New Buffalo Township
City Zoning Code
City Zoning Code
ARTICLE 5
Supplemental Use Standards
§ 455-5.1 Intent and purpose.
It is the purpose of this article to provide regulations for miscellaneous and other requirements that may or may not apply in all zoning districts. In addition to the applicable standards elsewhere in this chapter, the following standards apply to specific uses.
§ 455-5.2 Agricultural tourism.
The following agricultural or agricultural-related uses and activities are permitted under this section:
Seasonal "U-pick" fruit and vegetable operations.
Roadside market stands.
Outdoor mazes of agricultural origin such as straw bales or corn.
Value-added agricultural products or activities such as education tours, classes, lectures, seminars, or processing demonstrations.
Bakeries selling baked goods containing produce grown primarily on site.
Playgrounds or equipment typical of a school playground, such as slides, swings, etc., not including motorized vehicles and rides.
Petting farms, animal displays, and pony rides.
Wagon, sleigh, and hayrides.
Nature trails.
Open air or covered picnic area with restrooms.
Historical agricultural exhibits.
Kitchen facilities processing/cooking items for sale on or off premises.
Gift shops for agricultural or agriculturally related products.
Gift shops for nonagricultural products such as antiques and crafts.
The property must be actively engaged in agricultural operations that comprise at least 50% of the lot. Except as otherwise regulated under the Michigan Department of Agriculture and Rural Development's Generally Accepted Agricultural and Management Practices, the Planning Commission may allow designated parking spaces to be of a gravel or vegetated surface if it is determined to have no discernible negative effect on surrounding property owners.
§ 455-5.3 Automobile repair.
All repairs shall be conducted within an enclosed building or within a screened area in the rear or side yards.
An opaque fence consisting of decorative materials or a masonry wall with a minimum height of six feet shall surround all areas designated for the temporary outdoor storage of equipment and materials or repairs. The finished side of any fence or wall shall face adjacent properties.
Outside noise shall not exceed 60 dba at any adjoining property line.
Designated parking spaces shall not be used for vehicle storage or repairs.
The selling of vehicles and trailers shall be prohibited on site.
All hazardous materials resulting from the repair operation shall be properly stored and removed from the premises in a timely manner. Storage, use, and removal of toxic substances; solid waste pollution; and flammable liquids, particularly gasoline, paints, solvents, and thinners, shall conform to all applicable federal, state, and local regulations.
§ 455-5.4 Automobile service stations.
All accessory uses and services shall be conducted within a completely enclosed building.
The minimum site lot shall be 10,000 square feet.
The proposed site shall have at least one property line abutting a major thoroughfare. The automotive services site, or sites, shall be located away from patterns of pedestrian circulation and with direct unencumbered access to traffic arteries.
A raised curb of at least six inches in height shall be erected along all the street property lines, except at driveway approaches. The area used for servicing vehicles within the automotive service station's property lines shall be paved with a permanent surface of concrete or asphalt.
All hazardous materials resulting from the repair operation shall be properly stored and removed from the premises in a timely manner. Storage, use, and removal of toxic substances; solid waste pollution; and flammable liquids, particularly gasoline, paints, solvents, and thinners, shall conform to all applicable federal, state, and local regulations.
§ 455-5.5 Bed-and-breakfast establishments.
Intent and purpose. It is the intent of this section to allow for and regulate bed-and-breakfast establishments, and to ensure that the property is suitable for transient lodging facilities, the use is compatible with other uses in the agricultural and lower-density residential districts, that residential and agricultural lands shall not be subject to increased trespass, and that the impact of the establishment is no greater than that of a private home with house guests. It is the intent to encourage the use and adaptive reuse of historical or architecturally significant buildings in the Township for such bed-and-breakfast establishments.
Permitted uses.
General standards. The following requirements apply to all bed-and-breakfast homes and inns, together with any other applicable requirements of this chapter:
In addition to the sign standards set forth in this chapter, bed-and-breakfast homes and inns shall meet the following requirements:
Signs for bed-and-breakfast homes and inns shall not exceed 16 square feet in size.
No sign shall be located closer than 10 feet from the road right-of-way.
No internally lit signs will be permitted. External sign lighting shall be from an overhead position only shining downward onto the sign face in such a way that results in a minimum reflection of light off the sign face. Light sources shall be shielded from view from adjacent streets and properties by light fixture shields.
The establishment shall be owner-occupied at all times. In the case where a bed-and-breakfast home or inn has multiple owners, at least one owner shall occupy the establishment at all times. Any other arrangement shall require the approval of the Township.
The rental sleeping rooms shall have a minimum size of 100 square feet for the first two occupants, with an additional 30 square feet for each additional occupant to a maximum of four occupants per room.
In the event the Township determines that noise generation may be disturbing to neighbors, or that the location of the establishment is in an area where trespass onto adjacent properties is likely to occur, then the Township may require that fencing and/or a planting buffer be constructed and maintained.
Use of snowmobiles, all-terrain or similar vehicles, boats, or other marine equipment in conjunction with the operation of the establishment shall be prohibited.
A special use permit shall not be granted if the essential character of a lot or structure within a residential or agricultural district will be changed substantially in terms of use, traffic generation, or appearance by the occurrence of the bed-and-breakfast use.
All bed-and-breakfast homes or inns shall be an active member in the State of Michigan's Bed-and-Breakfast Association. A copy of all reviews, as part of the association review process, shall be provided to the Township upon completion.
All bed-and-breakfast homes or inns shall meet all local and state regulations for construction code and fire safety.
All rooms for rent in any bed-and-breakfast home or inn shall be rented for temporary periods of time. No room shall be used as the primary residence of any non-family renter.
§ 455-5.6 Campgrounds.
Campgrounds shall comply with the provisions of Part 125 of the Michigan Public Health Code, and with the following requirements:
No campgrounds shall be located except with direct access to a major thoroughfare, or with a minimum lot width of not less than 50 feet for the portion used for entrance and exit. No entrance or exit shall be through a residential district or shall require movement of traffic from the campground through a residential district.
The minimum lot area per campground shall be 10 acres.
Campsites in campgrounds may be rented by the day, by the week, for indefinite periods, or sold, provided that no site shall be occupied as a permanent or principal residence.
Management headquarters, recreational facilities, toilets, showers, off-street parking areas, laundry facilities, and other uses and structures customarily incidental to the operation of a campground are permitted as accessory uses, provided that:
Such accessory uses shall not occupy more than 10% of the area of the campground.
Such accessory uses shall be restricted in their use to occupants of the campground and their guests.
Such accessory uses shall present no visible evidence of their commercial character which would attract customers other than occupants of the campground and their guests.
No campsite shall be so located that any part intended for sleeping purposes is within 100 feet of the right-of-way line of any public road or highway. Setback spaces shall be occupied by plant materials and appropriately landscaped. Plant materials shall be of sufficient size when installed to assure immediate and effective screening of the park from adjacent roads and properties. The plans, specifications, and proposed arrangement of such plantings shall be prepared by a registered landscape architect.
The campground site plan shall be subject to the review and approval of the Berrien County Health Department.
Individual campsites are not subject to setback and accessory structure placement requirements that would otherwise be required under this chapter.
§ 455-5.7 Child day-care home, family.
Such facilities shall be located in the permanent residence of the operator.
Such facilities shall have no more than one full-time equivalent nonresident employee.
Such facilities shall operate no more than 16 hours per day. There shall be no outdoor activity, noise, or lighting beyond the boundaries of the site between the hours of 10:00 p.m. and 6:00 a.m.
§ 455-5.8 Commercial excavation and dredging.
Shall be located on major thoroughfare as defined in this chapter with at least two vehicle travel lanes paved to accommodate heavy trucks.
Minimum lot size shall be five acres with at least 200 feet of frontage on the major thoroughfare.
The front gate shall be set back at least 75 feet from the edge of the pavement of the major thoroughfare.
A security fence as defined in this chapter and constructed between eight and 10 feet high shall completely surround the on-site operations and shall include security materials on top of the fence; however, barbed wire shall be prohibited.
An obscuring wall or fence or a vegetated screen as specified in § 455-4.3F shall be constructed along the entirety of each adjoining side or rear property line when the adjoining property is used for residential or mixed-use purposes.
On-site lighting shall not spill outside the fence on sides and rear of the property.
Sanitary facilities shall be adequate for workers as defined by County Health Department or other relevant authorities.
The hours of operation for on-site activities that generate noise that can be objectively measurable at adjoining property lines shall be limited to the hours between 8:00 a.m. to 7:00 p.m.
Equipment stored on subject property shall be located in the rear or side yard of the primary structure located on the property.
The site shall conform to all other applicable local, state, and federal laws and regulations for such uses.
§ 455-5.9 Commercial lodging.
§ 455-5.10 Communications towers.
Intent and purpose. The intent of this section is to ensure commercial and governmental communication towers are constructed consistently with the New Buffalo Township Zoning Ordinance and placed in a manner which will protect public health, safety and welfare, and where impact on the surrounding community will be minimized.
Wireless communication equipment. Wireless communications equipment is a permitted use, not subject to special land use approval or any other approval if all the following requirements are met:
The wireless communications equipment will be collocated on an existing wireless communications support structure or existing equipment compound.
The existing wireless communications support structure or existing equipment compound is in compliance with the Township's Zoning Ordinance or has been approved by the Township Zoning Board.
The proposed collocation will not do any of the following:
Increase the overall height of the wireless communications support structure by more than 20 feet or 10% of its original height, whichever is greater.
Increase the overall width of the wireless communications support structure by more than the minimum necessary to permit co-location.
Increase the area of the existing equipment compound to greater than 2,500 feet.
The proposed co-location complies with the terms and conditions of any previous final approval of the wireless communications support structure or equipment compound by the Township Zoning Board.
General standards.
Communication towers are permitted, through the special land use permit process, if all of the following requirements are met:
The communication tower is located in the AG-R, C-1, C-2, or I District, or on property owned by Township government.
The communication tower complies with all applicable FCC and FAA regulations, and all applicable building codes.
Communication towers are subject to review by the Zoning Administrator for compliance with Township site plan review standards as provided in § 455-6.3.
Communication towers are not to exceed the minimum height needed for the intended purpose. However, under no circumstance may a tower be higher at its highest point than 40 feet in the C-1 and C-2 Districts, and 50 feet in the I District. Total height is defined as measured from the preconstruction grade elevation to the highest point on the tower including any attached antennas.
Communication towers must be sited a distance equal to at least 75% of the total height of the tower, from any adjoining lot line.
Supports, guys, and accessory buildings must adhere to minimum zoning district setback requirements.
The design of buildings, cabinets, and all other structures related to communication towers shall incorporate materials, colors, textures, and screening and landscaping that causes them to blend into the natural setting and/or surrounding buildings, and shall be screened from the view of adjacent properties and streets.
Existing mature trees and natural land grades on the site are to be preserved to the maximum extent possible.
The tower shall not use blinking or flashing lights or strobes, unless mandated by the FAA. If lighting is required, the lighting must cause the least disturbance to all surrounding properties and views.
Any tower that is not in operation for a continuous period of 12 months is considered abandoned, and the owner must remove the same within 90 days of receipt of notice from the Township.
Any decision regarding approval or denial of a request to place, construct or modify a communication tower shall be in writing and supported by substantial evidence contained in a written record. Such decisions must be rendered pursuant to the timelines set forth in the Michigan Zoning Enabling Act, Section 514.[1]
[1]
Editor's Note: See MCLA § 125.3514.
§ 455-5.11 Contractor storage yards.
Outdoor storage of equipment and materials for contractor establishments shall be allowed under the following conditions:
No equipment or materials shall be stored in the required front, side or rear setbacks.
If a building exists on a parcel, the outdoor storage of equipment and materials shall only occur in the side or rear yards.
An opaque fence consisting of decorative materials or masonry wall with a minimum height of six feet shall surround all areas designated for the outdoor storage of equipment and materials. The finished side of any fence or wall shall face adjacent properties.
§ 455-5.12 Excavation business.
Minimum lot size shall be three acres.
The business shall be served by a public road.
Equipment storage shall be behind all setback lines.
If a building is located on the premises, it must be served by potable water and human sanitation facilities.
If no buildings are located on the premises, the site must be served with porta-potties and these facilities must be maintained.
§ 455-5.13 Food trucks, vendor trucks, and pop-up operations.
Vendor trucks shall be permitted as a principal or accessory use in the districts specified. Prior to beginning the operation, vendor trucks must obtain a zoning permit certifying that they meet the following standards:
Food trucks and the distribution of products shall occur solely on private property and on a space paved with hard-surfaced pavement.
All sites with a vendor truck must provide five parking spaces for each truck, plus all required parking for the principal use.
Waste receptacles shall be provided for the general public in the vicinity of the vendor truck. All litter and debris must be removed from site within 48 hours after use. Violation will result in a fine established by the Township Board per each day of violation.
The standards above shall not apply to vendor trucks that do business by traveling on public rights-of-way from neighborhood to neighborhood, such as ice cream trucks. Such vendor trucks shall not be regulated by this chapter.
Food trucks, vendor trucks, and pop-up operations may be located within any required yard, provided such use does not interfere with the provision of landscaping required in § 455-4.3.
In the course of granting a special use permit, the Planning Commission may establish screening requirements in addition to any that may be required in § 455-4.3.
Food trucks shall not occupy or obstruct the use of any fire lane, required off-street parking facility, or landscaped area required in Article 4, or create a traffic or safety hazard as determined by the Planning Commission.
Upon discontinuance of vendor truck uses, any temporary structures shall be removed within 48 hours.
Hours of operation for a vendor truck shall be limited to between 8:00 a.m. and 9:00 p.m. The Zoning Administrator may impose further limitations as necessary due to the site's location within the Township, adjacent land uses, or other factors.
Electrical service may be provided only by a temporary service or other connection provided by an electric utility, or by an on-board generator, subject to compliance with all other codes and ordinances.
Food trucks and any associated seating or tables shall maintain a minimum ten-foot setback from all driveways, public sidewalks, utility boxes and vaults, ramps for barrier-free access, building entrances, and exits or emergency access ways.
Permanent connections to water and sanitary sewer mains shall be prohibited.
Food trucks, vendor trucks, and pop-up operations shall comply with all relevant county, state, and federal regulations, and shall demonstrate compliance to the Zoning Administrator prior to receiving a zoning permit.
Food trucks, vendor trucks, and pop-up operations shall qualify as a temporary use and require only a zoning permit pursuant to § 455-10.8 for approval rather than site plan review.
Any zoning permit for a food truck, vendor truck, or pop-up operation shall be effective for 30 consecutive days beginning on the date it is issued. The permit may be renewed for one additional thirty-consecutive-day period within a calendar year, provided the use has been conducted in accordance with the requirements of this chapter.
§ 455-5.14 Golf facilities.
Golf courses and country clubs.
These regulations shall not include standalone golf-driving ranges and miniature golf courses.
The site area shall be a minimum of 50 acres and have its main ingress and egress from a major thoroughfare.
Development features shall be so located as to minimize any possible adverse effects upon adjacent property. All principal and accessory buildings, structures, and parking areas shall not be less than 200 feet from any adjoining property line of residentially zoned land.
Whenever a swimming pool is to be provided, said pool shall be located at least 100 feet from abutting residentially zoned property lines and shall be enclosed with a protective fence six feet in height, with entry limited by means of a controlled gate.
Driving ranges (standalone).
All sites shall be located on a major thoroughfare and all ingress and egress to the site shall be from said thoroughfare.
Whenever a driving range abuts property within any residential or mixed-use district, a transition strip at least 200 feet in width shall be provided between all operations and structures, including fences, and the residential property. Plant materials, grass and structural screens or fences of a type approved by the Planning Commission shall be placed within said transition strip.
A minimum yard of 100 feet shall separate all uses and operations permitted herein, including fences, from any public street or highway used for access or exit purposes. This yard shall be landscaped in accordance with plans approved by the Planning Commission.
§ 455-5.15 Group day-care homes.
A dropoff/pickup area shall be provided for access from the public street that permits vehicles to exit the property without backing into the street.
Fencing no less than four feet or more than six feet in height shall be provided around all outdoor recreation areas.
There shall be a contiguous open space of a minimum of 1,200 square feet provided on the subject parcel. Said open space shall not be located within a required front yard setback area. This requirement may be waived by the Township Board if public open space is available within 500 feet of the subject parcel, measured from the nearest lot line of the use to the nearest lot line of the public open space.
§ 455-5.16 Guest quarters.
§ 455-5.17 Home occupations.
Home occupations may be carried on in a dwelling or accessory building to that dwelling only under the following conditions:
Customary home occupations such as instruction in a craft or fine art, cottage industries, specialty catering, professional offices, tailoring services, bookkeeping, accounting, real estate, and insurance sales and similar gainful employment shall only be permitted.
Home occupations shall only be permitted when carried on by the occupant of the dwelling.
A home occupation shall not be allowed if the essential character of a lot or building within a zoning district (in terms of use, traffic generation, noise, odor, vibration, electrical interference or appearance, including signage) is changed by the home occupation. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, other than one sign, not exceeding four square feet in area, nonilluminated, and mounted flat against the wall of the building.
A home occupation shall not be allowed that commonly has regularly scheduled appointments arriving on a frequent basis within an interval of two hours or less.
The area utilized for the home occupation shall not exceed 25% of the floor area of one story of the dwelling whether or not the dwelling or an accessory building is so utilized.
All activities involved in the home occupation (other than parking) shall take place within the dwelling or accessory building.
Professional offices shall be occupied by not more than one professional practitioner with no more than one full time equivalent employee unless all additional persons employed are members of the family occupying the principal structure.
No retail or other sales shall be permitted on the premises unless they are clearly incidental and directly related to the conduct of the home occupation.
The principal use of the parcel shall be a dwelling and the operator of a home occupation shall make the dwelling unit within which the home occupation is conducted his or her legal and primary place of residence, where all activities such as sleeping, eating, entertaining and other functions and activities normally associated with home life are conducted.
All building, housing, fire and other local or state codes and ordinances shall be adhered to for home occupations.
§ 455-5.18 Kennels.
The minimum lot area shall be five acres for the first five animals, and an additional 5,000 square feet for each animal in addition to the first five. The Planning Commission may reduce this requirement based on site conditions.
Buildings used as kennels shall not occupy more than 25% of the lot except as pasture for animals.
The applicant shall declare, as part of the special land use application, the maximum number of animals intended to be housed at the facility. Newborn animals not yet weaned shall not be counted toward such maximum.
Buildings where animals are kept, dog runs, tethers, and exercise areas shall not be located nearer than 50 feet from any adjoining property line. Additional landscape screening, berms, or fencing may be required by the Planning Commission.
Dog runs and exercise areas shall not be located within any front yard.
All principal use activities, other than outdoor dog runs, tethers, or exercise areas, shall be conducted within a completely enclosed building.
An animal waste management plan shall be provided by the applicant. Animal waste must be managed in a manner so as not to be a hazard to health or a nuisance to neighbors.
All required state and local licenses and permits shall be obtained and maintained in good standing at all times.
Noise emanating from a kennel shall not be objectively measurable at a volume of 55 decibels [db(A)] or greater at any adjoining property line.
§ 455-5.19 Landscaping business.
The front yard shall be a minimum 50 feet from the edge of any adjoining right-of-way.
Side yards shall be a minimum 50 feet from the side lot line unless a ten-foot-high opaque fence is created along the side lot line.
If the fence specified in Subsection B is created, the setback follows the underlying district regulations. Side yard setback shall be increased to 100 feet for any lot line adjoining residential or mixed-use property. Rear lot lines shall follow the underlying district regulations or be 100 feet from an adjoining residential or mixed-use zoned property.
§ 455-5.20 Lumber and planing mills.
The principal and accessory buildings and structures used as lumber and planing mills shall not be located within 300 feet of any residential property line.
§ 455-5.21 Lumberyards.
The lot area used for parking, display, or storage shall be paved or surfaced and shall be graded and drained so as to dispose of all surface water.
Any display materials or equipment stored or displayed outside of an enclosed building shall not extend into any required yard or occupy any required parking or maneuvering areas for vehicles.
§ 455-5.22 Marihuana businesses.
[Amended 5-23-2025 by Ord. No. 20250523A]
In addition to all requirements of Article 8 and any other requirements of this Zoning Ordinance or Township ordinances, and any conditions imposed by the Planning Commission in granting special use approval, all medical marihuana facilities and adult-use marihuana establishments must comply with the following requirements. All terms defined in the MMFLA[1] and MRTMA[2] have the same meaning when used in this section.
Medical marihuana facilities must comply with the MMFLA and the MMFLA rules, as well as any other applicable state laws or regulations.
Adult-use marihuana establishments must comply with MRTMA and the MRTMA rules, as well as any other applicable state laws or regulations.
Equivalent licenses are permitted, if approved by the State of Michigan.
Co-located facilities or establishments are permitted, subject to the following requirements:
The co-location must be approved by the State of Michigan.
A maximum of one of each license type may operate on a single parcel. By way of example and not limitation, this provision allows one adult-use grower and one adult-use retailer to be co-located on the same parcel, but it does not allow two adult-use retailers to be co-located on the same parcel. For purposes of this subsection, "parcel" means a parcel designated on the Township's assessment roll for property tax purposes, regardless of the number of street addresses assigned to the parcel or the number of buildings or units on the parcel.
Stacked grower licenses are prohibited.
Facilities and establishments shall be sufficiently screened or buffered with a fence, wall, or landscape screen to minimize light spillage, odor, and noise (including noise associated with truck traffic or other machinery), affecting adjacent properties.
Special use applicants must provide a plan for the storage and disposal of marihuana or chemicals associated with marihuana cultivation, so as to minimize the risk of theft or harm resulting from chemical exposure. This plan must be included with the site plan application.
No marihuana may be stored overnight outside of an enclosed building. By way of example and without limitation, it is unlawful to store marihuana overnight in an outdoor waste bin or a secure transport vehicle parked outdoors.
Signage for facilities and establishments may be approved pursuant to the standards provided in § 455-4.4, with the additional restriction that facility signage may not depict marihuana, marihuana-infused products, or marihuana-related paraphernalia.
Marihuana facilities and establishments must control and eliminate odor as follows:
Any building in which marihuana is stored, processed, or located must be equipped with an activated air scrubbing and carbon filtration system for odor control to ensure that air leaving the building through an exhaust vent first passes through an activated carbon filter and air scrubbing system.
The filtration system must consist of one or more fans, activated carbon filters and be capable of scrubbing the air prior to leaving any building. At a minimum, the fan(s) must be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three. The filter(s) shall be rated for the applicable CFM.
The air scrubbing and filtration system must be maintained in working order and must be in use at all times. The filters must be changed per manufacturers' recommendation to ensure optimal performance.
Negative air pressure must be maintained inside the building.
Doors and windows must remain closed, except for the minimum time length needed to allow people to ingress or egress the building.
An alternative odor control system is permitted if the special use applicant submits a report by a mechanical engineer licensed in the State of Michigan sufficiently demonstrating that the alternative system will eliminate odor as well or better than the air scrubbing and carbon filtration system otherwise required.
The following minimum-distancing regulations apply:
A marihuana establishment or medical marihuana facility may not be located within 5,280 feet of an existing public or private K-12 school; a church; a licensed daycare center; governmental office; or a public library. This distance is computed by measuring a straight line between the two closest points of the property lines on the subject parcels. Any marihuana establishment or medical marihuana facility that has received preliminary approval of a special land use by the effective date of this amendment shall be exempt from the 5,280 feet requirement. If the use has been abandoned for 12 months or more, then the special land use is invalid.
A marihuana establishment or medical marihuana facility may not be on a parcel that abuts the R-1, R-2, Ag-R, or MR zoning districts.
A marihuana establishment or medical marihuana facility may not be located within 5,280 feet of an existing one-family or multiple-family dwelling unless the owner of the dwelling completes an application for a waiver as part of the special land use process and records the waiver with the Berrien County Register of Deeds. This distance shall be measured from property line to property line. Any marihuana establishment or medical marihuana facility that has received preliminary approval of a special land use by the effective date of this amendment shall be exempt from the 5,280 feet requirement. If the use has been abandoned for 12 months or more, then the special land use is invalid.
The following additional requirements apply to provisioning centers and retailers:
Operational requirements.
Provisioning centers and retailers may not be open to customers between the hours of 9:00 p.m. and 9:00 a.m.
Provisioning centers and retailers may not receive deliveries between the hours of 8:00 p.m. and 7:00 a.m.
The interior of the facility must be arranged in a way such that neither marihuana nor marihuana-infused products are visible from the exterior of the facility.
Consumption of marihuana shall be prohibited in the retail facility, and a sign shall be posted on the premises of each retail center indicating that consumption is prohibited on the premises.
Provisioning centers and retailers shall continuously monitor the entire premises on which they are operated with surveillance systems that include security cameras. The video recordings shall be maintained in a secure, off-site location for a minimum period of 14 days.
Provisioning centers and retailers shall install, maintain, and consistently use a security alarm system that meets industry standards for building and inventory security.
The public or common areas of the provisioning center or retailer must be separated from restricted or nonpublic areas.
No drive-through window on the portion of the premises occupied by a provisioning center or retailer shall be permitted.
Provisioning centers and retailers shall not allow the sale, consumption, or use of alcohol or tobacco products on the premises.
The following additional requirements apply to microbusinesses and Class A microbusinesses:
Microbusinesses may not be open to customers between the hours of 9:00 p.m. and 9:00 a.m.
Microbusinesses may not receive deliveries between the hours of 8:00 p.m. and 7:00 a.m.
The exterior appearance of a microbusiness must be compatible with surrounding businesses with respect to facade type, ground-floor opacity, size and placement of signage, site layout, etc.
The interior of the establishment must be arranged in a way such that neither marihuana nor marihuana-infused products are visible from the exterior of the establishment.
Consumption of marihuana shall be prohibited in the establishment, and a sign shall be posted on the premises of each microbusiness indicating that consumption is prohibited on the premises.
Microbusinesses shall continuously monitor the entire premises on which they are operated with surveillance systems that include security cameras. The video recordings shall be maintained in a secure, off-site location for a period of 14 days.
Microbusinesses shall install, maintain, and consistently use a security alarm system that meets industry standards for building and inventory security.
The public or common areas of the microbusiness establishment must be separated from restricted or nonpublic areas of the marihuana establishment.
No drive-through window on the portion of the premises occupied by a microbusiness establishment shall be permitted.
Microbusinesses shall not allow the sale, consumption, or use of alcohol or tobacco products on the premises.
Cultivation must occur within an enclosed building with exterior facades consisting of opaque materials typical of an industrial or commercial building. The roof of the building may be constructed of a rigid transparent or translucent material designed to let in light, such as glass or rigid polycarbonate or fiberglass panels. Films or other nonrigid materials cannot be used to construct any component of the building's exterior structure.
Cultivation must be conducted in a manner to minimize adverse impacts on the Township's sanitary sewer system.
The following additional requirements apply to growers:
Cultivation must occur within an enclosed building with exterior facades consisting of opaque materials typical of an industrial or commercial building. The roof of the building may be constructed of a rigid transparent or translucent material designed to let in light, such as glass or rigid polycarbonate or fiberglass panels. Films or other nonrigid materials cannot be used to construct any component of the building's exterior structure.
Cultivation must be conducted in a manner to minimize adverse impacts on the Township's sanitary sewer system.
The following additional requirements apply to processors:
Processing must be conducted in a manner to minimize adverse impacts on the Township's sanitary sewer system.
The following additional requirements apply to safety compliance facilities:
Operations must be conducted in a manner to minimize adverse impacts on the Township's sanitary sewer system.
Special use permit specific to applicant.
Any special use permit granted for a medical marihuana facility or an adult-use establishment is unique and specific to the applicant and does not run with the land. The special use permit may be transferred to another medical marihuana facility only with Township approval.
Violations; remedies; revocation. Notwithstanding any other provision in this Zoning Ordinance to the contrary, penalties for violations of this subsection shall be as follows:
If at any time an establishment or facility violates the Zoning Ordinance, any condition imposed through a special use permit, or any other applicable Township ordinance or state law or regulation, the Township may take any or all of the following actions:
The Township may request that LARA revoke or refrain from renewing the facility or establishment's state operating license.
Following notice and a public hearing, the Township may revoke the facility or establishment's special use permit.
The Township may seek other appropriate and proper remedies, including actions in law or equity.
§ 455-5.23 Marinas.
§ 455-5.24 Open-air businesses.
Parking shall be set back a minimum of 15 feet from any road right-of-way line. The area between the parking and the road right-of-way shall be landscaped in accordance with § 455-4.3E.
The minimum lot width for open-air businesses shall be 200 feet.
All loading and parking areas for open-air businesses shall be confined within the boundaries of the site and shall not be permitted to spill over onto adjacent roads.
§ 455-5.25 Outdoor seating.
Outdoor seating for restaurants, bars, coffee shops, ice cream shops, and other businesses in commercial zones shall meet the following requirements:
Businesses proposing outdoor seating shall submit a site plan showing the layout of the outdoor seating area for a site plan review by the Planning Commission.
The hours of operation for the outdoor seating shall be included on the site plan and are subject to Planning Commission approval.
Outdoor seating shall be included in the calculation of required parking for the principal use of the site, and any additional required parking spaces triggered by the addition of outdoor seating must be constructed before the outdoor seating can be used.
Outdoor seating shall be subject to review and approval by the Fire Department and all relevant county or state approvals.
§ 455-5.26 Permanent private pools.
Permanent private pools shall be permitted as an accessory structure within the rear and side yard only, provided they meet the following requirements:
No swimming pool, indoor or outdoor, may be installed, placed or constructed except in conformance with the Township building code and the Michigan Construction Code Act, Michigan Public Act 230 of 1972, as amended,[1] and rules and regulations thereto. Water supply, filtration systems, electrical systems, and pumps shall be subject to the approval of the Building Department.
[1]
Editor's Note: See MCLA § 125.1501 et seq.
An outdoor swimming pool must comply with the front and side setback requirements for an accessory building. Notwithstanding any other provision of this chapter, the mandatory rear setback for an outdoor swimming pool shall be 10 feet.
For the protection of the general public, all yards containing swimming pools shall be completely enclosed by a fence not less than four feet in height. The gates shall be of a self-closing and latching type with the latch on the inside of the gate not readily available for children to open. Gates shall be capable of being securely locked for extended periods.
§ 455-5.27 Personal wireless service facilities.
Intent and purpose. The Telecommunications Act of 1996 sets forth provisions concerning siting and construction of personal wireless services facilities, and Title 47 of the United States Code expressly preserves local zoning authority and allows for the regulation of placement, construction and modification of personal wireless service facilities in Section 332(c)(7). Without coming into conflict with this federal law, it is the purpose of this section to otherwise regulate the siting and construction of such facilities within the Township.
General standards. All personal wireless service facilities shall be subject to the following general standards:
Multiple antenna/tower plan. The Township encourages the submission of a single application for approval of multiple tower and/or antenna sites simultaneously. Applications for approval of multiple sites shall be given priority.
Inventory of existing sites. All applicants for a permit for a new tower shall provide to the Zoning Administrator an inventory of their existing towers that are either within the Township or within two miles of the border thereof, including specific information about the location, height, and design of each tower. The Zoning Administrator will share available information upon written request.
Application process. Upon request, the Zoning Administrator shall provide applications for personal wireless service facilities to any resident of the Township. Applications shall be considered on a first-come, first-served basis, subject to the priority given to multiple sites in Subsection B(1). Any application received shall be considered by the Zoning Administrator and a decision shall be issued within a reasonable time. Any rejection/denial of an application must be supported by substantial evidence in a written record.
Placement in road rights-of-way prohibited. Personal wireless service facilities shall not be placed in any road right-of-way or in any easement for road purposes.
Lot size. The minimum lot size for a personal wireless service facility shall be as per this chapter for a dwelling unit the zoning district in which the facility is located. The Zoning Board of Appeals shall not reduce this minimum lot size.
Setbacks. The personal wireless service facility shall not be within any setbacks for the zoning district where the facility is located. Also, no tower shall be placed closer than 100% of its height from any lot line or from any dwelling unit, to the extent possible.
Airport and FAA approval. Any approval required by the FAA shall be sought and obtained prior to any approval by the Township under this section.
State and federal requirements. All personal wireless service facilities must meet or exceed current regulations of the FAA, the FCC, and any other agency of the state or federal government with regulatory authority. If such regulations are changed, then the owners of the personal wireless service facilities governed by this chapter shall bring such facilities into compliance with the revised regulations within six months of the effective date of such regulations, unless a different compliance schedule is mandated by the controlling state or federal agency.
Environmental impact of radio-frequency emissions. No applicant that is compliant with FCC emission standards may be denied because of the environmental impact of radio-frequency emissions.
Building codes. Personal wireless service facilities shall be maintained in compliance with standards contained in the applicable state or local building codes and any applicable standards for such facilities that are published by the Electronic Industries Association.
Construction. Personal wireless service facilities shall be constructed so as to be as compatible with their surroundings as possible, and shall thereby meet the following requirements:
A service building associated with personal wireless service facilities shall be constructed using materials, colors, textures, screening, and landscaping that will blend such facilities into the natural setting. In the alternative, such a building may be designed to architecturally match the exterior of buildings within 300 feet of the property on which they are located, in which case, the building shall be constructed of compatible materials such as wood, brick, or stucco. Metal exteriors shall not be allowed for a building associated with personal wireless service facilities.
Personal wireless service facilities shall be landscaped and fenced as follows:
Landscaping shall consist of a five-foot-wide buffer of plant materials that effectively screens the view of the tower compound from adjacent parcels. This buffer shall be located outside the perimeter of the compound.
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.
Existing vegetation and natural land forms on the site shall be preserved to the maximum extent possible.
All connecting wires from towers to service buildings shall be underground, to the extent possible.
All electrical and other service wires to the personal wireless service facility shall be underground, to the extent possible.
Service buildings shall be no larger than necessary to house equipment and shall meet all setback requirements of this chapter for such structures.
If, at the time of initial construction, the proposed tower layout is a co-location site, which provides service to other use providers, then the building shall be designed to accommodate all use providers at that time. Co-location shall not be cause for additional buildings on site.
The Planning Commission may, at its sole discretion, require that the tower be camouflaged to resemble a tree, or otherwise be made to be less obtrusive, if doing so would be consistent with promoting the public's health, safety, and welfare.
Tower construction. To minimize visual impact, monopole towers are required. Towers shall be finished in a single, nonreflective, matte-finished color.
Antenna types. Singular tube antenna types, such as omnidirectional antennas or arrangements that use compact-type platforms, instead of broad designed-type sectorized antenna arrays, shall be preferred for all applications.
Lighting. Towers shall not be artificially lighted unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design must cause the least disturbance to the surrounding views. All light sources shall be located and designed so as to prevent light from being directed outside the boundaries of the property. Light poles and fixtures shall be located as low as practical; a greater number of low area lights are favored over higher lights. Strobe lights shall not be allowed except as required by the FAA. All exterior lighting shall be from high-pressure sodium light sources with shielded down lighting and nonprojecting lenses.
Signs. No signs, advertisements, or identification of any kind intended to be visible from the ground or other structures shall be allowed on an antenna or tower, except as required for emergency purposes.
Safety. All personal wireless service towers shall be designed to prevent unauthorized access to electrical and mechanical components and shall have access doors that are kept securely locked at all times when service personnel are not present. A sign shall be posted near the tower or operations and maintenance building that will contain emergency contact information.
Tower heights/co-location. Towers may exceed height limits in the zoning district, providing they comply with the following additional standards:
In order to maximize the efficiency of the provision of telecommunication services, while minimizing the impact of such services on the Township, co-location shall be required by the Township.
The applicant shall be required to provide information regarding the feasibility of co-location of antennas at proposed sites. Factors to be considered in determining feasibility of co-location include available space on existing towers, the tower owner's ability to lease space, the tower's structural capacity, radio frequency interference, geographic service area requirements, mechanical or electrical incompatibilities, and any FCC limitations on sharing towers.
The applicant shall be required to send a certified mail announcement to all other tower users in the area, stating their siting needs and/or sharing capabilities in an effort to encourage tower sharing. The applicant shall not be denied or deny space on a tower unless the applicant demonstrates, to the satisfaction of the Township, that mechanical, structural, or regulatory factors prevent them from sharing.
The applicant may be required to provide a letter of intent to lease excess space on a tower and commit to:
Respond to any requests for information from another potential shared use applicant.
Negotiate in good faith and allow for leased shared use if an applicant demonstrates that it is practicable.
Make no more than a reasonable charge for a shared-use lease.
Once a co-location-type tower has received a special land use approval, the Zoning Administrator may approve such co-location antennas without review by the Planning Commission.
Tower height may be no more than required according to engineering requirements for a specific site or the technical capabilities of the antennas being mounted. The applicant shall provide funds to the Township determined by the Township Board to be sufficient to acquire an independent technical and engineering evaluation of the need for any tower in excess of the maximum height in that zoning district. Where the independent evaluation shows that service can be provided by a lower tower, no tower in excess of the maximum height in that zoning district shall be allowed. The Zoning Board of Appeals shall not grant a variance from this requirement.
Separation from residential areas. Towers shall be set back at least 200 feet from all existing residential structures and all residential zoning districts.
Separation between towers. Tower separation distances between proposed and preexisting monopoles over 35 feet in height shall be 1,500 feet. Separation distances between lattice and guyed towers shall be 5,000 feet.
§ 455-5.28 Recreational facilities.
Facilities are to be constructed, maintained, and operated by an incorporated, nonprofit club or organization, or for-profit commercial entity.
The minimum site size shall be five acres with a minimum width of 200 feet.
In those instances where the proposed site is intended to serve club or organization members who reside beyond the immediate neighborhood or subdivision in which the proposed site is located, the site shall be located on a major thoroughfare and all ingress and egress for the site shall be from said thoroughfare.
A front yard setback of 50 feet shall be provided.
Off-street parking may be located in a side or rear yard, provided that it is not located closer than 50 feet to any adjacent property in the residential zoning districts.
An outdoor swimming pool shall be permitted in the rear yard only, located at least 100 feet from any adjoining property in the residential zoning districts. The pool shall be enclosed with a protective fence six feet in height with entry provided by means of a controlled gate.
§ 455-5.29 Recycling centers.
A six-foot fence or wall shall be constructed along the rear and sides of the lot, capable of keeping trash, paper, and other debris from blowing off the premises.
The principal and accessory buildings and structures shall not be located within 200 feet of any residential use or district property line.
All hazardous and toxic materials shall be properly handled, stored, and contained.
§ 455-5.30 Religious institutions.
In recognition of many institutional uses that have been found to be reasonably compatible with residential uses, the Township may authorize the construction, maintenance, and operation of religious uses.
Religious institutions in the residential and agricultural zoning districts shall require a minimum lot size of one acre.
Such uses shall be duly licensed by the Michigan Department of Licensing and Regulatory Affairs.
Fencing of outdoor play areas may be required should it be determined that conditions exist in the immediate vicinity which could be hazardous to the user, children, or the public hearing on the application for a special use permit indicates objectionable trespass could occur onto neighboring properties by the user children.
The property shall be located in such a way that at least one side of the property adjoins and has access to a major thoroughfare.
§ 455-5.31 Renewable energy systems.
Intent and purpose. The intent and purpose of this section is to allow residents and business owners to generate renewable energy sources in order to reduce their reliance on fossil fuel-based energy sources, reduce energy utility costs, and mitigate any negative effects such systems may have on neighboring properties, citizens of the Township of New Buffalo, economic opportunities, and visitors.
Personal solar energy collection systems (SECS). Personal solar energy collection systems (SECS) with a rated capacity of no more than 10 kW shall be permitted an accessory use in districts as set forth in Article 3 to distribute generated energy primarily on site for consumption; however, excess energy output may be delivered to the power grid, subject to the following standards:
Ground-mounted personal SECS.
Height. Ground-mounted personal SECS shall not exceed the height of an allowed accessory structure within the zoning district when oriented at maximum tilt.
Placement. Ground-mounted personal SECS must meet the accessory structure setback and height requirements for the zoning district in which it is installed.
Coverage. Ground-mounted personal SECS may not exceed the area restrictions placed on accessory structures within the subject zoning district.
Visibility. Ground-mounted personal SECS shall be screened from view to the extent possible without reducing their efficiency. Screening may include walls, fences, or landscaping.
Roof or building mounted personal SECS.
Height. Roof- or building-mounted personal SECS shall not exceed the maximum allowed height in any zoning district. For purposes for height measurement, solar systems other than building-integrated solar systems shall be considered to be mechanical devices and are restricted consistent with other building-mounted mechanical devices.
Placement.
The collector surface and mounting devices for roof- or building-mounted personal SECS shall not extend beyond the required setbacks or height requirements for the zoning district in which it is installed.
Building-mounted personal SECS shall be prohibited from being located on any front facade.
Building- or roof-mounted personal SECS shall be allowed on any principal or accessory structure.
Coverage. Building- or roof-mounted personal SECS shall be allowed to cover the entire roof or facade where permitted to be installed.
Visibility. Building- or roof-mounted personal SECS shall be designed to blend into the architecture of the building or be screened from routine view from public rights-of-way other than alleys or railroad rights-of-way. The color of the solar collector is not required to be consistent with other roofing materials. Building-integrated solar systems shall be allowed regardless of visibility, provided the building component in which the system is integrated meets all required setback, land use, and performance standards for the zoning district in which the building is located.
Commercial solar energy collection systems (SECS). Commercial solar energy collection systems (SECS) with a rated capacity of 10 kW or more shall be permitted as an accessory or principal special land use in districts as set forth in Article 3 to distribute generated energy on site or commercially through the power grid system subject to the following standards:
Ground-mounted commercial SECS.
Height. The maximum height of a ground-mounted commercial SECS shall be 16 feet above grade at maximum tilt.
Placement. Ground-mounted commercial SECS shall be set back a minimum of 50 feet from all property lines and public rights-of-way, and 200 feet from any residential zoning district or use.
Coverage. The maximum allowable lot coverage of a ground-mounted commercial SECS, including solar panels and all other structures, shall be 80%. Ground-mounted SECS shall be otherwise exempted from the coverage standards in the respective zoning district; however, all other dimensional standards, including setbacks, shall apply.
Visibility. Ground-mounted commercial SECS shall be screened on all sides with a vegetated screen or green belt at a minimum height of eight feet.
Number. There shall be no limit to the number of ground-mounted commercial SECS on a given property.
Roof- or building-mounted commercial SECS.
Height. The maximum height of a roof- or building-mounted commercial SECS shall not exceed the maximum allowed height in any zoning district. For purposes for height measurement, solar systems other than building-integrated solar systems shall be considered to be mechanical devices and are restricted consistent with other building-mounted mechanical devices.
Placement. The collector surface and mounting devices for roof- or building-mounted personal SECS shall not extend beyond the required setbacks or height requirements for the zoning district in which it is installed.
Coverage. Building- or roof-mounted personal SECS shall be allowed to cover the entire roof or facade where permitted to be installed.
Visibility. Building- or roof-mounted personal SECS shall be designed to blend into the architecture of the building or be screened from routine view from public rights-of-way other than alleys or railroad rights-of-way. The color of the solar collector is not required to be consistent with other roofing materials. Building integrated solar systems shall be allowed regardless of visibility, provided the building component in which the system is integrated meets all required setback, land use or performance standards for the zoning district in which the building is located.
Number. There shall be no limit to the number of ground-mounted commercial SECS on a given property.
Solar energy conversion system approval standards. In addition to all applicable district, site plan review, and special land use approval standards, the following approval standards shall apply to all SECS:
Safety. Emergency and normal shutdown procedures shall be identified with the application, along with any potential hazards to adjacent properties, public rights-of-way, and to the general public that may be created. A security fence (height and material to be proposed and reviewed/approved through the special land use approval process) shall be placed around the perimeter of ground-mounted commercial SECS and electrical equipment. Knox-Boxes® and keys shall be provided at locked entrances for security personnel access.
Visual impact. SECS shall be located or placed so that concentrated solar glare shall not be directed toward or onto nearby properties or rights-of-way at any time of the day. Support structures shall be of a single, nonreflective matte finish of similar design, size, operation, and appearance throughout the project. No lettering, company insignia, advertising, or graphics shall be on any part of the structure. The applicant shall avoid state or federal scenic areas and significant visual resources in local, state, or federal historic registers.
Noise. SECS shall have a maximum noise production rating of 50 dBA and shall conform to this standard under normal operating conditions as measured at any property line.
Electromagnetic and telecommunication interference. No SECS shall interfere with electromagnetic or telecommunication systems.
Lighting. SECS shall have no installed or accessory lighting, unless required by federal or state regulations.
Intent to install. Prior to the installation or erection of a SECS, the operator must provide evidence showing their regular electrical service provider has been informed of the customer's intent to install an interconnected, customer-owned generator. Off-grid systems shall be exempt from this requirement.
Signs. A commercial SECS operator is required to provide a single posting, not to exceed four square feet, at the entrance of a commercial SECS prohibiting trespassing, warning of high voltage, and providing the emergency contact information for the operator.
Feeder lines. Any lines accompanying a SECS, other than those contained within the SECS structure or those attached to on-site structures by leads, shall be buried within the interior of the subject parcel, unless there are existing lines in the area which the lines accompanying a SECS can be attached.
Construction codes and interconnection standards. Utility systems shall comply with all applicable state construction and electrical codes and local building permit requirements, Federal Aviation Administration requirements, the Michigan Airport Zoning Act (Michigan Public Act 23 of 1950, MCLA § 259.431 et seq.), the Michigan Tall Structures Act (Michigan Public Act 259 of 1959, MCLA § 259.481 et seq.), applicable utility, Michigan Public Service Commission, and Federal Energy Regulatory Commission interconnection standards. The minimum FAA lighting standards shall not be exceeded. All tower lighting required by the FAA shall be shielded to the extent possible to reduce glare and visibility from the ground.
Personal wind energy conversion systems (WECS). Personal wind energy conversion systems (WECS) with a rated capacity of no more than 100 kW shall be permitted as an accessory special land use in districts as set forth in Article 3 to distribute generated energy primarily on site for consumption; excess energy output may be delivered to the power grid, subject to the following standards:
Ground-mounted personal WECS.
Height. Personal WECS shall have a total height, including tower and blade to its highest point of travel, of no more than 60 feet above the average finished grade of the lot.
Placement.
Shall not be located between a principal structure and a public street, unless the Township determines that such a location would lessen the visibility of the personal WECS or would lessen the negative impacts of such a WECS on nearby properties.
Have a minimum setback distance from the base of the monopole of one times the height from any property line, public right-of-way, electric substation, transmission line, or other WECS.
Number. One personal WECS shall be allowed on a single lot up to one acre in size, and one per each additional five acres.
Roof-mounted personal WECS.
Height. Total height of not more than 25 feet, measured from the top of the roof to the blade tip at its highest point of travel.
Placement. Roof-mounted WECS must be erected above the roof of a building or structure. The mounts associated with the WECS may extend onto the side of the building or structure.
Number. No more than three roof-mounted WECS shall be installed on any rooftop.
Commercial wind energy conversion systems (WECS). Commercial wind energy conversion systems (WECS) with a rated capacity of 100 kW or more shall be permitted as an accessory or principal special land use in districts as set forth in Article 3 to distribute generated energy on site or commercially through the power grid system subject to the following standards:
Ground-mounted commercial WECS.
Height. Commercial WECS shall have a total height, including tower and blade to its highest point of travel, of no more than 125 feet.
Placement.
Shall not be located between a principal structure and a public street, unless the Township determines that such a location would lessen the visibility of the commercial WECS or would lessen the negative impacts of such a WECS on nearby properties.
Minimum setback distance from the base of the monopole of one times the height from any property line, electric substation, transmission line, or other WECS. In addition, the setback distance must be increased by 25 feet from any property that is zoned or planned for residential.
Minimum setback distance from the base of the monopole of 1 1/2 times the height from any public right-of-way, occupied structure, or public use area.
Minimum setback distance from the base of the monopole of 600 feet from any property designated as a public park.
Number. One large WECS shall be allowed on a single lot of one to five acre(s). All other larger parcels will be limited to one large WECS per five acres of land area.
Roof-mounted commercial WECS.
Height. Total height of not more than 25 feet, measured from the top of the roof to the blade tip at its highest point of travel.
Placement. Roof-mounted WECS must be erected above the roof of a building or structure. The mounts associated with the WECS may extend onto the side of the building or structure.
Number. The maximum number of roof-mounted commercial WECS shall be approved through the special land use permit process.
Wind energy conversion system approval standards. In addition to all applicable district, site plan review, and special land use approval standards, the following approval standards shall apply to all WECS:
Safety. All WECS shall have an automatic braking, governing, or feathering system to prevent uncontrolled rotation or over speeding. All wind towers shall have lightning protection. If a tower is supported by guy wires, the wires shall be clearly visible to a height of at least six feet above the guy wire ground anchors. The site shall be designed to prevent unauthorized access to electrical and mechanical components and shall have access doors that are kept securely locked at all times when service personnel are not present. All spent lubricants and cooling fluids shall be properly and safely removed in a timely manner from the site of the wind energy system.
Visual impact. A WECS project shall use tubular towers with all components of the system finished in a single, nonreflective matte finish of similar design, size, operation, and appearance throughout the project. No lettering, company insignia, advertising, or graphics shall be on any part of the tower, hub, or blades. Nacelles may have lettering that exhibits the manufacturer's and/or owner's identification. The applicant shall avoid state or federal scenic areas and significant visual resources listed in local, state, or federal historic registers.
Environmental impact. The applicant shall have a third-party, qualified professional conduct an analysis to identify and assess any potential impacts on the natural environment including, but not limited to, wetlands and other fragile ecosystems, historical sites, and birds and wildlife. The applicant shall take appropriate measures to minimize, eliminate, or mitigate adverse impacts identified in the analysis. The applicant shall identify and evaluate the significance of any net effects or concerns that shall remain after mitigation efforts. The applicant shall comply with applicable parts of the Michigan Natural Resources and Environmental Protection Act (Michigan Public Act 451 of 1994, MCLA § 324.101 et seq.).
Noise. Have a maximum noise production rating of 50 dBA and shall conform to this standard under normal operating conditions as measured at any property line.
Electromagnetic interference.
No WECS shall be installed in any location where its proximity to existing fixed broadcast, retransmission, or reception antennas for radio, television, or wireless phone 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 shall restore reception to at least the level present before operation of the wind energy system.
No WECS shall be installed in any location within the line of sight of an existing microwave communications link where operation of the wind energy system is likely to produce electromagnetic interference in the link's operation, unless the interference is insignificant.
Shadow flicker. The applicant shall conduct an analysis on potential shadow flicker at occupied structures. The analysis shall identify the locations of shadow flicker that may be caused by the project and the expected durations of the flicker at these locations from sunrise to sunset over the course of a year. The analysis shall identify problem areas where shadow flicker may affect the occupants of the structures and describe measures that shall be taken to eliminate or mitigate the effects.
Lighting. No installed or accessory lighting is permitted unless required by federal or state regulations.
Intent to install. Prior to the installation or erection of a WECS, the operator must provide evidence showing their regular electrical service provider has been informed of the customer's intent to install an interconnected, customer-owned generator. Off-grid systems shall be exempt from this requirement.
Signs. A WECS operator is required to provide a single posting, not to exceed four square feet, at the base of a WECS prohibiting trespassing, warning of high voltage, and providing the emergency contact information for the operator.
Feeder lines. Any lines accompanying a WECS, other than those contained within the WECS tower or those attached to on-site structures by leads, shall be buried within the interior of the subject parcel, unless there are existing lines in the area which the lines accompanying a WECS can be attached.
Clearance. Rotor blades or airfoils must maintain at least 20 feet of clearance between their lowest point and the ground.
Blade design. The blade design and materials must be engineered to ensure that surrounding uses may be continued safely.
Construction codes, towers, and interconnection standards. Utility systems including towers shall comply with all applicable state construction and electrical codes and local building permit requirements, Federal Aviation Administration requirements, the Michigan Airport Zoning Act (Michigan Public Act 23 of 1950, MCLA § 259.431 et seq.), the Michigan Tall Structures Act (Michigan Public Act 259 of 1959, MCLA § 259.481 et seq.), applicable utility, Michigan Public Service Commission, and Federal Energy Regulatory Commission interconnection standards. The minimum FAA lighting standards shall not be exceeded. All tower lighting required by the FAA shall be shielded to the extent possible to reduce glare and visibility from the ground.
Abandonment.
Any personal or commercial SECS or WECS that is allowed to remain in a nonfunctional or inoperative state for a period of 12 consecutive months, and which is not brought in operation within the time specified by the Township, shall be presumed abandoned and may be declared a public nuisance subject to removal at the expense of the operator.
Any commercial SECS or WECS shall submit with their special land use application a decommissioning and final reclamation plan after the anticipated useful life or abandonment/termination of the project. This includes supplying evidence of an agreement with the underlying property owner that ensures proper removal of all equipment and restoration of the site within six months of decommissioning or abandonment of the project. To ensure proper removal of the project upon abandonment/termination, a bond, letter of credit, or cash surety shall be:
In an amount approved by the Township Board to be no less than the estimated cost of removal and may include a provision for inflationary cost adjustments;
Based on an estimate prepared by the engineer for the applicant, subject to approval of the Township Board;
Provided to the Township prior to the issuance of a zoning permit;
Used in the event the owner of the project or the underlying property owner fails to remove or repair any defective, abandoned, or terminated project. The Township, in addition to any other remedy under this chapter, may pursue legal action to abate the violation by seeking to remove the project and recover any and all costs, including attorney fees.
§ 455-5.32 Sexually oriented businesses.
Intent and purpose. It is the intent of this section to regulate the location and operation of sexually oriented businesses within the Township, and to minimize their negative secondary effects, but not to exclude these businesses. It is recognized that sexually oriented businesses, because of their very nature, have serious objectionable characteristics which cause negative secondary effects on nearby residential, educational, religious, and other public and private uses. The regulation of sexually oriented businesses is necessary to ensure that these negative effects will not contribute to the blighting and downgrading of surrounding areas and will not negatively impact the health, safety, and general welfare of Township residents. The provisions of this chapter are not intended to offend the guarantees of the First Amendment to the United States Constitution or to deny adults access to sexually oriented businesses and their products, or to deny sexually oriented businesses access to their intended market. Neither is it the intent of this section to legitimize activities which are prohibited by Township ordinances or state or federal law. If any portion of this chapter relating to the regulation of sexually oriented businesses or referenced in those sections is found to be invalid or unconstitutional by a court of competent jurisdiction, the Township intends said portion to be disregarded, reduced, and/or revised to be recognized to the fullest extent possible by law. The Township further states that it would have passed and adopted what remains of any portion of this chapter relating to regulation of sexually oriented businesses following the removal, reduction, or revision of any portion so found to be invalid or unconstitutional.
General standards.
No sexually oriented business shall be greater than 5,000 square feet.
No sexually oriented business shall be established on a parcel within 500 feet of any residence, public or private school, church, public park, or state-licensed child-care facility.
For the purpose of this section, measurements shall be made in a straight line in all directions without regard to intervening structures or objects, from the closest part of any structure, including signs and roof overhangs, used in conjunction with the sexually oriented business to the closest point on a property boundary or right-of-way associated with any of the land use(s) or zoning district identified in Subsection B(2) above.
No sexually oriented business shall be permitted in a location in which any principal or accessory structure, including signs, is within 1,000 feet of any principal or accessory structure of another sexually oriented business.
The proposed use shall conform to all specific density and setback regulations of the zoning district in which it is located.
The proposed use must meet all applicable written and duly promulgated standards of New Buffalo Township and other governments or governmental agencies having jurisdiction, and that to the extent required, the approval of these governments and/or governmental agencies has been obtained or is reasonably assured.
The outdoor storage of garbage and refuse shall be contained, screened from view, and located so as not to be visible from neighboring properties or adjacent roadways.
Any sign or signs proposed for the sexually oriented business must comply with the provisions of this chapter, and shall not otherwise include photographs, silhouettes, drawings, or pictorial representations of any type, or include animated or flashing illumination.
Entrances to the proposed sexually oriented business must be posted on both the exterior and interior walls in a location clearly visible to those entering and exiting the business, and using lettering no less than two inches in height that state:
No product or service for sale or gift, or any picture or other representation of any product or service or gift, shall be displayed to be visible from the nearest adjoining sidewalk, street, or a neighboring property.
Hours of operation shall be limited to 12:00 noon to 12:00 midnight.
Any booth, room, or cubicle available in any sexually oriented business, excepting an adult motel, used by patrons for the viewing of any entertainment characterized by the showing of specified anatomical areas or specified sexual activities:
Shall be handicap accessible to the extent required by the Americans With Disabilities Act.
Shall be unobstructed by any door, lock, or other entrance and exit control device.
Has at least one side totally open to a public, lighted aisle so that there is an unobstructed view at all times from the adjoining aisle of any occupant.
Is illuminated such that a person of normal visual acuity looking into the booth, room, or cubicle from its entrance adjoining the public lighted aisle can clearly determine the number of people within.
Has no holes or openings in any interior or exterior walls not relating to utility, ventilation, or temperature control services or otherwise required by any governmental building code or authority.
§ 455-5.33 Shooting range.
Sound control and other systems shall be provided which will protect the users and employees of the range as well as neighboring properties.
In no case shall there be the disposal of rubbish, litter, or other by-products of the range in such a manner as to be obnoxious, offensive, or in conflict with the general public health, safety, and welfare.
In all cases, the range shall use best management practices in dealing with lead, lead dust, and other lead by-products of a shooting range.
The building materials and architectural systems used in the shooting range shall be designed and constructed in a manner which will prevent projectiles from penetrating the walls or ceilings and contain all projectiles.
An indoor range may include a commercial operation area for the sale of guns or ammunition and ancillary equipment, provided this area is ancillary to the primary use as an indoor shooting range.
Copies of all federal, state, county or local permits or licenses must be submitted to the Township.
§ 455-5.34 Utility and public service buildings.
Any such buildings shall be generally compatible with the surrounding neighborhood with respect to materials and color.
Any such building shall comply with the lot area and yard setback requirements of the district in which it is located.
There shall be no outdoor storage except in commercial or industrial districts. Where permitted, such outdoor storage shall consist of one of the following:
Vegetative screen. Evergreen trees planted no more than 15 feet apart and can be reasonably expected to achieve a complete visual barrier at a minimum height of six feet in three years. Deciduous trees may be incorporated for plant diversity provided the effectiveness of the screen is achieved.
Obscuring walls or fences. Obscuring walls or fences shall be a constructed of durable materials and placed inside and along the property lines and shall otherwise comply with § 455-1.6. The Planning Commission has the authority to require specific materials based on the site conditions and the nature of the use. Walls and fences shall include one vine or shrub for every 10 lineal feet, planted on the exterior face of the structure.