11.3.

A.

General Standards: Prior to approving a special land use application the Planning Commission shall require that the following general standards, as well as specific requirements of this Chapter, shall be satisfied. The proposed use or uses shall:

(1)

Be compatible and in accordance with existing Township plans for development and promote the intent of the zoning district in which the use(s) is proposed.

(2)

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

(3)

Be designed to be fully compatible with adjoining land and uses thereon and will not interfere with or impair adjoining lands.

(4)

Be served adequately by essential public facilities and services, including roads and streets, police and fire protection, drainage structures, wastewater disposal, water supply, public schools, quasi-public utilities, and related public services.

(5)

Not involve any use, activity, process, storage, operation or condition that will be detrimental or a nuisance to, or cause a negative impact on the natural environment, adjoining uses and properties, public streets, or the public health, safety and general welfare.

B.

Site Plan Review: All lots or parcels on which an application for special land use approval is made shall be subject to concurrent final site plan review in accordance with the requirements of Chapter 15 [300.1500].

C.

Conditions of Approval:

(1)

Prior to granting any special land use permit, the Planning Commission may impose where applicable, any additional conditions and limitations as are necessary for protection of property, health, safety, or general welfare.

(2)

Such conditions, when imposed, shall relate to and ensure that the review considerations of [sub]section[s] 13.3 A.(1)—(5) [300.1303 A.(1)—(5)] and the applicable requirements of sections 13.5 [300.1305] through 13.16 [300.1316] are met.

(3)

Approval of a special land use permit, including conditions made as part of the approval, shall attach to the property described in the permit, regardless of changes in ownership.

(4)

A record of the permit and conditions imposed shall be maintained. No changes in the permit or conditions shall be made unless an amendment to the special land use permit is approved using the procedure required in [sub]section 13.3 F. [300.1303 F.].

(5)

The Zoning Administrator shall make periodic inspections of the use or development authorized in the special use permit to ensure compliance with all requirements of this Ordinance and the special use permit. If non-compliance is discovered, the Zoning Administrator shall notify the property owner and the Planning Commission. The Planning Commission may hold a public hearing at any regular Board meeting to determine and verify the non-compliance. Following such hearing, the Planning Commission may terminate the special land use permit and order the use(s) approved under the permit terminated.

D.

Validity of Special Land Use Permit:

(1)

In cases where actual and substantial physical construction to accommodate the use(s) permitted under a special land use permit has not commenced within 12 months following the date of issue, and written application for extension has not been filed, the special land use permit shall automatically become null and void and all rights thereunder shall cease.

(2)

Upon written application filed during the initial 12-month period for any special land use permit, the Planning Commission may grant an additional 12-month period. An extension may be granted only when there is a reasonable likelihood of commencement of construction during the extension period.

(3)

Any use permitted by a special land use permit which ceases to continuously operate for a period of 180 days shall be considered abandoned and the special land use permit shall become null and void and all rights thereunder shall cease.

E.

Resubmittal: No application for a special land use permit which has been denied in whole or part shall be resubmitted to the Township, except on the grounds of changed conditions relating to all the reasons noted for the denial.

F.

Amendments to the Special Land Use Permit:

(1)

Whenever a change in the terms of a special land use permit is proposed, the person intending the change shall notify the Zoning Administrator in writing, describing in detail the change contemplated. The Zoning Administrator shall refer this information to the Planning Commission which shall determine whether the proposed change constitutes a minor or major amendment to the permit. A major amendment to a special land use permit shall consist of, but need not be limited to, the following actions: change in use, use or building expansion, or expansion of any accessory use.

(2)

All major amendments as determined by the Planning Commission shall comply with application and review requirements of this Chapter.

(3)

If the proposed change is determined to be a minor amendment by the Planning Commission, then the Commission may approve the change and direct the Zoning Administrator to issue an amended Special Land Use permit. The Zoning Administrator shall maintain a written record of all minor amendments.

Sec. 11.4. The general standards and requirements of Section 11.3 A.(1)—(5) are basic to all uses authorized by special land use approval. The following sections identify specific requirements which shall be complied with by individual special land uses, in addition to the general standards and requirements.

A.

Commercial Extraction or Mining:

(1)

General Requirements. Commercial Extraction or mining may be permitted in any zoning district as a Special Land Use provided that the minimum lot area authorized for mining operations shall be 20 acres and the use must comply with all of the requirements in this section and in Section 11.12.

B.

Reserved.

C.

Wind Energy Harvest Site. May be approved by the Planning Commission as a special land use, upon compliance with the following conditions:

(1)

Definitions. For the purposes of this section, the following terms and phrases shall be defined as provided below:

(a)

Wind Energy Harvest Site (Wind Farm). A wind energy harvest site is a location where two or more commercial, grid connected wind turbines are sited for the purpose of extracting kinetic energy from the wind and supplying it, in the form of electrical energy, to the local electrical transmission utility ("grid").

(b)

Wind Turbine Generator (WTG). A wind turbine generator is a device designed to extract energy from the wind and supply it in the form of electrical energy that is suitable for use by the local electrical transmission utility.

(c)

Horizontal Axis Wind Turbine (HAWT). A wind turbine designed with a rotor mounted on a horizontal axis of rotation. The rotor thus sweeps through a vertical plane perpendicular to the motion of the wind.

(d)

Rotor. An element of a wind turbine which acts as a multi-bladed airfoil assembly, thereby extracting through rotation, kinetic energy directly from the wind.

(e)

Nacelle. The structure designed to "yaw" (turn) into the wind that is mounted on top of the tower and houses the rotor support shaft, mechanical and electrical components, and generator.

(f)

Tower. The tubular structure, above grade, that supports the nacelle and rotor assembly.

(g)

Tower Foundation. The tower support structure, below grade, that supports the entire weight of the wind turbine.

(h)

Met Tower. A guy-wire supported tower containing instrumentation such as anemometers that is designed to, and used for, the assessment of the wind resource on site.

(i)

Swept Rotor Arc/Diameter. The largest circumferential path traveled by a wind turbine airfoil rotor blade.

(j)

Blade Clearance. In reference to a horizontal axis rotor, the distance from grade to the lowest point of the rotor's swept arc.

(k)

Total Height. The height from grade to the highest vertical point of the swept rotor arc. In the case of a wind turbine with a horizontal axis rotor, the total height includes the distance from grade to the rotor axis of rotation within the nacelle plus one-half the swept rotor diameter.

(l)

Sub-station. An electrical construction designed to collect and modify electrical energy produced by the wind turbines for the purpose of supplying it to the local electrical utility.

(m)

Operations & Maintenance Office (OMO). A local facility constructed for the purpose of operating and maintaining the wind farm including the storage of spare parts and consumable materials.

(n)

Supervisory Control and Data Acquisition (SCADA). A control system designed to acquire data and perform both automatic and manual control functions to the wind farm.

(o)

Participating Property Owner. A property owner who is receiving, or has received, compensation in connection with the siting or development of a wind farm.

(p)

Wind Site Assessment Application. An application to the Planning Commission seeking special land use approval to erect one or more anemometer towers (AMet towers) on lands deemed necessary by the applicant for wind resource assessment.

(q)

Wind Farm Construction Application. An application to the Planning Commission seeking special land use approval to construct a wind farm.

(2)

Application Requirements. It is the intent of this Section to permit, where appropriate, Wind Energy Harvest Sites using the special land use approval process. The construction of a Wind Energy Harvest Site typically involves a two-phased process, whereby the feasibility of a wind energy harvesting is first tested through the conducting of a Wind Site Assessment and then, if testing is successful, a Wind Energy Harvest Site is constructed. Accordingly, each of these two phases shall require separate special land use applications meeting the requirements set forth below:

(a)

Wind Site Assessment Application. An applicant seeking special land use approval for a Wind Site Assessment shall submit a site plan complying with the requirements of Chapter 12, and the following additional materials and information:

(i)

The site plan shall also show the following:

A.

All existing and proposed structures on the site.

B.

All buildings on the subject property as well as any buildings and residences on adjacent properties.

C.

The proposed location, size, height and type of all anemometer towers proposed to assess the wind resource, including the setback distance between the proposed towers and the nearest residential unit and residentially-zoned properties.

D.

The topographical features of the site including the location of roads, wood lots, schools, commercial, industrial and residential districts located on the site of the Wind Site Assessment and on adjoining properties.

E.

The lot lines, dwelling locations and identity of all Participating Property Owners.

(ii)

A legal description of the lot(s) or parcel(s) on which the Wind Site Assessment will be performed.

(iii)

The name, address and phone number of the applicant, the owner of all equipment proposed to be installed, and the owner of the land on which the equipment will be installed.

(iv)

Written authorization from the landowner(s) to seek land use approval for the Wind Site Assessment.

(v)

A copy of the applicant's lease with the land owner(s) for "met" towers, which must include a provision requiring the applicant to remove all equipment and restore the site upon cessation of the Wind Site Assessment.

(vi)

Proof of the applicant's public liability insurance for the Wind Site Assessment.

(b)

Wind Farm Construction Application. An applicant seeking special land use approval for Wind Farm Construction shall submit a site plan complying with the requirements of Chapter 12, and the following additional materials and information:

(i)

A finalized site plan, bearing the certification(s) of the all licensed engineering consultants and agencies required by law, showing, in detail, all the features and information listed in the Wind Site Assessment application and showing the following additional information:

A.

The proposed location of all wind turbines and access roadways.

B.

The proposed location of the OMO, and all sub-station(s) comprising the proposed Wind Farm.

C.

The proposed location of all underground and overhead cabling.

D.

The physical size and electrical nameplate capacity of the proposed wind turbines including the total height and the swept rotor diameter.

E.

All landscaping, with landscaping materials identified.

F.

All natural vegetation and features to be preserved.

G.

The method, materials and color of fencing, if any.

H.

The method of screening or buffering.

I.

The method and type of tower lighting, if so required.

(ii)

A visual representation including scale elevations, photographs and/or digital information of the proposed Wind Farm.

(iii)

A copy of the applicant's lease with the land owner(s) for the Wind Farm, which must include a provision requiring the applicant to remove all equipment and restore the site upon cessation of Wind Farm operations.

(iv)

The manufacturer's specifications indicating:

A.

The rated nameplate output, in kilowatts or megawatts, of the wind turbines.

B.

Safety features and sound characteristics.

C.

Type of material used in foundation, tower, blade, and/or rotor construction.

D.

Operating details of the SCADA system employed to control and operate the Wind Farm.

(v)

A noise impact study which includes information on the noise levels to be generated by the use, measured in dB(A).

(vi)

Proof that the applicant has obtained or applied for approval from all other agencies having jurisdiction, including the following:

A.

State and/or Federal Energy Commissions;

B.

Federal Aviation Administration.

C.

County Road Commission and/or MDOT, as applicable.

D.

County Drain Commissioner.

E.

Department of Environmental Quality.

F.

Other agencies having jurisdiction.

(vii)

Proof of the applicant's public liability insurance for the Wind Farm.

(3)

Review Procedures. A Wind Site Assessment Application and Wind Farm Construction Application shall be evaluated by the Planning Commission pursuant to the procedures detailed in Chapter 12. The Planning Commission shall conduct separate and individual public hearings on an applicant's Wind Site Assessment Application and Wind Farm Construction Application.

(4)

General Standards. In addition to meeting the requirements of Section 11.3, all Wind Site Assessment and Wind Farms shall comply with the following standards for approval:

(a)

All structures shall comply with or exceed applicable standards and regulations of the Federal Aviation Administration and any other state or federal agency having jurisdiction. If such standards and regulations are changed, then the owners of the structures governed by this ordinance shall bring such structures into compliance with such revised standards and regulations within 90 days of their effective date, unless a different compliance schedule is mandated by the controlling agency.

(b)

All structures constructed for a Wind Site Assessment or Wind Farm shall comply with the standards contained in applicable state and local building codes.

(c)

All towers shall be permanently secured to a stable foundation.

(d)

All towers shall be grounded to protect against damage from lightning.

(e)

No portion of any tower or blades shall display any name, symbol, words, letters, advertising message, graphic representation or other written or pictorial matter. Nacelles may have lettering that exhibits the manufacturer's and/or owner's identification.

(f)

All Wind Farms and anemometer towers ("Met" towers) shall comply with the minimum required building setbacks for the district in which the wind farm or Met tower is located, plus an additional setback equal to the height of the highest wind turbine generator within the wind farm, including the foundation, the tower, the rotor and all other components, as measured from the ground at the base of the tower to the tip of the blade of the rotor when the blade is in a vertical position.

(i)

For the purposes of determining whether a proposed wind farm or "Met" tower complies with the setback requirements of a district, the dimensions of the entire lot or parcel of land shall control, even though the wind farm or "Met" tower may be located on leased parcels within such lot or parcel.

(ii)

No large wind turbine generator shall be located closer than 1,000 feet to any dwelling.

(g)

In the case of a Wind Farm, setbacks may be reduced from the minimum setback requirements of this Section, in the discretion of the Planning Commission. Pursuant to this provision, the Planning Commission shall consider the technical needs of the applicant for a reduction in setbacks, the feasibility of alternate locations and the proximity of existing dwellings.

(h)

Setbacks with respect to existing overhead electrical distribution and transmission lines shall conform to the established setbacks applicable to those lines.

(i)

A "Met" tower, excluding any ambient background noise measuring device(s) located thereon, shall be located not less than 1½ times the total height of the tower from the center point of any dwelling.

(j)

A wind turbine shall be located so that the minimum horizontal distance measured at grade from the center of the tower to any non-participating property boundary, other than public roadways, is at least the radius of the swept rotor arc plus 33 feet.

(k)

The OMO shall be constructed in accordance with all applicable requirements of the Township Zoning Ordinance and Building Code.

(l)

All Wind Farms and the construction, installation, operation, maintenance and repair thereof shall comply with all federal, state and local laws, ordinances and regulations.

(m)

Structures within a Wind Farm shall not be illuminated by artificial means and shall not display strobe lights unless specifically required by the Federal Aviation Administration or other state or federal authority having jurisdiction over the Wind Farm. If lighting is required, the lighting as installed shall cause only the least possible disturbance to surrounding land uses and shall not exceed FAA minimum standards.

(n)

All wind turbines within a wind farm shall be finished in a single, non-reflective matte finished color which minimizes the visual impact of the wind farm.

(o)

Individual wind farms separated by ½ mile or less shall be constructed using wind turbines whose appearance, with respect to one another, is similar within and throughout the wind farm, thus exhibiting reasonable uniformity in overall turbine size, geometry, and rotational speeds.

(p)

The minimum vertical blade tip clearance from grade shall be 66 feet for a wind turbine employing a horizontal axis rotor (HAWT).

(q)

Any wind turbine generator, including the foundation, the tower, the rotor and all other components, located on a wind energy harvest site, shall have a total height not exceeding 450 feet, as measured from the ground at the base of the tower to the tip of the blade of the rotor, when the blade is in a vertical position.

(r)

The use of any type of tower, other than a free-standing tubular tower, is prohibited. All tubular towers shall be designed to prevent external access to electrical and mechanical components within and shall have robust access doors that are kept securely located at all times.

(s)

All power lines on the site of a Wind Farm to the substation or grid shall be underground, except where otherwise permitted by the Planning Commission.

(5)

Small Wind Turbine Generator

(a)

The Planning Commission may consider, and in its discretion may approve, an application for special land use for a small wind turbine generator, for the purpose of extracting energy from the wind and supplying it in the form of electrical energy for use by the local electrical transmission utility or for use on the site or property on which the wind turbine generator is located.

(b)

A small wind turbine is a single wind turbine that does not exceed 100 total feet in height.

(c)

The application, consideration of and procedures for the special land use for a small wind turbine generator shall be the same as provided above in this section with respect to wind energy harvest sites, except that only a single application shall be required, and that application shall be in the form of a written application for approval of the special land use, and it shall include all of the materials and information required for the application with respect to a proposed wind energy harvest site, except such information and materials which reasonably do not apply.

(d)

In addition to meeting the requirements of Section 11.3, the special land use shall also comply with the standards for approval stated in subsection 4 of this section, except such standards therein that reasonably do not apply. In addition, the small wind turbine generator shall comply with the following minimum requirements:

(i)

The tower shall not exceed a height of 80 feet, measured from the ground at the base of the tower.

(ii)

The diameter of the blade of the rotor, as measured from one tip of the blade to the other tip of the blade, shall not exceed 40 feet.

(iii)

The total height of the entire wind turbine generator, including the foundation, the tower, the rotor and all other components of the generator, shall not exceed the height of 100 feet, measured from the ground at the base of the tower to the tip of the blade when the blade is in a vertical position.

(iv)

The wind turbine generator, and all components thereof, shall be not closer to any property line than the minimum required building setback of the district in which the generator is located plus an additional lineal distance equal to the total height of the generator, including the foundation, the tower, the rotor and all other components, measured from the ground at the base of the tower to the tip of the blade of the rotor when the blade is in a vertical position.

(v)

The parcel of land on which the wind turbine generator is located shall have a minimum area of 2½ acres.

(vi)

In the event of conflict between the above-stated minimum requirements for the special land use for the wind turbine generator for on-site service only, and the above-stated requirements for wind energy harvest site (wind farms), the provisions of this subsection with respect to the single wind turbine generator for on-site service only special land use shall control.

(6)

Large Wind Turbine Generator.

(a)

The Planning Commission may consider, and in its discretion may approve, an application for special land use for a large wind turbine generator, for the purpose of extracting energy from the wind and supplying it in the form of electrical energy for use by the local electrical transmission utility or for use on the site or property on which the wind turbine generator is located.

(b)

A large wind turbine is a single wind turbine that exceeds 100 feet in total height.

(c)

The application, consideration of and procedures for the special land use for a large wind turbine generator shall be the same as provided above in this section with respect to wind energy harvest sites, except that only a single application shall be required, and that application shall be in the form of a written application for approval of the special land use, and it shall include all of the materials and information required for the application with respect to a proposed wind energy harvest site, except such information and materials which reasonably do not apply to a large wind turbine generator.

(d)

In addition to meeting the requirements of Section 11.3, the special land use shall also comply with the standards for approval stated in subsection 4 of this section, except such standards therein that reasonably do not apply. In addition, the large wind turbine generator shall comply with the following minimum requirements:

(i)

No large wind turbine generator shall be located closer than 1,000 feet to any dwelling.

(ii)

No large wind turbine generator shall be located closer than 1,000 feet to any property line or road right of way, provided, however, that, on a case by case basis, the Planning Commission may reduce the setback requirement upon a showing that the owner of the large wind turbine has exclusive possessory rights to all lands within 1,000 feet of the large wind turbine.

(iii)

In the event of conflict between the above-stated minimum requirements for the special land use for the large wind turbine generator, and the above-stated requirements for wind energy harvest site (wind farms), the provisions of this subsection with respect to the large wind turbine generator for special land use shall control.

(7)

Discretionary Conditions. The Planning Commission, in its reasonable discretion, may impose other terms and conditions regulating the construction, installation, use, maintenance, repair and removal of any Wind Farm, Wind Turbine Generator, or Met tower. Such other terms and conditions may include, though need not be limited to, the following:

(a)

The screening or buffering of structures (other than towers) with landscaping, berms, walls or any combination thereof.

(b)

The timely removal of unused or unsafe towers or accessory buildings or structures.

(c)

The prohibition on the construction or occupancy of dwellings on the lands where the Wind Farm or Met tower is located, within the separation distances specified by this Section.

(d)

The preservation of existing trees and other existing vegetation not required to be removed for installation of a Wind Farm or Met tower.

(e)

The reasonable restoration of trees or other vegetation removed or destroyed during the construction or installation of a Wind Farm or Met tower or accessory buildings or structures.

(8)

Removal.

(a)

Should 50% or more of a wind farm discontinue producing power for a minimum of two years, the wind farm operator shall be required to provide a status report to the Planning Commission. A review of the status report by the Planning Commission may result in a request for the affected wind turbine(s) or the entire wind farm to be decommissioned or removed. Failure to comply with a decommissioning or removal request may result in the issuance of a stop operation order by the Township zoning administrator or other Township official having jurisdiction.

(b)

The Township Clerk shall be notified within 30 days of any changes in the status of a Wind Farm, including cessation of use, a change in its ownership or a change in the terms of the underlying lease to the subject property.

(9)

Inspections. Upon the provision of reasonable prior notice to the site operator, the Township zoning administrator and/or his or her designated representative may inspect any property for which special land use approval has been granted pursuant to this Section to determine whether the site complies with the applicable requirements of law and the terms of the special land use approval.

(10)

Prohibited Structures. The following structures are strictly prohibited as part of any Wind Farm approved as a special land use:

(a)

Vertical axis wind turbines, commonly known as a "VAWT" or "Darrieus" wind turbine.

(b)

Wind turbines with a nameplate generation capacity of less than 500 KW.

(c)

Wind turbines (HAWT's) with a rotor design consisting of a number of airfoil rotor blades other than three.

(d)

Wind turbines utilizing a lattice tower structure.

(Ord. No. 13, 7-3-97; Ord. No. 11-50, § 8, 8-11-2011; Ord. No. 2023-01, § 2, 2-9-2023)

Sec. 11.5.

A.

Campgrounds: Tent only camping may be permitted when in full compliance with campground requirements of the Michigan Department of Public Health, adequate water supply and restrooms are provided. The campground may not be located within 100 feet of the 100 year floodplain or a regulated wetland. Hiking trails may be included.

B.

Trails. Hiking, bicycle and cross-country ski trails may be permitted upon a finding by the Planning Commission that location, grades and trail use will not have a significant environmental impact. Motorized recreation vehicle trails are not permitted in this district unless such trials are a part of a regional trail system operated by a unit of government.

C.

Hunt, Archery, Paint Ball, Camping, Dog, Gun or Paramilitary Clubs or Organizations: All buildings and principal uses, including weapon target shooting, shall be located no closer than 150 feet to any property line nor shall any building or activity area be located in a 100-year floodplain or regulated wetland.

D.

Canoe, Boat Liveries and Similar Water Related Uses:

(1)

Buildings, docks, and parking areas shall be located no closer than 50 feet to the property line nor closer than 100 feet to any residential property line.

(2)

Uses accessory to the above uses, such as sale of refreshments, fuel, bait, and related items shall occupy no more than 400 square feet of building floor area and shall not occur outdoors, except fueling.

E.

Ski, Snowboard or Toboggan Slopes:

(1)

Access shall be directly from a County Primary Road.

(2)

Lighting for night time activity shall be designed and located so that lights do not shine onto adjoining lands and glare is minimal.

(3)

Parking areas and principal buildings shall be no closer than 150 feet to any property line.

(4)

Ski, snowboard, and toboggan slopes shall be sited so that, (a) snow making equipment noise does not constitute a nuisance to adjoining land, (b) bottom of slope is not less than 150 feet from any property line, and (c) existing vegetation useful for screening activity areas is preserved.

F.

Park and Recreational Facilities:

(1)

All buildings shall be located no closer than 100 feet to any property line, except an entry gate and "guard house" used to control access to the facility.

(2)

Natural features present on the site shall be preserved and protected.

(3)

Parking facilities and internal roadways shall be located no closer than 100 feet from any property line.

G.

Wastewater Treatment Facilities:

(1)

All buildings, structures, laboratory, mechanical equipment, lagoons, pump stations and related treatment apparatus shall be located not less than 300 feet from the nearest dwelling unit or 150 feet from any property line, whichever is greater.

(2)

Existing land contours, existing vegetation and/or man-made contours and evergreen plant materials shall be employed to provide effective visual screening from dwelling units and public roads.

H.

Essential Service Structures or Buildings:

(1)

Special land use approval is required only when the essential service building or structure gross floor area is in excess of 100 square feet.

(2)

All structures and buildings above average lot grade shall be compatible in design and materials with any dwelling existing on adjacent properties.

(3)

All parking, storage, open equipment, and buildings or structures which can not be built in a compatible fashion described above, shall be screened by a fence, wall, or earth berm and landscaping as determined by the Planning Commission.

I.

Radio, Television, Microwave, CATV Towers and Related Structures:

(1)

The setback for each tower from existing right-of-way and property lines shall be a minimum of the height of such tower and, if the tower is stabilized by support wires, all such wires shall be anchored on the same site as the tower.

(2)

A fence, not less than six feet in height, shall be constructed so as to completely enclose each tower to prevent unauthorized persons from gaining access to the tower structure.

(3)

Whenever vehicle parking is proposed or required on the tower site, such parking area and access drive shall be hard surfaced.

(4)

Whenever a tower is accompanied by an enclosed building for transmission or other function and parking is required, a buffer zone in accordance with Chapter 14 [300.1400] shall be required by the Planning Commission.

Sec. 11.6.

A.

[Uses Listed in Section 300.603.] Uses listed in section 6.3 [300.603] and subject to applicable standards in [section] 13.5 [300.1305].

B.

Home Occupation:

(1)

A home occupation shall only be conducted on the premises of a single-family, detached dwelling. Home occupations are not permitted within a two-family or multiple-family dwelling.

(2)

Exterior storage of equipment, accessory items, or outdoor display of any kind are prohibited in connection with a home occupation.

(3)

Only members of the immediate family who have the single-family dwelling as their principal place of residence may be employed in any aspect of the home occupation.

(4)

The establishment of a home occupation shall not necessitate exterior modification, except as may be required to accommodate physically handicapped persons, or as may be required by the building code.

(5)

The home occupation shall not generate traffic in excess of that which might be expected in a residential neighborhood, but in any case shall not exceed 12 trips per day, excluding trips by the resident family. All parking shall be located off-street.

(6)

A sign as permitted by section 3.19 [300.319]; said sign shall not be illuminated.

(7)

Home occupations are permitted in both principal and accessory buildings. In no case shall more than 400 square feet of gross floor area in total, whether in a principal, accessory, or partially in both, be utilized for the home occupation.

(8)

The applicant shall verify that the home occupation will not produce fumes, odors, dust, vibration, noise, electrical interference, fire hazard, or other condition which will create a nuisance to adjacent properties.

(9)

The home occupation shall not involve the use or storage of commercial vehicles rated over one-ton capacity.

(10)

A home occupation shall not sell or offer for sale on the premises any articles, product or service not produced on the premises.

(11)

Uses which shall be prohibited as home occupations shall include, but shall not be limited to the following:

(a)

Nursing or convalescent homes.

(b)

Antique shops.

(c)

Funeral homes.

(d)

Medical or dental clinics, animal hospitals or animal grooming.

(e)

Day care centers.

(f)

Nursery schools.

(g)

Restaurants.

(h)

Repair of automobiles, motorcycles, boats, trailers, trucks, all-terrain vehicles, lawn mowers, or other vehicles or equipment.

(i)

Refuse collection service, including administrative office.

(j)

Art, hobby or craft instruction involving the gathering of groups in excess of eight persons at any time.

C.

Agricultural Services:

(1)

Parking areas shall be subject to a required minimum front yard setback of 35 feet. Driveway access to the site shall be sufficient to serve vehicles entering and existing the site, but in no case shall each driveway exceed a width of 40 feet.

(2)

Parking lots shall be no closer than 50 feet to a residential district or established residential lot, shall be effectively screened by a buffer strip, wall or fence at least three feet above the highest elevation within the parking lot which it screens.

(3)

Exterior storage of equipment, accessory items, materials, displays, goods, or supplies shall not take place in any required setback area.

D.

Reserved.

E.

Educational Facility:

(1)

Driveway access shall be directly from a County Primary Road. A minimum curb radius of 40 feet shall apply where the driveway meets the County road.

(2)

Parking areas shall be subject to a required minimum setback from any property line of 40 feet and shall be effectively screened by a buffer strip on any side facing or abutting existing or planned residential use.

(3)

Storage of equipment or parking of buses shall not occur closer than fifty (50) feet to any property line and shall be screened as in [subsection] E.(2) above.

F.

Extractive Uses: This subsection was replaced by Ord. No. 13; see section 11.4 [300.1104].

G.

Sanitary Landfill:

(1)

All vehicles transporting materials to the landfill site shall travel to and from the site on a route which minimizes adverse impacts on residential neighborhoods.

(2)

Public streets within 1,500 feet of the landfill entrance shall be kept clear of debris, mud and dirt deposited by vehicles using the landfill.

(3)

Deposit of materials into the landfill shall not occur within 150 feet of any property not owned by the landfill operator.

(4)

Provisions of Public Act 641 of 1978, as amended and rules promulgated by the State of Michigan pursuant thereto shall be complied with for any landfill located within the Township as a condition of the approved special land use permit.

H.

Veterinarian Establishment, including Animal Clinic and Boarding:

(1)

Buildings wherein animals are kept, dog runs, and/or exercise areas shall not be located nearer than 100 feet to any residential district or any building used by the general public.

(2)

All principal use activities shall be conducted within an enclosed building.

(3)

Parking areas shall be subject to a minimum front yard setback of 35 feet.

(4)

Parking lots shall be no closer than 50 feet to a residential district or established residential lot, shall be effectively screened by a buffer strip, wall or fence at least three feet above the highest elevation within the parking lot which it screens.

I.

Roadside Stand for Retail Sale of Produce:

(1)

Any structure housing roadside stand activities shall not exceed 400 square feet in floor area.

(2)

A roadside stand approved under this chapter shall be subject to an annual inspection. If all requirements of this Ordinance and conditions of the special land use permit are met, the Zoning Administrator shall issue a certificate of zoning compliance. In the event of noncompliance, the Zoning Administrator shall notify the operator and the Planning Commission in writing, whereupon the Commission shall convene a hearing under provisions of section 11.2 [300.1102] of this chapter.

(3)

Roadside stands shall be considered an extension of on-premise farming activity and not a commercial use. As such, the express purpose of such use is the sale of agricultural products grown on the same property or on property owned by the operator of the roadside stand.

(4)

The structure housing the roadside stand shall be located a minimum of 35 feet from the nearest public street right-of-way line and no closer than 25 feet from a side lot line.

(5)

Adequate off-street parking shall be provided together with safe egress and ingress to the adjacent street.

J.

Agricultural Processing Operations:

(1)

All structures in which the processing of agricultural products is conducted shall be located no closer than 200 feet from any property line.

(2)

Waste products, liquid or solid, from the processing operation shall be stored and disposed of in a safe and sanitary manner. Adequate provision for disposal of wastewater shall be made and documented with the appropriate governmental authority.

K.

Reserved.

L.

Reserved.

M.

Reserved.

(Ord. No. 03-52, § 2, 7-10-2003; Ord. No. 11-50, § 7, 8-11-2011; Ord. No. 12-01, § 5, 9-13-2012)

Sec. 11.7.

A. Same as special uses listed in Section [11.6] 13.6 [300.1106], except single-family dwellings.

B. Kennels:

(1)

Buildings in which animals are kept, dog runs, and/or exercise areas shall not be located closer than 150 feet to an existing or planned residential property line.

(2)

Parking shall not be permitted in any required building setback.

(3)

All provisions of section 3.15 A. [300.315 A.] shall apply.

Sec. 11.8.

A.

Park and Recreation Use and Facilities, subject to requirements of section 11.5 F. [300.1105 F.].

B.

Golf Courses:

(1)

The site shall access directly to a county primary road or state trunkline highway.

(2)

No building or spectator seating shall be located within 100 feet of any property line.

(3)

Exterior lighting shall be designed, located and installed in a manner which deflects light away from adjacent residential property and abutting public streets.

(4)

The site shall be kept clean of refuse and debris so that such material does not blow onto or accumulate on adjacent properties.

(5)

Private access drives and parking areas required shall be surfaced with paving or other dust free material. Any such drive or parking area located within 150 [feet] of an existing residence shall be screened with a landscape berm, fence or wall not less than three feet in height along the side(s) facing such residence.

(6)

Overflow parking on a public street is prohibited.

(7)

All course boundaries shall be conspicuously signed to prevent golfers from trespassing on adjoining private property. The Planning Commission may require fencing of those portions of the course boundary where fairways abut adjoining private property.

C.

Home occupations, subject to requirements of section 11.6 B. [300.1106 B.].

D.

Educational facility, subject to requirements of section 11.6 E. [300.1106 E.].

E.

Church and Charitable Organization, subject to requirements of section 11.3 A [300.1103 A.].

F.

Essential Service Building, subject to requirements of section 11.5 H. [300.1105 H.].

G.

Planned Unit Development:

(1)

Planned Unit Development is established to provide a regulatory framework designed to encourage and promote environmental quality of Moorland Township by allowing for greater freedom, imagination, and flexibility of design for residential development while insuring substantial compliance to the basic intent of the Zoning Ordinance and the Moorland Township Comprehensive Plan.

(2)

Permitted Uses. The following uses are permitted in the Planned Unit Development provided however, that no use shall be permitted except in conformity with a specific and precise development plan pursuant to the provisions set forth hereinafter:

(a)

Single-family attached (townhouses) and multiple-family residential uses where the density of the units does not exceed six dwelling units per acre including all open space, yard areas, parking access drives attendant to such residential use.

(3)

Lot Area, Lot Width, Height, Yard, and Usable Open Space Requirements: In the Planned Development District there shall be no predetermined specific lot area, lot width, heights, yard and usable open space requirements, but such requirements shall be made a part of an approved recorded subdivision or condominium development plan. The minimum land area for a specific Planned Unit Development shall be ten acres.

(4)

Signs. In the Planned Unit Development, signs shall be in accordance with the provisions of chapter 3 [300.300].

(5)

Off-Street Parking: In the Planned Unit Development off-street parking facilities shall be provided in accordance with the provision of chapter 14 [300.1400].

(6)

Criteria for Approval: As a basis for determining the acceptability of a proposed Planned Unit Development, application of the following criteria shall be applied to the development plan with specific consideration as to whether or not it is consistent with the spirit and intent of these provisions.

(a)

Character and Intensity of Land Use: In a Planned Unit Development, the uses proposed and their intensity and arrangement on the site shall have visual and functional characteristics which:

(1)

Are compatible to the physical nature of the site with particular concern for preservation of natural features and open space.

(2)

Would produce an attractive environment of sustained aesthetic and ecological desirability, economic stability and functional practicality compatible with the comprehensive plan for the area as established by the Township.

(3)

Would not adversely affect the anticipated provision for school or other municipal services.

(4)

Would not create a traffic or parking demand incompatible with the existing or proposed facilities to serve it.

(b)

Economic Feasibility and Impact: The applicant shall provide evidence satisfactory to the Planning Commission of its economic feasibility and that it would not adversely impact the economic prosperity of the Township or the values of surrounding properties.

(c)

Preservation and Maintenance of Open Space: In a Planned Unit Development adequate provision shall be made for the permanent preservation and maintenance of common open space either by private reservation or dedication to the public.

(1)

In the case of private reservation, the open area to be reserved shall be protected against building development by conveying to the Township as part of the conditions for project approval an open space easement over such open areas restricting the area against any future building or use except as may be consistent with the approved plan.

(2)

The care and maintenance of such open space reservation shall be assured by establishment of appropriate management organization for the project. The manner of assuring maintenance shall be recorded with the title for each ownership unit in the Planned Unit Development.

(3)

Public or private open space shall equal no less than 20 percent of net site area.

(d)

Implementation Schedule: Any person, firm, or corporation applying for a Planned Unit Development shall submit a reasonable schedule for the implementation of the development to the satisfaction of the Planning Commission, including suitable provisions to assure that each phase can be completed.

(7)

Procedure: The procedure of establishing a Planned Unit Development shall be as provided for in this chapter.

(a)

General Development Plan: The applicant shall file with the Planning Commission a General Development Plan which shall include the following information:

(1)

A statement describing the general character of the intended development.

(2)

An accurate map of the project area including its relationship to surrounding properties and existing physical features.

(3)

A plan of the proposed project showing at least the following information in sufficient detail to make possible the evaluation of the criteria for approval as set forth in these provisions.

(4)

The pattern of proposed land use including shape, size and arrangement of proposed use areas, density, and environmental character.

(5)

The pattern of public and/or private streets.

(6)

The location, size and character of recreational and open space areas reserved or dedicated for public uses such as a school park, greenway, etc.

(7)

A utility feasibility study, including stormwater management.

(8)

Appropriate data on the size of the development, ratio of various land uses, percentages of multi-family unit by number of bedrooms, economic analysis of the development, expected staging, and any other planned data pertinent to evaluation of the Planned Unit Development.

(9)

General outline of intended organizational structure related to property owner's association, deed restrictions, and private provision of common services.

(b)

Final Development Plan: Upon Planning Commission approval of the general development plan, a detailed plan for implementation of all or a part of the proposed Planned Unit Development must be submitted within one year. If a specific implementation plan has not been submitted within this time, the previous approval shall become null and void. The final development plan shall include:

(1)

An accurate map of the area covered by the plan including the relationship to the total general development plan.

(2)

The pattern of public and private roads, driveways, walkways, and parking facilities.

(3)

Detailed lot layout and subdivision plat where required.

(4)

The arrangement of building groups, other than single-family residences, and their architectural character.

(5)

Sanitary sewer and water mains.

(6)

Grading plan and storm drainage plan.

(7)

The location and description of any areas to be dedicated to the public.

(8)

Landscape plan.

(9)

Lighting plan.

(10)

Analysis of economic impact upon the community.

(11)

A development schedule indicating the following:

(a)

The approximate date when construction of the project can be expected to begin.

(b)

The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin.

(c)

The anticipated rate of development.

(d)

The approximate date when the development of each of the stages will be completed.

(e)

The area and location of common open space that will be provided at each stage.

(12)

Agreements, master deed, bylaws, provisions, or covenants which govern the organizational structure, use, maintenance, and continued protection of the Planned Unit Development and any of its common services, common open areas, or other facilities.

(13)

Any other plans, documents, or schedules requested by the Planning Commission.

(c)

Approval of the Specific Implementation Plan:

(1)

Following a review of the Final Development Plan, the Planning Commission may approve, approve with modifications, or deny the Plan.

(2)

In the event of approval of the Final Development Plan, the building, site, and operational plans for the development, as approved, as well as all other commitments and contractual agreements with the Township with regard to project value, character, and other factors pertinent to an assurance that the proposed development will be carried out basically as presented in the official submittal plans, shall be recorded by the proprietor as part of subdivision or condominium documents. This shall be accomplished prior to the issuance of any building permit.

(3)

Any subsequent change or addition to the plans or use shall be submitted for approval to the Planning Commission. If, in the opinion of the Planning Commission, such change or addition constitutes a substantial alteration of the original plan, the procedure provided in this section shall be required.

H.

Group Day Care Homes:

(1)

The lot or parcel on which such use is located shall be located no closer than 1,500 feet to any of the following:

(a)

Another group day care home.

(b)

An adult foster care group home licensed by the Michigan Department of Social Services.

(c)

A facility offering substance abuse treatment and rehabilitation service to seven or more persons, licensed by the Michigan Office of Substance Abuse Services.

(d)

A community corrections center, resident home, halfway house, or similar facility which houses an inmate population under the jurisdiction of the Michigan Department of Corrections.

(2)

Fencing having a minimum height of five feet shall be provided around all outdoor areas accessible to children and mentally impaired.

(3)

The property shall be maintained and operated in a manner which is compatible with the existing character of the adjoining neighborhood.

I.

Bed and Breakfast Establishments:

(1)

The bed and breakfast establishment shall be adequately serviced by water supply and wastewater disposal facilities. A certification that the existing or proposed facilities meet this requirement shall be supplied to the Township prior to approval of a special land use permit. Said certification may be issued by the Muskegon County Health Department or by a registered professional engineer.

(2)

The establishment shall be located on land with direct access to a paved public road.

(3)

Such uses shall not be established in any two family or multiple-family dwelling.

(4)

One parking space per room available for rent shall be provided on the premises, in addition to the parking required for a single-family dwelling. The parking shall be located so as not to pose negative impact on adjacent properties. The Planning Commission may require screening of the parking area using standards set forth in chapter [13] 16 [300.1307 C.].

(5)

Kitchen facilities are permitted, but must comply with building code and state health department requirements for fire safety and public health.

(6)

Additions or exterior modifications to a structure for the purpose of accommodating additional guests shall be prohibited. Modifications may be permitted to accommodate handicapped persons or to comply with building, fire and public health codes.

(7)

Exterior solid waste storage facilities beyond those needed for a single-family dwelling are prohibited.

(8)

One sign shall be permitted not to exceed six square feet in display area. The sign may be illuminated. The sign shall be setback from the nearest right-of-way line a minimum of 25 feet and shall not exceed three feet in height.

(9)

The dwelling unit in which the bed and breakfast establishment is located shall be the principal residence of the operator, who shall live on-premise[s] while the establishment is open for business.

(10)

Retail and service uses shall be prohibited within a bed and breakfast establishment, including but not limited to gift shop, antique shop, restaurant, bakery or apparel sales.

(11)

Meals may be served only to overnight guests, employees or resident family and a separate fee or charge for meals consumed is prohibited.

J.

Site Condominium Subdivisions:

(1)

Each condominium unit shall comply with the applicable site development standards contained in this Ordinance.

(2)

The site condominium subdivision shall comply with minimum lot area and yard requirements as applied to each condominium unit within the subdivision.

(3)

The site condominium subdivision shall provide for dedication of easements to appropriate public agencies for construction, inspection, operation, maintenance, replacement or removal of pipelines, conduits, wires, mains, and other installations having the purpose of providing public utility services, including conveyance of sewage, potable water, stormwater structures, electric, gas, telephone, CATV or similar utility and lying above, under, through or across the property.

(4)

In addition to information required in section [11.1] 13.1 [300.1101], the special land use permit application for a site condominium subdivision shall include a site condominium subdivision plan containing the following information:

(a)

A project description which describes the nature, use(s), and extent of the proposed subdivision when fully developed.

(b)

A survey plan of the site condominium subdivision.

(c)

Identification of any portion of the site condominium subdivision within or abutting a floodplain or wetland.

(d)

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

(e)

A storm drainage and stormwater management plan, including all proposed stormwater structures and design capacities.

(f)

A description of general and limited common elements of the site condominium as will be contained in the Master Deed.

(g)

The proposed use and occupancy restrictions, and unit ownership obligations with respect to common area maintenance as will be contained in the Master Deed.

(5)

All provisions of the site condominium subdivision plan which are approved by the Planning Commission shall be incorporated, as approved, in the Master Deed for the site condominium subdivision. Any proposed changes from the approved plan shall be subject to review under section 11.3 F. [300.1103 F.]. No such revised plan shall be recorded unless and until proposed changes have been reviewed and approved under terms of this Ordinance.

K.

Commercial extrication.

(Ord. No. 2023-01, § 1, 2-9-2023)

Sec. 11.9. All special uses and standards within section 11.8 [300.1108].

Sec. 11.10.

A.

Veterinary Clinic with Animal Boarding: Same as requirements of section 11.6 H [300.1106 H.].

B.

Indoor Entertainment Uses:

(1)

A drive-up, passenger drop off zone shall be provided at the main entrance to the building which shall not be located in any required setback.

(2)

Parking shall be arranged convenient to the building's main entrance.

C.

Outdoor Commercial Recreation:

(1)

Parking areas shall not be located closer than 150 feet to any property line of land used for or planned for residential use.

(2)

Site lighting shall be designed to prevent direct glare onto adjacent property and public roads.

(3)

Apparatus located outdoors intended to provide thrill rides for people shall be located not less than 200 feet from any property line.

(4)

Midway areas and pedestrian spaces shall be provided with seating, of approved lighting style and landscaping.

D.

Any Business with Drive-Through Facility:

(1)

Sufficient stacking capacity for the drive through portion of the operation shall be provided to ensure that traffic does not back up or extend to a public street or required parking aisle. A minimum of ten stacking spaces in advance of the ordering station shall be provided. Stacking spaces shall be located so as not to interfere with vehicular circulation and ingress/egress to the site.

(2)

In addition to requirements of chapter 14 [300.1400], at least three parking spaces shall be provided in close proximity to the pickup window of the drive through to allow customers waiting for delivery of orders.

E.

Gasoline Service Station:

(1)

Gasoline pump islands may not be located in any required setback area.

(2)

Canopy structures above pump islands shall not extend over any required setback area.

(3)

Any gasoline service station accompanied on the same lot or parcel by a grocery convenience store shall provide parking for both uses as required in this Ordinance, however, spaces at pump islands may be counted in the required parking.

(4)

Driveway access shall be limited to one driveway per public street frontage.

F.

Commercial Garage providing repair services, including mechanical and auto body repairs:

(1)

All equipment and activities associated with vehicle repair shall be within an enclosed building, except air and water hoses.

(2)

Inoperative vehicles left overnight on premises shall be stored within an enclosed building or in an outdoor area enclosed by an opaque fence not less than six feet in height.

(3)

There shall be no outdoor storage of loose auto body parts, mechanical or engine parts, tires, trash, supplies, equipment, used motor oil, and other materials.

(4)

If retail sales of convenience grocery and other goods are conducted on the premises, parking for such uses shall be required in addition to parking spaces required for gasoline islands and related activities.

(5)

Canopy roofs shall not be permitted to encroach into any required yard.

G.

Automobile, Truck or Other Vehicle Washing Facilities:

(1)

Sufficient stacking capacity shall be provided to ensure that traffic to the site does not back up onto any public street or private access drive. A minimum total of 15 stacking spaces shall be provided. For self-service washes at least two stacking spaces shall be provided in front of each wash stall and one at the exit of each stall.

(2)

Vacuuming activities, if outdoors, shall be at least 100 feet from any residential lot line. Wash bays for self-service washes shall be at least 50 feet from any residential lot line.

(3)

Should self-service wash bays be arranged so the longest dimension of each bay is perpendicular to an abutting street right-of-way, then the bays shall be screened or buffered as required by the Planning Commission.

H.

Electric, Plumbing or Non-Automotive Mechanical Repair Service:

(1)

All materials, equipment or merchandise for sale at retail, wholesale or which is used in rendering any repair service shall be stored indoors.

(2)

There shall be no outdoor storage of used materials, scrap or supplies.

I.

Self-Storage Warehouse:

(1)

The minimum lot area shall be two acres.

(2)

Mini-warehouse buildings shall be arranged on the site to prevent deadend aisles.

(3)

Other commercial uses are prohibited on the same lot or parcel with mini-warehouse use.

(4)

A residence may be permitted for security or management personnel on the lot or parcel.

(5)

Parking and circulation requirements:

(a)

One parking space shall be provided for each ten rental storage units on the site.

(b)

Two parking spaces shall be provided for the residence on the premises, exclusive of other parking required.

(c)

If a rental office is located on the lot, including any portion of the residence, there shall be provided not less than ten parking spaces to serve customers.

(d)

All driveways, parking, loading, outdoor storage, and vehicle circulation areas shall be paved.

(e)

Access aisles between storage buildings shall be a minimum of 24 feet in width and shall accommodate two-way flow of vehicles.

(f)

Parking lanes may be provided between buildings. In addition to required access aisle width, parking lanes shall be a minimum of ten feet in width.

J.

Outdoor Storage or display of materials or merchandise for sale in connection with a permitted or special land use:

(1)

Outdoor display is prohibited in any required front yard setback.

(2)

Proposed outdoor display areas for retail sales shall be enclosed with an opaque fence or screen wall not less than five feet in height, although the top two feet may be decorative and not completely opaque.

(3)

Access to the fenced-in display area shall be via the principal building.

(4)

Any area used for outdoor storage or display of goods shall be covered with four inches of washed stone or paved.

(5)

Any display area outdoors shall not occupy required landscape area, parking area or private access drive on the site.

(6)

Lighting of outdoor display areas shall be shielded so as to deflect light from any residential district or public street right-of-way.

(7)

Total outdoor display area shall not exceed either (a) building floor area for the business displaying the goods or material or, (b) 15 percent of the gross lot area. The Planning Commission may adjust upwards to permit a larger display area, but only when the display involves motor vehicles, large equipment, or building materials.

K.

Neighborhood Shopping Center:

(1)

Driveway access shall be limited to two locations, though an additional driveway may be permitted for each 250 feet of public road frontage in excess of 400 feet.

(2)

All buildings and storefronts within the shopping center shall be designed with unified access, parking, internal circulation, landscaping, signage and architecture.

(3)

Site lighting shall be designed and located to prevent glare onto adjacent properties and public streets.

(4)

Parking spaces and internal drives shall be setback not less than 50 feet from all property used or planned for residential use.

L.

Commercial extrication.

(Ord. No. 2023-01, § 1, 2-9-2023)

Sec. 11.11.

A.

Retail Sales Incidental to Permitted Use:

(1)

All sales shall be indoors, unless a special land use permit is issued under provisions of section 11.10 J. [300.1110 J.].

(2)

No additional advertising signs shall be permitted beyond those permitted in the I-Industrial District.

B.

Neighborhood Shopping Center: Same standards as in section 11.10 K. [300.1110 K.].

C.

Gasoline Service Station: Same standards as in section 11.10 E. [300.1110 E.].

D.

Commercial Garage: Same standards as in section 11.10 F. [300.1110 F.].

E.

Bank, Credit Union, Savings Bank or Other Money Lender Establishment with Drive-Through Facilities: Same standards as in section 11.10 D. [300.1110 D.].

F.

Restaurants, including those with drive-through facilities: Same standards as in section 11.10 D. [300.1110 D.].

G.

Extractive Use: This subsection was replaced by Ordinance No. 13; see section 11.4 [300.1104].

H.

Class II and III Landfills: Same standards as in section 11.6 G. [300.1106 G.].

I.

Incinerators:

(1)

All buildings and structures shall be setback not less than 300 feet from any property line.

(2)

Access shall be from a County Primary Road.

(3)

Exterior storage of refuse, recycled materials, or other materials is prohibited.

(4)

Composting on the same lot or parcel is prohibited.

J.

Miscellaneous Industrial Use: Planning Commission may reasonably apply to uses proposed under this section any written standard(s) within chapter 11 [300.1100].

K.

Open Storage of Any Material:

(1)

Open storage on any lot or parcel shall be effectively screened from existing or planned residential use and public streets by an opaque fence, wall or landscaped earth berm.

(2)

Open storage shall not be located in any required setback area.

(3)

Access to open storage shall not be directly from a public street.

Sec. 11.12.

A.

Reason for Ordinance. The reason for this ordinance is to set standard controls and regulations on commercial extraction or mining within the boundaries of Moorland Township, and to authorize such activity only if it can be accomplished without serious adverse consequences.

B.

Definition. Commercial Extrication or Mining: The extrication or removal of soil, dirt, earth, sand, or gravel (sometimes referred to as mineral material), whether for profit or not, from a lot or parcel on which it is located, provided, however, commercial extrication or mining shall not include the following:

(1)

The removal of mineral material which occurs only for the purpose of establishing grades, contours or other features of the lands involved, or to enhance other characteristics of the land, in order that the lands may be developed and used for some other principal and lawful use or uses;

(2)

The moving of topsoil or mineral material from one part of a lot or parcel to another part thereof if such action will not cause or be likely to cause blowing sand, stagnant water, bogs, or serious adverse environmental effects on the property or on adjoining or nearby lands;

(3)

The removal of mineral material where such removal is reasonably necessary for the purpose of erecting, constructing or remodeling a building or other structure, provided all other applicable provisions of this zoning ordinance are satisfied.

(4)

Except as permitted in this ordinance, topsoil may not be removed from a lot or parcel. The extrication or removal of mineral material may not result in an accumulation of standing water except as provided for in a special land use permit granted by the Township Board.

C.

Special Land Use. Commercial extrication shall be considered in any zoning district as a Special Land Use, provided that the minimum lot area for extrication shall be 20 acres. Mining of topsoil is not permitted.

Extraction of natural resources shall be carried out under the conditions of a Special Land Use Permit that is recommended by the Planning Commission and issued by the Township Board. All extrication activities must comply with applicable state and federal laws, rules, and regulations, including but not limited to the Natural Resources and Environmental Protect Act, Act 451 of 1994, as amended.

D.

Application. Before commencement of extraction operations, the operating person or company shall apply for a Special Land Use Permit and pay the application fee established by the Township Board.

(1)

Application Materials. The following materials shall be submitted to the Zoning Administrator:

(a)

A detailed site plan that complies with the requirements of Chapter 15, prepared and sealed by a registered civil engineer, and including the following:

(i)

The location of all bodies of water, including ponds, lakes, rivers, wetlands, ditches or drains. Before the commencement of operations, the Muskegon County Drain Commissioner, and the Department of the Environment, Great Lakes, and Energy ("EGLE") shall approve any mining operations impacting ponds, lake, rivers, wetlands, ditches or drains or wells.

(ii)

The points of access upon public roadways.

(iii)

Roads. The roadway routes to be used in the transportation of materials and equipment must be included in the site plan. Before the commencement of operations, the Muskegon County Road Commission and the Michigan Department of Transportation shall approve such site plans.

(iv)

Reclamation plan for the area that is mined upon the completion of mining operations.

(b)

Any site, which shall include an excavated area of over 5 acres, shall cause a comprehensive review of the Moorland Township Master Plan.

(c)

The Applicant must obtain any required approvals from the Michigan Department of the Environment, Great Lakes, and Energy, the Muskegon County Drain Commission, the Muskegon County Road Commission, any applicable power company, and any other applicable local, state or federal agency.

(d)

Ten copies of the application, including all supporting materials.

(e)

The Planning Commission may also require an environmental impact study, engineering data, traffic impact study, economic analysis or other information concerning the need for and consequences of the proposed mining.

(2)

Approval of Application. Following submission of a complete application, the Zoning Administrator shall forward the application to the Planning Commission. The Planning Commission shall recommend approval or denial of the special land use permit to the Township Board. The Township Board shall have the final discretion to issue the special land use permit.

(3)

Change to Approved Site Plan. Any subsequent changes to the approved site or operational plan must be submitted to the Planning Commission for approval and shall be considered as a new Special Use Request. All site and operational plans shall be kept on file with the Township Zoning Administrator.

(4)

Duration of Permit and Transferability. Special land use permits are valid for the duration of an approved plan, but approval shall not exceed three (3) years. Permits are non-transferable.

(5)

Renewal. The special land use may be renewed in the discretion of the Township Board if the applicant files an application for renewal prior to expiration of the existing special land use permit. Renewals may also be delegated to the Planning Commission by the Township Board.

(6)

Inspections. The Township shall annually inspect the site to confirm adherence to the approved site plan. Adherence to the approved site plan is required for renewal of any special land use permit. A $500 annual site inspection fee will be charged to the operator.

E.

Application Fee Required. A $5,000.00 application fee will be required, in addition to the special land use application fee. The amount of the application fee may be adjusted from time to time by resolution of the Township Board.

In addition to the application fee, the applicant shall be responsible for all township costs in relation to the commercial extrication project, including but not limited to, attorney fees, engineer fees and any other professional consultants. The application fees and costs shall be collected prior to final approval of the Special Land Use Permit by the Township Board.

F.

General Requirements.

(1)

The Applicant shall also file with the township a letter of credit or performance bond in an amount not less than five thousand dollars ($5,000.00) per acre of excavation site prior to the commencement of operation, and if not utilized shall be refunded one hundred twenty (120) days after the expiration of a permit or permanent cessation of operations. The amount of the letter of credit or performance bond may by modified by the Township Board in consultation with the Township Engineer.

(2)

No portion of the extraction area may be used to landfill or deposit materials of any type.

(3)

Topsoil may not be removed from the site.

G.

Mandatory Operational Requirements. The following is a list of mandatory operational standards that are a condition on any Special Land Use Permit for extraction and shall be enforced by the Planning Commission:

(1)

Operation of mining operations shall be restricted to Mondays through Fridays from 8 a.m. until 5 p.m., shall comply with all ordinances, laws, statutes, or other regulatory terms restricting noise and public nuisance. Operation is prohibited on weekends and on generally recognized holidays.

(2)

Entrances, exits, and any access points shall be securely locked at all times during hours of inoperation.

(3)

The maximum size of any pond or hole that is used or related to excavation activities shall be 15 acres.

(4)

Any stockpile cannot exceed a height of 40 feet above grade.

(5)

Any holes for mining must comply with the following setback requirements:

(a)

Right-of-Way of Road: 100 feet

(b)

Center of Road: 133 feet

(c)

Side Property Lines: 100 feet

(d)

Back Property Lines: 100 feet

(6)

Processing equipment must comply with the following setbacks:

(a)

Roads: 200 feet

(b)

Property Lines: 300 feet

(c)

Occupied dwellings: 400 feet

(7)

Any wells or septic systems must comply with setback requirements in applicable health department regulations, including but not limited to regulations promulgated by the Muskegon County Health Department.

(8)

In addition, operator shall be responsible for ensuring that no excess materials organic, inorganic, chemical, or otherwise are deposited upon the public roadways on which the transportation of materials and equipment occurs.

(9)

When extrication operations result in the formation of a body of water the banks of the body of water shall be formed to maintain a slope of 1 foot of drop to every 4 feet of horizontal run. Also, a minimum of two (2) rope and buoy safety stations placed equal distance apart must be maintained at all times.

(10)

Created bodies of water must allow for the establishment of dry hydrant construction and emergency access and/or use if local official deems appropriate.

(11)

Mining operations may not have a negative impact on water. Operating persons or companies must comply with requirements in the site plan and with any other requirements imposed by EGLE.

(12)

Mining activities are prohibited in wetlands.

(13)

If the Muskegon County Road Commission determines that the operating person or company has damaged any road, the operating person or company is responsible for payment to repair the roads. If damage to any road is not repaired by the end of the year in which it was discovered, all excavation activities must cease until the road is fully repaired.

(14)

Sites must have a four (4) foot high page or chain link fence with gated entrances and exits. No trespassing signs are required. If the land is vacant, fencing must remain after mining activities cease. If there is a dwelling on the property, the homeowner shall have discretion whether to keep fencing or remove fencing after mining activities cease.

(15)

Dust Control. No dust or debris are allowed to leave the site. If another brine is needed on the road, the applicant will be responsible for the brine and the cost of the brine.

(a)

Access roads within a permitted site shall be maintained by the operator of the site so as to minimize the dust arising from the use of said roads. Such maintenance shall be accomplished through the application of chloride, water and/or similar dust retardant material.

(b)

Application of oil for dust retardant purposes is prohibited.

H.

Reclamation. Any property with a Special Land Use Permit for excavation must have at least one buildable site when construction of the excavation site is complete.

(1)

Reclamation must be completed within 120 days after a permit is expired.

(2)

The letter of credit or performance bond will continue to be held until 120 days after the cessation of operations or the expiration of a permit. The letter of credit or performance bond will be refunded if reclamation is completed within 120 days after the cessation of operations or the expiration of a permit. If reclamation is not completed within 120 days after the cessation of operations, the Township shall use the letter of credit or performance bond for reclamation of the site.

(3)

Topsoil of a quality equal to that naturally occurring in the surrounding area shall be replaced on all excavated areas not covered by water, except those areas where the operational plan has indicated roads, beaches, or other planned improvements shall be located. Topsoil shall be applied to a depth of at least 8 inches.

(4)

Vegetation shall be appropriately restored via the planting of grasses, trees, shrubs, or other foliage in order to establish a permanent vegetative cover on the land surface and to minimize erosion.

(5)

Upon cessation of mining operations by abandonment or otherwise, the operating person or company shall remove all mining structures, buildings, stockpiles, and equipment within twelve (12) months.

(Ord. No. 03-64, 5-3-2007; Ord. No. 2023-01, § 3, 2-9-2023)