Sec. 6.1.

a.

Every property owner shall provide and maintain at all times an adequate number of improved off-street parking spaces, ADA required accessible parking spaces, and the necessary loading and unloading facilities associated thereto, in each district for all the occupants, employees and patrons of said property.

b.

A plan showing the required parking and loading spaces including the means of access and interior circulation, except for one-family and two-family dwellings, shall be provided at the time of application for a building permit for the erection or enlargement of any building.

c.

Parking space shall be provided in the manner and location herein specified.

1.

Parking of motor vehicles in residential districts, except those used for farming, shall be limited to passenger vehicles, and not more than one commercial vehicle of the light delivery type not to exceed a two-ton rating. The parking of any other type of commercial vehicle, or buses, except for those parked on school property, is prohibited in a residential district.

d.

Requirements for all parking spaces and parking lots:

1.

Each automobile parking space shall be not less than 180 square feet nor less than nine feet wide plus adequate driveway and aisle space.

2.

All off-street parking facilities shall be constructed of material resistant to erosion and drained so as to prevent damage to abutting properties or public streets.

3.

Any lighting fixtures used to illuminate any off-street parking area shall be so arranged as to reflect the light away from any adjoining residential lots and streets.

4.

No parking space shall be closer than five feet from the property line.

5.

Off-street parking facilities in non-residential zones shall be effectively screened on any side which adjoins or faces property in any residential zone by compact plantings not less than four feet in height or a wall or fence not less than four feet or more than eight feet in height. Plantings shall be maintained in good condition and not encroach on adjoining property. Screening shall not be so placed or maintained as to provide a traffic hazard through obstruction of visibility.

6.

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

7.

Space for all necessary loading and unloading operations for any commercial, industrial or other use must be provided in addition to the required off-street parking space. All loading and unloading operations must be carried on entirely within the lot area of the use it serves and shall be in the side or rear yard and not interfere with pedestrian, or vehicular movement.

8.

Reserved.

9.

The number of parking spaces required for land or buildings used for two or more purposes, shall be the sum of the requirements for the various individual uses, computed in accordance with this section; parking facilities for one use shall not be considered as providing the required parking facilities for any other use unless hours of operation vary.

e.

Maximum required parking spaces. The amount of required off-street parking shall be determined in accordance with the following schedule. Applicants are encouraged to minimize the amount of parking provided in order to minimize excessive areas of pavement, which negatively impact aesthetics and contribute to high volumes of storm water runoff. Required parking spaces may be designated for use by ridesharing, online order pick-up and similar customers. The Planning Commission may modify the numerical requirements for off-street parking, based on evidence that another standard would be more reasonable because of the level of current or future employment and/or level of current or future customer traffic based upon documentation provided by the applicant.

1.

Apartment houses—Two parking spaces per family unit.

2.

Office buildings—One parking space for each 250 square feet of net usable floor area.

3.

Retail stores, supermarkets, department stores, personnel service shops, and shopping centers—One parking space for each 200 square feet of net usable floor area.

4.

Manufacturing buildings—One parking space for each three employees on the maximum shift. Consideration shall be given to overlap of employees at shift change.

5.

Libraries, museums and post offices—One parking space for each 100 square feet of floor area.

6.

Bowling alleys—Three parking spaces for each alley.

7.

Motels and tourist homes—One parking space for each separate unit.

8.

Theaters, auditoriums, stadiums and churches—One parking space for each four seats.

9.

Dance halls, assembly halls, and convention halls without fixed seats—One parking space for each 100 square feet of floor area if to be used for dancing or assembly.

10.

Restaurants and night clubs—One parking space for each 100 square feet of floor area.

11.

Schools; private or public elementary and junior high schools—One parking space for each employee normally engaged in or about the building or grounds plus one space per ten students at full enrollment. Senior high schools and institutions of higher learning—One parking space for each employee normally engaged in or about the building or grounds and one additional space for each three students enrolled in the institution.

12.

Care homes—0.5 parking spaces per bedroom. Nursing homes—0.33 spaces per bed.

13.

Home occupations—One improved parking space for each vehicle.

f.

Uses not listed. For those uses not specifically mentioned, the requirements for off-street parking for a similar use shall apply, subject to review by the Planning Commission and/or the Zoning Administrator.

(Amended by: Ord. No. 173, § 1, 2-14-22; Ord. No. 183, § VII, 6-9-25)

Sec. 6.2.

a.

In any zone which allows home occupations, an incidental sign not exceeding four square feet in area is allowed for advertising a home occupation or professional service. Such sign may be attached to the building, or may be located on the property of such use, but may be located no closer than five feet to the road right-of-way.

b.

In any zone where agricultural use is permitted, an incidental sign advertising the sale of farm products grown on the premises, such sign shall not exceed 16 square feet in area and shall be so located that it will not interfere with the full view of traffic.

c.

In any zone, one temporary real estate sign not exceeding six square feet in area for each lot, parcel or tract under 25,000 square feet in area. Such sign may be increased in size, or additional signs permitted for each additional 25,000 square feet of property advertised. No single sign shall exceed 250 square feet in area, and in no event shall more than two such 250 square foot signs be permitted on one lot, parcel or tract advertised regardless of property area.

d.

Building contractors and professional persons temporary signs on buildings under construction shall be limited to a total area for all such signs to 32 square feet.

e.

In any commercial or industrial district, nonresidential uses in the Scotts Mixed Use District and for institutional uses in any district, a sign is permitted only where it advertises a business or institutional use occupying the same lot or parcel of land upon which the sign is erected. Signs shall meet the building setback and height requirements, except for, and in addition to, the requirements provided below.

1.

A sign may be affixed flat against the wall of the building, or may project therefrom not more than 42 inches. Signs projecting over public property shall be at least 11 feet above the finished grade, or sidewalk. The total sign area shall not exceed two square feet for each foot in length or height of the wall to which it is affixed. No such sign shall extend more than four feet in height above the building wall to which it is affixed.

In a single-occupant building, no more than three wall signs may be placed on a building identifying the occupant.

In a multi-tenant building, each tenant is permitted combined sign area of 96 square feet or 1.5 square feet for each one foot of linear face of the wall to which the sign is attached, whichever is less. No more than three signs may be placed per tenant; each sign must be placed upon the suite occupied by the tenant identified.

2.

One identification sign may be erected for a shopping center or other integrated group of stores or commercial buildings. The maximum area of said sign shall be based on one square foot for each front foot of building, or buildings, for which it is established; however, it shall not exceed 400 square feet in area, nor be closer than 20 feet to the front property line, or closer than one-half the distance of the required building setback to the side or rear property line.

3.

One identification sign may be erected for each separate enterprise situated on an individual lot and operated under separate ownership from any adjoining enterprise. Such sign shall not exceed 60 square feet in area, nor be closer than 20 feet to the front property line, or closer than one-half the distance of the required building setback to the side or rear property line.

4.

Outdoor advertising signs (billboards) are permitted only in commercial and industrial zones under the following conditions:

a.

Except as otherwise provided herein, signs and outdoor advertising structures are required to have the same setback as other principal structures or buildings in the zone in which they are erected, but not less than 100 feet from right-of-way.

b.

Where two or more outdoor advertising structures are located along the frontage of a single street or highway, they shall not be less than 1,500 feet apart. A double face (back-to-back) or a V-type structure shall be considered as a single structure.

c.

The total surface area, facing in the same direction, of any outdoor advertising structure shall not exceed 500 square feet.

5.

No sign or outdoor advertising structure shall be erected at any location where by reason of the position, size, shape or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device so as to interfere with, mislead or confuse traffic.

6.

Signs may be illuminated; however, such illumination shall be concentrated upon the surface of the sign and the sign shall be so located and arranged as to avoid glare or reflection onto any portion of any adjacent highway, or into the path of oncoming vehicles, or onto any adjacent premises.

7.

In no event shall any sign, or outdoor advertising structure, have flashing or intermittent lights, or be permitted to rotate, or oscillate. Electronic signs are permitted provided that they comply with [Subsection] 6. above and do not scroll or change message more than once every five seconds.

8.

Signs of a public, or quasi-public nature noting special events of general interest such as a county fair, public or general election, horse show, etc. shall not exceed 80 square feet in area except by special exception. Such sign shall be removed within ten days after the event.

9.

A building permit is required.

(Ord. No. 123, 11-12-01; Ord. No. 143, § 11, 11-12-07; Ord. No. 156, 10-10-16; Ord. No. 169, § XVI, 10-12-20)

Sec. 6.3.

Sec. 6.3.1. Non-conforming uses. Any lawful non-conforming use existing at the time of passage of this Ordinance or any prior ordinance may be continued, provided, however, that except in the case of dwellings or farm buildings, the structure or the lot of record or land involved shall neither be structurally altered, repaired nor enlarged unless such revision shall conform to the provisions of this Ordinance for the district in which it is located. Provided further, that this section shall not prohibit structural alterations required by law. This section shall not be deemed to prevent the construction or enlargement of garages or accessory buildings serving single-family dwellings that are lawful nonconforming uses in the "R-4," "R-5," "R-6," "C-1," "C-2," "I-1," "I-2," and "I-3" zoning districts.

Sec. 6.3.2. Forfeiture of right to continue non-conforming use. When nonconforming use of property is discontinued through vacancy, lack of operation, or other similar condition, for a period of 12 months or more, thereafter no right shall exist to resume or maintain on said property a nonconforming use unless the Zoning Board of Appeals with approval of the Township Board grants such privilege within six months after such 12-month period. No nonconforming use, if changed to a use permitted in the district in which it is located, shall be resumed or changed back to a nonconforming use.

Sec. 6.3.3. Nonconforming uses of land. Where at the time of passage of this Ordinance, lawful use of land exists which would not be permitted by the regulations imposed by this Ordinance, and where such use involves no individual structure with an assessed value exceeding $500.00, the use may be continued so long as it remains otherwise lawful provided:

a.

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment to this Ordinance.

b.

No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment to this Ordinance.

c.

If any such use of a structure ceases for any reason for a period of more than 12 months, any subsequent use of such structure shall conform to the regulations specified by this Ordinance for the district in which such structure is located.

d.

No additional structure not conforming to the requirements of this Ordinance shall be erected in connection with such nonconforming use of land.

Sec. 6.3.4. Nonconforming uses of structures. If lawful use involving individual structures with an assessed value of $500.00 or more or of structure and premises in combination, exists at the effective date of adoption of this Ordinance that would not be allowed in the district under the terms of this Ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

a.

No existing structure devoted to a use not permitted by this Ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

b.

Any nonconforming use may be extended throughout any parts of a structure which were manifestly arranged or designed for such use at the time of adoption or amendment of this Ordinance, but no such use shall be extended to occupy any land outside such structure.

c.

Whenever a nonconforming use has been changed to a conforming use, or to a use permitted in a district of greater restriction, it shall not thereafter be changed to a nonconforming use.

d.

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the entire structure shall eliminate the nonconforming status of the land.

Sec. 6.3.5. Nonconforming lots of record. In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record existing at the effective date of adoption or amendment of this Ordinance, may be utilized for single residence purposes, provided the lot width is not less than 40 feet and the area is not less than 4,800 square feet. The purpose of this provision is to permit utilization of recorded lots which lack adequate required width or depth as long as reasonable living standards can be provided. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall prevail even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than these applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. An application for such construction shall be submitted to the Zoning Administrator except for parcels to be served by sanitary sewers, including the results of soil percolation tests, performed by a licensed civil engineer at the exact location of proposed subsurface sewage disposal system facilities. Such application must be approved by both the Zoning Administrator and the Kalamazoo County Environmental Health Department prior to issuance of any permit.

If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this Ordinance, and if all or part of such lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this Ordinance, and no portion of said parcel shall be used or sold in any manner which diminishes compliance with lot width and area requirements established by this Ordinance, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this Ordinance.

Sec. 6.3.6. Combination of nonconforming lots of record. The Township Assessor may permit the combination, in whole or part, of contiguous nonconforming lots of record into a parcel of less than the minimum size requirements established by this Ordinance provided that the combination of lots reduces the degree of nonconformity and results in a parcel which is capable of accommodating a structure that is in conformance with the lot area and yard requirements of this Ordinance.

Sec. 6.3.7. Nonconforming structures. Where a lawful structure exists at the effective date of adoption of this Ordinance that could not be built under the terms of this Ordinance by reason of restrictions on area, lot coverage, height, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

a.

No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

b.

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

c.

If any such nonconforming structure ceases being used for any reason for a period of more than 12 months, any subsequent use of such structure shall conform to the regulations specified by this Ordinance for the district in which such structure is located.

Sec. 6.3.8. Reconstruction of damaged non-conforming structures. Nothing in this Ordinance shall prevent the reconstruction, repair or restoration and the continued use of any nonconforming structure damaged by fire, collapse, explosion, Acts of God or acts of public enemy, subsequent to the effective date of this Ordinance, wherein the expense of such reconstruction does not exceed 60 percent of the fair valuation of the entire structure at the time such damage occurred; provided that such valuation shall be subject to the approval of the Zoning Administrator, with input from the Building Official and the Assessor, whose decision shall be subject to the Board of Appeals, and provided that such restoration and resumption shall take place within six months of the time of such damage and that it be completed within one year from time of such damage, and provided further, that said use be identical with the nonconforming use permitted and in effect directly preceding said damage. Where pending insurance claims require an extension of time, the Zoning Administrator may grant a time extension provided that the property owner submit a certification from the insurance company attesting to the delay. Until such time as the debris from the damage is fully removed, the premises shall be adequately fenced or screened from access by trespassers.

Sec. 6.3.9. Repairs and maintenance of nonconforming structure. On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of non-load bearing walls, fixtures, wiring, or plumbing, to an extent not exceeding 20 percent of the current assessed value of the nonconforming structure or nonconforming portion of the structure as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased.

Sec. 6.3.10. Special regulations concerning single-family dwellings. The following special regulations shall govern certain types of nonconforming single-family residential dwelling units, as follows:

a.

Whenever a single-family dwelling is a nonconforming structure because it does not meet the minimum floor area requirements of this Ordinance and where such single-family dwelling is located upon a lot which does not meet the requirements of this Ordinance, the single-family dwelling may be enlarged or replaced provided the latter meets the minimum floor area requirements imposed by this Ordinance.

b.

Notwithstanding the provisions of Section 6.3.9, single-family residential dwellings which are nonconforming by virtue of being situated in a commercial or industrial district may be maintained, reconstructed, repaired or restored even though the same may be damaged in excess of 60 percent of the fair market value of the entire structure at the time such damage occurred provided the following requirements are met:

1.

The reconstruction, repair, or restoration must be completed within one year from the date of damage, the Board of Appeals being given the authority to grant reasonable extensions of time delays beyond the control of the owner; and

2.

The single-family dwelling shall meet the minimum floor area requirements imposed upon single-family dwellings in the "R-1" single-family residential district.

Sec. 6.3.11. Nonconformance created by governmental condemnation proceeding. When on a developed lot from which additional right-of-way is acquired by the Road Commission of Kalamazoo County or other entity exercising the power of eminent domain for the purpose of street construction, street relocation, street widening, or utilities, there results a nonconformance with the minimum setback, lot width, lot area, or parking requirements of this Ordinance, any existing structures rendered nonconforming thereby shall thereafter be permitted to be altered, enlarged or rebuilt provided that: (1) the specific nonconformity created when the right-of-way was acquired is not increased; and (2) all structures shall be setback not less than 15 feet from the public right-of-way line.

(Amended by: Ord. No. 169, §§ XII, XIII, 10-12-20)

Sec. 6.4. Any use which complies with all of the following conditions may be operated as an accessory use:

a.

No accessory building may be built on any lot on which there is no principal building, except for agricultural uses, and except further for property in Section 19 with parcel numbers 19—380.

b.

One accessory building containing 200 square feet or less and 12 feet or less in height will be permitted on a parcel containing a principal building and shall be subject to obtaining a zoning permit. The setback requirements contained within the schedule of lot, yard and area requirements for accessory buildings in Section 6.14 shall apply.

c.

The use must be clearly incidental and customary to and commonly associated with the operation of the permitted uses on the lot.

d.

The use or building must be operated and maintained under the same ownership and on the same lot as the permitted uses, except for agricultural uses.

e.

The use does not include structures or structural features inconsistent with permitted uses.

f.

The use does not include residential occupancy unless approval for an accessory dwelling unit has been granted by the Planning Commission.

g.

If an accessory use is carried on within a structure containing the permitted uses, the gross floor area within such structure utilized by accessory uses (except garages and off-street loading facilities) shall not be more than 20 percent of the gross floor area, but not to exceed 300 square feet, in the single unit dwelling.

h.

Fall-out shelters are permitted as accessory uses and structures in any district, subject to the yard and lot coverage regulations of the district. Such shelters may contain or be contained in other structures or may be constructed separately, and in addition to shelter use may be used for any accessory use permitted in the district, subject to the district regulations on such use. Fall-out shelters constructed completely below the ground level, except for a vent not exceeding 30 inches in height above ground level, may be contained within any yard area.

i.

An accessory building, except for a detached garage or other accessory building (as defined in b. above), must not be any closer to the road right-of-way than the principal building or 300 feet.

Within the "A-1" district, a detached garage may be located within the front yard, provided it is no closer than 100 feet to the road right-of-way or ten feet to any adjoining property line or any other principal or accessory building.

j.

Within any "R-1" or "R-2" districts, on platted residential lots of less than 12,000 square feet, a detached garage of no more than 720 square feet is allowed.

k.

On lots less than 5,000 square-foot area, the maximum percentage building coverage of the lot shall be 2,100 divided by the square root of the area. (Where area equals the lot area in square feet.)

(Amended by: Ord. No. 105, 5-8-95; Ord. No. 133, 6-1-04; Ord. No. 143, § 12, 11-12-07; Ord. No. 169, § XIV, 10-12-20; Ord. No. 173, § 4, 2-14-22; Ord. No. 176, § 2, 12-12-22)

Sec. 6.5. Any home occupation operated in a single dwelling unit may be operated only if it complies with all of the following conditions:

a.

Is operated in its entirety within the single dwelling, garage or accessory building, and only by the person, or persons, maintaining a dwelling therein. Any home occupation intended to occupy a garage or accessory building shall obtain a special exception.

b.

Does not have any employees, or regular assistants not residing in the dwelling; except for offices of doctors, dentists or other similar practitioners.

c.

That dwelling does not have any exterior evidence, other than a permitted sign, to indicate that the building is being utilized for any purpose other than that of a dwelling.

d.

That the occupation conducted therein is clearly incidental and secondary to the residential use of the building.

e.

That no goods, or services are sold, displayed or demonstrated which are not produced on the property by the immediate members of the family therein.

f.

Noise or other objectional characteristic incident thereto shall not be discernible beyond the boundaries of the lot.

g.

The home occupation does not utilize more than 20 percent of the gross floor area, but not to exceed 300 square feet, in the single unit dwelling including attached garage.

Sec. 6.5.5. Intent. It is the intent of this section to allow for ADUs within or upon properties with a single-family home thereon to allow homeowners to have a supplemental source of income with a long-term tenant as well as other nontangible benefits to older residents such as companionship or a live-in caretaker. It is recognized that ADUs provide an opportunity for affordable housing for young and old households as well as a way for family members to reside nearby with independence. It is further recognized that appropriate limitations are necessary so that ADUs are a compatible and harmonious use in the residential areas of the Township. Where contradictions with Section 2.11, definition of building, accessory or Section 2.25, definition of dwelling unit, exist, the provisions hereunder shall apply, however the Township Building Code still remains applicable.

1.

The following provisions shall apply to all ADUs:

A.

An ADU may only be established on a lot with a single-family dwelling on it.

B.

Only one ADU allowed per lot.

C.

No more than two individuals may reside in an ADU.

D.

No more than one bedroom may be provided in the ADU.

E.

Maximum square footage of the ADU may not exceed 20 percent of the above-grade gross floor area of the principal dwelling unit or 350 square feet, whichever is greater, on parcels less than an acre; on parcels an acre or larger in area, the ADU may not exceed 25 percent of the above-grade gross floor area of the principal dwelling unit or 500 square feet, whichever is greater.

F.

The principal dwelling or the ADU must be declared the main residence of the owner of the lot. A deed restriction stating that the lot is so restricted shall be provided to the Township by the property owner in a format suitable for recording with the Kalamazoo County Register of Deeds.

G.

The ADU and modifications to an existing residence for an ADU shall be of similar or better workmanship as the principal dwelling unit, shall not detract from the single-family character and appearance of the principal residence and shall be aesthetically compatible in appearance with other residences in the area.

H.

For attached ADUs, the principal residence shall have no external evidence of the ADU other than a separate entrance/exit. If provided on the exterior, the entrance/exit to the ADU shall be located on the side or rear of the building when not shared with the principal residence.

I.

For new home construction incorporating an ADU, at least one of the dwelling units shall incorporate universal design principles on the main floor of the dwelling unit.

J.

An ADU shall be connected to a water supply and sanitary facilities.

K.

When the ADU will be served by a well and/or septic system, written verification of an existing system's adequacy to serve the ADU and/or a permit from the Kalamazoo County Environmental Health Department for new or replacement well and/or septic system shall be provided to the Township.

L.

The principal residence and the ADU shall share the same vehicular access to the lot.

M.

If garage floor area is converted for an ADU, replacement off-street parking shall be provided for the principal residence.

N.

In addition to the required off-street for the principal residence, one additional off-street parking space shall be provided for the ADU.

2.

Unless waived by the Planning Commission, pursuant to the factors listed below, the following additional provisions shall apply to detached ADUs that are neither structurally attached to the principal dwelling, within the principal residence nor in the principal accessory building (garage) serving the residence, along with those conditions reasonably imposed by the Planning Commission during the special exception use process:

A.

Minimum lot area of one acre.

B.

The ADU must be located in the rear yard. See definition of yard in Section 4.87 for lake lots.

C.

The ADU must be located closer to the principal dwelling on the lot than the ADU is located to the principal dwelling on an adjacent property.

D.

Universal design principals shall be fully incorporated.

E.

The height of the ADU may not exceed 18 feet.

F.

The requirements and lot coverage limitations of Section 6.14, Lot, Yard and Area Requirements, shall be satisfied.

G.

The ADU shall be properly maintained at all times pursuant to the International Property Maintenance Code and shall at no time fall into disrepair such that it detracts from the appearance of the property or the nearby properties.

H.

When not occupied for a continuous period of 12 months or more, the ADU shall be removed from the property or converted to another use as may be allowed in the zoning district.

I.

Mobile homes, shipping containers and trailers on wheels shall not be considered an ADU for purposes of this section unless waived by the Planning Commission.

The Planning Commission shall consider the following factors when a waiver of any of the provisions of Subsection 2, above, is requested:

A.

The topography and/or wooded nature of the subject property and how it reduces the visibility of or screens from view the ADU.

B.

The hydrology and/or other site specific conditions of the property prevent placement in accordance with this section.

C.

A unique design is proposed preventing or reducing the ability to comply with items 2D and/or 2E, above.

D.

Principal and accessory buildings on nearby properties would support a waiver.

(Ord. No. 169, § V, 10-12-20)

Sec. 6.6.

[a.]

Fencing:

[1.]

Within any residential district ("R-1", "R-2", "R-3", "R-4" "R-5" and "R-6"), the maximum height for any fencing in the front yard shall be four feet and in the side and rear yards the maximum height shall be six feet. Fencing within the front yard shall be limited to chain link, wood (such as split rail or picket) or commercially available fencing material in order to maintain visibility for vehicular or pedestrian movement. Opaque fencing may be used within the side and rear yards provided it is composed of commercially available fencing material. For the purpose of not restricting visibility, the rear yard of any lake lot shall be considered a front yard for purposes of fencing regulation.

[2.]

Within any commercial district ("C-1" and "C-2") or industrial district ("I-1", I-2" and "I-3"), the maximum height for any fencing in the front yard shall be six feet and in the side and rear yards the maximum height shall be eight feet. The use of barbed wire shall be subject to review and approval by the Planning Commission during site plan review.

[b.]

Screening: Except as otherwise provided in this Zoning Ordinance, all commercial or industrial uses shall be screened from an adjoining use located in any residential district by either a wall, fence or landscaping (or combination) to achieve an opaque screen of at least six feet in height. The Planning Commission may waive this requirement or specify the type of screening to be utilized during site plan review.

(Amended by: Ord. No. 138, 2-13-06)

Sec. 6.7. Any building constructed on a lot abutting a lake, stream, or river (including ponds connected to such lakes, streams, or rivers) shall be set back at least 50 feet from the high-water line, except:

1.

Those buildings in existence at the time of passage of this Ordinance.

2.

New construction of dwellings or accessory buildings and those that are in existence at the time of passage of this Ordinance, may have a private pond, which is not connected to a lake, stream or river, constructed within 25 feet of such building, if said building does not have a connection to a septic system, otherwise the 50-foot requirement will apply.

3.

Where the adjacent parcels abutting said waterline are built upon, the setback of any building or addition hereafter erected shall not be required to be greater than, nor shall it be less than, the average setbacks of the nearest dwellings on both sides; in no case shall the setback be less than 50 feet.

In the event of a controversy concerning the location of the high-water shoreline for the purposes herein set forth, the determination of the Board of Appeals shall be conclusive on such question.

(Amended by: Ord. No. 93, 8-13-90; Ord. No. 126, 4-8-02; Ord. No. 176, § 5, 12-12-22; Ord. No. 183, § I, 6-9-25)

Sec. 6.8.

6.81 Special exception, explanation. The Planning Commission is authorized to review and approve the establishment of special exception uses that are specifically listed within the zoning ordinance or are so similar in nature as to rely on the same conditions for such consideration. Where such uses are not listed within the zoning ordinance, the Planning Commission may initiate an amendment to the ordinance or an application may be received to include such use in a proposed zoning district. Certain types of uses are required to secure a special use permit to allow them to be placed in one or more zones in which their uncontrolled occurrence might cause unsatisfactory results of one kind or another. A few uses, such as dumps and junk yards, are inherently so objectionable as to make extra regulations and controls advisable even in the zone to which they are permitted. Others, such as gasoline stations, and taverns, must be located with discrimination in relation to their surroundings. The intent of reviewing such applications is to determine whether such use, subject to conditions, either listed in the zoning ordinance or imposed by the Planning Commission, can become compatible with surrounding land use. Because under certain conditions they could be detrimental to the health, safety, or general welfare of the public, the uses listed as special exceptions are permitted in certain zones only if granted by the Planning Commission. However, a special exception, once implemented, cannot be limited to the present land owner or for a specified period of time. Therefore, whenever a special exception is granted, it may continue indefinitely, unless subject to annual review or with a date certain condition as part of the approval process.

6.82 Special exception and special land use application and filing request. The following items should be included in a special land use application.

a.

Applications for the grant of special exceptions shall be filed with the Township Clerk on forms provided therefore. The applicant shall submit plans and specifications or other data or exploratory material stating the methods by which he will comply with the conditions specified for each grant of special exception. At the time of filing this request for a grant of special exception, the petitioner shall pay to the Clerk the prescribed fee. The applicant shall include the following information:

1.

Applicant's name and address.

2.

Statement identifying the landowner, if not the applicant, and the applicant's relationship to the landowner (i.e., land contract, purchaser, optionee, or delegated agent).

3.

Property boundary map and legal description.

4.

Existing uses and structures on the land.

5.

Description of the existing zoning on the parcel and properties immediately adjacent.

6.

An analysis of the planning implications of the proposed development, including (but not limited to) estimated future population and the impact of population on community facilities such as schools and parks; an economic market study justifying the need for any proposed commercial, office, or industrial facilities: a traffic analysis which related the trip generation likely from the proposed development to existing street volume capacities.

7.

A site plan, at least in preliminary form, depicting the general land use arrangement or scheme of the proposed development.

8.

Documents from relevant public agencies.

b.

The Township Clerk or designated person shall then schedule the public hearing at the next regular meeting of the Planning Commission. Notice for such hearing shall comply with the requirements under the Michigan Zoning Enabling Act, 2006 PA 110, as amended. The Planning Commission shall review the application and after the public hearing shall either approve, approve subject to additional conditions or deny the application for special exception, and notify the petitioner and building inspector and/or zoning enforcement officer. Should the Planning Commission deny the request, the rationale shall be that they could not establish conditions in which the use would be considered compatible in that location.

6.83 Special exception, general provisions. In hearing a request for any special exception, the Planning commission shall be governed by the following principles and conditions:

a.

The applicant for a special exception shall have the burden of proof, which shall include the burden of going forward with the evidence and the burden of persuasion on all questions of fact which are to be determined by the board.

b.

A special exception may be granted when the Planning Commission finds from the evidence produced at the hearing that:

1.

The proposed use does not affect adversely the development of Pavilion Township as embodied in this Ordinance and in any master plan or portion thereof adopted by the Pavilion Township Board;

2.

The proposed use will not affect adversely the health and safety of residents or workers in the area and will not be detrimental to the use or development of adjacent properties or the general neighborhood; and

3.

The standards as may be set forth for a particular use for which a special exception may be granted, can and will be met by the applicant.

6.84. Special exception uses. (NOTE: Sec. 9.2 becomes Sec. 6.84)

The following special exception uses shall comply with all of the conditions as specified herein, unless the Planning Commission, in their sole reasonable discretion, believes such conditions are not necessary to achieve compatibility with surrounding land use in that specific location. The Planning Commission may also impose additional conditions related to the approval of the special exception use where, in their sole reasonable discretion, they believe such conditions are necessary to protect adjacent properties, the general neighborhood and the residents and workers therein.

The specific conditions enumerated below are referred to by the numbers following each special exception use:

1.

The use shall have frontage on an existing or officially proposed road having a primary or greater classification.

2.

The use shall have frontage on an existing or officially proposed county road.

3.

The use shall have off street parking facilities to satisfy average parking needs.

4.

The use shall have off street parking facilities to satisfy peak parking needs.

5.

Such activities (including buildings and parking areas) shall be located no less than the following number of feet from any residential (R-1 through R-6) zoning district:

a - 25 feet

b - 50 feet

c - 100 feet

d - 200 feet

e - 500 feet

f - 1,000 feet

6.

Public utility buildings shall, whenever practicable, have an exterior appearance similar to those buildings in the immediate area. The public utility buildings and structures shall have suitable landscaping, screen planting and fencing whenever deemed necessary by the Planning Commission.

7.

Gasoline pumps or other service appliances shall be set back at least 20 feet from the lot line.

8.

No major repairs or dismantling shall be permitted outside of a closed structure.

9.

The use shall be enclosed by a solid wall or compact screening of suitable material as determined by the Planning Commission and shall not be less than six feet in height.

10.

Adjacent same uses shall be at least 1,500 feet apart.

11.

The minimum size parcel of land shall be 20 acres.

Additional condition for agri-tainment: Any driveways utilized for access by patrons during events shall be constructed with an improved surface (compacted gravel base) of at least 20 feet in width and have a height clearance of at least 14 feet in order to support emergency vehicles. Parking areas shall be clearly identified and meet space size (180 square feet) and drive aisle width of at least 20 feet.

Additional condition for boardinghouse: The maximum number of bedrooms shall be based upon three bedrooms for the first 1,000 square feet and an additional 250 square feet within the dwelling for each bedroom thereafter, up to a maximum of eight bedrooms per dwelling. Each bedroom shall be limited to a maximum of two adult guests, with the maximum number of guests within any boardinghouse of 16 adults, plus a resident family that may have living quarters in the dwelling.

6.85. Special exception uses. The following uses shall be allowed only as a special exception use in districts indicated:

a.

Telecommunication towers and antennas in A-1, A-2, C-1, C-2, I-1, I-2, and I-3.

(Amended by: Ord. No. 105, 5-8-95; Ord. No. 118, 5-8-00; Ord. No. 132, 8-11-03; Ord. No. 133, 6-1-04; Ord. No. 139, § 8, 9-8-06; Ord. No. 148, 5-9-11; Ord. No. 151, §§ 3—6, 8-13-12; Ord. No. 163, § 3, 12-10-18)

Sec. 6.9. All gravel pits within Pavilion Township shall be filled in and leveled off leaving no holes, and kept in a safe condition by the owners, lessees, or users of premises which have gravel pits.

Cross reference— Litter, debris and earth levelling, § 110.002(g).

Sec. 6.10. Mobile homes, house trailers and trailer coaches which are not within camps therefor having adequate water and sanitary facilities, shall not be used for residence purposes for more than 14 days in any calendar year; unless one of the residents therein is actively engaged in the construction of a dwelling on the premises and in such case the same shall not be used for residence purposes for more than 18 months; or unless one of the residents therein is a migratory worker and in such case such use may be for not more than 90 days, provided there is issued to such migratory worker a permit, without cost, which states the time of commencement of such use, before commencement of such use.

Sec. 6.11. 

a.

Within residential districts ("R-1" through "R-6):

1.

The keeping of four or more dogs within the premises of a recorded plat or similar residential development areas shall be prohibited; provided;

2.

No livestock (pigs, hogs, poultry, cattle, horses, rabbits or non-domestic pets) shall be allowed to be kept within recorded plats, or similar residential development areas, at any time;

3.

No exotic animals of any kind shall be permitted within residential zones.

b.

Within agricultural districts ("A-1" and "A-2"):

1.

On lots of less than ten acres, the grazing of livestock, the keeping of poultry, wild fowl, rabbits is prohibited within 50 feet or any recorded plat or similar residential development area.

2.

The keeping of livestock is not permitted on lots of less than one acre. On lots between one and ten acres, the keeping of livestock at a rate exceeding one-half animal unit per acre is not permitted. Animals not specifically listed under the animal unit definition shall be interpreted based upon general size and weight.

3.

The keeping of four or more dogs shall be subject to regulation as a commercial kennel. Any exotic animals may only be permitted within zoological parks or wildlife game preserve.

c.

No wildlife shall be permitted in any area.

(Amended by: Ord. No. 105, 5-8-95; Ord. No. 143, § 13, 11-12-07; Ord. No. 156, 10-10-16)

Sec. 6.12. All dwellings and commercial and industrial buildings shall be located upon premises with a frontage on a road dedicated to the public, which road shall be not less than 66 feet wide, and shall be fully constructed and improved to Kalamazoo County Road specifications, or bonded therefore to the Township or County before occupation of such building shall be permitted.

Sec. 6.13.

A.

In all residential districts, where a vacant parcel of land is contiguous to a lake, river, stream or pond, such vacant parcel of land may be used and developed as a recreational park for the purpose of gaining riparian access and enjoyment to said body of water for the owners and occupants to two or more residential lots or dwelling units which are located within one-quarter mile of such recreational park, subject to the following conditions:

1.

There shall be full compliance with the terms, conditions, and limitations imposed by all Pavilion Township Ordinances.

2.

Said recreational park shall contain a lot depth of at least 150 feet and at least 20 lineal feet of water frontage for each dwelling unit to which said privileges are extended or dedicated.

3.

In no event shall such recreational park have less than 165 lineal feet of water frontage, regardless of the number of dwelling units to which such privileges are extended.

4.

The recreational park shall remain free of buildings or other man-made structures except fences and docks.

5.

In no event shall such recreational park include a swamp, marsh, bog or other wet land, either (a) as shown on the most recent United States Geological Survey maps, or (b) as may be so designated by the Michigan Department of Natural Resources. The Pavilion Township Zoning Board of Appeals may grant a variance from this requirement upon satisfactory proof that the recreational park so shown or designated is or can legally and practically be made safe and adequate for the purpose, with sufficient dry land and drainage. Any such variance shall be conditioned upon obtaining required permits, if any, from relevant governmental agencies, and shall be conditioned upon the performance of any filling, grading or other work required to render the recreational park suitable for the intended use.

6.

No man-made channel, peninsula, or other man-made feature shall be included in the computations of depth, frontage or other requirements of these conditions.

7.

The recreational park shall not be separated from any privileged lot by any waterway, public or private road, railway facility, or other source of vehicular traffic to the extent that the owner of any privileged lot has no access to the recreational park except by crossing such waterway road, facility or other sources of vehicular traffic.

8.

In no event shall the storage or launching of boats be permitted on such recreational park property except by residents of the privileged lots contiguous to such park.

9.

One dock shall be permitted at such recreational park. Such dock shall not extend more than 50 feet beyond the shoreline except if it is necessary to reach a water depth of three feet; provided further that in no event shall a dock extend more than 100 feet beyond the shoreline. Such dock shall be at least ten feet from the nearest property line as projected into a public body of water. No structure shall be constructed or placed upon or adjacent to a dock that will block the natural view of persons, either on shore or water.

B.

Except as set forth in the preceding part A, no parcel of land contiguous to a body of water shall be used to provide access to such body of water to owners of more than one additional parcel of land, or to the public in general.

Sec. 6.14.

Schedule of Lot, Yard and Area Requirements (Commercial/Industrial)

1.

Where the majority of the frontage along one side of a street within 500 feet of a vacant lot has been built upon at the time of passage of this Ordinance, any building hereafter erected on said vacant lot shall not be required to be more than the average setback of the improved frontage.

2.

On corner lots, the width of the side yard adjacent to the side street shall be equal to the front yard setback of the lot adjoining the rear of said corner lot. When the lot adjoining said corner lot along the rear line, does not front on the side street of the corner lot, the side yard shall not be less than two-thirds the front yard setback required for that district. For land platted prior to July 9, 1956, refer to previous Ordinance.

3.

Or equal the height of the building, whichever is greater.

4.

Or one-half the height of the building, whichever is greater.

5.

Or three-fourths the height of the building, whichever is greater.

6.

Where property is contiguous to an existing or an officially proposed state trunkline or expressway, the minimum front, side or rear yard contiguous thereto shall be increased in depth so as to permit a: (1) 120-foot right-of-way for state trunklines; (2) 300-foot right-of-way for expressways.

7.

The minimum distance between multiple-family buildings within a single project area shall be as follows:

a.

Where buildings are front to front or front to rear; two times the height of the taller building, but not less than 50 feet.

b.

Where buildings are side to side, if there are not windows on the side walls; a distance equal to the height of the taller building, but not less than 20 feet.

c.

Where buildings are front to side or rear to side, if there are no windows on the side walls, one and one-half times the height of the taller building, but not less than 30 feet.

d.

Where buildings are rear to rear and side to side with windows on the side walls; one and one-half times the height of the taller building, but not less than 40 feet.

e.

When a roadway is located between two buildings, the width of the roadway shall be in addition to the above minimum distance between buildings.

8.

Overall density per dwelling unit.

9.

For land platted prior to July 9, 1956, refer to Appendix A.

10.

Refer to Section 4.10 and P.A. 96, 1987.

11.

Reserved for future use.

12.

A one-story single-family dwelling shall contain not less than 864 square feet; for a two-bedroom dwelling, 1,000; for three-bedrooms, plus an additional 140 square feet for each additional bedroom of a one-story dwelling; and not less than 720 square feet of floor space on the first floor of two or more story dwellings, exclusive of breezeway and garage floor areas.

Schedule of Lot, Yard and Area Requirements (Commercial/Industrial)/Scotts Mixed Use

1.

Where the majority of the frontage along one side of a street within 500 feet of a vacant lot has been built upon at the time of passage of this Ordinance, any building hereafter erected on said vacant lot shall not be less than the average setback of the improved frontage.

2.

On corner lots, the width of the side yard adjacent to the side street shall be equal to the front yard setback of the lot adjoining the rear of said corner lot. When the lot adjoining said corner lot along the rear line, does not front on the side street of the corner lot, the side yard shall not be less than two-thirds the front yard setback required for that district. The setback or yard area of any commercial or industrial use, or activity associated thereto, maintained on a parcel of land adjacent to a residential or agricultural district shall be two times that required within the district as specified above, or a minimum of 100 feet, whichever is greater; and said use or activity shall be effectively screened by compact evergreens, fence or wall, from any adjacent residential district.

Where property is contiguous to an existing or an officially proposed state trunkline or expressway, the minimum front, side or rear yard contiguous thereto shall be increased in depth so as to permit a: (1) 120-foot right-of-way for state trunklines; (2) 300-foot right-of-way for expressways.

3.

Accessory buildings shall not be closer to the street than the principal building except as may be allowed in other sections.

Schedule of Lot, Yard and Area Requirements (Agricultural/Residential)

Sec. 6.15.

Permitted Uses Within Districts
for Pavilion Township

X for Permitted Uses
S.E. for Special Exceptions

(Ord. No. 105, 5-8-95; Ord. No. 118, 5-8-00; Ord. No. 130, 5-12-03; Ord. No. 139, § 6, 9-8-06)

Sec. 6.71. Commercial solar energy system.

A.

Site selection. In the A-1 Agriculture District the system shall be sited on land that is predominately non-arable and non-productive for growing food crops due to soil type, soil conditions, topography, or other conditions. Not more than 20 percent of a site for this land use may include lands with soils conducive to the productive growing of food crops, which may include the area of any "dry corners" of otherwise irrigated acreage. Forested land shall not be cleared to provide a site for this land use.

B.

Lot coverage. The total area of this land use shall not exceed the lesser of 40,000 square feet or the otherwise permissible percentage of lot coverage for a principal building/structure in the applicable district, as specified in Section 6.14. Where this land use is proposed to be located on leased land, the maximum lot coverage percentage shall be calculated based on the total area of the overall subject parcel and not only the leased area.

C.

Setbacks. All collector panel structures and all related structural apparatus associated with this land use, including any appurtenant building, shall have a setback from each lot line in accordance with the generally applicable setback requirements for accessory buildings in the district, as specified in Section 6.14. Any portion of the system on leased land shall be subject to the generally applicable setback requirements for accessory buildings in the district, as specified in Section 6.14 as applied to each boundary of the leased land; in such circumstances the system shall also comply with the accessory building setback requirements as applied to the lot lines of the lot within which the leased land is located. In addition, where this land use is proposed to be located on any portion of a lot within or abutting any agricultural or residential district the Planning Commission may require an increased setback from the agricultural or residential district boundary line, but not exceeding twice the setback requirement that would otherwise generally apply as provided above. The Planning Commission shall make this additional setback determination on a site-specific basis pursuant to the standards for special land use approval as specified in Section 6.83 of the Zoning Ordinance.

D.

Height. The system may be mounted on a building and/or may be ground-mounted.

1.

The height of a roof-mounted system on a principal building or accessory building shall not exceed the applicable roof height limit for the district, as specified in Section 6.14. A wall-mounted system on a principal building or accessory building shall not exceed the applicable roof height limit for the district, as specified in Section 6.14. A roof-mounted system shall be subject to such other requirements as may be imposed by any applicable fire code or construction code:

2.

The height of a ground-mounted system shall not exceed the maximum height limit for an accessory building in the district, as specified in Section 6.14.

E.

Off-site impacts. The following requirements shall apply to the entire system, or to designated components of the system, as indicated:

1.

The collector panels and all other components of the system not within a fully enclosed building shall comply with all of the following:

a.

Designed and maintained with an anti-reflective surface material or coating;

b.

Designed and operated so as to not direct glare onto any adjoining property or any public road or other public way. This requirement applies whether collector panels are stationary or in a tracking array;

c.

Not be illuminated or have lighting of any kind; provided the Planning Commission may approve security lighting on a building pursuant to the standards for special land use approval specified in Section 6.83 of this Ordinance and/or the standards for site plan approval as specified in Section 5.2 of this Ordinance. Any such approved lighting shall be full cut-off.

2.

The system shall not display lettering, company insignia, advertising, or graphics of any kind on any part of the system, except such non-obtrusive lettering and/or insignia intended to identify the manufacturer, which shall not be visible from any adjoining property or adjoining public road or other public way.

3.

The area within which a ground-mounted system is located shall not be paved with asphalt/concrete or any other surface material that is impermeable to water. This shall not apply to a ground-mounted system located on an existing paved area such as a former building slab or in an unused parking area when adequate parking remains for the principal use. All surface water runoff from the site shall be effectively managed on-site.

4.

The Planning Commission may require reasonable measures to minimize visual impacts by preserving existing natural vegetation, requiring new vegetative screening and/or fencing, or other appropriate measures. The Planning Commission shall determine such visual screening measures as may be required, if any, on a site-specific basis pursuant to the standards for special land use permit approval as specified in Section 6.83 of this Ordinance and/or the standards for site plan approval as specified in Section 5.2 of this Ordinance, as most applicable to the circumstances. In making this determination the Planning Commission is specifically authorized to consider whether additional visual screening measures are appropriate where a system is proposed to be located on property in or adjoining a residential district.

F.

Installation and operational safety. The system shall comply with all of the following requirements:

1.

The system may be designed and constructed for interconnection to a public utility electrical power grid and be operated with such interconnection.

2.

The system and all foundation elements shall comply with all applicable building and electrical code requirements, and any applicable federal/state regulations. The manufacturer's engineer or another qualified engineer shall provide written certification that the design, installation (including foundations), and interconnection is compliant with the manufacturer and industry standards, all applicable local construction and electrical codes, and any applicable federal/state regulations.

3.

All electrical wiring shall be buried underground; except where the manufacturer's engineer or a qualified engineer employed by the public utility that owns/operates the electrical power grid to which the system shall be interconnected certifies an underground wiring installation is not permitted by an applicable code and/or applicable federal/state regulation, with attached complete documentation supporting any such certification.

4.

The interconnection of the system to the public utility electricity power grid shall be secure from unauthorized access.

5.

The system shall be properly maintained in accordance with the manufacturer's recommendations and so as to be operable as designed as evidenced by a maintenance plan and schedule submitted with the special land use permit application. If the maintenance procedures include the use of detergents or other non-organic substances to clean the solar collector panels and/or any other apparatus, the intended use of such products shall be disclosed in the special land use permit and/or site plan review application, with appropriate details on the type of product, the frequency and quantity of use, and the soil/water quality protection measures to be utilized as part of the maintenance plan. Any such soil/water quality protection measures shall also be included in a drainage/stormwater runoff management plan submitted as part of the special land use permit application (and shown on the site plan).

6.

If the system includes an access drive(s) for maintenance purposes, the surface of the access drive(s) shall be permeable, and any anticipated surface water runoff from the access drive(s) shall be effectively managed on-site.

7.

If the system will include any batteries for electricity storage, the location of the batteries shall be disclosed to and approved in writing by the Fire Chief and filed with the special land use permit and/or site plan review application for the system. Battery storage shall be designed, located and maintained so as to comply with all applicable codes and regulations.

8.

Before beginning any on-site work associated with the installation of this land use the owner of the premises (or the designee of the owner) shall submit to the Zoning Administrator sufficient documentation of compliance with all of the applicable requirements of this Ordinance, including the special land use permit approval as may be required by this ordinance and formal site plan approval granted by the Planning Commission.

G.

Decommissioning and removal. The system shall comply with all of the following requirements:

1.

The system shall have a decommissioning plan, documenting the anticipated useful life of the system, including any scheduled or otherwise likely collector panel replacements/upgrades, and detailing how the system will be dismantled and the site restored when the system is no longer in use. The decommissioning plan shall provide for the plan to be fully implemented and completed within 180 days after the system is no longer in use, by dismantling and removing from the premises all structural apparatus, including all foundation elements for ground-mounted collector panel support structures, and disposal of all solid and hazardous wastes offsite in accordance with all applicable laws and regulations. A system shall be deemed no longer in use, for purposes of this provision, when it has either been nonoperational or otherwise out of service for generating electricity for at least 180 days, or upon not being properly maintained for at least 60 days. Upon removal of the system the site shall be appropriately reclaimed, stabilized, and revegetated, within 30 days of the completion of the dismantling and removal of the system.

2.

The owner or operator of the system shall notify the Township by certified mail directed to the Clerk when the system is no longer in use and the decommissioning plan will therefore be implemented.

H.

Special land use permit and site plan application requirements. A special land use permit application for this land use, as may be required by this Ordinance, shall comply with Section 6.83 of this Ordinance. A formal site plan application for this land use shall comply with Section 5.2 of this Ordinance. Each such application shall also be subject to the following additional submission requirements:

1.

The formal site plan shall be submitted with or contemporaneous with the filing of the special land use permit application.

2.

The submission shall include content responsive to all of the following, to the extent not otherwise provided pursuant to the above-referenced sections of this Ordinance:

a.

All information and supporting materials relied upon by the applicant to demonstrate compliance with all special land use permit approval standards and site plan approval standards as specified in this Ordinance.

b.

All proposed changes to the landscape of the existing site, including grading, vegetation removal, fencing and vegetative screening.

c.

Drawings or blueprints showing the layout of the entire proposed system, including distances from all existing and proposed structures/buildings on the site to all lot lines including to all boundaries of a leased site, where applicable.

d.

The installed/completed height of all existing and proposed building/structures.

e.

A description and the basic specifications of all major components of the proposed system, including collector panels, mounting structures and inverters.

f.

Identification and contact information for the installer(s) of the proposed system.

g.

An electrical schematic plan for the proposed system, including disconnect and overcurrent devices.

h.

Written approval by the Fire Chief of an emergency plan for the proposed system when operational, including the means by which firefighters and other emergency services personnel can access and shut-down the system on an emergency basis. The approved emergency plan shall include a 24-hour emergency contact telephone number for use by emergency services providers. The means of emergency access and the means of an emergency shut-down of the system by emergency services personnel shall be conspicuously displayed on-site at the location of same as shown on the submitted emergency plan approved by the Fire Chief.

i.

If the system will include any batteries for electricity storage, the location of the batteries shall be disclosed on the site plan and approved in writing by the Fire Chief.

Sec. 6.72. Utility-scale solar energy electricity generating facility.

A.

Lot coverage. The total area of this land use shall not exceed the otherwise permissible percentage of lot coverage for a principal building in the applicable district, as specified in Section 6.14. Where this land use is proposed to be located on leased land, the maximum lot coverage percentage shall be calculated based on the total area of the underlying subject parcel and not only the leased area.

B.

Setbacks. All collector panel structures and all related structural apparatus associated with this land use, including any appurtenant building, shall have a setback from each lot line in accordance with the generally applicable setback requirements for principal buildings/structures in the district, as specified in Section 6.14. Any portion of the facility on leased land shall be subject to the generally applicable setback requirements for accessory buildings/structures in the district, as specified in Section 6.14, as applied to each boundary of the leased land; but in such circumstances the facility shall also comply with the principal building setback requirements as applied to the lot lines of the lot within which the leased land is located. In addition, where this land use is proposed to be located on any portion of a lot that abuts any residential district the Planning Commission may require an increased setback from the residential district boundary line, but not exceeding twice the setback requirement that would otherwise generally apply as provided above. The Planning Commission shall make this additional setback determination on a site-specific basis pursuant to the standards for special land use approval as specified in Section 6.83 of the Zoning Ordinance.

C.

Height. The height of all collector panel structures and all related structural apparatus shall not exceed the generally applicable maximum height limit for an accessory building in the district, as specified in Section 6.14. The height of any building associated with this land use, and any collector panel structures and related structural apparatus located on a building, shall not exceed the generally applicable maximum building height requirement for, as applicable, a principal building or accessory building in the district, as specified in Section 6.14.

D.

Off-site impacts. The following requirements shall apply to the entire facility, or to designated components of the facility, as indicated:

1.

The collector panels and all other components of the facility not within a fully enclosed building shall comply with all of the following:

a.

Designed and maintained with an anti-reflective surface material or coating;

b.

Designed and operated so as to not direct glare onto any adjoining property or any public road or other public way. This requirement applies whether collector panels are stationary or in a tracking array.

c.

Not be illuminated or have lighting of any kind; provided the Planning Commission may approve security lighting on a building pursuant to the standards for special land use approval specified in Section 6.83 of this Ordinance and/or the standards for site plan approval as specified in Section 5.2 of this Ordinance. Any such approved lighting shall be full cut-off.

2.

The facility shall not display lettering, company insignia, advertising, or graphics of any kind on any part of the system, except such non-obtrusive lettering and/or insignia intended to identify the manufacturer, which shall not be visible from any adjoining property or adjoining public road or other public way.

3.

The area within which a ground-mounted facility is located shall not be paved with asphalt/concrete or any other surface material that is impermeable to water; and all surface water runoff from the site shall be effectively managed on-site.

4.

The Planning Commission may recommend and the Township Board may require reasonable measures to minimize visual impacts by preserving existing natural vegetation, requiring new vegetative screening and/or fencing, or other appropriate measures. The Township Board shall determine such visual screening measures as may be required, if any, on a site-specific basis pursuant to the standards for special land use permit approval as specified in Section 6.83 of this Ordinance and/or the standards for site plan approval as specified in Section 5.2 of this Ordinance, as most applicable to the circumstances. In making this determination the Planning Commission and Township Board are specifically authorized to consider whether additional visual screening measures are appropriate where a facility is proposed to be located on property adjoining a residential district.

E.

Installation and operational safety. The facility shall comply with all of the following requirements:

1.

The facility shall be designed and constructed for interconnection to a public utility electrical power grid and shall be operated with such interconnection.

2.

The facility and all foundation elements shall comply with all applicable building and electrical code requirements, and any applicable federal/state regulations. The manufacturer's engineer or another qualified engineer shall provide written certification that the design, installation (including foundations), and interconnection is compliant with the manufacturer and industry standards, all applicable local construction and electrical codes, and any applicable federal/state regulations.

3.

All electrical wiring shall be buried underground; except where the manufacturer's engineer or a qualified engineer employed by the public utility that owns/operates the electrical power grid to which the facility shall be interconnected certifies an underground wiring installation is not permitted by an applicable code and/or applicable federal/state regulation, with attached complete documentation supporting any such certification.

4.

The interconnection of the facility to the public utility electricity power grid shall be secure from unauthorized access.

5.

The facility shall be properly maintained in accordance with the manufacturer's recommendations and so as to be operable as designed as evidenced by a maintenance plan and schedule submitted with the special land use permit application. If the maintenance procedures include the use of detergents or other non-organic substances to clean the solar collector panels and/or any other apparatus, the intended use of such products shall be disclosed in the special land use permit application, with appropriate details on the type of product, the frequency and quantity of use, and the soil/water quality protection measures to be utilized as part of the maintenance plan. Any such soil/water quality protection measures shall also be included in a stormwater runoff management plan submitted as part of the special land use permit application (and shown on the site plan).

6.

The facility may include an access drive(s) for maintenance purposes, but the surface of the access drive(s) shall be permeable, and any anticipated surface water runoff from the access drive(s) shall be effectively managed on-site.

7.

If the system will include any batteries for electricity storage, the location of the batteries shall be disclosed to and approved in writing by the Fire Chief and filed with the special land use permit application for the system. Battery storage shall be designed, located, and maintained so as to comply with all applicable codes and regulations.

8.

Before beginning any on-site work associated with the installation of this land use the owner of the premises (or the designee of the owner) shall submit to the Zoning Administrator sufficient documentation of compliance with all, of the applicable requirements of this Ordinance, including the special land use permit approval and formal site plan approval granted by the Planning Commission and Township Board.

F.

Decommissioning and removal. The facility shall comply with all of the following requirements:

1.

A documented decommissioning plan shall be provided and shall:

a.

State the anticipated life of the project;

b.

Describe estimated decommissioning costs in current dollars and provide that this figure will be updated every fifth year after commercial operation of the utility-scale solar panel energy system and shall not include any salvage value;

c.

Be signed by the party responsible for decommissioning and the landowner (if different);

d.

Define the conditions upon which decommissioning will be initiated (e.g., end of land lease, no power production for 12 months, etc.);

e.

State that all equipment, conduit, structures, fencing, roads, and foundations will be removed by the end of the decommissioning period;

f.

Require property to be restored to the condition it was in prior to the development of the utility-scale solar energy electricity generating facility;

g.

Describe the timeframe for completion of decommissioning activities;

h.

Describe any agreement (ex., lease) with the landowner regarding decommissioning;

i.

State the party currently responsible for decommissioning; and

j.

Describe any plans or circumstances requiring an update of the decommissioning plan.

2.

A recorded copy of the decommissioning plan shall be submitted to the Township.

3.

Decommissioning shall be completed within 12 months of determination by the Zoning Administrator that the solar farm is no longer being maintained in an operable state of good repair, unless the current responsible party with ownership interest in the facility provides substantial evidence to the Planning Commission of the intent to maintain and reinstate operation of the farm.

4.

A cash deposit, certified check, irrevocable bank letter of credit, surety bond, corporate guaranty, or other similar financial instrument acceptable to the Township Board that is equal to the cost of decommissioning is required. The amount of security shall be adjusted to equal the latest estimated net decommissioning costs under subsection F.1.b above. The cost shall not include any salvage value.

H.

Special land use permit and site plan application requirements. A special land use permit application for this land use shall comply with Section 6.83 of this Ordinance. A formal site plan application for this land use shall comply with Section 5.2 of this Ordinance. Each such application shall also be subject to the following additional submission requirements:

1.

The formal site plan shall be submitted with or contemporaneous with the filing of the special land use permit application for a utility-scale solar energy electricity generating facility.

2.

The submission shall include content responsive to all of the following, to the extent not otherwise provided pursuant to the above-referenced sections:

a.

All information and supporting materials relied upon by the applicant to demonstrate compliance with all special land use permit approval standards and site plan approval standards as specified in this Ordinance.

b.

All proposed changes to the landscape of the existing site, including grading, vegetation removal, fencing and vegetative screening.

c.

Drawings or blueprints showing the layout of the entire proposed facility, including distances from all existing and proposed structures/buildings on the site to all lot lines including to all boundaries of a leased site, where applicable.

d.

The installed/completed height of all existing and proposed building/structures.

e.

A description and the basic specifications of all major components of the proposed facility, including collector panels, mounting systems and inverters.

f.

Identification and contact information for the installer(s) of the proposed facility.

g.

An electrical schematic plan for the proposed facility, including disconnect and overcurrent devices.

h.

Written approval by the Fire Chief of an emergency plan for the proposed facility when operational, including the means by which firefighters and other emergency services personnel can access and shut down the facility on an emergency basis. The approved emergency plan shall include a 24-hour emergency contact telephone number for use by emergency services providers. The means of emergency access and the means of an emergency shutdown of the facility by emergency services personnel shall be conspicuously displayed on-site at the location of same as shown on the submitted emergency plan approved by the Fire Chief.

i.

If the system will include any batteries for electricity storage, the location of the batteries shall be disclosed on the site plan and approved in writing by the Fire Chief.

Sec. 6.73. Private accessory solar energy system.

A private accessory solar energy system may be sited as an accessory use on any premises in any zoning district, after issuance of a zoning compliance permit from the Zoning Administrator, and subject to the following requirements and limitations:

A.

Maximum height. The system may be mounted on a building and/or may be ground-mounted.

1.

The height of a roof-mounted system on a principal building or accessory building shall not exceed the applicable roof height limit for the district, as specified in Section 6.14. A wall-mounted system on a principal building or accessory building shall not exceed the applicable roof height limit for the district, as specified in Section 6.14.

2.

The height of a ground-mounted system shall not exceed the maximum height limit for an accessory building/structure in the district, as specified in Section 6.14.

B.

Roof placement. A roof-mounted system shall be placed on the roof in compliance with requirements imposed by the applicable fire code and construction code.

C.

Total area. The total area of the collector array and all apparatus associated with the system shall not be larger than the square footage of the roof or overhang the roof. A ground-mounted system shall not exceed the maximum building square footage limit on accessory building/structures as is generally applicable in the district as specified in Section 6.14, as applied to the total area of all accessory buildings on the premises or 500 square feet, whichever is less.

D.

Setbacks and location. The collector array and all other apparatus associated with a ground-mounted system shall comply with the otherwise applicable accessory building setback requirements of Section 6.4 and Section 6.14.

E.

Off-site impacts. The collector panels and all other components of the system not within a fully enclosed building shall comply with all of the following requirements:

1.

All components of the system not fully enclosed within a building shall be designed and maintained with an anti-reflective surface material.

2.

All components shall be designed and operated to not direct glare onto any adjoining property or any public road or other public way.

3.

The system shall not be illuminated, or have lighting of any kind.

4.

Lettering, company insignia, advertising, or graphics of any kind shall not be displayed on any part of the system, except such non-obtrusive lettering and/or insignia intended to identify the manufacturer and not visible from any adjoining property or adjoining public road or other public way.

5.

The area within which a ground-mounted system is located shall not be paved with asphalt/concrete or any other surface material that is impermeable to water. This shall not apply to a ground-mounted system located on an existing paved area such as a former building slab or in an unused parking area when adequate parking remains for the principal use. All surface water runoff from the site shall be effectively managed onsite.

F.

Installation and operational safety. The system shall comply with all of the following requirements:

1.

The system shall be installed, maintained, and used in accordance with manufacturer's directions.

2.

If the system will include any batteries for electricity storage, the location of the batteries shall be disclosed to and approved in writing by the Fire Chief and filed with the zoning compliance permit application for the system. Battery storage shall be designed, located, and maintained so as to comply with all applicable codes and regulations.

3.

The system shall not be made operational until the Zoning Administrator has issued a zoning compliance permit upon verifying compliance with all of the foregoing requirements, and has received from the Electrical Inspector (and, where applicable, from the Building Official) a statement that the completed system installation complies with all applicable construction code requirements.

G.

Removal. The system, including all structural support components, shall be dismantled and removed when the system is no longer functional due to age, abandonment, or other cause. All removed components of the system intended for disposal shall be disposed of off-site in accordance with all applicable laws and regulations.

(Ord. No. 177, §§ 13—15, 11-13-23)