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Mussey Township City Zoning Code

SPECIAL LAND

USE APPROVAL REQUIREMENTS

§ 153.205 GENERAL REQUIREMENTS AND PROCEDURES.

   (A)   (1)   For all special land uses, a site plan shall be submitted to the Township Planning Commission and conform to the requirements and procedures for site plan review set forth in § 153.180. If the plans meet the required standards of this chapter, subchapter and applicable section, and indicate no adverse effects, which in the opinion of the Planning Commission, cause injury to the residents, users or adjoining property or the township as a whole, the Planning Commission shall approve the use. The Planning Commission shall have sole power to approve or disapprove all special land uses.
      (2)   In consideration of all applications for special land use approval, the Planning Commission shall review each case individually as to its applicability and must find affirmatively to each of the following standards of the proposed special land use if it is to be approved.
      (3)   Such uses shall be subject to conditions, restrictions and safeguards deemed necessary within the scope of the law as set forth below.
         (a)   The proposed special land use shall be of such location, size and character that it will be in harmony with the appropriate and orderly development of the surrounding neighborhood and/or vicinity and applicable regulations of the zoning district in which it is to be located.
         (b)   The proposed use shall be of a nature that will make vehicular and pedestrian traffic no more hazardous than is normal for the district involved, taking into consideration vehicular turning movements in relation to routes of traffic flow, proximity and relationship to intersections, adequacy of sight distances, location and access of off-street parking and provisions for pedestrian traffic, with particular attention to minimizing child-vehicle interfacing.
         (c)   The proposed use shall be designed as to the location, size, intensity, site layout and periods of operation of any such proposed use to eliminate any possible nuisance emanating therefrom which might be noxious to the occupants of any other nearby permitted uses, whether by reason of dust, noise, fumes, vibration, smoke or lights.
         (d)   The proposed use shall be such that the proposed location and height of buildings or structures and location, nature and height of walls, fences and landscaping will not interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value.
         (e)   The proposed use shall relate harmoniously with the physical and economic aspects of adjacent land uses as regards prevailing shopping habits, convenience of access by prospective patrons, continuity of development, and need for particular services and facilities in specific areas of the township.
         (f)   The proposed use is necessary for the public convenience at the proposed location.
         (g)   The proposed use is so designated, located, planned and to be operated that the public health, safety and welfare will be protected.
         (h)   The proposed use shall not cause substantial injury to the value of other property in the neighborhood in which it is to be located and will not be detrimental to existing and/or other permitted land uses in the zoning district.
   (B)   Approval. If the Planning Commission determines that the particular special land use should be allowed, it shall endorse its approval thereof on the written application and clearly set forth in writing thereon the particular uses which have been allowed. Thereafter, the enforcing officer may issue a building permit in conformity with the particular special land use so approved. In all cases where a particular special land use has been granted as provided herein, application for a building permit is pursuance thereof must be made and received by the township not later than 120 days thereafter, or such approval shall automatically be revoked, provided, however, the Planning Commission may grant an extension thereof for good cause shown under such terms and conditions and for such period of time not exceeding six months as it shall determine to be necessary and appropriate.
   (C)   Denial. If the Planning Commission shall determine that the particular special land use requested does not meet the standards of this chapter or otherwise will tend to be injurious to the public health, safety, welfare or orderly development of the township, it shall deny the application by a written endorsement thereon which clearly sets forth the reason for such denial.
   (D)   Record. If the Planning Commission shall determine that the particular special land use requested does not meet the standards of this chapter or otherwise will tend to be injurious to the public health, safety, welfare or orderly development of the township, it shall deny the application by a written endorsement thereon which clearly sets forth the reason for such denial.
   (E)   Hearings. The Planning Commission shall investigate the circumstances of each such case and give notice of the time and place of any hearing, meeting or review which may be held relative thereto as required by state law and/or its rules or procedure.
   (F)   Conditions.
      (1)   The Planning Commission may impose such conditions or limitations in granting approval as may be permitted by state law and this chapter which it deems necessary to fulfill the spirit and purpose of this chapter. The conditions may include, conditions necessary to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land and to promote the use of land in a socially and economically desirable manner.
      (2)   Conditions imposed shall do all the following:
         (1)   Be designed to protect natural resources, the health, safety and welfare, as well as the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole;
         (2)   Be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity; and
         (3)   Be necessary to meet the intent and purpose of the zoning regulations; be related to the standards established in this chapter for the land use or activity under consideration; and be necessary to ensure compliance with those standards.
      (3)   The conditions imposed with respect to the approval of a land use or activity shall be recorded in the record of the approval action and shall remain unchanged except upon the mutual consent to the approving authority and the landowner. The Planning Commission shall maintain a record of changes granted in conditions.
(Ord. passed 10-11-2000) Penalty, see § 153.999

§ 153.206 AIRPORTS.

   Airports, airfields, runways, hangars, beacons and other facilities involved with aircraft operations may be permitted in the AG District subject to the provisions of this chapter and the following special standards.
   (A)   General. Airports, airfields, runways, hangars, beacons and other facilities involved with aircraft operations shall be subject to all rules and regulations of the Federal Aviation Administration, which agency shall approve the preliminary plans submitted to the township. All aircraft approach lanes, as established by appropriate aviation authorities, shall be so developed as to not endanger the permitted land use. Permitted height of buildings, structures, telephone and electrical lines and appurtenances thereto shall be considered factors in consultations with the appropriate aeronautical agencies, in considering an airport use.
   (B)   Yard and placement requirements.
      (1)   No building or structure or part thereof shall be erected closer than 60 feet from any property line.
      (2)   Those buildings to be used for servicing or maintenance shall not be located on the outer perimeter of the site where abutting property is zoned residential.
   (C)   Performance requirements. All lights used for landing strips and other lighting facilities shall be so arranged as not to reflect towards adjoining non-airport uses.
   (D)   Prohibited uses. The open storage of junked or wrecked motor vehicles or aircraft shall not be permitted, except that wrecked aircraft may be stored in the open for not more than 30 days from the date of the accident.
   (E)   Off-street parking requirements.
      (1)   One parking space shall be required for every three airplanes stored on the site.
      (2)   All off-street parking shall be paved and constructed to the standards of this chapter.
(Ord. passed 10-11-2000) Penalty, see § 153.999

§ 153.207 CEMETERIES.

   Cemeteries may be permitted in certain districts specified in this chapter, subject to the standards of this chapter and the following special standards.
   (A)   The area to be occupied by the cemetery shall not have more than 51% of its land area in recorded plots.
   (B)   The continuity of all roads present or planned for adjacent areas shall be satisfactory resolved to provide safe and prompt access and egress to and from such areas.
   (C)   All ingress and egress shall be directly to a public road having a right-of-way of not less than that of a secondary thoroughfare (86 feet) or the proposed right-of-way of a major thoroughfare on the township’s adopted thoroughfare plan.
   (D)   All sides of the cemetery shall be screened from any residential view by providing a continuous and completely obscuring wall or fence, four feet six inches in height, measured from the surface of the ground. The Planning Commission may permit a chain-link type fence adequately screened with deciduous and evergreen material.
   (E)   Approval shall be given contingent on a satisfactory drainage plan approved by the Township Engineer and the County Health Department.
(Ord. passed 10-11-2000) Penalty, see § 153.999

§ 153.208 CHURCHES AND PUBLIC BUILDINGS.

   Churches and public buildings may be permitted in certain districts specified in this chapter, subject to the standards of this chapter and the following special standards.
   (A)   Site requirements.
      (1)   Minimum site shall be three acres on a continuous parcel; and
      (2)   The site shall abut a public road having a right-of-way of not less than that of a secondary thoroughfare (86 feet) or the proposed right-of-way of a major thoroughfare on the township’s adopted thoroughfare plan.
   (B)   Yard and placement requirements.
      (1)   Front and rear yard requirements shall be the same as those listed for the district in which the special land use is requested.
      (2)   Side yard shall be the same as those listed in the requested district for permitted nonresidential uses.
      (3)   Maximum lot coverage shall be the same as for the district in which the special land use is requested.
   (C)   Off-street parking.
      (1)   A facility without fixed seats or pews shall have one parking space for every 100 square feet of usable floor area.
      (2)   No off-street parking shall be permitted in the front yard space.
      (3)   All off-street parking shall be paved and constructed to the standards of this chapter.
(Ord. passed 10-11-2000) Penalty, see § 153.999

§ 153.209 COMMERCIAL OUTDOOR RECREATION.

   Commercially used outdoor recreational space for adult or children’s amusement parks, carnivals, rebound tumbling facilities, miniature golf courses and golf driving ranges are permitted in the B-2 District subject to the following special standards.
   (A)   All lighting shall be shielded from adjacent residential districts.
   (B)   Parking areas shall be provided off the road right-of-way and shall be fenced with a four foot, six inch wall or fence where adjacent to a residential district or existing residential use.
   (C)   Children’s amusement parks must be fenced on all sides with a four-foot, six-inch wall or fence.
   (D)   No loud speaker or public address system shall be used except by the written consent of the Township Board wherein it is deemed that no public nuisance or disturbance will be established.
(Ord. passed 10-11-2000) Penalty, see § 153.999

§ 153.210 DISPOSAL AREAS.

   Disposal areas and landfills are permitted in AG Districts subject to the requirements of this chapter and the following special standards.
   (A)   The location of all disposal areas within said districts shall be sufficiently distant from pre-existing development so as not to be injurious to public health, safety and welfare, and in no instance shall the operation of the landfill be setback less than 500 feet from the road right-of-way and from any residential home, and the side line setback shall be a minimum of 100 feet from the property line of said licensee for the operation of said landfill.
   (B)   Disposal area activity shall only be allowed as a special land use activity within zoning districts specified in this chapter and subject to the provisions of this subchapter. The purpose of these procedures is to provide for the use of lands and disposal areas and to regulate and control said use for the preservation of public health, safety and welfare. Disposal areas are considered to be a temporary use of land only, therefore, the further intent of those provisions is to assure that such operations are conductive to and result in the reclamation of the land for other purposes. The requirements of this section shall be in addition to the requirement of all applicable state laws.
      (1)   Licensing procedures.
         (a)   An application for the approval of a disposal area license shall be made by an owner of an interest in the land on which the disposal area is to be located to the Township Clerk. The Township Board is the final authority to issue the license applied for hereunder after receiving the approval of the Planning Commission for the special land use. The application shall be accompanied by information and documents identical to that presented to the State Department of Public Health as required by state law, and the regulations promulgated pursuant thereto. Further, each application shall include a description of existing development within a one-half mile radius of the proposed disposal area. All applications shall be accompanied by a fee to be established by the Township Board to defray the costs of processing the same and to cover engineering and legal expenses.
         (b)   All licenses issued hereunder shall expire December 31 of each year but may be renewed upon payment of an annual fee of $1,200 if the licensee has complied with all of the requirements of the license issued. The Township Board may revoke any license upon breach of any condition, safeguard or requirement provided for in this chapter or in the license issued and the licensee’s bond would be forfeited. A license shall not be assignable.
         (c)   Each licensee shall submit a corporate surety bond for a sanitary landfill in an amount equal to $750 per acre of disposal area, but not less than $5,000. Each bond shall provide assurance for the maintenance of finished landfill site for a period of five years after the landfill is completed. Surety bonds for other disposal areas shall be in an amount equal to 0.25% of the construction cost of the facility but shall not be less than $5,000.
         (d)   This chapter does not prohibit an individual from disposing of refuse from his or her own household upon his or her own land as long as such disposal does not create a nuisance or hazard to health. Rubbish accumulated as a part of the improvement or the planting of privately owned farmland may be disposed of on the property provided the method used is not injurious to human life or property or unreasonably interferes with the enjoyment of life and property.
         (e)   No license shall be issued until a certification of insurance is filed with the Township Clerk indemnifying the township in the amount of $250,000 each person and $500,000 each occurrence, from any claim or loss incurred by the township as a result of the issuance of this license in the operation of the landfill pursuant to said license.
      (2)   General requirements for licensing. Where refuse is removed from premises, to a location other than its point of origin, for disposal or where refuse is not removed from the premises but disposed at the point of origin in such quantities as to become of public health concern:
         (a)   Plans and specifications. Refuse disposal facilities shall be designed in accordance with this subchapter by a registered professional engineer. Detailed plans, specifications and necessary reports shall be submitted in triplicate to the Township Planning Commission and the Township Board for review, approval and file. Alterations or deviations from these plans shall also be submitted for approval and file;
         (b)   Inspections and evaluation. The Building Inspector shall make routine inspections and evaluations of solid waste disposal operations. A written notice of deficiencies, together with recommendations for their correction, shall be provided to the operator or the appropriate individual, firm, or corporation thereof responsible for the solid waste disposal operation.
   (C)   Sanitary landfills shall be governed by the following requirements.
      (1)   Sanitary landfills; design.
         (a)   Maps. The design of the sanitary landfill shall include one or more topographic maps at a scale of not over 100 feet to the inch with contour intervals which clearly show the character of the land. These maps and accompanying data shall indicate the following: the proposed fill area; any borrow area; access roads; on-site roads; grades for proper drainage of each lift required and a typical cross-section of lift; special drainage devices if necessary; fencing; structures on the site; existing and proposed utilities; and all other pertinent information to indicate clearly the soil characteristics, water table, orderly development, operation and completion of the sanitary landfill. A sanitary survey and a land use plan of adjacent areas may be required.
         (b)   Geology. The geological characteristics of the site shall be determined by on-site testing or from earlier reliable survey data to indicate soil conditions, water tables and sub-surface characteristics.
         (c)   Characteristics of cover materials. Cover material shall be of such character that it can be compacted to provide a tight seal and shall be free of putrescible materials and large objects.
         (d)   Water pollution and nuisance control. Sanitary landfill operations shall be so designed and operated that conditions of unlawful pollution will not be created and injury to ground and surface waters avoided which might interfere with legitimate water uses. Water filled areas not directly connected to natural lakes, rivers or streams may be filled with specific inert materials not detrimental to legitimate water use and which will not create a nuisance or hazard to health. Special approval of the inert material to be used in this manner is required in writing from the Township Board. Such approval shall be filed with the Township Clerk. Inert material shall not include residue from refuse incinerators, unless evidence, satisfactory to the Township Board is submitted by the licensee substantiating that such residue will not create a nuisance or hazard to health. Sand and gravel shall not be removed below the level established by the Township Board upon the recommendation of its township engineers to ensure that the water tables in the area are not affected.
         (e)   Equipment. Adequate numbers, types and sizes of properly maintained equipment shall be used in operating the landfill in accordance with good engineering practice. Emergency equipment shall be available on the site or suitable arrangements made for such equipment from other sources during equipment breakdown or during peak loads.
      (2)   Sanitary landfills; preparation of the site.
         (a)   On-site roads. On-site roads shall be designed and constructed so that traffic will flow smoothly and will not be interrupted by ordinary inclement weather. On-site roads shall be maintained and kept dust free at all times.
         (b)   Adjacent public roads. Public roads adjacent to said premises, used for haul routes, must also be maintained and kept dust free. Stop signs must be posted at the egress road for traffic safety. Street address for the parcel shall be posted on a sign which can be readily seen and read from the public right-of-way.
***
         (c)   Fire protection. Suitable measures shall be available to extinguish accidental fires.
      (3)   Sanitary landfills; operations.
         (a)   Supervision of operations. A landfill operation shall be under the direction of a responsible individual at all times.
         (b)   Limited access. Access to a sanitary landfill shall be limited to those times when an attendant is on duty and only to those authorized to use the site for the disposal of refuse, except as otherwise approved in writing by the Township Board. Access to the site shall be controlled by a suitable barrier.
         (c)   Unloading of refuse. Unloading of refuse shall be continuously supervised.
         (d)   Site maintenance. Measures shall be provided to control dust and blowing paper. The entire area shall be kept clean and orderly.
         (e)   Spreading and compacting of refuse. Refuse shall be spread so that it can be compacted in layers not exceeding a depth of two feet of compacted material. Large and bulky items when not excluded from the site, shall be disposed of in a manner approved by the Building Inspector.
         (f)   Volumes of cells. Volumes of individual cells shall not exceed the daily quantity of wastes.
         (g)   Daily cover. A compacted layer of at least six inches of suitable cover material shall be placed on all exposed refuse by the end of each working day.
         (h)   Mulch and seeding. The application of mulch and seeding shall be completed as shown on the engineering plans to be submitted with the license.
         (i)   Final cover. A layer of suitable cover material compacted to a minimum thickness of three feet shall be placed over the entire surface of each portion of the final lift not later than one week following the placement of refuse within that portion.
         (j)   Maintenance of cover. All daily cover depths must be continually maintained and final cover depths shall be maintained for a period of five years.
         (k)   Hazardous materials including liquids and sewage. Hazardous materials, including liquids and sewage, shall not be disposed of in a sanitary landfill. This provision in no way precludes the right of a landfill operator to exclude any materials.
         (l)   Burning prohibited. No burning shall be permitted at any sanitary landfill.
         (m)   Salvage. Salvaging, if permitted, shall be organized so that it will not interfere with prompt sanitary disposal of refuse or create unsightliness or health hazards. This provision in no way precludes the right of a landfill operator to exclude any materials.
         (n)   Insect and rodent control. Conditions unfavorable for the production of insects and rodents shall be maintained by carrying out routine landfill operations promptly in a systematic manner. Supplemental insect and rodent control measures shall be instituted wherever necessary. Inspections shall be made quarterly by the appropriate state agency.
         (o)   Drainage of surface water. The entire site, including the fill surface, shall be graded and provided with drainage facilities to minimize runoff onto and into the fill, to prevent erosion or washing of the fill, to drain off rainwater falling on the fill, and to prevent the collection of standing water.
         (p)   Completion of landfill. An inspection of the entire site shall be made by the Building Inspector to determine compliance with the approved plans and specifications before the earthmoving equipment is removed from the site. Any necessary corrective work shall be performed before the landfill project is accepted as completed. Arrangements shall be made for the repair of all cracked, eroded, and uneven areas in the final cover during the first five years following completion of the fill.
         (q)   Hours of operation. Disposal areas shall not conduct operations between the hours of 5:00 p.m. and 7:00 a.m. nor on Sundays or legal holidays. Other reasonable restriction on hours of operation may be included in or added to the conditions of individual licenses.
         (r)   Fencing. The entire site shall be completely fenced with a fence of not less than six feet in height nor squares larger than two square inches in diameter, preferably a chain link type fence.
   (D)   Control of noise. At no point on the boundary of any nonindustrial district shall the sound pressure level of any operation exceed the described levels in the designated octave bands below:
Octave Band in Cycles per Second
Maximum Permitted Sound Level in Decibels
Octave Band in Cycles per Second
Maximum Permitted Sound Level in Decibels
0 to 75
72
75 to 150
67
150 to 300
59
300 to 600
52
600 to 1,200
46
1,200 to 2,400
40
2,400 to 4,800
34
Above 4,800
32
 
   (E)   Control of odors. There shall be no emission of odorous matter in such quantities as to be offensive at lot boundary lines. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail.
   (F)   Open dumps. Open dumps shall not be permitted.
   (G)   Other reasonable restrictions. The Township Board may impose such other reasonable restrictions as conditions to the issuance of the license hereunder.
(Ord. passed 10-11-2000) Penalty, see § 153.999

§ 153.211 GOLF COURSES.

   Golf courses may be permitted in certain districts specified in this chapter, subject to the standards of this chapter and the following special standards.
   (A)   Major accessory uses such as a restaurant and bar shall be housed in a single building with the club house. Minor accessory uses strictly related to the operation of the golf course itself, such as maintenance garage and pro shop or golf shop may be located in separate structures. No structure shall be located closer than 75 feet from the lot line of any adjacent residential land and from any existing or proposed public right-of-way.
   (B)   All parking areas shall be paved and constructed in accordance with the standards of this chapter.
   (C)   All ingress and egress from the site shall be directly onto a major or secondary thoroughfare.
   (D)   All outdoor lighting shall be shielded to reduce glare and arranged so as to reflect the light away from abutting residential areas.
   (E)   Whenever included, swimming pools shall be provided with a protective fence not less than six feet in height, and entry shall be provided by means of a controlled gate or turnstile.
(Ord. passed 10-11-2000) Penalty, see § 153.999

§ 153.212 GENERAL HOSPITALS.

   General hospitals may be permitted in certain districts specified in this chapter, subject to the standards of this chapter and the following special standards.
   (A)   All such hospitals shall be developed on sites consisting of at least five acres in area for the first 100 beds or less plus one acre for each additional 25 beds.
   (B)   The proposed site shall have at least one property line abutting a major thoroughfare and vehicular ingress and egress to the site shall be directly onto said thoroughfare.
   (C)   The site plan shall show that a proper relationship exists between the abutting thoroughfare and any proposed service roads, driveways and parking areas to encourage pedestrian and vehicular traffic safety.
   (D)   All the development features including the principal building and any accessory buildings, open spaces and all service roads, driveways and parking areas are so located and related to minimize the possibility of any adverse effects upon adjacent property.
(Ord. passed 10-11-2000) Penalty, see § 153.999

§ 153.213 KENNELS.

   Commercial kennels (as defined in § 153.002 of this chapter) and kennels (as defined and regulated by the county animal control and protection ordinance, as amended), may be permitted as a special land use in the AG Agricultural Districts and in the SF Single-Family Rural Residential Districts subject to the following requirements.
   (A)   Site requirements.
      (1)   The minimum site size is ten acres.
      (2)   The kennel must be accessory to an owner-occupied dwelling on the same parcel.
      (3)   The subject property must be so located as not to hinder the natural and presumed residential development of the area.
   (B)   Yard and placement requirements.
      (1)   Front yard setback: a minimum of 250 feet from the center of the road.
      (2)   Side yard setbacks: a minimum of 150 feet from the property line.
      (3)   Rear yard setback: a minimum of 250 feet from the rear property line.
   (C)   Off-street parking requirements.
      (1)   A minimum of five parking spaces shall be distinctly for the kennel use.
      (2)   The parking area shall be screened from view of any abutting residential use by one or more of the means cited under § 153.177(A)(1), (A)(2), (A)(3), (A)(4) or (A)(5).
      (3)   Required parking must be improved in accordance with the standards of § 153.170.
   (D)   Required conditions.
      (1)   The Planning Commission may require adequate means of noise control, including but not limited to buffering, use of berms, inside night time (also potentially day time) housing of animals, and any other reasonable means to ensure adequate protection and enjoyment of neighboring properties. Failure by the developer of a kennel to demonstrate in his or her proposal the adequate provision of means to control noise shall be grounds to deny special land use approval.
      (2)   Between the hours of 10:00 p.m. and 7:00 a.m. all animals are to be confined to a sound proof and odor proof building that is completely closed and climate controlled. During all other hours, the animals may be exercised outdoors.
      (3)   Noise control shall be subject to § 153.172(E).
      (4)   Odor control shall be subject to § 153.172(F).
      (5)   Waste disposal shall be subject to § 153.172(G).
      (6)   Outdoor exercise runs require at least two of the following three provisions:
         (a)   Individual pens separated by privacy panels to prevent dogs from seeing one another;
         (b)   A yard completely enclosed by an obscuring six-foot fence; and/or
         (c)   A second yard enclosed by a six-foot chain link fence.
   (E)   Periodic inspections. The Zoning Administrator may make periodic inspections to ensure that the originally approved special land use and site plan review requirements are being complied with. Failure to comply with originally approved requirements may provide grounds for citation of violation under § 153.999. If a violation is discovered, the Zoning Administrator shall provide a written notice of the violation(s) and offer a reasonable time period for remedy by the owner, not to exceed 90 days. If in the judgment of the Zoning Administrator, there have been repeated or serious violations, he or she may proceed with enforcement under § 153.999 without the remedy period.
   (F)   Modification of conditions. The owner of a property with an existing approved kennel special land use permit (as with any special land use) may seek appropriate modification of any conditions of the special land use permit, through the same process by which the original special land use was approved.
   (G)   County kennel license. The applicant shall obtain a county kennel license within one year after site plan approval and before opening of use, and thereafter a county kennel license shall be maintained in accordance with the originally approved special land use.
   (H)   Conflicting provisions. In cases where there is a conflict between any provision of this chapter and the county animal control and protection ordinance, the more stringent provision shall govern.
(Ord. passed 10-11-2000; Ord. 30, passed 2-9-2011) Penalty, see § 153.999

§ 153.214 SHOOTING RANGES, GUN CLUBS AND LARGE SCALE GAMING PRESERVES.

   Shooting ranges, gun clubs and similar uses, such as large scale game preserves, may be permitted subject to the following.
   (A)   The minimum site size shall be 80 acres with a minimum width of 1,320 feet.
   (B)   Off-street parking shall be provided in the ratio of one space for each three users at capacity. All parking areas shall be kept dust-free at all times so as not to become a nuisance to adjoining properties.
   (C)   All parking areas shall be screened from view of an adjoining residential district or use by either a greenbelt, obscuring fence or a masonry wall, whichever is determined by the Planning Commission to be the most appropriate and effective.
   (D)   The hours when shooting is permitted shall be limited from 9:00 a.m. to 9:00 p.m. Monday through Saturday and 12 noon to 6:00 p.m. Sundays. The Planning Commission may apply more restrictive hours where protection for adjoining residents is necessary.
   (E)   The design of the facility shall clearly show that safety of persons on and off the site is guaranteed. This shall mean that no projectile of any kind may be permitted to leave the site. Unless this safety requirement is clearly indicated by the design plans, a permit shall not be issued. The design of all ranges shall incorporate the recommended safety features.
   (F)   The firing range shall be fenced on all sides except the firing line, by a fence no less than eight feet in height. Such fence shall be either of a chain-link type or of board construction sufficient to prevent persons from passing over or through the fence.
   (G)   The firing line or other area from which firearms are discharged shall be located no closer than 150 feet from any property line or road right-of-way, nor closer than 500 feet from any existing residential structure other than those on the premise.
   (H)   Game and hunting preserves shall be completely fenced to prevent participants from trespassing on adjoining properties. Signs warning participants not to cross the fence shall be placed every 200 feet along its perimeter. Failure to follow this requirement shall be grounds for immediate revocation of the applicant’s special land use permit.
   (I)   All development features including the principal building shall be designed and arranged to minimize the possibility of any adverse effect upon adjacent property.
   (J)   No activity shall take place within 30 feet of the perimeter of the recreational area. All such activities shall be screened from abutting residentially-zoned property with a greenbelt, obscuring fence or masonry wall, whichever is determined by the Planning Commission to be the most appropriate and effective.
(Ord. passed 10-11-2000) Penalty, see § 153.999

§ 153.215 MINING AND EXTRACTION.

   Soil, sand, clay, gravel, topsoil or similar removal operations may be permitted in certain districts specified in this chapter, subject to the standards of this chapter and the following special standards.
   (A)   Permit required. Where sand, gravel, topsoil or other substances are proposed to be removed from the site where found to another site, an annual operating permit is required to be obtained from the Township Board, after approval of the special use by the Planning Commission.
      (1)   Application for permit. The following information must be submitted as a part of the special land use request, for use by the Township Board in determining whether an operating permit should be issued:
         (a)   Names and addresses of parties of interest in said premises setting forth their legal interest in said premises;
         (b)   Full legal description of the premises wherein operations are proposed;
         (c)   Detailed statement as to method of operation, such as wet or dry method, what type of machinery or equipment will be used and estimated period of time that such operation will cover;
         (d)   Detailed statement as to exactly what type of deposit is proposed to be extracted;
         (e)   Proposed method of filling excavation where quarrying results in extensive under-surface excavation; and
         (f)   Map prepared by a registered civil engineer or surveyor, at a scale of not more than 200 feet to the inch of the excavation area, and real property within one-half mile of such area with the names of the owners of record of such property, all residences and commercial establishments with such area and contour lines at not more than five-foot intervals. Such owner shall also present a map showing the proposed contours to which the excavation area would be established upon completion of the excavation operations.
      (2)   Permit fees. The sum established by resolution of the Township Board shall accompany the application for a mining and extraction permit. Said sum is to be used to defray the cost of engineering services, investigation, publication charges and other miscellaneous administrative expenses occasioned by processing such application. Permits issued by the Township Board shall be for a period of one year expiring December 31 each year, and such permits may be renewed by the payment of an annual inspection fee established by resolution of the Township Board. Such permits shall be renewed as herein provided for so long as the permittee complies with all of the provisions of this chapter or other conditions of this permit.
      (3)   Permits. After reviewing all of the information submitted by the applicant and such other information as may be in the hands of the Township Board, said Board shall at a regular meeting determine whether or not a permit will be issued. The permit shall be issued in the event the Township Board shall determine that the issuance of the permit would not detrimentally affect the public health, safety, morals and general welfare of citizens of the township.
   (B)   Required conditions. The following requirements shall be mandatory.
      (1)   Pit operations.
         (a)   Where any excavation in excess of five feet deep will result from such operations, the applicant shall erect a fence completely surrounding the portion of the site where the excavation extends, said fence to be not less than five feet in height complete with gates, which gates shall be kept locked when operations are not being carried on.
         (b)   All interior roads used in connection with said excavation site shall be kept dust free by hardtopping with cement or bituminous substance. All ingress and egress to the site shall be directly onto a public road designated as a major or secondary thoroughfare on the township’s adopted thoroughfare plan and having a paved surface suitable for carrying Class A loadings on a year-round basis. Weights for Class A loadings shall be as defined by the County Weighmaster.
         (c)   The slopes of the banks of the excavation shall in no event exceed a minimum of seven feet to one foot (seven feet horizontal to one foot vertical) and where ponded water results from the operation, this slope must be maintained and extended into the water to a depth of five feet.
         (d)   Where quarrying operations result in a body of water, the owner or operator shall place appropriate “Keep Out - Danger” signs around said premises not more than 200 feet apart. In order to protect water wells and the water supply of the township, the pumping or draining of water from such quarrying operations is absolutely prohibited. A drag line or other method of quarrying approved by the Township Board shall be followed.
         (e)   No cut or excavation shall be made closer than 50 feet from the nearest street or highway right-of-way line nor nearer than 50 feet to the nearest property line; provided however, that the Planning Commission may prescribe more strict requirements in order to give sublateral support to surrounding property where soil or geographic conditions warrant it.
      (2)   Regulations for stripping.
         (a)   No soil, sand, gravel, clay or similar materials shall be removed below a point six inches above the mean elevation of the center line of the nearest existing or proposed street or road established or approved by the County Road Commission, except as required for the installation of utilities and payments.
         (b)   No soil, sand, clay, gravel or similar materials shall be removed in such manner as to cause water to collect or to result in a place of danger or a menace to the public health. The premises shall at all times be graded so that surface water drainage is not interfered with.
         (c)   Sufficient topsoil shall be stockpiled on said site so that the entire site, when stripping operations are completed, may be recovered with a minimum of four inches of topsoil and the replacement of such topsoil shall be made immediately following the termination of the stripping operations. In the event, however, that such stripping operations continue over a period of time greater than 30 days, the operator shall replace the stored topsoil over the stripped areas as he or she progresses. In order to stabilize the replaced topsoil, the areas shall be seeded with an appropriate grass cover as replacement of topsoil progresses.
   (C)   Surety bond. The Township Board shall, to ensure strict compliance with any regulations contained in this section or required as a condition of the issuance of a permit either for mining or topsoil stripping, require the permitee to furnish a surety bond executed by reputable surety company authorized to do business in the state in an amount determined by the Township Board to be reasonably necessary to ensure compliance hereunder. In fixing the amount of such surety bond, the Township Board shall take into account the size and scope of the proposed quarry, probable cost of rehabilitating the premises upon default of the operator, estimated expense to compel operator to comply by court decree, and such other factors and conditions as might be relevant in determining the sum reasonable in the light of all facts and circumstances surrounding each application.
(Ord. passed 10-11-2000) Penalty, see § 153.999

§ 153.216 VEHICLE CONVENIENCE STATIONS.

   Vehicle convenience stations may be permitted in certain districts specified in this chapter subject to the following.
   (A)   Retail gasoline sales and convenience commercial facilities (no vehicle repair).
      (1)   All structures, including canopies, shall conform to the setback provisions in § 153.150 in the Schedule of District Regulations.
      (2)   All retail sales activity, other than gasoline sales, shall be conducted entirely within a completely enclosed structure. No outside storage of any product or material is permitted.
      (3)   All lighting shall be noted on the site plan and shielded downward and away from adjacent properties and rights-of-way. All lighting shall be designed to prevent glare from negatively impacting adjacent properties or rights-of-way.
      (4)   There shall be no storage of vehicles on the site, including wreckers or other service vehicles.
      (5)   A masonry wall of face brick or poured concrete with brick pattern on both sides, shall be located on all property lines which abut any residential district. In addition, a greenbelt shall be installed adjacent to the required wall. The wall and greenbelt shall be constructed in accordance with the criteria in §§ 153.173 and 153.177. Where the parcel abuts any other district the screening and landscaping options in § 153.177 shall be applied by the Planning Commission.
      (6)   There shall be no loudspeaker or public address system other than individual intercom systems for each pump.
      (7)   Primary ingress/egress shall be off of a major or secondary thoroughfare. Secondary ingress/egress on any residential street shall be designed to reduce negative impact on adjacent residential areas. On corner sites, ingress and egress drives shall be located as distant as possible from the intersection, taking into consideration the location of adjacent drives and uses. Drives shall be limited to one per adjacent road unless it is clearly demonstrated by the applicant, after submittal of a traffic impact study, that additional access is necessary for safety reasons.
      (8)   All trash storage areas shall be screened from view as approved by the Planning Commission.
      (9)   The location, size and type of all above-ground and underground storage tanks and piping shall be noted on the site plan. All tanks shall have appropriate secondary containment and leak detection which shall be noted on the site plan. All tanks shall be registered and otherwise comply with all state and local codes.
   (B)   Retail gasoline sales with limited repair facilities.
      (1)   Compliance with the provisions outlined in Section 1402A and 1403 is required.
      (2)   No outdoor storage or parking of wreckers or other service vehicles is permitted.
(Ord. passed 10-11-2000) Penalty, see § 153.999

§ 153.217 GROUP DAY CARE HOMES AND GROUP DAY CARE FACILITIES.

   Group day care homes and group day care facilities may be permitted in certain districts specified in this chapter, subject to the following.
   (A)   All such uses shall provide adequate drop-off and waiting spaces so that vehicles are not standing or queuing in a public right-of-way or block ingress to the site.
   (B)   All outdoor recreation or play areas shall be enclosed by a minimum four-foot high chain link fence.
   (C)   The site shall contain a minimum of 150 square feet of outdoor play area for each child and shall not be less than 2,500 square feet in total.
   (D)   The site layout shall be designed to ensure pedestrian safety by separating play areas and drop-off/pick-up points from parking and driveways.
   (E)   Outdoor play areas shall be located to minimize the impact of noise on adjacent residential property. The Planning Commission may require screening, buffering and locational modifications to the proposed site plan to minimize impacts on adjacent residential property.
(Ord. passed 10-11-2000) Penalty, see § 153.999

§ 153.218 CONVALESCENT OR REST HOME, HOME FOR THE AGED.

   A convalescent or rest home, or home for the aged or physically handicapped is permitted in certain districts as specified in this chapter subject to requirements of this chapter and the following special standards.
   (A)   Site requirements.
      (1)   All ingress and egress shall be directly to a public road having a right-of-way of not less than that of a secondary thoroughfare (86 feet) or the proposed right-of-way of a major thoroughfare on the township’s adopted thoroughfare plan.
      (2)   The maximum extent of development shall not exceed 30 beds per acre.
   (B)   Yard and placement requirements. No building other than a structure for strictly residential purposes shall be closer than 60 feet to any property line.
   (C)   Off-street parking requirements.
      (1)   There shall be one parking space provided for each two beds and every two staff members.
      (2)   All off-street parking shall be paved and constructed to the standards shown in §§ 153.165 through 153.191.
(Ord. passed 10-11-2000) Penalty, see § 153.999

§ 153.219 EDUCATIONAL INSTITUTIONS.

   Educational institutions including pre-schools, elementary, middle and high schools, colleges, universities and other such institutions of higher learning for profit and non-profit, offering courses in general, technical, or religious education may be permitted in certain districts specified in this chapter, subject to the following.
   (A)   All ingress and egress from said site shall be directly onto a major or secondary thoroughfare.
   (B)   No building shall be closer than 100 feet to any property line and/or existing or proposed public right-of-way.
   (C)   All service and storage areas shall be screened from view by a land form buffer, buffer strip or screen fence/wall and adjacent greenbelt designed and planted in accordance with §§ 153.173 and 153.177.
   (D)   All areas for student and staff parking shall be setback at least 75 feet from an abutting residential district or residential use and shall be screened from view by a land form buffer, buffer strip or screen fence/wall and adjacent greenbelt designed and planted in accordance with §§ 153.173 and 153.177.
   (E)   Minimum parcel site shall be five acres.
(Ord. passed 10-11-2000) Penalty, see § 153.999

§ 153.220 OUTDOOR SALES LOTS.

   Outdoor sales lots for automobiles, trucks, trailers, boats, mobile homes and similar uses may be permitted in certain districts specified in this chapter subject to the following.
   (A)   An outdoor lighting plan shall specify the type of fixtures to be used, light intensity and method of shielding the fixtures so that light does not project onto adjoining properties or on any public or private street or right-of-way. The site plan shall detail this information.
   (B)   There shall be no festoon signs or bare light bulbs permitted.
   (C)   No vehicles or merchandise for sale shall be displayed within any required greenbelts, landform buffers, buffer strips or other landscape or open space area.
   (D)   Loudspeakers or public address systems are prohibited.
(Ord. passed 10-11-2000) Penalty, see § 153.999

§ 153.221 UTILITY AND PUBLIC SERVICE FACILITIES.

   Public utilities buildings including telephone exchange buildings and repeater stations, electric transformer substations and stations and gas regulator stations (all without storage yards) when operations requirements necessitate the locating within the district in order to serve the immediate area are permitted in certain districts as permitted within this chapter subject to the requirements of this chapter and the following special conditions.
   (A)   All such uses shall be completely enclosed and the site fenced with a suitable chain link fence not less than four feet in height.
   (B)   The entire site shall be landscaped according to the standards of §§ 153.165 through 153.191 and the plant materials properly maintained in a healthy and growing condition.
   (C)   All buildings constructed shall be so designed that they are architecturally compatible with surrounding buildings and dwellings.
   (D)   All parking and driveway areas shall be paved and constructed according to the standards of §§ 153.165 through 153.191.
(Ord. passed 10-11-2000) Penalty, see § 153.999

§ 153.222 YARD WASTE COMPOSTING FACILITIES.

   Yard waste composting facilities, those that manage the biological decomposition of organic matter under controlled, aerobic conditions, may be permitted in certain districts specified in this chapter, subject to the standards of this chapter and the following special standards.
   (A)   Site location and design.
      (1)   Because of the level of truck traffic associated with this use, all such uses shall be located on a paved public road capable of carrying Class A loadings, as defined by the County Weighmaster, on a year-round basis.
      (2)   Dust shall be controlled on all internal roads and operation areas at all times.
      (3)   The site shall be level and well-drained.
      (4)   If the site abuts property shown as residential on the zoning map or Master Plan, a buffer zone shall be maintained where no composting, storage, transfer or loading activities will take place equal to 500 feet from existing residences and 50 feet from adjoining property lines. All buffer areas shall be maintained as vegetative strips to facilitate the filtration of pollutants from stormwater runoff.
      (5)   All site access roads or drives and all areas for employee parking shall be paved with asphalt or concrete. Internal haul roads may be unpaved.
      (6)   The portion of the compost site visible from a public street shall be screened from public view by a combination berm/landscaped buffer or other method approved by the Planning Commission.
      (7)   Adequate parking shall be provided for all employees and visitors. A minimum of four paved, off-street parking spaces shall be provided on-site.
      (8)   In order to contain windblown debris, chain link fencing shall be installed and maintained around all areas of the site which are utilized in any phase of the composting process in which bags or portions of bags are present. The Planning Commission shall determine the appropriate location and height of required fencing during site plan review after consideration of the site characteristics, proposed design, adjacent land uses, and prevailing wind patterns.
   (B)   Operation.
      (1)   Access to the site shall be controlled to prevent unauthorized dumping during non-business hours. The operator shall establish a procedure and mechanism for proper disposal of non-yard wastes at an approved sanitary landfill.
      (2)   Only yard wastes shall be composted at such facilities, typically including leaves, grass clippings, brush and tree or shrub trimmings. All yard waste must be brought to the site loose or in biodegradable bags with a cornstarch or similar base designed to degrade rapidly under aerobic conditions. All bags brought to the site shall be broken up and turned into compost windrows within five days of delivery to the site. In no instance shall non-degradable plastic bags be placed into the windrows.
      (3)   The decomposition process shall be properly managed and maintained in the aerobic condition to prevent all unnecessary odors. Towards this end, the temperature of compost piles shall be monitored regularly, and all compost piles shall be turned when the internal temperature drops below 120°F.
      (4)   Ponded water shall not be permitted to collect on a yard waste composting site. An engineering plan for collection, retention and drainage of stormwater shall be provided for review and approval. Vegetation filtration of runoff prior to discharge off-site shall be accomplished by use of a 50-foot wide (minimum) perimeter strip/swale of grass, or similar measure. Any direct discharge to a water body may require a State Department of Natural Resources permit.
      (5)   The operator shall provide sufficient equipment to properly manage the composting process. As a minimum, this shall include a front end loader or similar machinery for loading and unloading; a window machine for turning and aeration operations; a shredder for reducing new material to a smaller particle size for faster decomposition; a source of water or watering trucks for dust control and proper moisture content in windrows; and a screen to improve the quality and marketability of the final product.
      (6)   The volume of yard wastes handled by the facility shall not exceed 7,000 cubic yards of incoming yard wastes per acre of active composting area on-site, exclusive of access roads, service areas, parking areas, required buffer zones and similar areas.
      (7)   The operator shall provide a name, address and phone number of the person responsible for operation of the site and who is also responsible for correcting all operational problems that may result in complaints being made to the township.
      (8)   Treated yard wastes shall be actively rotated in an aerobic condition. Wastes shall not be allowed to accumulate for longer than three years before being finished and removed from the site.
      (9)   The operator shall provide plans showing all equipment maintenance and storage areas. Plans shall show the location of all fuel storage areas. Plans shall show the location of all fuel storage facilities and shall detail primary and secondary containment of all hazardous materials, including product-tight containers for primary containment. Secondary containment facilities shall be adequate to accept the full volume of the hazardous materials stored in the primary container, in the event of a leak or spill.
      (10)   The applicant shall provide a plan for the removal of unmarketable compost.
      (11)   An annual inspection/permit fee for all yard waste composting facilities established by resolution of the Township Board, shall be paid by the owner of the facility.
      (12)   Copies of all State Department of Natural Resources applications/permits, if required, shall be provided to the Planning Commission as part of the application package.
      (13)   The use must conform with the performance standards in § 153.172.
      (14)   The operator shall provide surety in the form of cash, irrevocable letter of credit or other surety acceptable to the Township Board to guarantee performance as required by this chapter and provide for restoration of the site upon default of the operator. The amount of the bond shall be set from time to time by resolution of the Township Board on a per acre basis.
      (15)   The operator understands and agrees that failure to maintain and operate the site in a responsible manner that minimizes the potential for adverse impacts on neighboring properties shall constitute grounds for enforcement action by the Township Board.
   (C)   Additional requirements. In addition to the requirements set forth in this section, all yard waste composting facilities shall meet the requirements of § 11521 of part 115 of the State Natural Resources and Environmental Protection Act, Public Act 451 of 1994, being M.C.L.A. §§ 324.101 et seq.
(Ord. passed 10-11-2000; Ord. 27, passed 12-15-2010) Penalty, see § 153.999

§ 153.223 SINGLE-FAMILY ACCESSORY APARTMENTS.

   One accessory apartment may be permitted in a single-family dwelling unit, subject to the following.
   (A)   The dwelling unit must be situated on a lot or parcel which is in conformance with the minimum requirements of § 153.150.
   (B)   Either the principal unit or the accessory apartment must be owner-occupied.
   (C)   The Health Department shall certify that the on-site septic system is properly designed to handle the anticipated additional load.
   (D)   Exterior modifications to the dwelling shall not change the overall single-family character of the dwelling unit or the surrounding neighborhood.
   (E)   Only one accessory apartment shall be permitted per lot and per single-family dwelling.
   (F)   One additional parking space shall be provided, exclusive of the driveway, in the side or rear yard only.
   (G)   Only one entrance to the building shall face the street upon which the dwelling is located.
   (H)   An accessory apartment shall be a minimum 420 square feet and shall not exceed 35% of the total floor area of the principal unit and the accessory apartment combined. This shall be construed as prohibiting an accessory apartment in a single-family dwelling unit with a total floor area of less than 1,200 square feet.
   (I)   No accessory apartment shall include more than two bedrooms or exceed 650 square feet.
(Ord. passed 10-11-2000) Penalty, see § 153.999

§ 153.224 VEHICLE SERVICE CENTERS AND REPAIR GARAGES.

   Vehicle service centers may be permitted in certain districts specified in this chapter subject to the following.
   (A)   The use shall be completely enclosed within a building.
   (B)   No vehicles awaiting repair shall remain on-site for more than 36 hours.
   (C)   A masonry wall of face brick or poured concrete with brick pattern on both sides shall be located on all property lines which abut any residential district. In addition, a greenbelt shall be installed adjacent to the required wall. The wall and greenbelt shall be constructed in accordance with the criteria in § 153.177. Where the parcel abuts any other district, the screening and landscaping options in § 153.177 shall be applied by the Planning Commission.
   (D)   All trash storage areas shall be screened from view as approved by the Planning Commission.
   (E)   Management plans shall be maintained for the collection, storage and recycling or proper disposal of all new, used or waste automotive fluids resulting from repair or service operations.
   (F)   The location, size and type of all above-ground and underground storage tanks and piping shall be noted on the site plan. All tanks shall have appropriate secondary containment and leak detection which shall be noted on the site plan. All tanks shall be registered and otherwise comply with all state and local codes.
(Ord. passed 10-11-2000) Penalty, see § 153.999

§ 153.225 DRIVE-THROUGH FACILITIES.

   Because of the auto-oriented character of drive-through facilities and similar establishments, they shall be permitted in certain districts specified in this chapter, provided the following conditions are met.
   (A)   A building setback of at least 50 feet from the existing or proposed future street right-of-way (whichever is greater) shall be maintained.
   (B)   Driveways shall be located at least 75 feet from the intersection of any two street right-of-way lines or any abutting residential district.
   (C)   An outdoor lighting plan shall specify the type of fixtures to be used, light intensity and method of shielding the fixtures so that light does not project onto adjoining properties or any public or private street or public right-of-way. The site plan shall detail this information.
   (D)   All drive-through lanes and vehicles queuing areas shall be screened from adjacent properties by a landform buffer, buffer strip or screen fence/wall and adjacent greenbelt designed and planted in accordance with §§ 153.173 and 153.177.
   (E)   All parking areas shall be screened from adjoining properties by either a land form buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with §§ 153.173 and 153.177.
   (F)   The Planning Commission may require additional screening in conformance with §§ 153.173 and 153.177 where the Planning Commission determines such screening is necessary to reduce the impact of the proposed drive-through use on adjacent properties or rights-of-way.
   (G)   All vehicle maneuvering and queuing areas shall be designed to accommodate all vehicles on-site. No right-of-way may be utilized for the stacking or maneuvering of vehicles in conjunction with the drive-through facility.
   (H)   All speakers and communication systems shall be of an intercom nature and shall be described in writing as a part of the application for special land use approval. The site plan shall detail the location of all speakers and communication system components. All such systems shall be designed to restrict volume levels to the minimum necessary to service the immediate area of intended communication and shall not permit communications to be audible at the property line. The Planning Commission may require limitations on hours of operation, additional buffering or redesign of any communication system to eliminate impact on adjacent property. No public address systems are permitted.
(Ord. passed 10-11-2000) Penalty, see § 153.999

§ 153.226 HOTELS AND MOTELS.

   Hotels and motels may be permitted in certain districts specified in this chapter, subject to the following.
   (A)   All vehicular driveways shall be located onto a major or secondary thoroughfare. All drives shall be a minimum 50 feet from any district which permits residential use.
   (B)   The minimum site size shall be two acres.
   (C)   All buildings shall be set back at least 50 feet from all property lines.
   (D)   All parking areas shall be setback a minimum 50 feet from all property lines. All parking areas shall be screened from adjoining properties by either a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with §§ 153.173 and 153.177.
   (E)   Any outdoor recreation areas for the use of overnight guests shall be detailed on the site plan and shall be designed to minimize the visual and noise impacts of the outdoor activity on adjacent property. All such areas shall be accessible to only overnight guests.
   (F)   All service and storage areas for maintenance equipment shall be screened from view by a landform buffer, buffer strip or screen fence/wall and adjacent greenbelt designed and planted in accordance with §§ 153.173 and 153.177.
   (G)   The Planning Commission may require additional screening, buffering or landscaping along any property line where the Planning Commission determines such additional improvements would be necessary to reduce the impact on adjoining properties. Said screening, buffering or landscaping shall be in accordance with §§ 153.173 and 153.177.
(Ord. passed 10-11-2000) Penalty, see § 153.999

§ 153.227 PUBLIC BUILDINGS AND USES WITH OUTDOOR STORAGE YARDS.

   Public buildings and uses with outdoor storage yards may be permitted in certain districts specified in this chapter subject to the following.
   (A)   Outdoor storage yards shall be accessory to the principal public building or use on the same site.
   (B)   The site shall have all access from a major or secondary thoroughfare.
   (C)   Compliance with all provisions of § 153.231, Outdoor Storage Yards, shall be required.
(Ord. passed 10-11-2000) Penalty, see § 153.999

§ 153.228 SALVAGE/RECYCLING YARDS.

   Salvage/recycling yards (junkyards) may be permitted in certain districts as specified in this chapter, subject to the following.
   (A)   The site shall be designed in conformance with the performance standards in § 153.172 to minimize negative impact on the site and adjacent properties.
   (B)   Outdoor trash storage areas shall be screened. All trash and refuse shall be stored within said enclosure. Compactors which are solely accessed directly from the interior of a building and which have no exterior access points do not require screening.
   (C)   All loading/truck service areas shall be located entirely within the boundaries of the proposed site and shall be designed to minimize negative impact on adjoining properties and rights-of-way. No stacking, queuing or maneuvering of delivery or service vehicles shall occur within a right-of-way or road. All service, loading and vehicular use areas shall be paved with asphalt or concrete.
   (D)   The site plan shall detail the location of all outdoor storage areas, storage rack locations, type of material or vehicle stored and height of materials or vehicles stored.
   (E)   A minimum 20-foot wide land form buffer or buffer strip shall be provided along all property lines in accordance with §§ 153.173 and 153.177. In addition, a minimum six-foot high screen wall or fence wall shall be provided behind the require land form buffer or buffer strip wherever the site abuts a district which permits single-family residential uses or any public or private right-of-way. The Planning Commission may require said screening wall/fence to be increased in height to a maximum of eight feet where necessary to adequately screen stored materials. The Planning Commission may require additional landscaping and screening where the Planning Commission finds that it is necessary to minimize the impact on adjacent properties.
   (F)   Materials of vehicles shall not be located within 50 feet of any property line.
   (G)   Where the activity involves any hazardous substances or polluting materials all use areas shall be designed to prevent any release of the materials into the environment. At a minimum, this shall include full conformance with the groundwater protection standards detailed in § 153.180.
   (H)   All lighting shall be shielded downward and away from adjacent properties.
   (I)   The Planning Commission shall review the special approval one year from the date of Planning Commission approval to review the facility operation. In reviewing the special approval, the Planning Commission shall consult the Zoning Administrator, along with any public comment at the review hearing, which shall form the basis for any subsequent decision by the Planning Commission. The Planning Commission may require that additional measures to be taken by the owner to address any operational problems which do not comply with the standards of this chapter or conditions of the Planning Commission’s special land use approval and permit.
(Ord. passed 10-11-2000) Penalty, see § 153.999

§ 153.229 MOTOR FREIGHT AND TRUCK TERMINALS.

   Motor freight and truck terminals may be permitted in certain districts, as specified in this chapter, subject to the following.
   (A)   The site shall be designed to minimize negative impact on adjacent properties with regard to noise, glare, dust or fumes.
   (B)   All loading/truck service areas shall be located in compliance with the following.
      (1)   Truck bays shall be located only on the side or rear of buildings.
      (2)   All truck loading areas shall be screened from adjacent properties and rights-of-way by a land from buffer, buffer strip or screen wall/fence and adjacent greenbelt in accordance with §§ 153.173 and 153.177. The Planning Commission may require additional screening or landscaping where the Planning Commission finds it necessary to minimize the impact of the facility on adjacent properties and rights-of-way.
      (3)   A minimum 50-foot setback shall be maintained between any loading area and any property line.
   (C)   Site lighting shall be designed and regulated in accordance with § 153.175. All lighting shall be detailed in the site plan and designed to prevent glare in adjacent properties.
   (D)   Proposed maintenance facilities, including fueling stations, shall be noted on the site plan.
   (E)   Loudspeakers or public address systems are prohibited.
(Ord. passed 10-11-2000) Penalty, see § 153.999

§ 153.230 WIRELESS COMMUNICATION FACILITIES.

   Wireless communication facilities may be permitted in certain districts, as specified in this chapter, subject to the following.
   (A)   Standards and conditions applicable to all commercial broadcast and wireless communication facilities.
      (1)   Facilities shall not be demonstrably injurious or otherwise detrimental to the public safety and welfare.
      (2)   Facilities shall be located and designed to be harmonious with the surrounding areas. The use of monopole towers shall be required unless the applicant demonstrates that monopole towers are not feasible for the proposed use.
      (3)   Wireless communication facilities shall comply with applicable federal and state standards relative to the environmental effects of radio frequency emissions.
      (4)   Applicants shall demonstrate a justification for the proposed height of the structures and an evaluation of alternative designs which might result in lower height.
      (5)   The following additional standards shall be met.
         (a)   The maximum height of the support structure and antenna shall be the minimum height demonstrated to be necessary for reasonable communication by the applicant (and by other entities to colocate on the structure). Accessory buildings shall be limited to the maximum height for accessory structures within the respective district.
         (b)   The setback of the support structure from any property line and existing or proposed road right-of-way line shall be at least the height of the higher point of the support structure. Multiple towers on the same parcel or adjoining parcels shall each meet the above criteria and be separated from any other tower for a distance at least equal to the height of the tallest tower.
         (c)   There shall be unobstructed access to the facility for operation, maintenance, repair and inspection (may be provided by an easement).
         (d)   The division of property for the purpose of locating a wireless communication facility is prohibited unless all zoning requirements and conditions are met.
         (e)   Rooftop wireless communication facilities shall be architecturally compatible with the principal building.
         (f)   The Planning Commission may regulate the color of the support structure and all accessory buildings to minimize distraction, maximize aesthetic appearance, and ensure compatibility with surroundings, subject to regulations of the Federal Aviation Administration.
         (g)   Support structures shall be constructed in accordance with applicable building codes. A soils report from a geotechnical engineer, licensed in the state, shall be submitted. This report shall include soil borings and confirmation of the suitability of soils for the proposed use. Federal Aviation Administration, Federal Communication Commission and State Aeronautics Commission requirements shall be noted.
         (h)   A maintenance plan, and any applicable maintenance agreement, shall be presented and approved as part of the site plan for the proposed facility.
         (i)   A landform buffer, buffer strip or screen wall and adjacent greenbelt shall be provided in accordance with §§ 153.173 and 153.177. The Planning Commission, after considering the type, size and height of all equipment being proposed, may require additional landscaping or screening where the Planning Commission determines it is necessary to minimize the impact on adjacent properties.
         (j)   Where employees will be stationed at the facility on a permanent or intermittent basis, adequate off-street parking shall be constructed with an asphalt or concrete surface in conformance with § 153.169.
         (k)   There shall be no outdoor storage of equipment and/or materials which are not necessary for daily operations, except those which are necessary for safety or emergency repairs at that particular site.
      (6)   The application shall include a certification by a state licensed professional engineer regarding the manner in which the proposed structure will fall.
      (7)   The application shall include a description of security to be posted at the time of receiving a building permit to ensure removal of the facility when it has been abandoned or is no longer needed. The security shall be in the form of cash, surety bond, letter of credit or an agreement in a form approved by the Township Attorney and recordable at the Register of Deeds, establishing a promise of the applicant and owner of the property to remove the facility in a timely manner as required under this section of the chapter. The applicant and owner shall be responsible for the payment of any costs and attorneys fees incurred by the township in securing removal.
      (8)   The application shall include a map showing existing and known proposed wireless communication facilities within the township and areas surrounding the township, if the information is on file with the township, the applicant shall update as needed. Any such information which is trade secret and/or other confidential commercial information may be submitted with a request for confidentiality in connection with the development of governmental policy. This chapter shall serve as the promise to maintain confidentiality to the extent permitted by law. The request for confidentiality must be made in writing.
      (9)   The applicant shall provide the name, address and phone number of the person to contact for all engineering, maintenance and other notice purposes. This information shall be continuously updated while the facility is on the premises.
   (B)   Standards and conditions applicable to special land uses. In addition to the provisions in division (A) above, all wireless communication facilities which require special land use approval shall conform with the following.
      (1)   The applicant shall demonstrate the need for the proposed facility to be located as proposed based upon the presence of one or more of the following factors:
         (a)   Proximity to major thoroughfares;
         (b)   Population concentrations;
         (c)   Business centers;
         (d)   Signal interference;
         (e)   Topography; and/or
         (f)   Other specifically identified reason(s) creating facility need.
      (2)   The proposal shall be reviewed in conformity with the colocation requirements of division (C) below.
   (C)   Requirements for colocation.
      (1)   A permit for the construction and use of a new wireless communication facility shall not be granted unless and until the applicant demonstrates that colocation is not feasible.
      (2)   All new and modified wireless communication facilities shall be designed and constructed so as to accommodate colocation. At a minimum, all new wireless communication facilities shall be designed to accommodate three users.
      (3)   The policy of the township is for colocation. Thus, if a party who owns or otherwise controls a wireless communication facility shall fail or refuse to alter a structure so as to accommodate a proposed and otherwise feasible coiocation, such facility shall be deemed to be a nonconforming structure and use.
      (4)   If a party who owns or otherwise controls a wireless communication facility shall fail or refuse to permit a feasible colocation, and this requires the construction and/or use of a new wireless communication facility, the party failing or refusing to permit a feasible coiocation shall be deemed to be in direct violation and contradiction of the policy, intent and purpose of the township and consequently such party shall take responsibility for the violation, and shall be prohibited from receiving approval for a new wireless communication support structure within the township for a period of five years from the date of the failure or refusal to permit the colocation. Applicants to the Zoning Board of Appeals regarding this provision must demonstrate that enforcement of the five-year prohibition would unreasonably discriminate among providers of functionally equivalent wireless communication services, or would have the effect of prohibiting the provision of personal wireless communication services.
      (5)   Incentive application for colocation of a new wireless communication.
   (D)   Removal.
      (1)   A condition of every approval of a wireless communication facility shall be adequate provision for removal of all or part of the facility by users and owners upon the occurrence of one or more of the following events:
         (a)   When the facility has not been used for 180 days or more. For purposes of this section, the removal of antennas or other equipment from the facility, or the cessation of operations (transmission and/or reception of radio signals) shall be considered as the beginning of a period of nonuse; and/or
         (b)   Six months after new technology is available at reasonable cost, as determined by the Planning Commission, which permits the operation of the communication system without the requirement of the support structure.
      (2)   The situations in which removal of a facility is required, as set forth in division (D)(1) above, may be applied and limited to portions of a facility.
      (3)   Upon the occurrence of one or more of the events requiring removal, the property owner or persons who had used the facility shall immediately apply for any required demolition or removal permits, and immediately proceed with and complete the demolition/removal.
      (4)   If the required removal of a facility or a portion thereof has not been lawfully completed within 60 days of the applicable deadline, and after at least 30 days’ written notice, the township may remove or secure the removal of the facility or required portions thereof, with its actual cost and reasonable administrative charge to be drawn, collected and/or enforced from or under the security posted at the time of application.
(Ord. passed 10-11-2000) Penalty, see § 153.999

§ 153.231 OUTDOOR STORAGE YARDS.

   Outdoor storage yards may be permitted in certain districts, as specified in this chapter, subject to the following.
   (A)   The site plan shall detail the location and type of equipment or materials proposed to be stored in the outdoor storage yards. Anticipated duration of storage of specified materials, height and extent of area covered by materials shall also be indicated on the site plan.
   (B)   All vehicular use areas shall be paved with asphalt or concrete. Areas used exclusively for storage may be gravel or crushed stone surface, as approved by the Planning Commission. All proposed surface areas shall be detailed on the site plan.
   (C)   All lighting shall be shielded downward and away from adjacent properties and right-of-way. All lighting locations shall be noted on the site plan.
   (D)   The storage yard shall be screened on all sides by a landform buffer strip, buffer strip or screen wall/fence and adjacent greenbelt in conformance with §§ 153.173 and 153.177. The Planning Commission may require additional screening or landscaping where the Planning Commission determines that it is necessary to prevent negative impacts on adjacent land uses.
   (E)   No storage area shall be located within 20 feet of any property line. Stored material shall not exceed eight feet in height within 50 feet of any property line.
   (F)   The Planning Commission and Township Board may request review and comment on the proposed outdoor storage yard from the Fire Marshal and the State Department of Environmental Quality where the materials proposed to be stored may pose an environmental or safety hazard.
   (G)   The Planning Commission shall review the site one year from approval to ensure compliance with this section and the special land use permit.
   (H)   Public address systems are prohibited.
(Ord. passed 10-11-2000) Penalty, see § 153.999

§ 153.232 CENTRAL DRY CLEANING PLANTS.

   Central dry cleaning plants may be permitted in certain districts, as specified in this chapter, subject to the following.
   (A)   The site plan submittal shall include a floor plan which details the location of all storage areas for hazardous/toxic materials and the method of secondary containment proposed as approved by the Planning Commission.
   (B)   All truck loading/unloading areas shall be located within a side or rear yard and shall be a minimum 50 feet from any property line.
(Ord. passed 10-11-2000) Penalty, see § 153.999

§ 153.233 VEHICLE WASH FACILITIES.

   Self-service and automatic vehicle wash facilities may be permitted in certain districts, as specified in this chapter, subject to the following.
   (A)   The site plan shall detail all required parking and vehicular standing areas as required in § 153.169, Off-Street Parking.
   (B)   The site shall be designed to minimize the potential for excess water from clean vehicles dripping onto adjacent roads. In complying with this division (B), a combination of alternatives may be used including, but not limited to, blowers, hand-drying, length of exit drive and general site design.
   (C)   The site plan shall detail the location of all proposed vacuum stations. These areas shall be located so as not to conflict with any required parking, drive or automobile standing areas. Self-contained, covered waste receptacles shall be provided at each proposed vacuum station to provide convenient disposal of customer refuse.
   (D)   The site shall be screened from abutting property in conformance with §§ 153.173 and 153.177. The Planning Commission may require additional landscaping or screening where the Planning Commission determines that it is necessary to prevent negative impacts on adjoining properties.
   (E)   All lighting shall be noted on the site plan and shall be shielded downward and away from adjacent properties and rights-of-way.
(Ord. passed 10-11-2000) Penalty, see § 153.999

§ 153.234 HIGH VOLUME WELLS OR WELL SYSTEMS.

   A high volume water well or well systems, defined as a well or series of wells capable of producing over 100 gallons per minute peak capacity and intended to serve a use other than one single-family home, may be permitted by the Planning Commission in certain districts as provided in this chapter, subject to the following.
   (A)   There must be a demonstrated need for the proposed high volume water well or system.
   (B)   All such uses shall be completely enclosed and without storage yards.
   (C)   No structure shall exceed the height limit of the district and all storage tanks shall be set back from all property lines a distance equal to at least the height of the tank.
   (D)   All buildings shall be designed to be compatible in style and materials with other uses and structures permitted in the district.
   (E)   No building shall be located closer than 50 feet to any property line abutting land zoned for residential use. No high volume well or well system shall be located closer than 100 feet to any property line.
   (F)   Adequate off-street parking, screened from public view, shall be provided for any service personnel and all drives and parking areas shall be built in accordance with § 153.169.
   (G)   The applicant shall submit a site plan and hydrogeologic study prepared by a registered engineer, qualified to prepare hydrogeological studies, showing the extent of the well cone of influence, the number and location of wells, the anticipated average and peak water flow on a daily and peak basis. In addition, the study shall document the location and depth of existing wells within the maximum proposed cone of influence area or 2,000 feet, whichever is greater, and describe the anticipated impact on these wells. The study shall include a mitigation plan in the event that the existing wells within the cone of influence of the proposed well or system fail after the proposed well(s) is constructed due to installation of said well. The plan shall also provide, at a minimum, for the future connection to the well or system (or drilling of new individual wells) to those properties within the cone of influence that are currently undeveloped or underdeveloped. In no way shall the construction and operation of a water well structure restrict or eliminate the availability of potable water to those residents, businesses and property owners within the cone of influence of the well(s).
   (H)   (1)   The applicant shall submit an application to the Township Clerk for approval to drill a test water well for the purpose of collecting data needed to complete a full application and to determine the feasibility of establishing a permanent well or well system. The drilling of a test well may be permitted as a temporary use not requiring special land use approval.
      (2)   The application shall include the following information:
         (a)   Name, address, city, zip code and phone number of applicant;
         (b)   Location of proposed test well;
         (c)   Purpose of proposed test well;
         (d)   Anticipated depth and peak volume of well;
         (e)   A scale drawing showing the location of potential contaminants, industrial uses and industrial zoning districts within 2,000 feet of the proposed well;
         (f)   Proposed end users of the well or well system and location of end users;
         (g)   Number of days anticipated to complete drilling and number of days anticipated to complete testing; and
         (h)   Signature of applicant.
   (I)   An application for a permanent high volume water well or well system shall include all information required in this section.
   (J)   No high volume water well or well system shall be constructed within 2,000 feet of any known source of soil or groundwater contamination. The applicant shall provide a map, prepared by a registered engineer, land surveyor, architect, landscape architect or planner showing the existing uses and zoning within a minimum 2,000-foot radius of the site which shall include an inventory of all hazardous materials users, underground fuel tanks, and similar potential sources of groundwater contamination. This radius may be increased by the Planning Commission depending on the results of the hydrogeologic study.
   (K)   In addition to the above, the applicant shall address other potential negative impacts that may be caused by the construction and operation of a high volume water well system, and provide and establish a plan for mitigation of these negative impacts.
   (L)   The Planning Commission shall review the permit annually for all high volume water wells or well systems. The applicant shall provide well log data including peak and average flow data on a monthly basis and water quality testing results for review.
   (M)   A performance bond in an amount to be set by the Township Board shall be provided by the applicant to ensure protection of adjacent property owners’ water supply.
   (N)   Well location, construction and operation shall be in conformance with the state and county public health standards and the standards in this chapter. In the event of a conflict between the two, the more restrictive shall apply.
(Ord. passed 10-11-2000) Penalty, see § 153.999

§ 153.235 LUMBER AND PLANING MILLS.

   Lumber and planing mills may be permitted in certain districts, as specified in this chapter, subject to the following.
   (A)   The use shall be completely enclosed with no activities occurring outdoors except ancillary storage, loading and unloading of raw materials and finished products.
   (B)   Outdoor storage yards associated with the use(s) shall be located in conformance with § 153.231.
(Ord. passed 10-11-2000)

§ 153.236 EQUESTRIAN STABLES AND RIDING ACADEMIES.

   Private or commercial stables and riding academies may be permitted in certain districts, as specified in this chapter, subject to the following.
   (A)   Private equestrian stables. Where the stable is utilized solely for horses and ponies belonging to the property owner, and where no boarding or other equestrian activity of any kind is offered to persons or organizations not in the immediate family of the property owner, no special approval is required. The private stable is subject to the provisions of raising and keeping of animals provision within each district except where herein provided.
   (B)   Commercial equestrian stables and riding academies. Commercial equestrian stables and riding academies, where permitted by this chapter shall conform with the following.
      (1)   The minimum site size shall be 20 acres.
      (2)   All buildings, corrals and other enclosures for animals shall be a minimum 250 feet from any property zoned residential district and 150 feet from any other property line or right-of-way.
      (3)   All manure or other wastes produced or generated by raising or keeping of animals shall be stored in a fashion which reduces the nuisance impact of said stockpile for a period to exceed 120 days and no wastes shall be stockpiled closer than 125 feet from any property line. This division (B)(3) shall not be construed as preventing the spreading of manure as fertilizer in conjunction with an agricultural operation.
      (4)   All animals shall be adequately fenced or corralled to prevent them from roaming off-site.
      (5)   There shall be no outdoor storage of customer’s trailers or other vehicles for transporting horses.
      (6)   The application for special land use approval shall include a written statement of the number of horses and ponies which will be accommodated, the nature and duration of any equestrian events which will be held, the planned or agreed use of any other properties for riding or pasturing, and any agreements or arrangements with any equestrian clubs, groups or organizations for use of the facilities.
      (7)   Off-street parking shall be provided in accordance with a ratio of one space for each boarding stall. In addition, the site plan shall demonstrate adequate off-street parking to accommodate parking resulting from any approved equestrian events or activities which will generate customer or spectator parking in excess of the customary and incidental parking demand.
(Ord. passed 10-11-2000; Ord. 36, passed 6-8-2016) Penalty, see § 153.999

§ 153.237 TOOL, DIE, GAUGE, METAL PLATING AND MACHINE SHOPS.

   Tool, die, gauge, metal plating and machine shops may be permitted in certain districts, as specified in this chapter, in conformance with the following.
   (A)   The application shall include a written report which documents conformance with the performance standards in § 153.172 and the standards in § 153.180, Site Plan Review.
   (B)   Outdoor storage yards shall conform to the provisions of § 153.231.
   (C)   Screening and landscaping shall be provided in conformance with §§ 153.173 and 153.177. The Planning Commission may require additional landscaping or screening where the Planning Commission determines it is necessary to protect adjacent properties or rights-of-way from negative impacts of the proposed uses(s).
   (D)   The site shall be designed to minimize the impact of the proposed facility on adjacent land uses and rights-of-way. This shall include building and outdoor use area design and location, screening, landscaping, bulk and height of proposed structures, and drive/parking location.
(Ord. passed 10-11-2000) Penalty, see § 153.999

§ 153.238 AGRICULTURAL PRODUCE PROCESSING, TRANSFERRING AND STORAGE FACILITIES.

   Agricultural processing facilities may be permitted in certain districts, as specified in this chapter, in conformance with the following.
   (A)   The facility shall be primarily engaged in the processing of produce, storage of produce or the transferring of produce from processing or storage to trucks.
   (B)   All buildings, equipment, materials, truck loading or produce storage areas shall be a minimum 50 feet from any property line.
   (C)   Off-street parking shall be provided for all uses proposed, in accordance with § 153.169.
   (D)   Wherever the proposed use is adjacent to a property which is zoned residential, screening of active outdoor use areas such as loading zones shall be provided in the form of a landform buffer, buffer strip, or screening wall/fence and adjacent greenbelt along the property line.
   (E)   Waste materials and spoiled produce shall be disposed of promptly and shall be temporarily stored in conformance with §§ 153.173 and 153.177.
   (F)   Access to the site shall be provided from a county primary or secondary thoroughfare. Access drives and internal vehicle use areas shall be designed to accommodate anticipated truck turning movements on-site. All trucks maneuvering and waiting areas shall be located on-site.
(Ord. passed 10-11-2000) Penalty, see § 153.999

§ 153.239 SINGLE-FAMILY CLUSTER DENSITY BONUS OPTION.

   (A)   The single-family cluster density bonus option may be permitted in the AG and SF Districts. The purpose of this development technique is to encourage further preservation of natural features such as mature tree stands, unusual topography, water and wetland areas, floodplains and equestrian or agricultural areas by providing for a density bonus and variation in minimum lot widths. On sites without important natural features, this option may be used to protect rural vistas and equestrian or agricultural areas, create permanent open spaces and/or recreation facilities.
   (B)   All proposals under this option must comply with the following.
      (1)   The land must be platted and subdivided under the State Subdivision Control Act, Public Act 288 of 1967, being M.C.L.A. §§ 560.101 et seq., and Chapter 152 of this code, or the State Condominium Act, Public Act 59 of 1978, being M.C.L.A. §§ 559.101 et seq., and the township standards for condominium subdivision, Chapter 151 of this code and §§ 91.01 through 91.06 .
      (2)   The parcel of land possess one or more of the following physical or locational characteristics:
         (a)   Topography of the site exceeds 15% slope;
         (b)   Street slopes would exceed 6% without mass grading of the site;
         (c)   The parcel contains a readily identifiable physical or cultural resource, which is to be conserved by the developer. These may include:
            1.   Streams, lakes, ponds or other watercourses, and associated upland areas;
            2.   Designated wetlands which are regulated by the State Department of Environmental Quality;
            3.   Designated floodplains associated with a lake, stream or river;
            4.   Agricultural lands which are actively being farmed or are considered prime agricultural lands based on parcel site, configuration and soils;
            5.   Land areas which are actively utilized for equestrian purposes and which, by their site, configuration and proximity to agricultural or other equestrian uses, result in an area ideally suited for such uses;
            6.   Tree stands, woodlands and other natural vegetation areas which are of a size, configuration and general character as to provide open space, environmental habitat and passive or active recreational opportunities; and/or
            7.   Other areas as determined appropriate for open space preservation by the Planning Commission.
      (3)   The development plan shall encourage a more efficient, aesthetic and desirable use of the land by a demonstrated preservation of physical and/or cultural resources of unique characteristics of the site, through a consolidation of the developed areas.
      (4)   The following guidelines shall be used in designing a single-family cluster development proposal with the density bonus option.
         (a)   Density bonus cluster standard modifications. The following table outlines the design standard modifications, which may be permitted by the Planning Commission under this section.
 
Zone
Maximum Density Bonus
(1) (2) (3)
Minimum Required Open Space
AG
10%
15%
SF
10%
15%
(1)   Density bonus is calculated based upon the maximum density permitted under § 153.151 for the parent (original) parcel, where density increase results in a fraction, the units permitted may be rounded up. (example: where 4.2 units are calculated for a sale, then 5 units would be permitted subject to all other conditions)
(2)   See § 153.168 for height, bulk, density, area and setback requirements for accessory structures and uses.
(3)   Lot size may be reduced to two acres upon written finding of fact by the County Health Department that such a decrease can accommodate adequate on-site septic and water service facilities.
   
         (b)   Design and plan requirements. All applications shall comply with the following requirements for information, plan content and design.
            1.   A community impact statement shall be submitted which describes the project’s anticipated impact on:
               a.   Public services and facilities, such as police and fire protection, emergency medical service, public schools and the like;
               b.   The local public road system;
               c.   Neighboring uses; and
               d.   Visual character of the site.
            2.   The community impact statement may be incorporated onto the site plan or included with the application as a separate written submittal.
            3.   A resource inventory shall be submitted which clearly identifies the following:
               a.   All floodplains, wetlands and waterbodies;
               b.   A woodlands analysis describing all significant tree stands and methods of preserving identified areas;
               c.   A survey and analysis of on-site soils and slopes, based on Soil Conservation and USGS maps and data;
               d.   An analysis of the cultural features of the site, such as views, historic structures, patterns of original farm fields, active agricultural or equestrian uses, fences or stone walls, recreational uses and the like; and
               e.   The resource inventory components may be incorporated onto the site plan or submitted as a separate written document.
            4.   All lots shall be served by an internal road network. No lots shall front upon the existing major road.
            5.   The permanent open space shall include the site’s most significant natural and/or cultural environmental features, such as:
               a.   Steep slopes;
               b.   Wetlands, floodplains, natural watercourses;
               c.   Woodlands;
               d.   Scenic views;
               e.   Agricultural or equestrian components;
               f.   Historical structures;
               g.   Recreational pathways and facilities; and
               h.   Similar features approved by the Planning Commission.
            6.   Individual dwellings and clusters of homes shall be visually screened from view along existing roadway corridors, in order to reduce visual impact and the appearance of a typical subdivision.
            7.   Open space areas shall be accessible to all lots in the development, either directly, from a pathway system, or from the internal road network. Where the open space is agricultural land, the open space dedication and maintenance agreement shall include limitations on physical access to the open space for non-agricultural purposes and provisions for adequate, unrestricted agricultural, farming, implement or other access necessary for agricultural uses or activities. Access to agricultural use areas shall be separate from residential access to unite and opens space areas.
         (c)   Open space maintenance.
            1.   All open space shall be permanent and set aside in perpetuity.
            2.   Open space shall be in single ownership and maintained by any of, but not necessarily limited to, the following:
               a.   Deed restrictions or condominium master deed restrictions with the township named as a controlling party regarding preservation and maintenance of dedicated open space areas;
               b.   Dedication of open space to a public body or private land conservancy or trust; or
               c.   Conservation easement granted to a public body or private land conservancy or trust.
            3.   All open space ownership and maintenance agreements shall be reviewed and approved as to form and content by township legal counsel prior to approval by the Planning Commission.
            4.   All open space agreements which involve donations of land to the township or which name the township as a party to any agreement shall be approved by the Township Board prior to approval of the development proposal by the Planning Commission.
         (d)   Compliance with other criteria. All proposals for special land use approval under this section shall comply with all provisions of §§ 153.150 and 153.151 which are not specifically modified under this section.
         (e)   Review process for density bonus option. All proposals for the cluster housing density bonus option shall be reviewed in accordance with the provisions of §§ 153.205 through 153.244 Special Land Uses and § 153.151. The flow chart in § 153.151 outlines the general review process.
(Ord. passed 10-11-2000) Penalty, see § 153.999

§ 153.240 AGRICULTURAL IMPLEMENT SALES AND SERVICE FACILITIES.

   Agricultural implement sales and service facilities and similar uses may be permitted in certain districts specified in this chapter, subject to the following.
   (A)   The site shall have direct access to an existing paved public road with a planned right-of-way of 120 feet or more, or currently designated by the county as a county primary road.
   (B)   Any storage yard for equipment or machinery shall be separated from an adjoining residential district by a greenbelt in accordance with the requirements and standards of § 153.177.
   (C)   The Planning Commission may require additional screening, buffering or landscaping along any property line where the Planning Commission determines such additional improvements would be necessary to reduce the impact of the proposed outdoor sales lot on adjoining properties.
   (D)   Management plans shall be maintained for the collection, storage and recycling or proper disposal of all new, used or waste implement fluids resulting from repair or service operations.
   (E)   No vehicles or merchandise for sale shall be displayed within any required greenbelts, landform buffers, buffer strips or other landscape or open space area.
(Ord. passed 10-11-2000) Penalty, see § 153.999

§ 153.241 PRIVATE CLUBS AND LODGE HALLS.

   Private clubs and lodge halls may be permitted in certain districts specified in this chapter, subject to the following.
   (A)   All such uses shall have ingress and egress directly onto a major thoroughfare having an existing or planned right-of-way width of at least 120 feet, as indicated on the Master Plan.
   (B)   All activities, other than parking of motor vehicles and loading and unloading, shall be conducted within a completely enclosed building, except for outdoor activity specifically approved and/or licensed by the township.
   (C)   No building shall be closer than 50 feet to any property line. The building setback shall be increased to 100 feet when abutting a residential zoning district.
   (D)   Maximum lot coverage shall not exceed 30%.
   (E)   No such uses shall abut an existing single-family residential district on more than one side.
   (F)   Off-street parking and loading and unloading shall meet the standards of §§ 153.169, 153.170 and 153.171.
   (G)   A ten-foot wide landscaped buffer containing one tree and three shrubs shall be provided adjacent to the road right-of-way or easement and any residential district. The buffer shall meet the standards of § 153.173.
   (H)   No business activity other than those directly related to the club or to its operation shall be permitted.
(Ord. passed 10-11-2000) Penalty, see § 153.999

§ 153.242 VETERINARY CLINICS.

   Veterinary clinics may be permitted as a special land use in the AG Agricultural and B-2 Highway-Oriented Commercial Districts subject to requirements itemized below.
   (A)   Site requirements; lot size and width.
      (1)   AG Agricultural District.
         (a)   The minimum site size shall be five acres with a minimum lot width of 330 feet. If large animals (cattle, horses, dairy cattle, pigs and the like - see definition of Large Animals in § 153.002) are to be served on-site, the minimum lot size shall be ten acres with a minimum lot width of 660 feet.
         (b)   The subject property must also be so located as not to hinder the natural and presumed residential development of the area.
      (2)   B-2 Highway-Oriented Commercial District.
         (a)   The minimum site size and width shall be in accordance with the B-2 District Schedule of Regulations under § 153.150.
         (b)   There shall be no outdoor runs or other outdoor facilities.
   (B)   Yard and placement requirements.
      (1)   In the AG Agricultural District no building or outdoor runs or other outdoor facilities shall be closer than 150 feet from any abutting property line.
      (2)   In the B-2 Highway-Oriented Commercial Districts the requirements shall be in accordance with the B-2 District Schedule of Regulations under § 153.150.
   (C)   Off-street parking requirements.
      (1)   One parking space shall be provided for each employee (including owner if working on-site), plus one parking space for each 150 square feet of usable floor area.
      (2)   The parking area shall be screened from view of any abutting residential use by one or more of the means cited under § 153.177(A)(1), (A)(2), (A)(3), (A)(4) or (A)(5).
      (3)   Required parking must be improved in accordance with the standards of § 153.170.
   (D)   Required conditions.
      (1)   The Planning Commission may require adequate means of noise and odor control, including but not limited to buffering, use of berms, inside night time (also potentially day time) housing of animals and any other reasonable means to ensure adequate protection and enjoyment of neighboring properties. Failure by the developer of a veterinary clinic to demonstrate in his or her proposal the adequate provision of means to control noise and odor shall be grounds to deny special land use approval.
      (2)   Noise control shall be subject to § 153.172(E).
      (3)   Odor control shall be subject to § 153.172(F).
      (4)   Waste disposal shall be subject to § 153.172(G).
(Ord. 25, passed 4-9-2008) Penalty, see § 153.999

§ 153.243 UTILITY GRID WIND ENERGY SYSTEMS (WIND FARMS).

   (A)   A utility grid wind energy system (wind farm) is a wind energy system that is designed and built to provide electricity to the electric utility grid. These wind farms are intended to be so constructed and located to be compatible with other land uses such as farms and industrial uses, while protecting and being distant from residential developments. An anemometer tower shall abide by the same regulations below for a utility grid wind energy system and shall be removed before a utility grid wind energy system is installed.
   (B)   Utility grid wind energy systems may be permitted as a special land use in the AG Agricultural and LI Light Industrial Districts subject to the following conditions.
      (1)   Setbacks. Any towers shall be setback a minimum of 1,320 feet from any residential district, except the AG Agricultural District, and 1,000 feet from any existing off-site residence. Furthermore, the base of any tower shall be setback from the nearest property line a distance of not less than one and one-half times the height of the tower. In addition, no part of the wind energy system, including any guy wire anchors, may extend closer than 40 feet to any property line or existing right-of-way line, unless a plan for location(s) of accessory structures and equipment is presented (including screening) and is approved as part of the site plan. Land included within such minimum setback areas from a property line shall remain undivided and undeveloped with other structures not accessory to the tower.
      (2)   Noise. Sound pressure levels shall not exceed 55 dB(A) at the property line closest to the wind energy system. This sound pressure level may be exceeded during short-term events such as utility outages and/or severe wind storms. If the ambient sound pressure level exceeds 55 dB(A), the standard shall be ambient dB(A) plus 5dB(A).
      (3)   Shadow flicker. The applicant must demonstrate that no adverse shadow flicker impact will occur from sunrise to sunset throughout the year on any occupied buildings and lands of adjacent properties. Measures to eliminate or mitigate any potential shadow flicker impacts shall be identified and be made known to adjacent property owners.
      (4)   Safety.
         (a)   Clearances. The minimum vertical blade tip clearance from grade shall be 30 feet for a wind energy system employing a horizontal axis rotor. Blade or rotor arc must be demonstrated to be a safe and reasonable distance (at least 20 feet) from any separate building, structure, utility wire or tree.
         (b)   Guy wire visibility. If a wind energy system tower is supported by guy wires, the wires shall be clearly visible to a height of a least six feet above the guy wire anchors.
         (c)   Rotor or blade integrity protection. A wind energy system shall have automatic braking, governing or a feathering system to prevent uncontrolled rotation or over speeding.
         (d)   Lightning. All wind energy system towers shall have lightning protection.
      (5)   Construction codes, towers and interconnection standards. Wind energy systems, including towers, shall comply with all applicable state construction and electrical codes and local building permit requirements. Wind energy systems, including towers, shall comply with Federal Aviation Administration requirements, the regulations of the State Aeronautics Commission, and the State Tall Structures Act, Public Act 259 of 1959, being M.C.L.A. §§ 259.481 et seq. If a utility grid wind energy system is attached to a building or structure, the Building Inspector must approve it as being safe and secure and in accordance with all applicable state construction and electrical codes.
      (6)   Height limits. A utility grid wind energy system (wind farm) may exceed district height limits. Multiple towers are permitted.
      (7)   Miscellaneous requirements.
         (a)   Electromagnetic interference. No wind energy system shall be installed in any location where its proximity to existing fixed broadcast, retransmission or reception antennae for radio, television or wireless telephone or other personal communication systems would produce electromagnetic interference with signal transmission or reception unless the applicant provides a replacement signal to the affected party that will restore reception to at least the level present before operation of the wind energy system. The applicant shall submit documentation from the manufacturer which demonstrates that the wind energy systems’ generation of electromagnetic energy falls within a range that minimizes or eliminates any off-site interference.
         (b)   Vibration/enhanced wind currents. No wind energy system generated vibrations or enhanced wind currents shall be humanly perceptible beyond the property boundaries of the lot or parcel on which the wind energy system is located.
         (c)   Documentation. The manufacturer’s material safety data sheets shall be provided to the township with the application. Documentation shall include the type and quantity of all materials used in the operation of all equipment including, but not limited to, all lubricants and coolants.
         (d)   County Road Commission; performance bond. The applicant shall provide documentation that the County Road Commission has been contacted, and if required, that a performance bond has been posted (or other measures have been taken) for the protection and/or restoration of all roads over which heavy equipment or materials will be transported.
      (8)   Decommissioning.
         (a)   The utility grid wind energy system (wind farm) and all appurtenances thereto shall be removed from the site within one year after the wind energy system is no longer in use (not generating any electricity for over 12 months). The owner of the land upon which the system is located shall be responsible for such removal. A wind energy system which is not so removed shall constitute a public nuisance per se.
         (b)   The applicant shall post a bond (cash or irrevocable bank letter of credit) with the township in an amount sufficient for the removal of the utility grid wind energy system (wind farm) including all accessory buildings and structures, clean up of the site including removal of the foundations and restoration of the site to a condition equal to or better than that which existed prior to the installation of the system.
      (9)   Group of properties. A developer may seek Planning Commission approval of a utility grid wind energy system (wind farm) incorporating a block of or group of properties under multiple, separate ownerships provided:
         (a)   All of the above regulations (divisions (B)(1) through (B)(8)) still apply, but to the whole rather than individual properties;
         (b)   A written agreement among the participating property owners has been signed and recorded at the County Register of Deeds; and
         (c)   The proposal does not leave one or more non-participating properties surrounded or otherwise isolated.
(Ord. 28, passed 2-9-2011) Penalty, see § 153.999

§ 153.244 MUD BOGS.

   Mud bogs, including use of motorized off-road vehicles of all types on any terrain, may be permitted as a special land use in the AG Agricultural District subject to the following requirements.
   (A)   The minimum site size shall be 40 acres with a minimum width of 660 feet. The site shall be located on, or shall take principal access from a major or secondary thoroughfare. (See township thoroughfare plan map). The site may only abut land that is zoned AG Agricultural or LI Light Industrial.
   (B)   No existing dwelling unit shall be located within 500 feet of any property line, except that dwellings located on the same parcel as the proposed mud bog and dwellings that have clearly been abandoned shall be excluded from this requirement. Measurements shall be determined by the straight line distance taken from the nearest point on the property line of the parcel upon which the proposed mud bog use is to be located to the nearest point on the exterior wall of nearest dwelling (including attached garage).
   (C)   A site plan is required (§ 153.180(A)(3)). The applicant must submit evidence that they have consulted with the County Road Commission regarding a driveway permit and cleaning of muddy vehicles before entering upon a public street.
   (D)   All points of entrance (ingress) or exit (egress) shall be no closer than 200 feet from the intersection of any two streets.
   (E)   Any point of entrance or exit shall be no closer than 75 feet from any other such point. There shall be a maximum of two entrance or exit points (two in total).
   (F)   All parking shall be off-street.
   (G)   No more than two events shall be held in any one calendar month. Events shall be held only during the period beginning April 1 and ending October 31. The hours of operation shall be limited from 12 noon to 9 p.m. or dusk if it occurs earlier.
   (H)   The design of the facility shall clearly show that safety and security of persons on and off the site has been taken in consideration to the greatest extent reasonably possible. The safety and security of persons on-site shall be the responsibility of the operator and owner of the site (insurances, emergency transport, fire safety, pedestrian and vehicular traffic and the like). A safety and security plan shall be submitted for review and approval of the Planning Commission at the time of site plan review.
   (I)   The Planning Commission may require adequate means of noise control, including but not limited to any of (or combination of) the following: buffering, use of berms, fences or walls (e.g. eight feet), large setbacks (e.g. 100 feet or more), changes of terrain elevations and any other reasonable means to ensure adequate protection and enjoyment of neighboring properties (e.g. residences, livestock and parks). Central loudspeakers/paging systems are prohibited within 660 feet of residentially planned, zoned or used property. Any such loudspeakers shall be directed only toward the interior of the site. Failure by the developer of a mud bog or motorized off-road vehicle facility to demonstrate in his or her proposal the adequate provision of means to control noise shall be grounds to deny special land use approval. Noise control shall also be subject to § 153.172(E).
   (J)   Other environmental requirements.
      (1)   All parking areas, drives, tracks and display areas shall be kept dust-free at all times so as not to become a safety hazard or a nuisance to any adjoining property(ies) (§ 153.172(A)).
      (2)   Odor control shall be subject to § 153.172(F).
      (3)   Waste disposal (including, but not limited to: trash generated by the proprietor, organizers, sponsors, participants or spectators, human waste, disabled vehicles, vehicle parts or components, any and all other debris and the like) shall be removed from the property and properly disposed of after each event. Waste disposal shall also be subject to § 153.172(G).
      (4)   The site plan shall show all existing and proposed drainage. Any drainage from the bog, track or display area(s) shall be contained on-site.
   (K)   Accessory retail or commercial facilities, such as food and beverage facilities or equipment shops, shall be designed to serve only the patrons of the mud bog or motorized off-road vehicle facility. No alcoholic beverages may be sold on the site or provided to participants or spectators with or without charge.
   (L)   Vehicles with muddy wheels and/or bodies must be washed adequately before exiting the site to prevent tracking of mud or other debris onto a public street(s).
   (M)   In the case where the use is proposed to be located on land abutting an unpaved road, the Planning Commission shall review the proposed use with regard to dust control. If dust control measures are found by the Planning Commission to be necessary for the protection of the public welfare, either at the time of special land use and site plan approval or after a review of actual operating history of the use, the Planning Commission may require the operator to establish an escrow account with the township sufficient to cover the expense of chloride applications to all unpaved roads leading to the use from the nearest paved roads in each direction. Said escrow account shall be required to be replenished annually prior to each season of use.
   (N)   The Zoning Administrator or Zoning Enforcement Officer may make periodic inspections to ensure that the originally approved special land use and site plan review requirements are being complied with. Failure to comply with originally approved requirements may provide grounds for citation of violation under § 153.999 . If a violation(s) is discovered, the Zoning Administrator or Zoning Enforcement Officer shall provide a written notice of the violation(s) and offer a reasonable time period for remedy by the owner, not to exceed 90 days. If, in the judgment of the Zoning Administrator or Zoning Enforcement Officer, there have been repeated or serious violations, he or she may proceed with enforcement under § 153.999 without the remedy period.
(Ord. 32, passed 2-13-2013) Penalty, see § 153.999

§ 153.245 HOME OCCUPATION MEDICAL MARIHUANA PRIMARY CAREGIVERS AND FACILITIES.

   (A)   Home occupation caregivers.
      (1)   Medical marihuana caregivers are those persons defined under the Michigan Medical Marihuana Act (“MMMA”) of 2008 (MMMA) who are issued a registry identification card who cultivate marihuana for patients.
      (2)   Registered primary caregivers, operating in compliance with the MMMA General Rules, the MMMA, and the requirements of the zoning ordinance, are regulated as a home occupation subject to facilities cultivation approvals required under this section.
      (3)   The cultivation, delivery or distribution of marihuana to treat or alleviate a debilitating medical condition is otherwise prohibited, except in compliance with the Michigan Medical Marihuana Act (“MMMA”) of 2008, this zoning ordinance, or other State of Michigan law.
      (4)   The use of marihuana solely for personal use, or recreational use does not require a permit under this division; however, all applicable State of Michigan requirements must be met.
   (B)   Home occupation-medical marihuana primary caregivers facilities approval.
      (1)   Home occupations are allowed for caregivers under the Michigan Medical Marihuana Act, Initiated Law 1 of 2008 (“MMMA”) as a special land use in the (AG) Agricultural District zoning classification.
      (2)   The home occupation shall be by application and zoning permit applying the standards in this section as a special land use and now listed as § 153.032(X) and § 153.205 Special Land Use Approval Requirements or as later amended.
      (3)   The home occupation shall be carried on entirely within a dwelling or approved accessory facility or structure and exclusively by the inhabitants thereof.
      (4)   No article shall be offered for sale on the premises unless incidental and compliant to the service conducted within the requirements under the Michigan Medical Marihuana Act, Initiated Law 1 of 2008 (“MMMA”).
      (5)   Caregivers must comply with the applicable provisions of this section and the township zoning ordinance as applicable.
   (C)   Standards.
      (1)   The following standards and requirements shall apply in reviewing the special land use application to the location at which the medical cultivation of marihuana is conducted by a primary caregiver. Growth, storage, manufacturing and cultivation of medical marihuana must comply with the following standards:
         (a)   The medical use of marihuana shall comply at all times with the MMMA and the MMMA General Rules, as amended.
         (b)   Except as otherwise required by law, not more than one registered primary caregiver, who is the registered caregiver where the cultivation occurs, shall be permitted to operate and cultivate as a primary caregiver at any single property parcel. The principal owner of the dwelling must be included in the application.
         (c)   The medical growth of marihuana shall be conducted entirely within a dwelling occupied by the caregiver, or within an attached garage, outbuilding, accessory building, or structure, or in an “enclosed, locked facility” (as that phrase is defined by the MMMA), for up to 12 marihuana plants for each registered qualifying patient (up to five patients) 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.
         (d)   Except as provided herein, a home occupation shall not require internal or external alterations or construction features, equipment, machinery, outdoor storage or signs not customary in the Agricultural District as provided in the zoning ordinance.
         (e)   If the cultivation of marijuana as a home occupation occurs in a dwelling, the cultivation area shall not utilize more than 25% of the total floor area of the dwelling, but in no event more than 500 square feet of floor area.
         (f)   The home occupation shall not generate traffic volumes greater than normally expected in a residential or agricultural area. All parking shall be off-street and may not be located in a front yard.
         (g)   No equipment or process shall be used in a home occupation that creates noise, vibration, glare, fumes, odors, or electrical interference, detectable to the normal senses beyond the property line of the home occupation. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interferences, or causes fluctuations in line voltages off the premises.
      (2)   Approved facility. The home occupation for medical growth of marihuana shall be conducted entirely within an approved dwelling occupied by the caregiver, or attached garage, or outbuilding, or accessory building, other structure, or in an “enclosed, locked facility” (as that phrase is defined by the MMMA) approved under this section. The home occupation whether in a dwelling, garage, outbuilding, or accessory building, or other approved structure, or in an “enclosed, locked facility” shall be clearly incidental and secondary to the use of premises as a residence.
      (3)   Application. First time applicants shall be required to pay the applicable plan review and inspection fees as set by the Township Board by resolution, which may be amended from time to time. The Planning Commission may require an applicant to amend and provide further documentation to complete an application to carry out the spirt of this section.
      (4)   Nuisance. No noise, odor, fire hazard, or traffic congestion shall be created beyond which is normal in a residential area. No equipment or process shall be used in the growth of marihuana which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses which interferes with neighboring parcels use and quiet enjoyment of land. No equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises or interferes with neighboring parcels use and quiet enjoyment of land.
      (5)   Outside storage. No outdoor storage or visible display of marihuana or materials shall be allowed, except in compliance with this section and approved facility.
      (6)   One caregiver per property parcel. There shall be no other caregiver allowed to cultivate on a single property parcel, except one State of Michigan licensed caregiver who resides on the property parcel in a single-family home on the premises and the growing and cultivation facilities are approved under this section. No cultivation of marijuana shall be allowed for caregivers, except on a parcel occupied by the licensed caregiver.
      (7)   Signage. In order to maintain the residential character, a commercial sign identifying as a primary caregiver or home occupation by word, image or otherwise, or indicating that the medical use or cultivation 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.
      (8)   Materials. Approved lighting, heating, watering, drying or other equipment, or fertilizers, herbicides or other chemicals directly related to the medical cultivation of marihuana are allowed on the property, however, no other materials or equipment not generally associated with home ownership, use, and maintenance of a dwelling shall be permitted.
      (9)   Distribution. Distribution of marihuana or use of items in the administration of marihuana other than allowed under the MMMA 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 except as allowed by other State of Michigan law. There shall be no sales of marijuana, except recoupment of costs for registered primary caregiver who may receive compensation for costs associated with assisting a registered qualifying patient in the medical use of marihuana to the extent allowed by the MMMA.
      (10)   Delivery. Except for the primary caregiver, no other person shall deliver marihuana to the qualifying patient.
      (11)   Underage access. No one under the age of 21 years shall have access to medical marihuana, except as otherwise allowed by law.
      (12)   On-site consumption. No on-site consumption or smoking of medical marihuana 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 also qualifying patient under the MMMA or as otherwise allowed by law.
      (13)   Building code permits. In addition to the permit granted hereunder, all building, electrical, plumbing and mechanical, soil or other permits required under the State of Michigan Building, Plumbing, Mechanical, Electric, or Fire Codes or Ordinances, shall be obtained for any portion of a building, structure, or facility in which equipment and devices that constructed in support the cultivation, growing or harvesting of marihuana are located or used.
      (14)   Product sales. Related merchandise or products shall not be sold or distributed from the dwelling or property of the primary caregiver.
      (15)   Registration, initial, complaint based, and annual inspection. The property shall be registered with the township with contact information. The property structures shall be required to pass an initial, as built, and annual basis inspection by the township officials including, but not limited to, the Fire Department and code officials' inspection based upon the standards in this section and conditions imposed under the special land use permit. The property may also require an inspection on a complaint basis. Such inspections shall include, but not be limited to, inspections of the heating equipment, filtration system, electrical wiring, lighting, watering and disposal methods that are used for the cultivation, growth and/or harvesting of medical marihuana, and the storage of any chemicals associated with the cultivation, growth, manufacturing and/or processing of medical marihuana. A certificate of approval will be issued to the registrant following passage of the required inspections. The registrant will be required to pay an additional fee for each inspection and annually as set by resolution of the Township Board.
      (16)   Open burn. There shall be no open burning of marihuana or chemicals used in cultivation of marihuana.
      (17)   Discarded materials. All discarded marihuana and all by-products associated with the growth, processing and cultivations of medical marihuana must be disposed of in a way that prevents persons or animals from accessing the discarded materials.
      (18)   Cost recovery. In the event of any explosion, release, or other hazardous condition or situation that results from the growth, cultivation or processing of medical marihuana, the responsible party shall be responsible for reimbursement of any and all emergency response costs.
      (19)   MMMA controls, confidential information, show cause hearing and permit revocation. Medical marihuana shall not be grown, processed, handled or possessed at the dwelling of the primary caregiver beyond that which is permitted by the MMMA and this section.
         (a)   The use shall be maintained in compliance with the requirements of this section, the MMMA and the MMMA General Rules. Any departure shall be grounds to revoke the permit and take other lawful action. If there is a compliance issue, the enforcement official may request a show cause hearing before the Township Planning Commission why a permit should not be revoked for a violation of this section. The applicant shall be provided notice and opportunity to be heard before revocation. If a permit is revoked, the applicant shall not engage in the activity unless and until a new permit is granted. The permittee may appeal any denial, conditions, or revocation or other adverse action to the zoning board of appeals as allowed by the Michigan Zoning Enabling Act, before seeking judicial relief.
         (b)   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 shall not be distributed or otherwise made available to the public and shall not be subject to disclosure under the Freedom of Information Act, unless required to be disclosed by judicial order, lawful subpoena, or other law.
   (D)   Permit and site plan requirements.
      (1)   Permit application. A complete and accurate permit application shall be submitted on the application form provided by the township along with a uniform application fee in an amount determined by the Township Board by resolution.
      (2)   Special land use permit. The facility and cultivation shall be permitted only with the prior issuance of a special use permit.
         (a)   The application shall include site plan(s) describing the processing, storage and cultivation of medical marihuana. The plan shall describe, in detail, the process and methods used for the growth, processing and/or cultivation of medical marihuana, including a description of the heating equipment and processes, chemical storage, filtration equipment, electrical wiring and lighting, and plant material and water disposal methods to be utilized.
         (b)   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; the number of patients served, and a description of the location at which the use will take place, the parcel number and lot size.
         (c)   The Zoning Administrator may require additional information or permits necessary to demonstrate compliance with all requirements. The zoning administrator shall review the application to determine compliance with this section, the MMMA and the MMMA General Rules and the other applicable provisions of the zoning ordinance.
         (d)   Special approval use. Upon completion of the application with the zoning official, the application shall be sent to the Planning Commission for review as applicable as a special land use under § 153.205.
         (e)   The Township Planning Commission shall make the final determination for approval of the permit, which may be approved, denied, or approved with conditions. The decision shall be incorporated in a statement of findings and conclusions which specifies the basis for the decision and any conditions imposed.
         (f)   Land spilt approvals and other municipal permits may be coordinated or suspended during the application process.
      (3)   Site plan. The applicant for special land use permit approval shall provide the following site plan information:
         (a)   Zoning site plan. Prior to construction of any cultivation facility, the property owner, agent or designee shall provide the zoning official a site plan which will include the location of the dwelling, structure, building or enclosed locked facility, the size of the structure, and the type of materials to be used in construction, the size of the lot, the parcel number, the setbacks and other information the zoning official may require to process the application.
         (b)   Chemicals and fertilizers plan. The plan shall include the Material Safety Data Sheets (MSDS) containing information on the potential hazards (health, fire reactivity and environmental impact) related to chemical products. The site plans shall also include the type, amount and location of stored chemicals and fertilizers.
         (c)   Odor control plan. The site plan shall include a plan for odor control. The plan shall include the location and type of control for odor-emitting activity(ies). The applicant must provide information related to the location of doors, windows, ventilation systems, and odor sources. The plan should describe the odor-emitting activities or processes (e.g., cultivation) that take place with odor mitigation practices based on specific best control technologies and best practices.
         (d)   Plumbing, mechanical, and energy plans. The property owner shall provide the zoning official a plumbing, mechanical, and energy plan with details of any building, facility, structure or enclosed locked facility used for the growth and cultivation of marihuana.
         (e)   Electrical plans and specifications. The property owner shall submit a detailed set of electrical plans and specifications with the application for an electrical permit for any wiring or alteration to an electrical system. The electrical drawings shall include all of the following details:
            1.   Lighting layout;
            2.   Circuiting;
            3.   Switching;
            4.   Conductor and raceway sizes;
            5.   Wattage schedule;
            6.   Service location and riser diagram;
            7.   Load calculations and available fault current calculations;
            8.   A proposed method of construction with construction symbols;
            9.   The plans shall include the selection of suitable disconnect and overcurrent devices to provide proper coordination and interrupting capacity for a wiring system is the responsibility of the designer; and
            10.   Approval from the local electrical energy supplier that the request shall not place undue burden on the transfer or its electrical system.
         (f)   Disposal, pollution, water quality control. The applicant shall provide a disposal and pollution control plan. An approved permit holder shall be prohibited from degrading water quality, or disposing of marijuana or chemicals or fertilizer into wells, drains or township sewers.
         (g)   Michigan Department of Environment, Great Lakes and Energy (EGLE). The applicant may be required to present permits or approvals from EGLE as applicable.
         (h)   Soil erosion and stormwater runoff and drainage control. The applicant shall provide a soil erosion control plan and must apply for a soil erosion permit as applicable to engage in specified earth movement or changes. The applicant may not alter the drainage of their land that unreasonably interfere with others' land, which creates a nuisance.
         (i)   Setbacks. Any portion of a dwelling, building or other structure proposed for marihuana growth, such as a cultivation room, or facility including an “enclosed, locked facility” as defined by the MMMA, shall meet the setback requirements from adjacent property lines as defined and stated for in each allowed zoning district. No structure shall attach to any other structure on an adjacent property or cause a nuisance onto a neighboring property.
         (j)   Lighting. If medical marihuana is grown or located in a room, building, structure or facility with windows or with exterior lighting, all lighting shall be shielded to prevent ambient light from creating a distraction for adjacent properties.
         (k)   Duty to maintain. When approving site plans, the township does not assume responsibility for the design or for any deviations from any plan drawings. The permit holder shall ensure that the plans and specifications approved by the township are maintained in good working order and any use not expanded from the approved plans. A copy of the plans and specifications, shall be available on the site.
         (l)   Inspection. In addition, all other applicable application requirements in this section and the zoning ordinance, codes and laws, any portion of a dwelling, building or other structure, such as a cultivation room, or facility including an “enclosed, locked facility” as defined by the MMMA, used for the growth or storage of marihuana, are subject to inspection and approval. Prior to approval, the property, dwelling, and all enclosed, locked facilities shall be available for inspection upon request by the Zoning Administrator, Building Official, Fire Chief, or designee, other Code or law enforcement, Planning Commission or township official. Failure to allow inspection is a violation of this section and the zoning official may seek an administrative warrant to inspect the property and structures for purposes of enforcement and failure to allow inspection shall also be considered an incomplete application.
   (E)   Other commercial cultivation establishments prohibited.
      (1)   Provisioning and other commercial facilities prohibited. It shall continue to be unlawful to establish or operate a for-profit or nonprofit marihuana dispensary, collective, commercial use, cooperative, provisioning center or medical marihuana facilities within the township, even if such use is intended for the medical use of marihuana. It is the intent of this section to prohibit the pooling of caregiver cards to establish more allowable plant growth or a larger growth operation beyond five qualified registered patients per caregiver as permitted by the Michigan Medical Marihuana Act, Michigan Initiated Law 1 of 2008, M.C.L.A. 333.26421, et seq. It is the intent of this section to affirm the township has opted out of the Medical Marihuana Facilities Licensing Act, Act 281 of 2016 or other State of Michigan law, and only one caregiver per parcel may be approved, except as otherwise allowed by this section.
      (2)   Commercial marihuana facility establishments prohibited. Any and all types of a “marihuana establishment,” as that term is defined and used in Michigan Initiated Law 1 of 2018, commonly known as the Michigan Regulation and Taxation of Marihuana Act, are completely prohibited in Mussey Township and may not be established or operated in any zoning district, by any means, including by way of a variance. Any and all types of “marihuana facilities” as described in Act 281 of 2016, the Medical Marihuana Facilities Licensing Act are completely prohibited and may not be established, licensed or operated in any zoning district, by any means, including by way of a variance.
   (F)   Enforcement.
      (1)   Municipal civil infraction. Violation of this section shall be a Municipal Civil Infraction as authorized under Chapter 87 of Act No. 236 of the Public Acts of 1961, M.C.L.A. 600.8701 et seq. as amended.
      (2)   Municipal violation notice. The penalty for a notice of violation under the authority of M.C.L.A. 600.8707(6) is as described under Title III Administration, Chapter 31, Civil Infractions payable at the Township Violation Bureau.
      (3)   Municipal civil infraction. The sanction and penalty for a municipal civil infraction shall be payable at the court. The sanction for a municipal civil infraction shall be up to $500, plus additional costs, damages, expenses and other sanctions and injunctive relief, as authorized under the Municipal Civil Infraction Statute Chapter 87 of Act No. 236 of the Public Acts of 1961, as amended. This section shall be enforceable to the fullest extent allowed under the Municipal Civil Infraction enabling statute as authorized under Chapter 87 of Act No. 236 of the Public Acts of 1961, Section 600.8701 et seq. as amended.
      (4)   Authorized local official. This section shall be enforced by the Supervisor or designee, Chief Code Enforcement Officer of the Township, the Township Ordinance Enforcement Officer, and/or by such other persons and/or officials who shall be so designated by the Mussey Township Board.
      (5)   Additional remedies. A violator of this section shall also be subject to such additional sanctions, remedies, and/or judicial orders and/or judgments as are authorized and provided under the statutes and laws of the State of Michigan. Each day a violation of this section occurs and/or continues to exist, constitutes a separate violation. Any violation of this section is declared to be a public nuisance per se.
      (6)   Court actions. By its adoption of this section, Mussey Township does not waive and/or relinquish any of its authority and/or power afforded to it under the statutes, laws and Court Rules of the State of Michigan for the enforcement of its township ordinances. The township specifically reserves and retains the right to commence appropriate legal proceedings for equitable, injunction on and/or other relief and/or remedies available to the township by actions and suits filed in the Circuit Court for the County of St. Clair, in addition to the commencement of actions and/or filing of complaints in the District Court for the County of St. Clair.
      (7)   Nuisance. Violation of this section may also be enforced as a nuisance pursuant to the Michigan Zoning Enabling Act, M.C.L.A. 125.3407 or applicable law. The court shall order the nuisance abated, and the owner or agent in charge of the dwelling, building, structure, facility, tent, recreational vehicle, or land is liable for all costs and fees to abate for maintaining a nuisance per se.
      (8)   Nothing in this section shall limit any privileges, rights, immunities or defenses of a person as provided in the Michigan Medical Marihuana Act, Michigan Initiated Law 1 of 2008, MCL 333.26421, et seq. other State of Michigan law.
   (G)   Nonuse variance. The Zoning Board of Appeals may grant a nonuse variance for structures, buildings, enclosed locked facilities under this section as long as the spirit of this section is observed, public safety secured, and substantial justice done pursuant to the Michigan Zoning Enabling Act 110 of 2006 as amended and the Mussey Township Zoning Ordinance for variance standards now or later enacted. The Zoning Board of Appeals may not grant a use variance for a Home Occupation Medical Marihuana primary caregivers or facilities.
   (H)   Post recitals.
      (1)   Summary of the regulatory effect. This new section regulates medical marihuana caregivers as a home occupation as a land use in all geographic areas.
      (2)   Effective date. This zoning ordinance amendment shall take effect upon the expiration of seven days after publication. Following adoption of this zoning ordinance the clerk shall publish a notice of ordinance adoption in a newspaper of general circulation in the local unit of government within 15 days after adoption.
      (3)   Availability. A copy of this section shall be available at the Office of the Clerk and may be purchased or inspected during regular business hours.
      (4)   Conflict with other ordinances. All ordinances or parts of ordinances in conflict herewith are hereby to be read consistent with this section and are repealed only to the extent necessary to give this section full force and effect.
      (5)   Severability. Should any portion of this section be held invalid for any reason, such holding shall not be construed as affecting the validity of any of the remaining portions of this section.
      (6)   Compatibility. To the extent this section is in conflict with the procedures under the Michigan Zoning Enabling Act, Public Act 110 of 2006, the MZEA shall apply.
(Ord. 44, passed 2-9-2022)

§ 153.246 SOLAR FARMS.

   A)   Intent and purpose. To promote the use of solar energy within Mussey Township as a clean alternative energy source and to provide for the land development, installation and construction regulations for large photovoltaic solar farm facilities subject to reasonable conditions that will protect the public health, safety and welfare. These regulations establish minimum requirements and standards for the placement, construction and modification of large photovoltaic solar farm facilities, while promoting a renewable energy source for our community in a safe, effective and efficient manner.
   (B)   Minimum lot size. Large photovoltaic solar farm facilities shall not be constructed on parcels less than 20 acres in size.
   (C)   Height restrictions. All photovoltaic panels located in a solar farm shall be restricted to a height of 14 feet.
   (D)   Setbacks. All photovoltaic solar panels and support structures associated with such facilities (excluding perimeter security fencing) shall be a minimum of ten feet from a side or rear property line and a minimum of 20 feet from any road or highway right-of-way.
   (E)   Maximum lot coverage. Maximum lot coverage restrictions shall not apply to photovoltaic solar panels. Any other regulated structures on the parcel are subject to maximum lot coverage restrictions.
   (F)   Safety/access. A security fence (height and material to be established through the special use permit process) shall be placed around the perimeter of the solar power plant and electrical equipment shall be locked. Knox box and keys shall be provided at locked entrances for emergency personnel access.
   (G)   Noise. No large photovoltaic solar farm facilities shall exceed 65 dBA as measured at the property line.
   (H)   Landscaping. Large photovoltaic solar farm facilities shall be required to install perimeter landscaping equal to one tree for each 25 feet of road or highway frontage. The equivalent of one tree shall be required along the sides and rear of such developments equal to one tree every 25 feet of property line when abutting existing homes or developed parcels. The Planning Commission may alter the landscaping requirement depending upon the location and existing plant material on the site. Trees shall be a minimum of four feet tall when planted and remain in good condition for the life of the large photovoltaic solar farm.
   (I)   Local, state and federal permits. Large photovoltaic solar farm facilities shall be required to obtain all necessary permits from the U.S. Government, State of Michigan and Mussey Township and comply with standards of the State of Michigan adopted codes.
   (J)   Electrical interconnections. All electrical interconnection or distribution lines shall comply with all applicable codes and standard commercial large-scale utility requirements. Use of above ground transmission lines shall be prohibited within the site.
   (K)   Additional special use criteria. The following topics shall be addressed in a special use application for such large photovoltaic solar farm facilities in addition to the special use review criteria.
      (1)   Project description and rationale. Identify the type, size, rated power output, performance, safety and noise characteristics of the system, including the name and address of the manufacturer and model. Identify time frame, project life, development phases, likely markets for the generated energy and possible future expansions.
      (2)   Analysis of onsite traffic. Estimated construction jobs, estimated permanent jobs associated with the development.
      (3)   Visual impacts. Review and demonstrate the visual impact using photos or renditions of the project or similar projects with consideration given to tree plantings and setback requirements.
      (4)   Wildlife. Review potential impact on wildlife on the site.
      (5)   Environmental analysis. Identify impact analysis on the water quality and water supply in the area.
      (6)   Waste. Identify solid waste or hazardous waste generated by the project.
      (7)   Lighting. Provide lighting plans showing all lighting within the facility. No light may adversely affect adjacent parcels. All lighting must be shielded from adjoining parcels, and light poles are restricted to 18 feet in height.
      (8)   Transportation plan. Provide access plan during construction and operation phases. Show proposed project service road ingress and egress access onto primary and secondary routes, layout of the plant service road system. Due to infrequent access to such facilities after construction is completed, it is not required to pave or curb solar panel access drives. It will be necessary to pave and curb any driveway and parking lots used for occupied offices that are located on site.
      (9)   Public safety. Identify emergency and normal shutdown procedures. Identify potential hazards to adjacent properties, public roadways and to the community in general that may be created.
      (10)   Sound limitations and review. Identify noise levels at the property line of the project boundary when completed.
      (11)   Telecommunications interference. Identify electromagnetic fields and communications interference generated by the project.
      (12)   Life of the project and final reclamation.
         (a)   To ensure proper removal of a photovoltaic solar farm energy system when it is abandoned, any application for approval of a new photovoltaic solar farm shall include a description of the financial security guaranteeing removal of the system which must be posted at the time of receiving a construction permit for the facility. The security shall be:
            1.   A cash bond;
            2.   An irrevocable bank letter of credit; or
            3.   A performance bond in a form approved by the township.
         (b)   The amount of such guarantee shall be no less than the estimated cost of removal and may include a provision for inflationary cost adjustments. The estimate shall be prepared by the engineer for the developer and shall be subject to approval by the township.
         (c)   If the property owner fails to remove or repair the defective or abandoned system, the township may pursue legal action to have the system removed and assess its cost to the tax roll. The applicant shall be responsible for the payment of any costs and attorney fees incurred by the township in securing removal of the structure.
   (L)   (1)   The Planning Commission review. Because of the ever-changing technical capabilities of photovoltaic solar panels and of new technology in general, the Planning Commission shall have the authority to review and consider alternatives in both dimensional requirements as well as physical development requirements found in this section. The Planning Commission shall not have the authority to review or to allow photovoltaic solar farm facilities within any other zoning district.
      (2)   Alternatives.
         (a)   For a request for alternatives set forth in this section, for either dimensional requirements as well as physical development requirements found in this section, the applicant shall present in writing prior to the Planning Commission hearing:
            1.   The alternatives requested;
            2.   The reasons for the deviation;
            3.   Supporting documentation for the deviation;
            4.   The lot size and location of the proposed solar farm; and
            5.   The number, size, make and location of the solar components.
         (b)   The Planning Commission may grant the deviation based upon changing technology to the extent the request is within the reasonable spirt of the standards under this section.
      (3)   Minimum lot size. The Planning Commission may consider a joint application of adjacent properties. When a joint application is made for adjacent properties, all owners must agree to and make a joint request for reduction to the minimum lot size of 20 acres within the joint application. In addition to the standards set forth herein, the Planning Commission shall consider the impact on both properties, the size of the properties, the setback requirements, the impact on neighboring properties, the use of mechanical devices common to both properties, the grant of necessary easements, the size and location of the solar components, the joint use components, and other reasonable conditions. The Planning Commission may request additional information or documentation in order to make an informed decision on a solar farm special land use request.
   (M)   (1)   Solar farms shall be considered a special land use and allowed in the Agricultural and Light Industrial zones. The property owner or agent must apply for a special land use permit applying the standards in this section and under this subchapter - Special Land Use Approval Requirements, and the Michigan Zoning Enabling Act, (MZEA), Public Act 110 of 2006.
      (2)   The applicant shall present an application on a form approved by the township and a detailed site plan. The Planning Commission shall make notifications and hold hearing as required under the MZEA. The Planning Commission shall review the special land use application, and may deny, approve, or approve with conditions a request for special land use approval. The decision on a special land use shall be incorporated in a statement of findings and conclusions relative to the special land use which specifies the basis for the decision and any conditions imposed.
(Ord. 41, passed 10-14-2020)