The size, character and nature of the residential building and accessory buildings to be erected and constructed on the lot:

The effect of the proposed use on adjoining properties and the surrounding neighborhood;

The effect of the proposed use on light and air circulation of adjoining properties;

The effect of any increased density of the intended use on the surrounding neighborhood; and

All off-street parking requirements are met.

The size, character and nature of the commercial building and accessory buildings to be constructed on the lot;

The effect of the proposed use on adjoining properties and the surrounding neighborhood;

The effect of the increased density of the intended use on the surrounding neighborhood; and

Available parking for the intended use.

Subject to Subsection (d)(4) below, if two or more lots, or combination of lots or portions of lots, located adjacent to each other are at any time held in common ownership, and if all or part of such lots do not satisfy the minimum requirements for a buildable lot in the zoning district in which they are located, then all of such lots shall automatically be considered to be combined into one conforming lot, or one lot that is more nearly conforming than the individual lots.

Each individual lot which has been combined under Subsection (d)(1) shall cease to be considered a separate lot of record and shall no longer be considered to be a buildable lot.

Lots combined under Subsection (d)(1) shall not thereafter be split, redivided, or otherwise reduced in area unless all of the resulting lots comply with the minimum lot area requirement for a buildable lot in the district in which the land is located.

The Planning Commission may allow contiguous lots of record under the same ownership to be merged into a lot less than the minimum requirement of the zoning district in which it is located, but equal to or similar to existing lots in the surrounding neighborhood, as a special use. In considering this authorization, the Planning Commission shall consider the following standards, in addition to Subsection (b) of this section:

The following projections are exempt from setback requirements:

Any building or structure built to a legally established building setback line before July 1, 2016, shall be considered as meeting the required setback from the adjacent lot line existing at that time. Additions or enlargements along or within existing setbacks shall only be allowed if approved by the Zoning Board of Appeals as a matter for Zoning Board of Appeals decision pursuant to Section 603 of the Zoning Act (MCL § 125.3603). In granting such authorization, the following standards shall be considered by the Zoning Board of Appeals:

The following buildings and structures shall be exempt from height regulations in all zoning districts: parapet walls not exceeding four feet in height, chimneys, cooling towers, elevator bulkheads, fire towers, grain elevators, silos, stacks, elevated water towers, stage towers, monuments, cupolas whose length and width, or diameter, are each less than five feet, domes, spires, penthouses housing necessary mechanical appurtenances, and television and radio reception and transmission antennas and towers which do not exceed 50 feet in height. Additions to existing buildings and structures which now exceed the height limitations of their zoning district up to the height of an existing building or structure on the same lot are permitted if the lot is large enough to encompass a circular area with a radius at least equal to the height of the structure or building. The height of any cupola that has a length, width, or diameter greater than five feet must be approved by the Zoning Board of Appeals as a matter for Zoning Board of Appeals decision pursuant to Section 603 of the Zoning Act (MCL § 125.3603). In granting such authorization, the following standards shall be considered by the Zoning Board of Appeals:

Notwithstanding the first sentence of this Subsection (f), all towers and antennas regulated by Article V of this chapter, pertaining to wireless communications towers and antennas, shall be subject to all height limitations contained in that article.

The intended use of the lot;

Ingress and egress to the lot and the proposed buildings or structures to be located thereon;

Potential traffic congestion;

The nature and character of buildings and structures or properties in the surrounding neighborhood;

Effect of the intended use on light and air circulation for properties which are both adjoining and in the surrounding neighborhood; and

Effect of any increased density of the intended use on the surrounding neighborhood.

Size, proposed location, type and kind of construction and general architectural character of the shelter;

Unanimity of surrounding neighborhood participation in the shelter; and

The effect of the shelter on the surrounding neighborhood.

Electrical substations and/or gas regulator stations shall be enclosed with a fence or wall six feet high and adequate to obstruct passage of persons or materials.

Public utility facilities in any zoning district are required to be constructed and maintained in a neat and orderly manner. Any building that is constructed shall be landscaped and shall conform with the general character of the architecture of the surrounding neighborhood.

The land area where such animals are to be housed;

The location of adjacent property;

Whether or not noise or odors are likely to adversely affect the use of adjoining properties or the surrounding neighborhood;

For properties less than one acre in area, the slaughter of animals shall be prohibited; and

Poultry and fowl shall be permitted as follows:

The grazing area upon which the horses are kept shall be a minimum of one acre in area. For purposes of this section, "grazing area" shall mean the fenced open pasture land used for grazing by the horses and the accessory building required in Subsection (e)(2) of this section immediately below, and shall specifically exclude the portion of the lot occupied by the principal building and its accessory structures and/or buildings as well as all required front, side, and rear yards.

An accessory building shall be erected in compliance with all requirements and restrictions of Section 38-491 to be used as a shelter for the horses.

The accessory building and the grazing area upon which the horses are kept must be entirely fenced. All gates in the fence should be kept locked. The fencing must comply with Section 38-498 and be adequate in height, strength, and general design to prevent a horse from escaping from the grazing area.

The number of horses permitted shall be limited to the ratio of one large horse per full acre, or two miniature horses per full acre, as shown in the following table. For purposes of this section, a large horse shall be any horse whose size is greater than 38 inches in height (including a foal of a large mare, regardless of the size of the foal), and a miniature horse shall be any horse (except for the foal of a large mare) whose size is less than or equal to 38 inches in height.

Attached garages are permitted in any zone district. A garage shall be considered an attached garage when it is connected to the principal building with a roof structure.

An attached garage shall meet the setback and yard requirements for a principal building of the zone district in which it is located.

The footprint of an attached garage must not exceed 75% of the footprint of the usable floor area of the dwelling unit to which it is attached.

General requirements.

Location and height limitations.

Ground-level decks must be set back a minimum of five feet from any lot line.

First-floor decks.

Elevated decks.

Any deck that is covered by a roof or trellis, or enclosed by a barrier, wall, or screen, shall meet the minimum setback requirements of the principal building or accessory building to which it is attached, except as provided in Section 38-483, Subsection (e)(1)c.

Shipping containers, including semi-trailers.

Inoperable vehicles.

Boats or other watercraft.

Recreational vehicles, motor homes, buses, or travel trailers.

The location of buildings on adjoining properties;

The effect of construction on the lot in question on the view from adjoining properties;

The potential effect of erosion and flooding from high water on the lot in question;

The effect, if any, of the proposed building and any related improvements on existing seawall or other flood control or erosion devices located on adjoining properties;

The relative proximity of the proposed building to adjoining properties, specifically including proximity to occupied dwellings; and

The effect of the proposed building on adjoining properties and the surrounding neighborhood.

No fence, hedge, or other landscaping shall be erected, constructed, located or maintained in any zoning district which constitutes a traffic hazard because of obstruction of visibility or any other reason.

No fence shall contain barbed wire unless the fence is used as a part of a farming operation.

A fence used in connection with the keeping of horses shall be constructed or erected as a split-rail fence, a three-board fence, or an electric-wire fence.

Every electric-wire fence, whether or not used in connection with the keeping of horses, shall be labeled as an electric fence at intervals of not less than once every 100 feet.

The effect upon the adjoining properties;

Whether it will affect the light and air circulation of any adjoining properties;

Whether it will adversely affect the view from any adjoining property;

The reason for the request to construct the fence higher than permitted by this chapter;

The size, type and kind of construction, proposed location and general character of the fence; and

The size of other fences on properties that are adjoining and in the surrounding neighborhood.

The type and kind of construction of the existing structure or building in relation to its strength and whether or not said structure or building might be a fire hazard;

The type and kind of buildings and structures adjoining and in the neighborhood surrounding the lot to which the structure or building is to be moved and whether or not the type and age of the building or structure to be moved is in keeping with the type and age of such buildings and structures which are adjoining and in the surrounding neighborhood; and

The type and kind of materials used in the construction of the structure or building desired to be moved as such construction materials relate and compare to the type and kind of materials used in the construction of other buildings and structures adjoining and in the neighborhood surrounding the lot to which the building or structure is to be moved.

The name of the person who will be the owner of the pond. If the owner of the pond will be someone other than a natural person, the application shall indicate the name of the president/chief executive officer of the firm, association, partnership, joint venture, corporation, limited liability company, or other equivalent entity that will be the owner of the pond. If the owner of the pond will be a trust or an estate, the application shall indicate the name of the trustee or personal representative.

The location of the proposed pond or the existing pond that is to be deepened, expanded, reconstructed, or widened.

A statement of purpose or use of the pond.

The safety precautions to be taken to protect those persons making use of the pond or who might be in danger thereby. These safety precautions shall address not only those persons who are anticipated to utilize the pond and its adjoining lands but also any third parties who may elect to utilize the pond and its adjoining lands without authorization from the owner.

A survey map shall contain the following:

Drawings of the pond prepared by an engineer licensed by the state showing or otherwise stating the following information:

A soil borings report showing soil borings on the proposed site of the pond. There shall be a minimum of one soil boring for each full pond acre for the first five acres of pond coverage and, thereafter, one additional soil boring for each additional five acres or fraction thereof of pond coverage, i.e., six borings for a pond with coverage of more than five acres but no more than 10 acres, seven borings for a pond with coverage of more than 10 acres but no more than 15 acres, etc. All soil borings shall be reasonably distributed so as to give comprehensive coverage of the proposed pond area and shall be at least to the anticipated depth of the pond in the vicinity where the soil boring is taken. A geotechnical engineer licensed by the state shall prepare the soil borings report.

A statement concerning the hours of operation relating to the construction of the pond and the duration of the pond construction project.

Drawings showing the low-water clearance level over stumps and other materials constituting an underwater hazard.

Such additional information as the Zoning Administrator or the Planning Commission may request in order to evaluate the application.

An application for pond approval for a pond that is less than 1 1/2 acres in size, covers less than 25% of the area of the lot on which it is to be located, and is the only pond on the lot shall be considered and decided by the Zoning Administrator. In considering the approval of such a pond, the Zoning Administrator may, in his discretion, waive any of the application requirements contained in Subsection (b)(6) and/or (b)(7) of this section. The Zoning Administrator may, in his discretion, decline to make a decision on a pond approval application and refer the decision thereon to the Planning Commission. No pond shall be approved pursuant to this subsection unless the pond meets all of the restrictions and requirements contained in Subsection (d) of this section.

An application for pond approval for a pond that is not subject to Zoning Administrator consideration and approval pursuant to Subsection (c)(1) of this section shall be heard and decided by the Planning Commission as a special use. No pond shall be approved pursuant to this subsection unless the pond meets all of the restrictions and requirements contained in Subsection (d) of this section.

Landscaping and visual enhancement of the parcel: all zoning districts.

Recreation, swimming and boating: AG, R-1, R-2, R-3, R-4, R-5 and C-2 Zoning Districts only as an accessory use to a permitted principal use of the parcel.

Livestock watering and fish production for commercial purpose: AG Zoning District only.

Wildlife habitat, not used for any commercial purposes: all zoning districts.

Source of water for irrigation, spraying or fire suppression: AG Zoning District and for a planned unit development if included as an approved accessory use in the planned unit development.

Stormwater retention, detention, or drainage: all zoning districts.

Whether all other permits or approvals from other governmental units or agencies have been obtained; for example, approval of the Ottawa County Drain Commissioner for any ponds that would come under the jurisdiction of that office and any approval/permit that may be under Part 301 of the Natural Resources and Environmental Protection Act (MCL § 324.30101 et seq.).

The location of the pond on the parcel and its proximity to adjoining parcels.

The potential for the pond to become a safety hazard for adjoining property or the public.

The number of other ponds on the parcel or in the vicinity of the parcel.

The character, nature and size of the pond and its effect on the parcel, including the effect on other appropriate uses of the parcel.

The potential for the pond to result in stagnant water or insect breeding so as to become a nuisance.

The effect of the pond on adjacent properties, on wells and the water table in the vicinity and on the health, safety and welfare of the public.

Require financial assurance for the completion of the pond project within the time set in the issued building permit. The financial assurance shall be in the form of cash or a letter of credit acceptable to the Planning Commission and which shall permit the Township to access such funds to enable the Township to remedy a violation of the authorization and the issued building permit. The Planning Commission shall determine the amount of such bond or letter of credit at the time of authorization.

Require proof of liability insurance in amounts acceptable to the Planning Commission, which shall be in place at the time the building permit is issued and shall be maintained until the pond construction project is completed.

Require that the pond be enclosed with a wall, fence, or other type of enclosure. Such wall, fence, or other type of enclosure shall not be less than four feet above the grade line. The wall, fence, or other type of enclosure shall be designed so there are no openings of such a nature or size as to permit any child to pass through or under the fence, wall, or other type of enclosure except as a gate or door, and shall be of a type not readily climbable by children. All gates or doors leading to a pond, except a door in any building forming a part of the enclosure, shall be kept closed when no one is present on the lot on which the pond is located, and such gates and doors shall be fitted with a positive latching device which will automatically latch them when said gate or door is in a closed position.

Require the construction, installation, operation, maintenance, and repair of bubblers, aeration equipment, fountains, or similar devices intended to maintain and enhance the pond water quality.

Impose such other conditions or require such modifications in the plans for the pond as are determined reasonable and necessary for the protection of the health, safety and welfare of the general public.

By applying for approval of the pond, the applicant shall be deemed to have consented to and agreed to all of the following:

The provisions of this subsection shall be included as part of the application for a pond, and the applicant shall be required, as a condition of making an application for a pond, to accept and agree to all of the provisions of this subsection.

The name and address of the applicant. If the applicant is not an individual, the name and title of a contact person for the applicant shall be provided.

If the applicant is not the owner of the parcel, the name and address of the holder of record title and the nature of the applicant's interest in the parcel shall be stated.

A survey and legal description of the parcel for which the earth change permit is sought.

A statement together with a map that details the specific nature and extent of the proposed earth change activity, including the following:

Information regarding approvals and/or permits required under any other federal, state or local government or agency.

Information regarding financial assurance (in the form of a bond or letter of credit) to be provided to the Township to ensure compliance with the permit.

In making its decision, the Planning Commission shall consider the following standards:

The Planning Commission may approve, approve with appropriate conditions, or deny the application for an earth change permit and shall state the findings and conclusions for its decision. The Planning Commission shall have the right subsequently to impose additional conditions of approval or to amend any conditions of approval if reasonably necessary to achieve the purposes of the zoning chapter and/or address any change in circumstances or problems; provided that, such action shall not be taken without notice to the applicant and a hearing pursuant to Section 38-36.

If the Planning Commission approves, with or without conditions, the issuance of the earth change permit, it shall also establish the appropriate amount and type of financial assurance to be provided by the applicant to ensure compliance with the permit and to make funds available to the Township to correct any noncompliance.

The applicant must request and obtain the permit within six months from the date of approval by the Planning Commission; otherwise the approval is null and void and reapplication is required.

At the time the permit is requested, the applicant shall provide the required financial assurance.

At the time the permit is requested, the applicant shall provide proof of adequate comprehensive general liability insurance, and such insurance shall be maintained during the earth change activities.

The permit shall allow only those earth change activities specified in the terms and provisions of the application, as modified and/or supplemented by any conditions of approval made by the Planning Commission, which terms, provisions and conditions shall be deemed included in the permit without further recitation.

The permit issued shall not be transferable or assignable by the applicant, unless an application to approve such transfer or assignment is made and the Planning Commission, after a hearing, approves the transfer or assignment, which approval may be with appropriate conditions. The permit, including all terms, provisions and conditions, shall be binding upon the applicant, parties having an interest in the parcel and any successors or assigns.

The permit shall be issued for the duration of the earth change activities as approved in the decision of the Planning Commission; provided, however, that no permit shall be issued for a period exceeding three years. Prior to expiration of the initial permit period, the applicant may request the Planning Commission, in its discretion, to grant an extension of the permit not to exceed one year. Such request will be subject to the laws, ordinances, rules and regulations then in effect and, there is no assurance or commitment for approval of such request under the laws and circumstances that may exist.

The following earth change activities do not require a permit, but are subject to the provisions of Subsection (e)(2) of this section:

Exempted earth changes shall comply with the following standards:

A home occupation shall be permitted only as an accessory use to a residential dwelling in the AG, R-1, R-2, R-3, R-4 and R-5 Zoning Districts.

A home occupation shall not alter the residential character of the dwelling in which it is operated, the character of the property on which the dwelling is erected, nor the character of the neighborhood in which the property is located.

No signage for the home occupation, or other structures of any kind related to the conduct of the home occupation shall be permitted on the property except as otherwise may be specifically authorized by this chapter.

A home occupation shall not include any type of motor vehicle or automobile repair, including, but not limited to, any type of bodywork or engine repair.

The home occupation shall be conducted entirely within the dwelling by occupants of the residence and not more than one other person at any given time. No outdoor storage of any equipment, merchandise, articles for sale, or any other materials related to the home occupation shall be permitted for the home occupation.

Home occupations shall include the instruction in a craft or fine art, or in-home adult foster care or family or group day-care providers, as provided by the Michigan Zoning Enabling Act, Act 110 of 2006,[1] as amended. Excluding in-home adult foster care or family or group day-care occupations provided by the Michigan Zoning Enabling Act, no more than three customers shall be permitted at the same time on the premises to conduct business as part of a home occupation between the hours of 7:00 a.m. and 6:00 p.m. Further, excluding in-home adult foster care or family or group day-care occupations provided by the Michigan Zoning Enabling Act, no customers shall be permitted between the hours of 6:00 p.m. and 7:00 a.m. The home occupation shall not allow commercial parking on the property and shall not result in having regular deliveries by trucks larger than step side vans come to the property for the purpose of making a pick up or delivery to the property.

No merchandise or articles for sale shall be displayed outside of the dwelling for the home occupation.

The nature of the home occupation;

The nature of the surrounding neighborhood;

The effect of the home occupation on the surrounding neighborhood;

The environmental effects of the home occupation;

Whether customers conduct business on the premises;

Potential traffic congestion as a result of the home occupation; and

Provision for parking for traffic or clientele that may result from the operation of the home occupation (for those home occupations where customers or clientele are permitted on the premises).

New and certified by the manufacturer and/or appropriate inspection agency as meeting the manufactured home construction and safety standards of the Manufactured Housing Commission, as amended, or any similar successor or replacement standards which may be promulgated; or

Used and certified by the manufacturer and/or appropriate inspection agency as meeting the standards referenced in Subsection (1)a of this section and found, on inspection by the Zoning Administrator or his designee, to be in excellent condition and safe and fit for residential occupancy.

The lot or premises on which the antenna is located is sufficiently sized to accommodate the antenna(s);

The area and/or height of the antenna(s) will be consistent with other similar structures in the area;

The proposed location of the antenna(s) in relation to the adjoining properties shall not cause interference with uses being conducted on those properties;

The antenna will not adversely affect the view of any adjoining properties;

A declaration of need being issued by a qualified installer certifying that a signal of reasonable quality cannot be obtained unless more than one satellite dish or a satellite dish larger than one meter in diameter is placed on the site; and

Proposed screening shall be provided to conceal the antenna from adjoining properties.

A private road shall be located within a deeded private road easement. The area in which the private road is to be located shall have a minimum cleared width of 28 feet, or 30 feet if the traveled road width must be 26 feet, which shall always be maintained.

A private road shall be connected to and extend from a public street right-of-way either directly or via other private roads.

A private road shall be given a name that is different from any other private road or public street within the county. Written approval for the name shall be obtained from the Ottawa County Road Commission.

A street sign bearing the approved name of the private road shall be erected and maintained by the owner of the proposed private road at each location where a private road connects to and extends from a public street or another private road. Street signs and traffic control signs where the private road meets a public street shall comply with and be installed in accordance with Ottawa County Road Commission standards and specifications. This provision shall also apply to existing private roads, where such a street sign shall be erected by the current owner of the private road on or before December 31, 1999. Private roads serving two or more dwellings shall have a standard stop sign where the private road abuts the public road.

An existing private road constructed prior to September 1, 1999, and any private road constructed on or after that date may be reconstructed, extended, maintained, improved or relocated only in accordance with the standards and requirements of this article.

Private roads are permitted only as a part of an approved planned unit development (see Article III, Division 8, of this chapter) in any zoning district, or as a special use [see § 38-512(c)] in the AG Agricultural District, the R-1 Rural Estate Residence District, the R-2 Lakeshore Residence District, and the R-3 Low Density Single-Family Residence District. However, under no circumstances shall a private road be permitted in a subdivision established under the Land Division Act (MCL § 560.101 et seq.), in a single-family site condominium, or in a two-family site condominium, regardless of the zoning district within which such subdivision or site condominium is located, unless it is located in an approved planned unit development. Where a private road is permitted in a subdivision or a single-family or two-family site condominium because it is located in an approved planned unit development, the private road shall, in any event, have a minimum width of bituminous hard surface of at least 22 feet and shall be paved as is provided in Subsection (b)(2) of this section. In addition, in the case of a private road that is accessible by more than six building sites, the Planning Commission and the Township Board, in recommending and acting upon the proposed planned unit development, shall consider whether a wider paved surface should be provided. If it is determined that a wider paved surface should be provided, this shall be included as a condition of the approval of the planned unit development. Except as is otherwise specifically provided in this subsection, a private road located in an approved planned unit development shall not be subject to any of the requirements of this section specifically including, but without limitation, the construction specifications contained in Subsection (b) of this section. However, the immediately preceding sentence shall not be construed to prevent the inclusion in the conditions that govern an approved planned unit development of any or all of the requirements of this section.

The owner of a proposed private road shall provide to the Zoning Administrator a proposed maintenance and access agreement in recordable form that provides for the necessary maintenance, repair, improvement and reconstruction of the private road. At a minimum, this agreement shall contain the following provisions:

In determining the compliance of a lot with all area and yard requirements, land area located within the easement for a private road shall not be considered.

The length of a dead-end private road shall not exceed 850 feet. Unless it is approved as part of a planned unit development, a private road shall not provide access to more than six lots. A lot that is located on the corner of a street and a private road shall not be considered to have access from the private road if the lot has a principal building which has existing driveway access to the street. A lot that is located on the corner of a street and a private road that does not have an existing principal building which has an existing driveway access to the street shall be counted as one of the six lots and shall have vehicle access from the private road only and shall be prohibited from having vehicle access from the street.

As a condition of its approval as a special use of a private road that terminates at a dead end, the Planning Commission may require that the private road and its easement be configured so as to facilitate connection of the private road with another private road or a street in order to provide the potential for a second ingress/egress route. This may include requiring that the private road easement be extended to the property boundary line even though this extension is not necessary to provide access to a lot or lots. This provision permitting the Planning Commission to impose a condition requiring that the private road and its easement be configured so as to facilitate a second ingress/egress route for a dead-end private road is included in this article based on a legislative finding of the Township Board that it is in the interest of public safety for fire, ambulances, and police vehicles to have two ingress/egress routes to access a lot.

Table.

Where a private road terminates in a dead-end, a cul-de-sac with a minimum cleared turnaround radius of 60 feet shall be provided. The cul-de-sac shall be constructed as follows:

The bituminous hard surface layers may be applied at separate times, but two layers shall be applied not more than six months apart. The minimum width of the bituminous hard surface shall be at least 22 feet. The private road shall be a crowned road; there shall be no valley gutters included within the 22 feet of road surface. Valley gutters may be located outside the 22 feet of road surface.

A lot that is located on the corner of a street and a private road shall not be considered to have access from the private road if that lot has a principal building which has existing driveway access to the street. A lot that is located on the corner of a street and a private road that does not have an existing principal building that has existing driveway access to the street shall be considered as a lot that is accessed from the private road.

After a review and written approval is obtained from the Ottawa County Drain Commissioner, a private road shall be constructed in a manner to provide effective stormwater drainage and to prevent runoff onto adjacent property. If a private road crosses a natural drainage course or easement, stream or other natural body of water, a bridge, culvert or other structure permitting the flow of water under the private road shall be constructed in accordance with applicable Ottawa County Road Commission and State Department of Transportation requirements.

A private road shall not exceed a grade of 10%, provided that, within 50 feet of any private road or public street intersection, the grade shall not exceed 4%.

A driveway permit for the private road shall be obtained from the Ottawa County Road Commission.

Permit application and fee.

Review of application. The application for special use authorization for a private road shall be reviewed and acted upon by the Planning Commission in accordance with the procedures specified in § 38-36 for special use permits. All private roads shall meet the general requirements and construction specifications required in this § 38-512 in order to receive approval by the Planning Commission. In considering such authorization, the Planning Commission shall consider the following standards:

A letter from a state-licensed professional engineer stating and certifying that the private road has been constructed in all respects in compliance with the approved private road plans and the requirements of this article; provided, however, that if application of the second bituminous hard surface layer is being deferred as is authorized by Subsection (e) of this section, then the application of that second layer can be excepted from the scope of the engineer's letter; and

Documentation that the maintenance and access agreement referred to in Subsection (a)(7) of this section and all easements have been recorded in the office of the Ottawa County Register of Deeds.

The construction, installation, or modification of an anemometer tower shall require a building permit and shall conform to all applicable local, state, and federal safety, construction, environmental, electrical, communications, and FAA requirements.

An anemometer shall be subject to the minimum requirements for height, setback, separation, location, safety requirements, and decommissioning that apply to the proposed wind turbine on the property.

An anemometer that does not meet the requirements of Subsection (c) or (d) shall be permitted for no more than 13 months.

The lowest extension of any blade or other exposed moving component of a wind turbine shall be at least 15 feet above the ground or any walking surface such as a deck or balcony.

No wind turbine shall be located in or over a body of water.

All wind turbines, including their components, connections and placement, must conform to: the design standards of the IEC 61400-SER {Ed.1.0}, FAA requirements, the Michigan Airport Zoning Act (Public Act 23 of 1950, MCL § 259.431 et seq.), the Michigan Tall Structures Act (Public Act 259 of 1959, MCL § 259.481 et seq.), the Michigan Public Service Commission and the Federal Energy Regulatory Commission standards.

The owner(s) and/or operator(s) of a wind turbine shall complete decommissioning within 24 months after the end of its useful life. All decommissioning expenses are the responsibility of the owner(s) and/or operator(s).

Wind turbines shall not interfere with communication systems, such as, but not limited to, radio, telephone, television, satellite, or emergency communication systems.

No commercial advertising or displayed messages shall be allowed on a wind turbine.

Wind turbines shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

The total height of the wind turbine may not exceed 50 feet, measured from the immediate adjacent grade.

Wind turbines shall meet all the yard requirements applicable to the zoning district and Section 38-494(a).

Wind turbines must not create a nuisance for adjoining properties, such as noise, vibration and shadow flicker.

The diameter of the blades must not exceed 10 feet.

No more than two wind turbines may be located on a property.

Wind turbines may only be installed as an accessory to an approved use in the applicable zoning district.

An application for a building permit showing that all applicable ordinances, codes and other restrictions are met and specific engineering pertaining to support and/or foundation for the wind turbine must be submitted and approved prior to the installation of a wind turbine.

If a wind turbine(s) is (are) not permitted under Subsection (d) of this section, then a special use permit shall be required from the Planning Commission for the construction of a wind turbine(s) in any zoning district.

Applicants for a special use permit for a wind turbine shall submit the following information, in addition to any other information required by this section:

In addition to any other standards specified in this section, the Planning Commission shall also consider the following factors in determining whether to issue a special use permit for a wind turbine(s):

Initial information. Concurrently with notice required to be given to the Township pursuant to Section 71 of the Condominium Act (MCL § 559.171), a person intending to develop a condominium project shall provide the following information with respect to the project:

Information to be kept current. All information required by this Section 38-515 shall be furnished to the Zoning Administrator and shall be kept current and updated until such time as a certificate of compliance pursuant to Section 38-35 has been issued.

Site plans - new projects, master deed, and engineering and inspections. Prior to recording the master deed as required by Section 72 of the Condominium Act (MCL § 559.108), the condominium project shall undergo site plan review and approval pursuant to Article II, Division 3, of this chapter by the Planning Commission, unless the condominium project is proposed as a planned unit development, in which case the review and approval of the planned unit development condominium project shall be subject to Article III, Division 8, of this chapter. The Township Board may approve a condominium project in any location within Park Township, provided the condominium project meets the provisions of Section 38-515. In addition, the Township shall require appropriate engineering plans and inspections prior to the issuance of any certificates of compliance.

Site plans - expandable or convertible projects. Prior to expansion or conversion of a condominium project to additional land, the new phase of the condominium project shall be subject to site plan review and approval pursuant to Article II, Division 3, of this chapter by the Planning Commission. The Township Board may approve an expansion or conversion, provided the condominium project meets the provisions of Section 38-515.

Master deed, restrictive convenants and as-built survey to be furnished. The developer shall furnish the Zoning Administrator with the following:

Compliance with federal, state and local law. All condominium projects shall comply with federal and state statutes and local ordinances.

State and county approval. The developer shall establish that appropriate state and county approvals have been received with regard to the fresh water system for the proposed condominium project and with regard to the wastewater disposal system for the proposed condominium project.

Easements for utilities. The condominium subdivision plan shall include all necessary easements granted to Park Township, or Ottawa County if appropriate, for the purposes of constructing, operating, inspecting, maintaining, repairing, altering, replacing, and/or removing pipelines, mains, conduits and other installations of a similar character (hereinafter collectively called "public structures") for the purpose of providing public utilities, including conveyance of sewage, water and stormwater runoff across, through and under the property subject to said easement, and excavating and refilling ditches and trenches necessary for the location of the public structures.

Condominium plan - required content. All condominium subdivision plans shall include the information required by Section 66 of the Condominium Act and the following:

Relocation of boundaries. The relocation of boundaries, as described in Section 48 of the Condominium Act, shall conform to all setback requirements of this chapter for the district in which the condominium project is located and shall be subject to the review and approval of the Zoning Administrator. These requirements shall be made part of the bylaws and recorded as part of the master deed.

Subdivision of condominium units. All subdivisions of individual condominium units shall conform to the requirements of this chapter for minimum lot width, lot area, and building setback requirements and shall be subject to the review and approval of the Zoning Administrator. These requirements shall be made part of the bylaws and recorded as part of the master deed.

Manufactured housing condominium project. Manufactured housing condominium projects shall conform to all requirements of this chapter and shall be located only in a planned unit development.

Site condominium projects. All condominium projects that consist in whole or in part of condominium units which are building sites, mobile home sites, or recreational sites shall provide in the condominium plan a building envelope which complies with the setback, area and width requirements of the applicable zoning district and shall be subject to the review and approval of the Zoning Administrator.

Single-family detached condominiums. Single-family detached condominium units shall be subject to all requirements and standards of the applicable residential district regulations, including minimum floor area requirements. There shall be maintained a minimum distance of 80 feet from the center of one residential dwelling unit to the center of another residential dwelling unit. This eighty-foot requirement shall be computed along the front building line. In addition, building envelopes shall be depicted on the site plan to ensure that the minimum area requirements can be met.

Streets and roads and sidewalks.

Paved public streets.

Public water and sanitary sewer. Public water and sanitary sewer service shall be provided to all condominium projects according to the requirements of Chapter 18, Land Divisions and Subdivisions, as amended.

Streetlights and street trees. The developer shall install streetlights and street trees according to the requirements of Chapter 18, Land Divisions and Subdivisions, as amended.

Public hearing. Prior to making a recommendation to the Township Board, the Planning Commission shall hold a public hearing on the condominium plan. Public notice shall be provided as required by the Michigan Zoning Enabling Act, Public Act 110 of 2006, as amended.

The natural beauty and rural character of the Township are increased.

Tree-lined streets are an asset to the historic resort character of the community, particularly along, but not necessarily limited to, Lakeshore Drive.

Mature trees create a spectacular canopy along roadways and create shade, particularly along, but not necessarily limited to, North Lakeshore Drive.

New development should preserve tree stands.

The restoration of a street tree canopy is important along street right-of-way corridors, particularly along, but not necessarily limited to, Ottawa Beach Road.

Avoiding the loss of significant woodlots to disease and infestation is important.

Tree canopy and health analysis, maintenance, and reforestation should regularly occur.

Buffers. The designation of a buffer along all lot lines for a residential development boundary, including the street right-of-way, and along all side and rear lot lines for commercial or industrial development. The Planning Commission has the discretion to increase, decrease, or eliminate the buffer in whole or in part, based upon a consideration of the following factors:

Wildlife Corridor. The designation of a wildlife corridor abutting one or more lot lines of the development boundary at locations that provide a logical continuation of the wildlife corridor on the adjacent properties and beyond.

Clear-cutting. Clear-cutting is prohibited.

Tree Canopies. All trees within the development shall maintain a canopy. A canopy shall include all of the tree leaves, branches, and stems for any tree without a building beneath the tree, and the canopy shall not be removed to a height more than eight feet from ground level. A canopy shall include all of the tree leaves, branches, and stems for any tree with a building beneath the tree in whole or in part, and the canopy shall not be removed to a height more than five feet above the highest point of the building.

Tree Stands. Tree stands shall be preserved to the extent practicable within residential development.

Health Analysis. For residential developments with six or more building sites or units, and for commercial or industrial developments, the Planning Commission may require an inventory and general health analysis of all existing trees of six inches or greater in diameter measured at the diameter breast height, identifying the species and approximate height of each tree, performed by an arborist.

Reforestation Plan. A reforestation plan of no less than 25% of the trees removed at six inches or greater in diameter measured at the diameter breast height, which removal was necessary to construct the related development infrastructure, including, but not necessarily limited to, any easements and physical improvements of internal roads, drives, public utilities, and stormwater, shall be provided. The reforestation plan shall be performed by a forester and shall include a management plan for the entire development property.

Outside Agency Approvals. Final approval from the Ottawa County Road Commission, Ottawa County Environmental Health Department, Ottawa County Water Resources Commissioner, and any other pertinent government agency with jurisdiction over applicable approvals for the development shall be obtained.

152nd Avenue from Butternut Drive to Post Avenue.

160th Avenue from New Holland Street to Post Avenue.

168th Avenue.

Butternut Drive.

James Street.

Lakeshore Drive.

Lakewood Boulevard.

Ottawa Beach Road.

Riley Street, west of 152nd Avenue.

Quincy Street, west of Butternut Drive.

Southshore Drive.

That strict compliance with this section would render conformity with those restrictions unnecessarily burdensome.

That the plight of the property owner/applicant is due to the unique circumstances of the property and not due to general conditions of the zoning district.

In the case of a development, whether appropriate buffers and wildlife corridors can be adequately provided if the variance is granted.

The location of buildings on adjoining properties.

The size of the lot in question and the size of adjoining properties.

The effect of construction on the lot in question on the view from adjoining properties.

The potential effect of erosion.

Produce must be grown or raised within Ottawa, Allegan, or Kent Counties.

Other agricultural products as well as produce not grown or raised in Ottawa, Allegan, or Kent Counties, including value-added agricultural products, may also be sold in the market if they are related to the other products sold at the market, and if the total sales area of such items is less than 25% of the total area of the temporary local produce market.

The market, sales area, and any outdoor display areas shall be set back at least 30 feet from the improved surface of the adjacent roadway and any multiuse path, and at least 10 feet from side and rear property lines.

Buildings, temporary and permanent. More than one building may be permitted per parcel. All buildings must meet all requirements of the currently adopted Building Code. Buildings used as temporary local produce markets shall be considered accessory structures; however, in the event of a conflict between this section and the accessory structure standards in Section 38-491, this section shall apply. Any temporary structure housing the temporary local produce market must be removed from the property outside of the ninety-day period (or fewer days) that the stand is in operation.

Restrooms. Temporary local produce markets must provide any restroom facilities that may be required by federal or state laws or regulations, or by local ordinances or codes, or by any other similar requirements.

Waste containers. Suitable containers for rubbish must be placed on the premises for public use. They must be removed when the market is not active.

Hours of operation. Any stand located within 200 feet of any dwelling on an adjacent lot may not open earlier than 7:00 a.m. and must close not later than 10:00 p.m.

All parking shall be provided in off-street parking lots. The Planning Commission may waive this requirement, in whole or in part, if the market is located in an area with extensive street parking which the Planning Commission determines will be adequate to meet the needs of the proposed use. The Planning Commission may also permit parking to be shared with adjacent uses if the joint use of parking meets other requirements, including but not limited to handicap accessibility.

The number of parking spaces shall be determined on a case-by-case basis, upon consideration of the size and character of the temporary local produce market being proposed.

Barrier-free parking spaces must be provided.

Parking shall not be located nearer than 10 feet to the road pavement or multiuse path and may not pose a hazard to either vehicular or nonmotorized road or path users.

Ingress-egress shall be limited to driveways that have been approved by the Ottawa County Road Commission.

The Planning Commission may waive parking lot lighting requirements upon making the determination that the facility will be used only during daylight hours.

The Planning Commission may waive parking lot landscaping requirements upon making the determination that existing vegetation to be retained on the site satisfies the objectives of this section and maintains the rural, noncommercial character of the site. Other screening and buffering requirements may be either waived or implemented by the Planning Commission as needed.

The Planning Commission may waive the requirement for public water to be provided on site if it is not required in order to be compliant with applicable state or federal laws or regulations, or local ordinances or codes, or any similar requirements.

A food truck is considered an itinerant merchant. Any food truck operating in Park Township during any part of 14 days or more in one calendar year must receive and display a permit in accordance with Chapter 24 of the Park Township Code of Ordinances in addition to permits required by other agencies.

Any and all food trucks operating in Park Township must meet licensing requirements for a mobile food unit or special transitory food unit as established by the State of Michigan and/or Ottawa County.

Food trucks may be located on a privately owned lot of record where an existing commercial business operates in a building with a certificate of occupancy.

Food trucks may be operated on noncommercial properties such as schools, parks, camps, churches, public and private parks, governmental buildings, and other noncommercial uses that are customarily open for public or semi-public activities, [charitable, religious, fraternal, civic service, other non-profits] may host up to four food trucks up to three days per year with no permit and must operate in accordance with the requirements of Subsection (b)(1).

On any parcel designated for residential use, one food truck may be present for a maximum of three nonconsecutive days in any calendar year for a private event or events held for a closed group where the general public will not be in attendance. This includes, but is not limited to, events such as birthday parties, family reunions, bridal or baby showers, and graduation parties. This does not include garage sales or other similar events open to the public.

Permanent or semi-permanent food truck installations consisting of two or more food trucks may be permitted in the C-1 Neighborhood Business District and C-2 Resort Service District pending site plan approval by the Planning Commission. All relevant standards for site plan approval per Section 38-103 must be met, as well as the following standards:

Flood trucks may occasionally be permitted to operate within the right-of-way for community events such as block parties, neighborhood garage sales, and other similar neighborhood events if appropriate permits have been secured from the Ottawa County Road Commission and with the written consent of the Township Manager. The Township Manager shall confirm that the proposed event will not be disruptive to the broader community, is open to all residents of the target area and meets the goal of strengthening social ties and creating a stronger sense of community in the neighborhood.