Be clearly incidental and subordinate to, and customarily and commonly associated with, the operation of the principal use.

Be operated and maintained under the same ownership as the principal use.

Be operated and maintained on the same lot as the principal use or on a contiguous lot.

Not include structures or structural features inconsistent with the principal use.

No accessory building may be used as a dwelling except as provided for in § 42-8.01.1, Accessory dwelling units and § 42-8.12, Guesthouses.

There is no limit on the number of residential accessory buildings on a lot or parcel. The total combined floor space of the accessory building(s) shall not exceed the following limits:

A lot or parcel shall not be reduced to a size or configuration that would result in nonconforming accessory building square footage or setback violations.

When an accessory building is not structurally attached to the residence, it shall be located in the side or rear yard. The definition of "lot line, front" set forth in § 42-2.02 shall determine the "front yard."

An accessory building shall comply with all applicable setback, height, and lot coverage requirements set forth in Article 6.00 or elsewhere in this chapter.

Setbacks shall not be reduced less than six feet from property lines.

The accessory building shall not be used for any purpose/use other than as approved by the Planning Commission.

The accessory building as approved by the Planning Commission shall not be eligible for any variance relief from the Zoning Board of Appeals from any size, location, height, and/or lot coverage requirement approved by the Planning Commission.

An accessory building for which special land use approval is required under this subsection shall also be subject to site plan review pursuant to § 42-11.02. The special land use permit application shall be accompanied by a site plan of the subject property containing the following information:

When reviewing accessory building modifications, the following factors shall be considered:

Except as otherwise provided in this section, an ADU is allowed only on a lawful conforming lot that is occupied by a lawful single-family dwelling. An ADU is not allowed on a lot that is occupied by living quarters on a farm for the owner's immediate family or for farm employees, a guest house, or a residential facility licensed by the state pursuant to Public Act 218 of 1979, as amended or Public Act 116 of 1973, as amended.

Only one ADU is allowed per lot.

An ADU shall not be sold separately from the principal single-family dwelling on the lot.

The total floor area of the ADU shall not exceed the area of the existing first floor of the principal single-family dwelling on the lot. An ADU located on a second floor shall not exceed the area of the first floor of the building. An interior stair floor area shall not count toward the floor area calculation of the ADU.

The building height restrictions of the zoning district shall apply, except that the ADU shall not exceed the height of the principal single-family dwelling on the lot.

The building setbacks of the zoning district shall apply.

Detached ADUs shall be located closer to the principal single-family dwelling on the lot than to the principal dwelling on an adjacent lot.

Detached ADUs shall not be located within the front yard. Corner lots are considered to have a front yard along each street frontage.

An otherwise permissible ADU is allowable as a special land use where the ADU: Is located on a lawful nonconforming lot; Is located within an accessory building (detached ADU) that is authorized per Section 8.01 on an otherwise vacant lot that is within 250 feet of the lot occupied by the principal single-family dwelling; and/or Does not comply with applicable floor area, height, and or location requirements, subject to the provisions of this section pertaining to special land uses, and the additional requirements of this section. Where an ADU is authorized to be located on an otherwise vacant lot, the associated lot occupied by the principal single-family dwelling and the vacant lot shall be considered as a single lot in the application of the provisions of this section. The associated lot occupied by the principal single-family dwelling and the vacant lot shall be treated as separate lots in the application of lot coverage, setback and yard area requirements.

The ADU shall be compatible in general exterior appearance to the principal single-family dwelling on the lot in terms of building materials, colors and landscaping.

The ADU shall be served by the same driveway that serves the principal single-family dwelling on the lot, unless the ADU is located on an otherwise vacant lot.

An ADU shall be provided a minimum of one parking space, in addition to the two parking spaces required for the principal single-family dwelling on the lot. The ADU parking space(s) may be provided as tandem or stacked parking on an existing driveway.

The ADU shall be served by approved water and sewer facilities.

The ADU shall meet all applicable requirements of the locally adopted building code and fire code, including adequate emergency access.

Either the principal single-family dwelling or the ADU shall be owner-occupied.

Leasing or rental of the ADU for less than 30 days is prohibited.

A deed restriction that runs with the land must be filed with the Register of Deeds that incorporates the following restrictions:

Prior to the issuance of a building permit for an ADU, the Township Zoning Administrator shall determine that the proposed ADU meets the standards of this section. The following information shall be submitted for review:

The approval of an ADU shall expire within one year after the date of such approval unless a building permit has been issued and construction has commenced.

The building permit and any other form of approval issued for an ADU shall be subject to revocation by the Township upon a finding by the Township or its lawfully authorized designee, that there is in fact noncompliance with the conditions and requirements contained in this Section.

The establishment shall be the principal dwelling unit on the property and shall be owner-occupied at all times.

The rooms utilized for sleeping shall be a part of the primary residential use and not specifically constructed for rental purposes; provided, however, that carriage houses in existence as of the effective date of this section, and located on the same parcel as a bed-and-breakfast inn may be utilized for sleeping rooms, in accordance with this section.

The rental sleeping rooms shall have a minimum size of 120 square feet for one or two occupants with an additional 30 square feet for each occupant to a maximum of four occupants per room.

There shall be no separate kitchen facilities in the guest room or available to guests.

Two off-street parking spaces for use by the owner and one parking space per rental sleeping room shall be provided.

The bed-and-breakfast inn shall not alter the residential character of the building or structure nor the essential character of the area in terms of traffic generation or appearance.

The permit holder shall secure and maintain all required state and local permits.

The establishment shall be the principal dwelling unit on the property and shall be owner-occupied at all times.

The rooms utilized for sleeping shall be a part of the primary residential use and not specifically constructed for rental purposes; provided, however, that accessory dwellings in existence as of the effective date of this section, and located on the same parcel as a boardinghouse, may be utilized for sleeping rooms, in accordance with this section.

There shall be no separate cooking facilities in the guest rooms.

One bathroom per two guest bedrooms shall be provided.

Two off-street parking spaces for use by the owner and one parking space per rental sleeping room shall be provided.

The boardinghouse shall not alter the residential character of the building or structure nor the essential character of the area in terms of traffic generation or appearance.

The permit holder shall secure and maintain all required state and local permits.

All publicly and/or privately owned campgrounds shall comply with Michigan's Public Health Code, 1978 PA 368, as amended (the Act),[1] and the administrative rules adopted pursuant to the Act.

A license from the Michigan Department of Environmental Quality is required to operate a campground.

Commercial uses designed and intended to serve primarily the convenience or recreational needs of the campground tenants shall be allowed. No commercial use in a campground may be located abutting a public street bordering the campground. Off-street parking for commercial uses in the campground shall be provided in accordance with the parking standards set forth in § 42-9.12.

Screening shall be established between any campground improvements and an adjacent premises used or zoned for residential purposes.

Campsites, common use areas, roadways and permanent buildings in the campground shall be so situated and designed as to minimize any adverse effects therefrom to owners and occupants of adjacent properties.

The lots shall be subject to the lot, yard and area requirements set forth in Article 6.00, with the exception of lot area, lot width, and lot frontage requirements.

The lots shall be contiguous.

An area equal to or greater than the lots being created shall be set aside as permanent open space. These open spaces may be easements located on each of the lots or a single easement.

The open space shall be used for agricultural, conservation or recreational.

The open space shall be set aside through an irrevocable conveyance such as: recorded deed restrictions, covenants that run perpetually with the land, or conservation easements. The conveyance shall assure that the open space will be protected from all forms of development except as permitted under this provision.

Further division of the open space for use other than agricultural, conservation, or recreational, except for easements for utilities and driveways, shall be strictly prohibited.

The open space shall be maintained by parties who have an ownership interest in the open space. Maintenance responsibilities shall be specified in a deed restriction.

A survey and legal description of the open space, as well as deed restrictions establishing the maintenance responsibilities of the open space, shall be provided with the land division application.

Public water and sanitary sewer services shall be required where reasonably available. Where such services are not reasonably available, lots shall meet Van Buren County Health Department requirements for private well and sanitation systems.

Any new utility lines to serve the lots shall be installed underground.

All lots shall have access limited to a shared residential driveway or a private road. A shared residential driveway may serve a maximum of two lots. A private road may serve a maximum of four lots.

A private road in conjunction with a clustered land development shall be established in accordance with the provisions of § 42-9.15.

Each child-care facility shall be duly licensed or registered by the State of Michigan Department of Social Services (DSS) continuously and for all times it is operating as a child-care facility. Any child-care facility whose license or certificate of registration by the State of Michigan is no longer valid and/or which has been revoked or denied or refused by the DSS shall immediately lose its status and authorization to continue to operate.

Buildings and lots used for child-care facilities shall conform to all state, DSS, and local requirements, rules, and standards.

Each child-care facility shall provide, equip, and maintain on the premises the minimum square feet of indoor floor space and outdoor play area as required by the DSS. An applicant for a group child-care home or child-care center or day-care center shall submit to the Planning Commission sufficient information and documentation regarding the maximum number of children allowed and the amount of indoor floor space and outdoor play area required by the DSS for the proposed child-care facility prior to obtaining a special land use permit or site plan approval to operate within the Township.

The lot occupied by any child-care facility shall have a fence which shall be not less than four feet but not more than six feet in height and which shall completely enclose the outdoor area where the minor children play or congregate, except that interior fences within a mobile home park shall not exceed 36 inches in height. However, the provisions of this subsection shall not apply to family child-care homes.

A group child-care home licensed or registered under Michigan Public Act 116 of 1973[1] shall be issued a special land use permit if the group child-care home meets the following standards:

A medical and/or recreational marihuana facility may be authorized to operate within the Township by the holder of a state operating license, pursuant to the Medical Marihuana Facilities Licensing Act (MMFLA), Act 281 of 2016, as amended,[1] and/or the Michigan Regulation and Taxation of Marihuana Act (MRTMA), Initiated Law 1 of 2018, as amended,[2] as well as the state rules promulgated under the respective statutes, if in compliance with all state and local law.

No medical and/or recreational marihuana facility shall be located within 500 feet of any school, public park/playground, public library, church or medical facility with the minimum distance between uses measured between the facility and the nearest property line of the school, public park/playground, public library, church or medical facility.

Outdoor trash containers or dumpsters may be required to control the disposal of waste or by-products from any facility operation. When required, an outdoor trash container or dumpster shall be subject to the following:

A medical and/or recreational marihuana facility shall be reviewed in consideration of the following:

Existing or approved nonconforming medical and/or recreational marihuana grower facilities in the AGR and ARR zoning districts are subject to the following:

Annual review. A facility shall be subject to an annual review by the Planning Commission to confirm compliance with the special land use permit and the provisions of this chapter.

All such operations shall be located on a primary road, as defined by the Van Buren County Road Commission, for ingress and egress thereto, or on a road which does not create traffic through an area developed primarily for residential purposes.

Sufficient setbacks shall be provided from all property lines and public highways to assure adequate lateral support for adjacent public and private property. No such excavation operation shall be permitted closer than 150 feet to interior boundary lines of the property or such larger setback as may be required by the Planning Commission to adequately protect adjoining properties. However, if the adjoining property is also used for such mining and excavation operation, then the Planning Commission may reduce or eliminate the required setback from that interior boundary line. In addition, such setback may be temporarily reduced to 50 feet if reclamation of the land is promptly effected to increase the setback to at least 150 feet in accordance with the reclamation plan approved by the Commission and adequate lateral support as set forth is at all times maintained.

No such excavation operation shall be permitted within 50 feet of adjoining public rights-of-way except for the lowering of land adjoining said rights-of-way to the grade level of said rights-of-way. Such excavation businesses shall at no time be permitted where adequate lateral support for the maintenance of adjoining lands is not maintained.

The permanent processing plant and its accessory structures shall not be located closer than 100 feet from the interior property lines and adjoining public rights-of-way and shall, where practicable, be located at a lower level than the surrounding terrain to lessen visual and noise impact. In addition, the foregoing shall apply to the digging or excavating apparatus and to the stockpiling or loading of materials and to the location of transportation equipment.

No such excavation operation shall be located within 100 feet of the banks of any stream or waterway unless previously approved, in writing, by the Michigan Water Resources Commission, or such other state commission having jurisdiction thereof. No such mining operations shall interfere with the natural established flow of surface waters to the detriment or damage of adjoining public or private properties.

Noise and vibration shall be minimized in their effect upon adjacent property by the use of modern equipment designed to accomplish such minimization and by proper use of berms, walls, and natural planting screens. All equipment shall be maintained and operated in such a manner so as to eliminate, as far as practicable, excessive noise and vibrations which are not necessary in the operation of such equipment.

Air pollution in the form of dust and dirt shall also be kept to a minimum by the use of modern equipment and methods of operation designed to avoid any excessive dust or dirt or other air pollution injurious or substantially annoying to adjoining property owners. Interior and adjoining roads used in the operations shall have their surface treated to minimize any such nuisance.

The operation shall be restricted to the hours of 7:00 a.m. until 7:00 p.m. The Planning Commission may permit operations beyond these time periods if the nature of the operation requires longer hours and the effect upon adjacent properties is minimized to an acceptable level appropriate for such extended hours of operation.

All dangerous excavations, pits, or pond areas shall be fenced and posted with signs around the perimeter thereof and maintained to prevent injury to children or others, and shall be eliminated as expeditiously as possible.

Reclamation and rehabilitation of mined areas shall be accomplished as soon as practicable following the mining or excavation of an area. Rehabilitation and reclamation shall be commenced immediately upon the termination of the mining or excavation operations in any area consisting of one acre or more. Substantial completion of reclamation and rehabilitation shall be effected within one year after termination of mining or excavation activity. Inactivity for a twelve-month consecutive period shall constitute, for this purpose, termination of mining activity.

The following standards shall control reclamation and rehabilitation:

A performance bond, cash, or bank letter of credit shall be furnished to the Township Clerk insuring the proper rehabilitation and reclamation of the mined and excavated areas prior to the commencement of any such mining or excavating operations. The amount of the guarantee shall be not less than $3,000 per acre proposed to be mined or excavated in the following twelve-month period and which has previously been mined or excavated during any preceding period and not reclaimed and rehabilitated in accordance with this chapter and the applicant's filed plan. Mined areas resulting in a water depth of five feet of more shall be deemed to be reclaimed areas to within 15 feet of any vertical shoreline thereof and to the extent of the shoreline where the same has been sloped to a grade of not more than one foot vertical to four feet horizontal, for the purpose of this financial guarantee. Such financial guarantee shall be reviewed annually on or about the anniversary date of the excavation permit for adjustment and compliance with the foregoing requirements by the Zoning Inspector of the Township and the Planning Commission. In no event shall such financial guarantee be less than $3,000 in amount.

No earth removal, quarrying, gravel processing, mining and related commercial mineral extraction businesses shall be allowed or commenced until a plan has been submitted to the Planning Commission disclosing compliance with all of the provisions of the within ordinance or the manner in which compliance will be secured by the applicant. Such plans shall include, among other things, the following:

After receiving an application for a grant of a special land use permit for an earth removal, quarrying, gravel processing, mining, or related commercial mineral extraction business accompanied by the required plans and specifications and permit fees, the Planning Commission shall hold a public hearing upon such application in the same manner as set forth in Article 7.00 pertaining to special land uses.

The extraction, by mining, of valuable natural resources from any property shall not be prevented unless very serious consequences would result from the extraction of those natural resources.

In making any decision, the Planning Commission shall have the right and authority, as set forth in Article 7.00, to impose additional conditions and limitations with respect to the proposed special land use.

Except as otherwise provided herein, all parties receiving a special land use permit hereunder shall be required to carry personal injury and property damage insurance while unreclaimed or unrehabilitated area exists, in the amount of not less than $1,000,000 for each person or property injured or damaged and not less than $4,000,000 for injury or damage to more than one person or one person's property arising out of one occurrence. Such insurance shall cover injury or damage occurring upon the site of the operations as well as upon other properties as a result of conditions or activities existing upon the site.

The Planning Commission shall have the authority to increase this minimum liability insurance requirement at the time of granting the special land use permit if the Planning Commission determines, in its sole reasonable discretion, that, because of unusual characteristics concerning the nature or location of the proposed operation, additional minimum liability insurance is necessary to adequately protect persons and property on or near the site of the operation. Similarly, the Planning Commission shall have authority to grant a partial waiver reducing the dollar amount of the insurance coverage required hereunder if the Planning Commission determines, in its sole reasonable discretion, that based upon the specific nature of the proposed operation, the property upon which it is located and/or the nature of the surrounding area, insurance coverage in such lesser dollar amount would adequately protect persons and property on or near the site of the operation.

A copy of the insurance policy shall be filed with the Township Clerk prior to commencing a special land use approved hereunder. The deductible written into the insurance policy shall not exceed 5% of the per-incident limit of the liability of the policy. The coverage obtained by the owner/operator to fulfill the requirements of this section shall include the provision that the insurer shall notify the Township Clerk in writing at least 30 days before lapse or cancellation of the insurance for any reason.

Sales of farm products or commodities that have been processed/converted into a value-added product are allowed. Such farm products or commodities shall meet State of Michigan guidelines for "cottage food" items.

A parking area equivalent to one parking space per 25 square feet of the farm market area is required. Parking areas are not subject to paving requirements but shall be clearly marked and provide adequate turnaround area outside of the road right-of-way.

Ingress to and egress from the premises shall be adequate to ensure the orderly flow of traffic onto and off of the premises and to ensure access for ambulance, fire equipment, and other emergency vehicles.

Off-street parking shall be in accordance with the provisions of § 42-9.12 and sufficient to accommodate peak periods of use.

Rubbish disposal shall be handled in such a manner as will avoid any littering upon adjoining properties.

Adequate public restrooms and other sanitary facilities shall be provided and properly maintained; commensurate with the anticipated peak attendance at the particular activity involved.

Security arrangements shall be made, including the hiring of any necessary security personnel, as are necessary and sufficient to provide for the adequate security and protection of the persons attending the outdoor activity and for the preservation of order and protection of property in and around the site of the outdoor activity.

Camping incidental or accessory to the principal activity may be allowed by the Planning Commission subject to compliance with the requirements of § 42-8.04.

Foster care facilities serving more than six residents shall not be considered a single-family dwelling.

Foster care facilities shall, as a condition of special land use approval, at all times maintain all valid state and local licenses.

A foster care facility shall not be located within 1,500 feet of any other foster care facility.

All outdoor lighting shall be in accordance with § 42-9.13.

All off-street parking shall be in accordance with § 42-9.12 and shall satisfy peak parking needs.

A landscape buffer shall be provided along all property lines that abut a less intense land use and around the perimeters of all parking areas visible from adjacent properties or streets.

The foster care facility shall maintain the property consistent with the visible characteristics of the surrounding area.

No more than one guesthouse shall be allowed on a lot.

A guesthouse may be located within an accessory building.

A guesthouse shall be used only to house guests of the occupants of the principal dwelling on the lot.

A guesthouse shall not be rented or used for commercial purposes.

A guesthouse may not:

The kennel shall be operated in conformance with all applicable county and state laws and regulations.

The kennel shall be located on property with a lot area of at least five contiguous acres for a kennel with a capacity for up to 10 dogs, and an additional one acre for each three additional dog capacity, up to a limit of 25 dogs.

The facilities and activities of a kennel that is not fully enclosed and/or that has any outside animal runs shall be located at least 500 feet from all boundary lines of any residential zoning district, and at least 500 feet from all lot lines of any property upon which a dwelling is situated.

A kennel intending to offer any outside dog exercise opportunities shall enclose the area intended to be used for such purposes with fencing at least six feet in height, and otherwise sufficient to preclude dogs from straying beyond the exercise area.

A kennel with an approved outside dog exercise area, but without any outside animal runs, shall not allow dogs outside except in the approved exercise area, for reasonable periods of time, and shall be operated in such a manner as to not allow more than four dogs in the exercise area at the same time.

Outside animal runs and/or outside dog exercise areas shall be sufficiently monitored such that any dog(s) engaging in repetitive barking shall be promptly brought inside.

The kennel shall have waste disposal systems adequate to handle all animal waste generated by the facility at its maximum capacity.

The kennel shall be designed, constructed, operated and maintained in such a manner as to at all times provide humane, clean, dry, and sanitary conditions for each animal kept on the premises, including sufficient square footage for each animal, in accordance with applicable state laws and regulations, and the recommendations of the American Kennel Association.

A kennel that is not fully enclosed and/or that has any outside animal runs shall not create noise, odor, or other objectionable characteristics incident to the operation of the facility that is discernible beyond the boundaries of the property upon which the facility is located. A fully enclosed kennel (including a facility with an approved outside exercise area) shall not create noise, odor, or other objectionable characteristics incident to the operation of the facility that is discernible beyond the boundaries of the property upon which the facility is located at a level beyond what is reasonable and customary in residential areas where dogs reside with residents.

A kennel may be located on the same lot as a single-family dwelling owned by the owner and/or operator of the kennel; provided that in such circumstances the nature and character of all buildings and facilities used for kennel purposes shall be aesthetically compatible with the dwelling use of the premises and with the principal uses of all adjoining properties.

Sufficient off-street parking shall be provided upon the premises upon which the kennel is operated to accommodate all potential customers and employees, and to prevent any traffic congestion as a result of the kennel. The off-street parking area shall, at a minimum, be gravel surfaced. The Planning Commission may require the off-street parking area to be hard-surfaced with asphalt or concrete pavement, if the parking area is located such that fugitive dust from an unpaved parking area will migrate off site and be detrimental to the uses and occupants of adjoining property, or to the public health, safety and welfare, generally.

The Planning Commission may require a vegetative buffer to be installed and maintained around the perimeter of some or all of the kennel facilities for visual screening and/or noise abatement purposes, and/or to diminish off-site distractions to any dog(s) that may be in any permissible exercise area or other permissible outside area. The Planning Commission may determine whether to impose such requirements and/or the extent of such requirements as a condition of approval of the special land use permit and/or as a condition of approval of a subsequent site plan for the facility.

The home occupation conducted upon the premises is clearly incidental and subordinate to the principal use of the premises for residential purposes.

The home occupation shall be conducted within the dwelling, attached garage or in a detached accessory building located on the same premises as the dwelling. The term "premises" as used in this section shall include adjoining parcels under common ownership and occupancy. This term shall also include parcels under common ownership and occupancy that would be contiguous to one another except for an intervening public or private right-of-way.

No occupation conducted upon the premises shall occupy an area greater than 25% of the combined floor area of the dwelling and any open porch, attached garage and detached accessory building(s).

The home occupation must be owned and operated by a person or persons residing on the premises. However, the Planning Commission shall have the authority to permit additional assistants who do not so reside within such dwelling where the same would not materially impair the rural character of the general area or cause traffic congestion or parking problems.

No home occupation shall be conducted upon or from the premises which would constitute a nuisance or annoyance to adjoining residents by reason of noise, smoke, odor, electrical disturbance, traffic, parking, or lighting.

There shall be no alteration in the rural character of the premises in connection with such home occupation.

All articles or material used in connection with the home occupation shall be stored in an enclosed building.

No article or service shall be sold or offered for sale on the premises except as is produced on the premises by the home occupation or is clearly incidental and directly related to the principal activity constituting the home occupation.

The home occupation special land use permit may be revoked by the Planning Commission for noncompliance with this chapter and/or the terms and conditions of the special land use permit. Any such revocation shall be preceded by not less than seven days' written notice by first class mail to the occupant of the subject property of the proposed revocation, the reasons therefor, and the date, time, and place of the hearing at which the Planning Commission will consider such revocation.

The home occupation shall be permitted only after the issuance of a special land use permit as provided in this chapter. A home occupation shall not be allowed if the Planning Commission determines that the home occupation would alter or change the rural/residential character of the area.

A sketch plan containing the following information shall accompany any application for a special land use permit for a home occupation:

This section is intended to promote local agricultural production by allowing the construction of microbrewery, winery, cidery and distillery production facilities, along with associated tasting rooms and retail sale of related products.

This section is intended to encourage the growing of crops and production as an integral component of the rural and agricultural ambiance of Paw Paw Township and to maintain the viability of farming in Paw Paw Township by allowing valued added processing and direct sales of beverages.

If required by law, a microbrewery, winery, cidery or distillery must be licensed by the applicable federal, state and/or local agency and shall provide proof of such licensing (or pending application) with the special land use application. All required licensing must be kept current by the licensee. The facility shall comply with the requirements of said license at all times.

Microbreweries, wineries, cideries and distilleries may also include ancillary services such as tasting rooms, associated food service and sale of associated retail products. Any ancillary services must obtain all appropriate licenses as required by the federal, state and/or local agencies and provide proof of such licenses (or pending application) with the special land use application. All required licensing must be kept current by the licensee. The facility shall comply with the requirements of said license at all times.

All production activities shall take place within a fully enclosed building.

All buildings and structures used for microbrewery, winery, cidery or distillery purposes must meet minimum required setbacks in the applicable zoning district. However, in order to encourage the use and/or reuse of existing structures, the Planning Commission may consider reduction of setback requirements, upon site plan review and a finding that such reduction in the required setback will not be injurious to the public health, safety and welfare and will not cause negative impacts on surrounding properties or public areas (including roads and road rights-of-way).

The development site shall be at least two acres in size.

All outdoor storage areas shall be fenced and screened from view from adjoining roadways and residentially used and/or zoned properties.

All outdoor storage areas shall be provided with a smooth and dust-free surface.

All parking, maneuvering, and drive aisles around and adjacent to mini/self storage buildings shall be at least 28 feet in width, except that end aisles shall be at least 40 feet in width.

The home occupation shall be conducted entirely within the dwelling.

No home occupation conducted within the dwelling shall occupy an area greater than 25% of the total floor area of the dwelling exclusive of any open porch, attached garage, or similar space not suited for or intended to be occupied as living quarters. In no event, however, may a home occupation occupy an area greater than 300 square feet.

The home occupation must be owned and conducted by a person or persons residing in the dwelling on the premises.

No occupation shall be conducted upon or from the premises which would constitute a nuisance or annoyance to adjoining residents by reason of noise, smoke, odor, electrical disturbance, traffic, parking, or lighting.

There shall be no alteration in the residential character of the premises in connection with such home occupation.

There shall be no external evidence of said home occupation, such as window displays, other than the small nameplate sign as specified herein.

No article or service shall be sold or offered for sale on the premises except as is produced on the premises by the home occupation or is clearly incidental and directly related to the principal activity constituting the home occupation.

Adequate security outdoor lighting shall be provided upon the premises to illuminate any outdoor goods, merchandise or activities located thereon.

Outdoor display or parking of sales items and equipment shall be maintained on a dust-free surface.

The size and location of such outdoor sales businesses shall not be such as to unreasonably interrupt or impede pedestrian or vehicular travel by customers or patrons of adjoining commercial businesses.

Vehicle service activities shall occur within a completely enclosed building.

Partially dismantled vehicles, damaged vehicles, new and used parts, and discarded parts shall be stored within a completely enclosed building.

Outdoor sales lots, parking areas, and other vehicle maneuvering areas shall comply with the locational requirements for parking lots as specified in § 42-9.12, with the exception of the front setback requirement.

A minimum of two access streets connecting said development to a public street shall be provided. The Planning Commission may waive this requirement upon a finding that due to the particular characteristics of the proposed development, a second access street would not improve traffic safety.

Adequate frontage shall be provided to accommodate any ingress/egress design requirements.

The minimum allowable distance between buildings shall be 50 feet.

The minimum dwelling unit sizes shall be as follows:

Buildings shall not contain more than eight dwelling units and shall not contain more than four units if located within 150 feet of a single-family residential district. No more than four units shall be allowed on the first-floor level.

Multiple-family developments shall not exceed eight dwelling units per acre.

Each dwelling unit containing more than two bedrooms shall be provided an additional parking space for each additional bedroom. All off-street parking shall be in accordance with § 42-9.12.

An outdoor recreation area equivalent to 500 square feet per dwelling unit shall be provided. "Recreation area" is defined for the purposes of this chapter as that area specifically set aside for outdoor leisure activities.

A multiple-family development containing 40 or more dwelling units shall provide a minimum of 800 square feet of indoor recreation area at a single location. An additional 100 square feet of indoor recreation area shall be provided for every eight additional dwelling units. Any one indoor recreation area shall be a minimum of 800 square feet.

All utility lines shall be placed underground.

Lot area, lot width, and any other dimensional requirement of the zoning district shall be complied with; provided that no item or items displayed outdoors shall be greater than 35 feet in height.

All exterior lighting shall be in accordance with § 42-9.13.

The Planning Commission may establish, as a condition of approval, hours of operation for the open air business.

The Planning Commission may establish, as a condition of approval, buffering mechanisms, including, but not limited to, evergreen landscaping, berms, and fencing; and such conditions may be in addition to the screening standards of § 42-9.17 to mitigate the visual impact of an open air business.

The Planning Commission may make reasonable inquiries of the applicant, including, but not limited to, what types of items will be for sale. Certain items, as determined by the Planning Commission, may be restricted for display to rear or side yards and with adequate screening or fencing.

Unless specifically approved by the Planning Commission, the use of amplifiers, banners, and other attention gathering devices shall be prohibited.

The outdoor sales/display area shall be paved, or otherwise provided with a dust-free surface. The site plan shall include measures satisfactory to the Planning Commission to contain blowing dust, trash and debris on the site.

The purpose of this section is to offer an alternative to traditional subdivisions through the use of open space preservation development opportunities, as authorized by Section 506 of the Michigan Public Act 110 of 2006,[1] as amended, for the purpose of:

These regulations are intended to result in a development substantially consistent with these chapter requirements, generally, yet allowing for specific modifications from the general requirements. These regulations are not intended as a device for ignoring the Township's zoning requirements or the planning concepts upon which this chapter has been based.

An "open space preservation development" is defined as a residential development where the protection of substantial open space is the primary site development consideration, and the clustering or grouping of dwelling units and/or sites upon a small portion of the property is a fundamental feature.

An open space preservation development shall be permitted within the "CSV," "AGR," "ARR," "LDR," "WFR" and "VE" Zoning Districts, subject to the following requirements and standards.

A minimum of 50% of the gross contiguous land area of the open space preservation development shall be designated as "open space."

All significant/sensitive environmental resources (steep slopes, wetlands, woodlands, prime agricultural soils, scenic features, etc.) should be considered for inclusion within the designated open space.

The following land areas within the boundaries of the open space preservation development shall not be included as designated open space:

Designated open space shall remain perpetually in an undeveloped state. "Undeveloped state" shall be defined as a natural state preserving natural resources, natural features, or scenic or wooded conditions; agricultural use; open space; or a similar use or condition. Land in an undeveloped state does not include a golf course but may include a recreational trail, picnic area, children's play area, greenway, or linear park.

Designated open space shall, except for open space used for agriculture, consist of contiguous land area and be easily accessible to all residents of the open space preservation development through open space segments between clusters, visual and pedestrian linkages and proximity to such open spaces. Open space design should consider adjacent properties for the purpose of linking open spaces and creating connected open space and wildlife corridors.

Division (by platting, site condominium-izing or otherwise) of the designated open space is prohibited.

Designated open space shall be under common ownership or control, such that there is a single person or entity having proprietary responsibility. Sufficient documentation of ownership or control in the form of agreements, contracts, covenants, and/or deed restrictions shall be provided.

Designated open space shall be set aside through an irrevocable conveyance approved by the Planning Commission, such as:

Such conveyance shall assure that the open space will be protected from all forms of development, except as shown on the approved site plan, and shall never be changed to another use. Such conveyance shall also:

Failure of the party(ies) having an ownership interest in the designated open space to maintain the open space in accordance with the standards set forth in the terms of conveyance described in Subsection C(8) shall constitute a violation of this chapter and subject the violator(s) to all sanctions, including injunctive relief, provided for under this chapter.

An open space preservation development shall be limited to single- and two-family residential dwelling units, provided that the total number of dwelling units does not exceed the density for the open space preservation development permitted by Subsection D(2).

The total number of dwelling units allowable within an open space preservation development shall not exceed the density allowed by the applicable requirements of the underlying residential zoning district. The number of residential lots allowable within an open space preservation development shall be determined in the following manner:

Minimum lot area and width requirements shall not apply within an open space preservation development. All other zoning ordinance dimensional requirements for the underlying zoning district shall apply, unless specifically modified by the Planning Commission.

Residential sites shall be designed to accommodate adequate sewage disposal facilities where public sewer is not required.

Residential sites shall be confined to cluster areas established within the open space preservation development.

Cluster area design standards:

Visual screening of dwellings from off-site street networks and open space preservation development boundaries shall be accomplished through the siting of residences, maximizing existing screens, and providing new natural screens and/or open space buffers where appropriate.

The proposed open space preservation development shall be under common ownership or control while being constructed, such that there is a single person or entity having proprietary responsibility for the full completion of the project. Sufficient documentation of ownership or control, that indicates the proposed development will be completed in its entirety, shall be submitted with the application for approval.

Interior street system. The open space preservation development shall be serviced by an interior street system; dwelling units shall not front on or gain direct access from an off-site road network. Interior streets may be public and/or private subject to Township approval.

Access. Access to the open space preservation development shall be designed consistent with the rural, natural character of the area.

Utilities.

Stormwater management. Stormwater management systems and drainage facilities shall be designed so as to:

Streetlighting. Streetlighting shall be designed and arranged so as to avoid light spillover onto adjacent premises and so that any light source is shielded or directed so that the light intensity or brightness will not be reasonably objectionable to surrounding areas.

Natural features. The development shall be designed to promote the preservation of natural features.

The overall design and land uses proposed in connection with an open space preservation development shall be consistent with the intent of the open space preservation development concept and the specific open space/general development/design standards set forth herein.

The proposed open space preservation development shall be serviced by the necessary public and/or private facilities to assure the public health, safety, and welfare of project residents and users.

The proposed open space preservation development shall be designed to minimize the impact of traffic generated by the development on the surrounding land use and road network.

The proposed open space preservation development shall be designed so as to be in character with surrounding conditions as they relate to the bulk and location of structures, pedestrian and vehicular circulation, landscaping, and amenities.

The proposed open space preservation development shall be designed and constructed so as to preserve the integrity of existing on-site and off-site sensitive and natural environments, including wetlands, woodlands, hillsides, water bodies, and groundwater resources.

The designated open space shall be of functional value as it relates to opportunities for wildlife habitat, woodland preservation, agricultural use, recreation, visual impact, and access.

The proposed open space preservation development shall comply with all applicable federal, state and local regulations.

Conceptual development plan review.

Development/site plan review.

Public hearings and noticing. The Planning Commission shall hold a public hearing on an application for conceptual development plan review and development/site plan review for an open space preservation development. Notice of a public hearing for an open space preservation development shall be accomplished in accordance with Article 7.00.

Effect of approval. After a development/site plan has been approved and construction of any part thereof commenced, no other type of development is permitted on the site without further approval thereof by the Planning Commission after proceedings conducted as in the original application. This limitation shall apply to successive owners.

Conformity to approved plan. Property which is the subject of approval for an open space preservation development must be developed in strict compliance with the approved development/site plan and any amendments thereto which have received Planning Commission approval. If construction and development does not conform to same, the approvals thereof shall be forthwith revoked. Upon revocation of such approval, all further construction activities shall cease upon the site other than for the purpose of correcting the violation.

Amendment to approved plan. A proposed amendment or modification to a previously approved development/site plan shall be submitted to the Planning Commission for review in the same manner as the original application was submitted and reviewed.

Project phasing.

Security deposit. The Planning Commission may require that a security deposit, in accordance with Article 11.00, be deposited with the Township to insure completion of the site in accordance with the approved plans.

Recording of action.

All parks and playgrounds shall be fenced.

Tees, fairways and greens within a golf course shall be located not less than 50 feet from adjacent residentially zoned property under separate ownership, and not less than 50 feet from a public street; provided, further, that any tees, fairways or greens within 150 feet from property used for residential purposes under separate ownership shall be adequately fenced to prevent trespassing upon said residential property. The Planning Commission is hereby given authority to determine upon application to it the adequacy of such fences to prevent trespassing upon adjacent property.

Pro shops, clubhouses (including the sale of food and beverages) and maintenance buildings (not including storage buildings) must have a sideline setback of not less than 500 feet from adjoining residentially zoned land under different ownership, and a front yard setback of not less than 110 feet from the adjoining highway center line. The side line setback for storage buildings shall be 40 feet.

No overnight accommodations shall be permitted except for the owners and/or managers of the facility.

Adequate public restrooms and other facilities shall be constructed and properly maintained.

Rubbish disposal shall be handled in such a manner as will be adequate for the purpose and avoid any nuisance or annoyance to adjoining property owners.

Any sale of foodstuff, beverages or merchandise shall be clearly incidental to the needs of the occupants and users of the facility while on the property.

Outdoor display of merchandise shall be subject to the setback requirements applicable to a principal building within the district.

Outdoor activities shall not be located so as to reduce required on-site parking or impair site access and circulation.

The Planning Commission may restrict the hours of operation or the duration of the outdoor activity based upon the character of the surrounding area.

To permit greater flexibility in the regulation of land and encourage creative and imaginative design in development through the use of planned unit development legislation, as authorized by the Michigan Public Act 110 of 2006,[1] as amended, in order to achieve the following:

These planned unit development regulations are intended to result in land use development that is substantially consistent with the zoning requirements as generally applied to the proposed uses, yet allow for specific modifications to facilitate an improved quality of development. These regulations are not intended as a device for circumventing the more specific standards and requirements of this chapter, nor the planning concepts upon which the Zoning Ordinance has been based.

Minimum area. The minimum size of a planned unit development shall be 20 acres of contiguous land.

Permitted uses. Planned unit developments are restricted to one or more of the following uses regardless of the zoning district in which the development is located:

Density requirements. Within any planned unit development approved under this section, the requirements set forth below shall apply in determining the permitted density of development:

Dimensional requirements. Except for minimum lot area, frontage, and width requirements, all Zoning Ordinance dimensional requirements for the underlying zoning district shall apply, unless specifically modified by the Planning Commission, pursuant to this section. To encourage flexibility and creativity consistent with the purposes of the planned unit development concept, the Planning Commission may grant specific deviations from the dimensional requirements set forth in the Zoning Ordinance. Any dimensional deviation shall be approved through a finding by the Planning Commission that the deviation meets the purpose of the planned unit development set forth in Subsection A. Such a dimensional deviation is not subject to variance approval by the Zoning Board of Appeals.

Open space requirements. Within any planned unit development there shall be designated an amount of open space not less than 15% of the total planned unit development parcel size, subject to the following standards:

Design requirements.

Application requirements. The application for approval of a planned unit development shall be made according to the procedures and application requirements for special land uses in Article 7.00.

Effect of approval. After a site plan for a planned unit development has been approved and construction of any part thereof commenced, no other type of development shall be allowed on the site without further approval by the Planning Commission after proceedings conducted as in the original application. This limitation shall apply to successive owners.

Conformity to approved plan. Property which is the subject of approval for a planned unit development must be developed in strict compliance with the approved special land use permit and site plan. If construction and development do not conform with same, the approval thereof shall be forthwith revoked. Upon revocation of such approval, all further construction activities shall cease upon the site other than for the purpose of correcting the violation.

Amendment to approved plan. A proposed amendment or modification to a previously approved site plan for a planned unit development shall be submitted to the Planning Commission for review in the same manner as the original application was submitted and reviewed.

Project phasing. When a planned unit development is proposed to be constructed in phases, the project shall be designed in a manner that allows each phase to fully function on its own regarding services, utilities, circulation, facilities, and open space. Each phase shall contain the necessary components to ensure protection of natural resources and the health, safety, and welfare of the users of the planned unit development and residents of the surrounding area. Each phase of the development shall be commenced within one year of the schedule set forth on the approved site plan. If construction of any phase is not commenced within the approved time period, approval of the site plan shall become null and void for all uncompleted phases.

Security deposit. The Planning Commission may require that a security deposit be deposited with the Township to ensure completion of the site in accordance with the approved site plan.

Recording of action. No building permit shall be issued for the development and no construction activity commenced within the planned unit development until an affidavit containing the legal description of the planned unit development, the date and terms of the final approval, and a declaration that all improvements will be carried out in accordance with the approved planned unit development is approved by the Township and recorded with the Register of Deeds for Van Buren County. All required public dedications for streets, utility easements or other public facilities, and deed restrictions shall be approved by the Township and recorded at the Register of Deeds for Van Buren County.

Revocation. In any case where construction of the planned unit development has not commenced within one year of the date of the final approval, all approvals shall be null and void.

Preapplication meeting. An applicant desiring to submit an application for a planned unit development is encouraged to attend a preapplication meeting with Township staff and applicable Township consultants. The purpose of the preapplication meeting is to determine general compliance with the planned unit development eligibility and design requirements, and to identify issues of significance regarding the proposed application. The applicant shall present the following information on the proposed planned unit development for a preapplication meeting:

Preliminary plan review. A planned unit development shall undergo a mandatory preliminary plan review by the Planning Commission. The review is intended to provide an indication of the issues and concerns that must be resolved prior to site plan review. Preliminary plan approval shall not constitute an approval of a detailed site plan but shall be deemed an expression of approval of the layout as a guide to the preparation of the site plan. A request for a modification to the approved preliminary plan shall be submitted to the Planning Commission for review in the same manner as the original preliminary plan was submitted and reviewed.

Preliminary plan requirements:

Additional information. During the preliminary plan review process, the Planning Commission may require additional information reasonably necessary to demonstrate compliance with the planned unit development review standards. Such information may include, but not be limited to, hydrological tests, traffic studies, or wetland determinations.

Special land use permit/site plan review. The Planning Commission shall hold a public hearing on a planned unit development application in accordance with applicable laws and the special land use provisions in Article 7.00.

Site plan requirements. The following information shall be included on, or attached to, all site plans:

Review criteria. Approval of a planned unit development shall be determined on the basis of the special land use criteria in Article 7.00, the site plan review criteria in Article 11.00, and the following criteria:

A roadside stand shall not exceed 150 square feet in area. The 150-square-foot area dedicated as the "roadside stand" may be located within a larger structure.

A roadside stand may only be located within a larger structure if the larger structure complies with the lot, yard and area requirements in Article 6.00.

A roadside stand that is less than 25 square feet in area or is only left in place seasonally may be located adjacent to the abutting road right-of-way. All other lot, yard and area requirements in Article 6.00 shall apply.

Awnings may be established on up to three sides of a roadside stand and shall not project more than four feet from the stand. In the event the roadside stand is located within a larger structure, the awnings may only be established on that portion of the structure constituting the roadside stand.

A parking area equivalent to one parking space per 25 square feet of the roadside stand area is required. Parking areas are not subject to paving requirements but shall be clearly marked and provide adequate turnaround area outside of the road right-of-way.

It is the intent of this section to provide only for the limited seasonal sale of agricultural and related products. It is not intended to encourage the size of investment in equipment that would require a commercial district.

Attached to a building. Where attached to a building, the solar panels shall be subject to the same regulations as the building in terms of height and setback. Solar panels may be attached to the roof or the wall, but not both.

Freestanding. Solar panels may be freestanding.

The exterior surfaces of solar panels shall be generally neutral in color and substantially nonreflective of light.

Solar panels shall conform to applicable industry standards and shall be installed, maintained and used only in accordance with the manufacturer's directions. The Building Official may inspect the completed installation to verify compliance.

Solar panels shall comply with all applicable Township construction-related codes and permitting requirements.

Solar panels allowed as a permitted accessory use shall require an administrative review.

Solar panels failing to meet the height, setback, location or lot coverage requirements set forth herein may be allowed as a special land use, in accordance with Article 7.00.

Allow the safe, effective, and efficient use of a renewable energy system consistent with the goals and objectives set forth in the Paw Paw Township Master Plan.

Preserve and protect public health, safety, welfare, and quality of life by minimizing the potential adverse effects of solar farms, including aesthetic impacts and risks to the values of adjoining properties.

Establish standards and procedures by which the siting, design, engineering, installation, operation, and maintenance of solar farms shall be governed.

Siting of solar farms must conform to the front, side, and rear setback requirements of the zoning district.

When oriented at maximum tilt, freestanding solar panels shall not exceed the maximum accessory building height requirements of the zoning district.

All power transmission lines shall be located underground, unless otherwise modified by the Planning Commission in consideration of the special land use criteria for review.

When a battery storage system is included as part of the solar farm, it must be placed in a secure temperature-controlled enclosure when in use. When no longer in use, such batteries must be disposed of in accordance with applicable laws and regulations.

Battery storage enclosures shall conform to the solar farm provision set forth in Subsection C.

Solar farms shall conform to applicable industry standards and shall be installed, maintained and used only in accordance with the manufacturer's directions. The Building Official may inspect the completed installation to verify compliance.

Solar farms shall comply with all applicable Township construction-related codes and permitting requirements.

A decommissioning plan shall be provided and shall:

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

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.

A cash deposit, certified check, irrevocable bank letter of credit, surety bond, corporate guaranty, or other similar financial instrument acceptable to the Planning Commission 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 G(1)(b) above.

A special event facility shall be located on a minimum of 10 acres of contiguous land.

No special event facility shall be approved for an attendance level in excess of 250 people, nor host a special event that lasts longer than two days during a single weekend, not including set up and take down.

Drives and parking areas shall be subject to compliance with § 42-9.12, except parking shall be provided at one space for every four persons of the maximum attendance level approved for the facility and shall be subject to compliance with applicable barrier-free requirements.

A parking attendant(s) shall direct traffic into the facility and towards available parking during the arrival of guests.

A special event facility is limited to the following operational period, unless otherwise modified by the Planning Commission:

Adequate lighting shall be provided on the premises to illuminate outdoor activities and parking areas. All lighting shall be in accordance with § 42-9.13. Lighting associated with the special event shall be turned off when the event is not in operation.

A special event facility shall provide a water supply and sewage disposal system necessary to accommodate all special events to the satisfaction of the Van Buren County Health Department.

Noise levels generated at a special event facility shall not constitute a nuisance to adjoining properties.

Structures and features related to the special event facility shall be kept within an esthetic that is appropriate within the surrounding area.

Barriers and/or buffers and facility separations designed to minimize identified injurious or annoying impacts on surrounding properties may be required by the Planning Commission.

Standard A: Wireless communications support structure and equipment is a permitted use of property and is not subject to special land use approval or any other approval if all of the following requirements are met:

Standard B: Wireless communications support structure and equipment is subject to special land use approval, in accordance with Article 7.00, if the equipment does not meet requirements "(c)" and "(d)" under Standard A, but meets the requirements "(a)" and "(b)" under Standard A.[1]

Standard C: Wireless communications support structure and equipment is subject to special land use approval, in accordance with Article 7.00, if the proposed use does not involve co-location (e.g., a new facility).

Standard A: A wireless communications support structure and equipment proposal requires no zoning approval. However, plans for Standard A improvements shall be submitted to the Township.

Standard B: A wireless communications support structure and equipment proposal requires special land use approval. Accordingly, such proposals are subject to the procedures in Article 7.00, including the following:

Standard C: A wireless communications support structure and equipment proposal requires special land use approval. Accordingly, such proposals are subject to the procedures outlined for Standard B, except that in Step 4[2] the special land use review must be complete not more than 90 days after the application is considered complete.

Public health and safety. Facilities and/or support structures shall not be detrimental to the public health, safety and welfare.

Harmony with surroundings. To the extent feasible, facilities shall be designed to be harmonious with the surrounding areas.

Compliance with federal, state and local standards. Wireless communications facilities shall comply with applicable federal and state standards, including requirements promulgated by the Federal Aviation Administration (FAA), Federal Communication Commission (FCC), and Michigan Aeronautics Commission. Wireless communications support structures shall comply with all applicable building codes.

Maximum height. Applicants shall demonstrate a justification for the proposed height of the support structures and an evaluation of alternative designs which might result in lower heights. The maximum height of a new or modified support structure and antenna shall be the minimum height demonstrated to be necessary for reasonable communication by the applicant (and by other entities to co-locate on the structure), but shall not exceed 120 feet. Higher support structures may be permitted, however, if necessary to achieve co-location. The buildings, cabinets, and other accessory structures shall not exceed the maximum height for accessory structures in the zoning district in which the facility is located.

Minimum setbacks. The setback of a new or modified support structure from any residential-zoned district or existing or proposed right-of-way or other publicly traveled road shall be no less than the total height of the structure and attachments thereto. Where the proposed new or modified support structure abuts a parcel of land zoned for a use other than residential, the support structure shall comply with the required setbacks for principal buildings specified for the zoning district in which the facility is located. Buildings and facilities accessory to the wireless communication facility (other than the support structure) shall comply with the required setbacks for principal buildings specified for the zoning district in which the facility is located.

Access. Unobstructed permanent access to the support structure shall be provided for operation, maintenance, repair and inspection purposes, which may be provided through or over an easement. The permitted type of surfacing, dimensions and location of such access route shall be subject to approval by the Planning Commission, based on evaluation of the location of adjacent roads, layout of buildings and equipment on the site, utilities needed to service the facility, proximity to residential districts, disturbance to the natural landscape, and the type of vehicles and equipment that will visit the site.

Division of property. The division of property for the purpose of locating a wireless communication facility shall be permitted only if all zoning requirements, including lot size and lot width requirements, are met.

Equipment enclosure. If an equipment enclosure is proposed as a building- or ground-mounted structure, it shall comply with the required setbacks and other requirements specified for principal buildings for the zoning district in which the facility is located. If an equipment enclosure is proposed as a roof appliance on a building, it shall be designed, constructed and maintained to be architecturally compatible with the principal building.

Design objectives. The support structure and equipment shall be designed to minimize distraction, reduce visibility, maximize aesthetic appearance, and ensure compatibility with surroundings. Accordingly, support structures shall be grey or white (or another color that is found to be more harmonious with surroundings) and shall not have lights unless required otherwise by the Federal Aviation Administration (FAA). Equipment buildings shall have a brick exterior. No signs or logos visible from off-site shall be permitted on a support structure.

Fencing. Wireless communications facilities shall be enclosed by an open weave, green or black vinyl-coated, chain link fence having a maximum height of six feet. Barbed wire may be permitted.

Structural integrity. Wireless communications facilities shall be constructed and maintained in structurally sound condition, using the best available technology, to minimize any threat to public safety.

Maintenance. A plan for the long term, continuous maintenance of the facility shall be submitted. The plan shall identify who will be responsible for maintenance, and shall include a method of notifying the Township if maintenance responsibilities change.

A condition of every approval of a wireless communications facility shall be adequate provision for removal of all or part of the facility by users and owners upon the occurrence of the following event:

Site plan and special land use review. A site plan prepared in accordance with § 42-11.02 shall be submitted, showing the location, size, screening and design of all buildings, outdoor equipment, and structures. Where the wireless communications facility is subject to special land use approval the procedures and standards in Article 7.00 shall be followed.

Landscape plan. A detailed landscaping plan shall be submitted illustrating the number, species, location, and size at the time of planting of all proposed trees and shrubs. The purpose of landscaping is to provide screening and aesthetic enhancement for the structure base, accessory buildings and enclosure.

Structural specifications. Structural specifications for the support structure and foundation shall be submitted for review. The structural specifications shall state the number of various types of antennae capable of being supported on the structure. A soils report prepared by a geotechnical engineer licensed in the State of Michigan shall also be submitted confirming that the soils on the site will support the structure. Structural plans shall be subject to review and approval by the Township Engineer.