Uses allowed only by conditional use permit have been identified as those which, because of their nature, are not necessarily appropriate at all locations throughout a zoning district, or are appropriate only if subject to conditions. The purpose of this chapter is to provide standards and procedures for reviewing requests for conditional uses, and for placing conditions upon such permits.

(Ord. No. 144, 8-13-2019)

Application for a conditional use permit shall be submitted and processed under the following procedures:

(a)

An application shall be submitted to the Zoning Administrator on a form for that purpose. Each application shall be accompanied by the payment of a fee as determined by resolution of the Township Board. The application shall at a minimum contain the following information:

(1)

The applicant's name, address and phone number.

(2)

Proof that the applicant is the owner of the property or has a legal or financial interest in the property, such as a purchase agreement.

(3)

The name, address and phone number of the owner(s) of record if different than the applicant.

(4)

The address of the property.

(5)

Legal description of the property.

(6)

Current zoning.

(7)

Project description.

(8)

Size of the parcel in acres.

(9)

Signature of the applicant and owner of the property.

(10)

An electronic version of the site plan and all other items submitted in a form acceptable to the Township.

(b)

Site Plan Requirement. Applications for a conditional use permit shall also be accompanied by a site plan submitted in accordance with the requirements of Article 23 herein. The application materials shall then be forwarded to the Planning Commission.

(c)

Additional Information. The Planning Commission may also require that the applicant provide additional information about the proposed use. Such information may include, but shall not be limited to, utility systems plan, traffic impact analysis, environmental impact statement, an economic analysis justifying the need for a proposed use or uses, impact on public utilities and services and effect on the public school system.

(d)

Public Hearing. Prior to making a decision on a conditional use request, the Planning Commission shall hold a public hearing. Notice of the hearing shall be as required in Article 33 herein.

(e)

Review and decision by the Planning Commission. Following the public hearing, the Planning Commission shall approve, conditionally approve, or deny the request for the conditional use permit based upon the General Standards contained in Section 109-24.03 herein.

The decision shall be incorporated in the minutes or in a separate finding of facts statement containing the conclusions relative to the conditional use under consideration specifying the basis for the decision and any conditions imposed.

(f)

Effect of approval of request for conditional use permit. The conditional use permit shall become effective upon the approval of the Planning Commission and the execution of the conditional use permit documents by the applicant including any revisions to the site plan as required by the Planning Commission. Approval of the request for the conditional use permit shall authorize the Building Inspector to issue the building permit.

(g)

Effect of denial of request for conditional use permit. In the event that a request for a conditional use permit is denied wholly or in part by the Planning Commission, an application for a permit for the same conditional use shall not be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence or proof of changed conditions found to be valid by the Planning Commission.

(Ord. No. 144, 8-13-2019)

Any request for a conditional use permit must satisfy all of the following standards for approval as well as the specific standards for each use listed. Requests that are in compliance with the approval and specific standards, the conditions imposed, and other ordinance requirements, shall be approved:

(a)

The proposed use will comply with all conditional regulations as well as complying with all appropriate regulations applicable to the district.

(b)

The proposed use is in harmony with the purpose and intent of this Ordinance.

(c)

The proposed use will not adversely affect the health, safety and welfare of the public and residents of the area and will not be detrimental to the use or development of adjacent properties or of the general neighborhood.

(d)

The proposed use will comply with all applicable laws, ordinances, and regulations of the township, local, state and federal governments.

(e)

The proposed use shall be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with existing or intended character of the general vicinity and that such use will not change the essential character of the area in which it is proposed.

(f)

The proposed use shall be served adequately by essential public facilities and services such as highways, streets, police, fire protection, drainage structures, refuse disposal, water and sewage facilities (where available).

(g)

The proposed use will not involve uses, activities, processes, materials, and equipment or conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, odors, or toxic material.

(Ord. No. 144, 8-13-2019)

The Planning Commission may impose reasonable conditions on the approval of a conditional use. Said conditions shall meet the following requirements:

(a)

Be designed to ensure public services and facilities affected by the proposed use or activity will be capable of accommodating increased service and facility loads caused by the proposed use.

(b)

Be designed to ensure that said use is compatible with adjacent land uses and activities.

(c)

Be designed to protect natural resources, the health, safety, and welfare and the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.

(d)

Be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity.

(e)

Be necessary to meet the intent and purpose of the Zoning Ordinance, be related to the standards established in the Ordinance for the land use or activity under consideration, and be necessary to ensure compliance with those standards.

(f)

The conditions imposed with respect to the approval of a conditional use shall remain unchanged except upon the mutual consent of the Planning Commission and the landowner. The Commission shall maintain a record of conditions which are changed.

(Ord. No. 144, 8-13-2019)

(a)

A conditional use permit shall expire one year after it is granted, unless construction is complete or commencement of the use has substantially begun. The Planning Commission may, upon request by the applicant, extend the term of the conditional use by successive periods of up to one year each upon a finding that there have been no changed conditions in the area which would require reconsideration of the conditional use application or site plan.

(b)

If a use authorized by a conditional use permit is established and subsequently ceases for a period of two consecutive years the conditional use permit shall be considered to be voided and the use shall not be re-established except in accordance with the procedures of Section 109-24.02 herein.

The cessation of the conditional use activity shall be determined by the Zoning Administrator who shall base this determination on the following factors which shall include, but are not limited to:

(1)

The establishment of a different use on the property;

(2)

Removal of any signs pertaining to the conditional use;

(3)

Removal, replacement or demolition of the building containing the conditional use;

(4)

Personal observation that the use has been vacated and other similar factors which would provide evidence of the cessation of the conditional use.

(Ord. No. 144, 8-13-2019)

(a)

Any person or agency owning or operating land for which a conditional use has been approved shall notify the Zoning Administrator of any proposed amendment to the approved use and site plan. Any proposed change to the conditions that were attached to the approval of the conditional use or any proposed change to the conditional use itself shall be reviewed by the Zoning Administrator who shall determine if the proposed changes constitute a major or minor change.

(b)

A major change is defined as a change in the conditions of approval or the conditional use which would substantially alter the intensity of the use of the property so as to call into question compliance with the conditional use approval standards of Section 109-24.03 herein.

(c)

Examples of a major change may include, but are not limited to: a significant increase in the hours of operation, a significant expansion of the land area devoted to outdoor activity, a significant increase in the number of items displayed or stored outdoors, an increase in the intensity of the use which would significantly increase traffic volumes, a significant change in the number of parking spaces or major alteration of the on-site traffic circulation pattern, the addition of one or more driveways or a change in the conditions of approval which may result in a significant adverse impact on nearby residents or property.

(d)

In addition, a major change would also include expanding the land area that was approved for the existing conditional use or expanding the building containing the use if such expansion would increase the intensity of the use.

(e)

Any major change shall be considered in the same manner as set forth in Section 109-24.02 of this Ordinance.

(f)

Changes to an approved conditional use permit which are not major changes shall be considered as minor changes. A minor change to either the use or the site plan may be approved by the Zoning Administrator who shall notify the Planning Commission of the minor change and that such change does not substantially change the basic design or alter the conditions required for the use by the Commission. The Zoning Administrator may refer any minor change to the Planning Commission.

(Ord. No. 144, 8-13-2019)

(a)

If a violation of any of the conditions or standards imposed on a conditional use is found to exist following inspection, the Zoning Administrator shall notify the owner of the premises of the conditional use and the Planning Commission that such violation exists and that the permit may be revoked within 30 days of such notification.

(b)

If said violation is not corrected with 30 days, the Planning Commission may revoke the permit following a public hearing noticed in accordance with the requirements of Article 33 herein.

(c)

Furthermore, such a violation is hereby declared to be a violation of the Zoning Ordinance, subject to all of the remedies and penalties provided for in this Ordinance.

(Ord. No. 144, 8-13-2019)

A conditional use permit shall not be issued for a new use or a structure on property where any violation of this Ordinance exists.

(Ord. No. 144, 8-13-2019)

The conditional uses in this section have particular characteristics for which specific standards have been formulated. These standards as well as the approval standards and dimensional standards must be complied with before approval may be granted.

(Ord. No. 144, 8-13-2019)

(a)

The following uses are permitted as accessory uses of any church facility provided they are located on the same parcel as the church facility:

(1)

Parsonage;

(2)

Convent or rectory;

(3)

Playgrounds;

(4)

Non-lighted athletic fields;

(5)

Other uses which the Zoning Administrator deems to be similar accessory uses.

(b)

The following uses may be conducted in conjunction with a church facility when located on the same parcel as the church facility and when specifically authorized as a conditional land use by the Planning Commission in accordance with the requirements of this Article 24:

(1)

Senior citizen community center;

(2)

Child and adult day care center;

(3)

School;

(4)

Food pantry and household goods bank;

(5)

Lighted athletic fields;

(6)

Indoor gym;

(7)

Temporary shelter for those persons displaced from their home;

(8)

Coffee and beverage bar offering such items for free or for sale which is open to the public at times other than when the church is conducting services;

(9)

Provision of meals for homeless or needy persons and services or programs designed to assist homeless or needy persons such as counseling, job skill training, life management, self-help, religious, or other programs.

(Ord. No. 144, 8-13-2019)

(a)

All activities shall be conducted within completely enclosed buildings, provided however, outdoor recreational activities may be allowed as an accessory use to the principal use.

(b)

The minimum lot size shall be one-half acre with 100 feet of lot width.

(Ord. No. 144, 8-13-2019)

(a)

The parcel containing the store shall be located only on a paved county highway or state trunk line.

(b)

Outdoor display of store products is not permitted in the required front yard.

(c)

If fuel for vehicles is sold no more than three fuel pumps shall be permitted. Each pump may contain up to two fuel nozzles.

(d)

A maximum of two driveways may be allowed on the paved county highway or state trunk line.

(Ord. No. 144, 8-13-2019)

It is the purpose of this section to provide specific standards pursuant to locating heliports. These standards are to be considered in conjunction with the general standards required for the review and approval of all conditional uses. These standards are in addition to those required by the Federal Aviation Administration (FAA) and other federal or state agencies having regulatory authority over the placement and/or design of heliports. Should these standards conflict with those of the FAA or other regulatory agency, the more restrictive shall apply as permitted by state or federal statute. The following provisions apply to heliports:

(a)

The landing pad and associated parking shall be constructed of a bituminous asphalt, or concrete surface properly drained to avoid surface runoff to adjoining properties.

(b)

The landing pad shall be maintained free of dust, rock particles, or other debris in order to avoid the off-site fugitive emission of said materials while the pad is in use.

(c)

A landscape buffer shall be placed between the landing pad and any adjoining parcel having a residential zoning classification. The buffer design shall be based on the following factors:

(1)

Proximity (nearness) of the heliport to adjoining residential uses or districts.

(2)

Anticipated impact of the heliport pursuant to frequency of landings and noise during use.

(3)

Visual relationship of the heliport, and its use, to the adjoining residential uses or districts.

(4)

Potential economic impact of the heliport, and its use, on adjacent residential uses or properties.

It shall be the intent of the landscape buffer to mitigate potential negative impacts associated with the above factors. The landscape buffer may consist of evergreen or deciduous trees and vegetation, landscaped berms, architectural features/fencing, or combinations thereof.

Pursuant to design of the buffer, the applicant shall assume that the potential for negative impacts increases as the distance between the pad and adjacent residential uses or districts decreases.

It shall be the responsibility of the applicant to provide a landscape buffer design for review and approval by the Planning Commission. The design, if required by this subsection (c), shall be incorporated as part of the site plan required for submission to the Planning Commission. The landscape design shall indicate the location, type, and size of all landscape features.

(d)

The heliport shall be designed to accommodate necessary emergency vehicles, including firefighting equipment.

(e)

Fuel storage areas shall not be permitted within 300 feet of any residential uses or districts. All fuel storage facilities shall meet state and federal standards. Aboveground storage facilities shall be screened from view by adjacent properties. The design of the screen shall be compatible with the character of the surrounding area and may include either an architectural feature or landscaping, or combination of both.

(f)

Facilities for the maintenance and repair of aircraft shall be restricted to the industrial and airport districts.

(g)

The landing pad shall be a minimum of 200 feet from residential uses or districts and a minimum of 100 feet from nonresidential districts.

(h)

The landing pad may incorporate an affixed (i.e., painted) sign or notation for use by pilots in locating said pad from the air. A windsock or similar feature shall also be permitted. Ground or pole type signage shall be limited to one sign not to exceed five square feet.

(i)

The pad may be artificially lighted. Said lights shall be designed and placed to prevent off-site glare to surrounding properties.

(j)

The applicant shall submit evidence that all federal and state requirements have been met pursuant to placement and design of the heliport.

(k)

The Township Board, after consultation with local safety officials including, but not limited to, the Township fire chief, Mason County Sheriff, and/or the Mason County Emergency Services/Preparedness Director, may impose additional conditions in order to ensure the public health, safety and welfare.

(Ord. No. 144, 8-13-2019)

(a)

Buildings wherein dogs are kept, dog runs and/or exercise or training areas shall not be located nearer than 100 feet to any adjacent occupied dwelling or building used by the public, and shall not be located in any required setback area.

(b)

All other principal use activities shall be conducted entirely within an enclosed building.

(c)

The minimum lot size shall be five acres with 250 feet of lot width.

(Ord. No. 144, 8-13-2019)

The following provisions shall apply to ponds:

(a)

The Planning Commission shall consider the following:

(1)

The nature, design and size of the pond will not negatively impact the drainage, groundwater supply and quality, direction of groundwater flow, nor increase the erosion of adjoining property.

(2)

The purpose(s) for which the pond is being constructed is clearly incidental to the principal use(s) of the zoning district in which said pond is to be located.

(3)

The character, nature and size of the pond.

(4)

The pond will not create a health hazard as a result of stagnation or pollution.

(5)

The effect of the pond on adjoining properties in surrounding neighborhoods.

(b)

If the Planning Commission shall determine, as part of its proceedings for the authorization of a pond pursuant to subsection (a)(1) above, that the protection and safety of the general public requires the pond to be enclosed, then the pond shall be enclosed by fence or wall, which shall be subject to and meet the same standards and requirements as are provided in Section 109-3.42 with respect to fences or walls enclosing swimming pools.

(c)

Existing ponds may be maintained without the necessity of a conditional use permit. "Maintained" is defined to mean all acts necessary for the upkeep and care of the pond, provided that the surface area of the pond is not enlarged. In the event that the surface area of the pond is enlarged, a conditional use permit is required pursuant to the provision of this Ordinance.

(d)

In considering such authorization as based on the above standards, the Planning Commission may impose the following conditions:

(1)

Certification from a qualified individual or agency, such as a Michigan Registered Professional Civil Engineer or United States Department of Agriculture-Soil Conservation Service, that the pond has been designed pursuant to approved engineering standards. Said certification may also be required pursuant to construction of the pond.

(2)

An increase in required minimum setback.

(Ord. No. 144, 8-13-2019)

Storage of products or materials in the required front yard is prohibited.

(Ord. No. 144, 8-13-2019)

(a)

Display and/or storage of equipment or other material shall not be permitted in any required front or side yard setback.

(b)

Inoperable machinery or equipment or parts thereof shall be contained entirely within an enclosed building or screened area.

(c)

There shall be no outside storage of loose material capable of being removed off-premises by natural forces.

(d)

There shall be no storage of material in such a fashion as to provide the potential for groundwater contamination.

(Ord. No. 144, 8-13-2019)

(a)

A rooming house shall have no more than four rooms rented for sleeping purposes.

(b)

One off-street parking space shall be provided for each sleeping room.

(Ord. No. 144, 8-13-2019)

(a)

Whenever the installation abuts a residential district, a transition strip at least 100 feet in width shall be provided between the fenced periphery of the site and the adjoining district. Landscaping shall be provided per Article 26.

(b)

Adequate standing and parking facilities shall be provided at the site so that no loaded vehicle at any time stands on a public right-of-way awaiting entrance to the site.

(c)

Materials shall be adequately protected so as to contain blowing debris.

(d)

Required screening shall include an opaque fence at least six feet in height but no higher than ten feet. All activities shall be confined within the fenced periphery of the site. No equipment, material or lighting shall be used or stored outside the enclosed area.

(e)

No open burning shall be permitted.

(f)

All roads, driveways, parking lots, and loading/unloading areas within any salvage/junk yard shall be paved, watered, or chemically treated so as to limit the nuisance caused by wind-borne dust on adjoining lots and public roads. All access drives outside fenced areas shall be paved.

(g)

Facility must conform to all Michigan Department of Environment, Great Lakes and Energy regulations regarding wellhead protection zones.

(h)

Any materials listed on the Michigan Critical Materials Register (gasoline, Freon, solvents, etc.) shall require a secondary containment and a Pollution Incident Protection Plan filed with the Michigan Department of Natural Resources and Michigan Department of Environment, Great Lakes and Energy.

(i)

On-site retail sales of salvaged goods are permitted.

(Ord. No. 144, 8-13-2019)

(a)

Scope and findings general intent. The provisions of this section apply to sexually oriented businesses and related activities. There is convincing documented evidence that sexually oriented businesses, because of their very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them; and, have serious harmful, negative and objectionable operational characteristics, particularly when they are located in close proximity to each other.

It is not the intent of this Ordinance to suppress any activity protected by the First Amendment of the United States Constitution or article I, section 5, of the Michigan Constitution of 1963, but to enact content-neutral regulations which address the adverse secondary effects of sexually oriented businesses in order to protect the health, safety and general welfare of the township.

The township recognizes that state and federal law prohibit the distribution of obscene materials and expects and encourages state enforcement officials to enforce state and federal obscenity statutes against any such illegal activities that may occur within the township.

(b)

Purpose. It is the purpose of this Ordinance to regulate sexually oriented businesses and related activities to promote and ensure the health, safety, and general welfare of the citizens of the township and to establish reasonable and uniform regulations to prevent the deleterious effects of sexually oriented businesses within the township. The provisions of this Ordinance do not have the purpose of imposing a limitation or restriction on the content of any communicative material, including sexually oriented materials. Similarly, it is not the intent of this Ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment of the United States Constitution, and article I, section 5, of the Michigan Constitution of 1963, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent of this Ordinance to condone or legitimize the distribution of obscene materials.

(c)

Definitions. As used in this section, the following terms shall have the indicated meanings:

Adult book or video store means an establishment having as a substantial or significant portion of its stock in trade, books, magazines, periodicals, films, computer software or videotapes which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined herein.

Adult entertainment establishment means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances presented for the enjoyment of the audience which has paid or promised to pay an admission fee and which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

Adult mini-theater means a commercial establishment where, for any form of consideration, in an enclosed area with a capacity of less than ten persons, films, motion pictures, videocassettes, digital video discs, slides, or similar photographic reproductions are shown which are characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.

Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, digital video discs, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas," as defined herein.

Adult novelty business means a business that has as a substantial or significant portion of its activity in the sale of devices which stimulate human genitals or devices designed for sexual stimulation.

Nudity or state of nudity means the appearance of a human bare buttock, anus, male genitals, female genitals, or female breast without a fully opaque complete covering or the breast below a point immediately above the top of the areola, or human male genitals in a discernible turgid state even if complete and opaquely covered. For purposes of this section, the term "nudity" or a "state of nudity" does not include:

•

A woman's breast-feeding of a baby whether or not the nipple or areola is exposed during or incidental to the feeding;

•

Material as defined in section 2 of Public Act No. 343 of 1984 (MCL 752.362), or any similar successor statute; or

•

Sexually explicit visual material as defined in section 3 of Public Act No. 33 of 1978 (MCL 722.673), or any similar successor statute.

Permit means a conditional use permit for the operation of a sexually oriented business and issued pursuant to this article and this section.

Permittee means a person in whose name a permit to operate a sexually oriented business has been issued as well as the individual listed as an applicant on the application for a permit.

Person means an individual, proprietorship, partnership, Limited Liability Company, corporation, association, or other legal entity.

Sexually oriented business means an adult book or video store, adult motion picture theater, adult mini-theater, adult novelty business, or adult entertainment establishment.

Specified anatomical area includes:

•

Less than completely and opaquely covered human genitals, pubic regions, buttocks and female breasts below a point immediately above the top of the areola;

•

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities includes:

•

Acts of human masturbation, sexual intercourse, or sodomy;

•

Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts;

•

Human genitals in a state of sexual stimulation or arousal.

Transfer of ownership or control of a sexually oriented business means and includes any of the following:

•

The sale, lease, or sublease of the business;

•

The transfer of securities, partnership interests, membership interest or indicia of ownership rights which constitute a controlling interest in the business, whether by sale, exchange, or similar means;

•

The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

(d)

Permit required.

(1)

It shall be unlawful for a person to operate a sexually oriented business without a valid conditional use permit issued by the township zoning administrator.

(2)

An application for a permit must be made on a form provided by the township. The application must be accompanied by a sketch or diagram showing the configuration of the business premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.

(3)

An application for a permit shall be made and delivered to the zoning administrator by the intended operator of the sexually oriented business. The intended operator shall be required to give the following information on the application form:

i.

Intended operator or owner's name and address.

a.

The name and street address (and mailing address, if different) and driver's license number of the intended operator if he/she has a driver's license.

b.

The name and street address (and mailing address, if different) of the owner(s), if different than the intended operator.

ii.

The name under which the sexually oriented business is to be operated and a general description of the services to be provided.

iii.

The telephone number of the sexually oriented business or, if unavailable, the operator's telephone number.

iv.

The address, tax parcel number, and legal description, of the tract of land on which the sexually oriented business is to be located.

(4)

The fact that a person possesses other types of state or county permits and/or licenses does not exempt him from the requirement of obtaining a conditional use permit from the township under this section.

(5)

The application shall be accompanied by the following:

i.

Payment of the application fee in full;

ii.

Proof of current fee ownership of the tract of land on which the sexually oriented business is to be situated in the form of a copy of the recorded deed, land contract, or other instrument of conveyance;

iii.

If the persons identified as the fee owner(s) of the tract of land in subsection (d)(5)iii of this section, are not also the owners of the sexually oriented business, then the lease, purchase contract, purchase option contract, lease option contract or other documents evidencing the legally enforceable right of the ownership or proposed owners of the premises to have or obtain the use and possession of the premises or portion thereof that is to be used for the purpose of the operation of the sexually oriented business.

(6)

The application shall contain a statement under oath that:

i.

The applicant has personal knowledge of the information contained in the application and that the information contained therein and furnished therewith is true and correct; and

ii.

The applicant has read the provisions of this section.

(e)

Issuance of permit.

(1)

Upon receipt of an application and fee, the zoning administrator shall promptly review the application and supporting documents for completeness and proper execution.

If found to be complete and properly executed, the zoning administrator shall forward the application and other documents to the Planning Commission for review and hearing under Article 24. The review and decision of the Planning Commission on conditional use approval under Article 24 and any decision on approval of a site plan under Article 23 shall occur no later than 120 days from the date the zoning administrator receives the completed application. The Planning Commission shall grant conditional use approval if the application is in compliance with the requirements contained in subsections (i), (j) and (k) of this section and the following requirements are met:

i.

The applicant is 18 years of age or older.

ii.

The applicant shall not be overdue or delinquent in payment of taxes, fines, or penalties assessed against or imposed upon applicant in relation to a sexually oriented business conducted in the township.

iii.

The applicant has made full and accurate representations and has truthfully answered all questions and requests for information on the application form.

iv.

The applicant shall not have been denied a permit by the township to operate a sexually oriented business within the preceding 12 months, and has not had a license to operate a sexually oriented business in the township revoked within the preceding 12 months.

v.

The premises to be used for the sexually oriented business have been approved by the health department for the use intended, if applicable.

vi.

The applicant has not been convicted within five years immediately preceding the application date of any of the following criminal offenses in any jurisdiction:

a.

Prostitution, procuring a prostitute, or solicitation of a prostitute; sale, distribution or display of obscene material; soliciting, procuring or aiding and abetting an unlawful sexual performance by a minor; possession, sale or distribution of child pornography; public lewdness; indecent exposure; indecent conduct with a child; sexual assault or rape; incest; or sexual solicitation of a child.

b.

The applicant shall certify, as a part of the application, that he/she/it has not been convicted of any one or more of the foregoing criminal offenses.

(2)

The Planning Commission may recommend and/or the township board may impose reasonable conditions in conjunction with the approval of a conditional use permit for a sexually oriented business. The conditions imposed shall be limited to conditions necessary to ensure that the sexually oriented business will not be unreasonably detrimental to the public health, safety, or general welfare of the township; nor unreasonably injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted; nor unreasonably impede the normal and orderly development and improvement of the surrounding property for uses permitted under the zoning ordinance.

(3)

The permit, if granted, shall state on its face the name of the person or persons to whom it is granted, and the address of the sexually oriented business. The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.

(f)

Inspection. An applicant or permittee shall allow the township zoning administrator or representatives of the township code enforcement office to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law at any time it is occupied or open for business.

(g)

Action to revoke permit. The zoning administrator shall take enforcement action, including the commencement of suit seeking revocation of a permit, if any of the following occurs:

(1)

A permittee gave false or materially misleading information in the application process.

(2)

A permittee has been convicted of using and/or allowing the use of the controlled substances on or in the premises of the sexually oriented business.

(3)

A permittee has been convicted of prostitution or other activity fostering, promoting or otherwise facilitating prostitution, on or in the premises of the sexually oriented business or elsewhere.

(4)

A permittee or employee of the sexually oriented business has been convicted of any crime of a sexual nature or involving sexual conduct or the solicitation thereof on or in the premises of the sexually oriented business or elsewhere.

(5)

A permittee has been convicted of knowingly allowing a person under 18 years of age to enter the sexually oriented business.

(6)

There has been a transfer of ownership or control of the sexually oriented business without the prior approval, as required herein.

(h)

Transfer of permit. A permittee shall not transfer a conditional use permit to another person, nor shall a permittee operate a sexually oriented business under the authority of a permit at any place other than the address designated in the application. Transfers of the ownership, control and/or operation of a sexually oriented business shall require the new person or entity to comply with the application and approval provisions of this section.

(i)

Location restrictions.

(1)

A sexually oriented business may not be operated within 1,000 feet of:

i.

A church, synagogue or regular place of religious worship;

ii.

A public or private school; or

iii.

Another sexually oriented business.

(2)

A sexually oriented business may not be operated within 450 feet of:

i.

A boundary of any residential zoned district or any residential structure;

ii.

A licensed day care center; or

iii.

A public park.

(3)

A sexually oriented business may not be operated within 500 feet of:

i.

A campground or recreational vehicle park; or

ii.

An outdoor recreational park.

(4)

A sexually oriented business may not be operated in the same building, structure, or portion thereof, containing another sexually oriented business.

(5)

For the purpose of this section, measurement shall be made in a straight line, without regard to intervening structure or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted to the nearest property line of the premises of a church, synagogue, regular place of worship, or public or private school, or to the nearest boundary of an affected public park, residential district, or residential lot, licensed day care center, camp ground/recreational vehicle park or an outdoor recreational park.

(6)

For purposes of subsection (i)(4) of this section, the distance between any two sexually oriented business uses shall be made from the closest exterior wall of the structure in which each business is located.

(7)

A sexually oriented business may only be operated in a C-2, commercial zoning district as designated in this Ordinance.

(j)

Regulations pertaining to adult entertainment establishments. A person who operates or causes to be operated an adult entertainment establishment shall comply with the following requirements:

(1)

The application for a conditional use permit shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures (indicating the type of illumination, intensity of each such fixture) and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 30 square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. Unless it is for a new commercial structure to be built, professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises.

(2)

No alteration in the configuration or location of a manager's station may be made without the prior approval of the zoning administrator.

(3)

It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.

(4)

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms.

Restrooms shall not contain video reproduction equipment. If the premises have two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.

(5)

It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises to ensure that the view area specified in subsection (j)(4) of this section remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (d) of this section.

(6)

The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one foot candle as measured at the floor level.

(7)

It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above is maintained at all times that any patron is present in the premises.

(8)

The premises shall meet all barrier-free requirements and building code requirements imposed by the Pere Marquette Charter Township Building and Inspections Department.

(9)

Hours of operation shall be limited to 8:00 a.m. to 2:00 a.m.

(10)

When live performers are involved in the sexually oriented business, privacy dressing rooms are to be provided, and an aisle between the performance area and the dressing room shall be kept clear and unobstructed so the performers can pass through without contact with patrons.

(11)

Parking layouts shall not adversely affect the flow of traffic within the site, or to and from the adjacent streets.

(12)

All off-street parking areas shall be sufficient for all vehicles patronizing the establishment, shall be illuminated during all hours of operation with down shining lighting, and shall be open to view from the adjacent street.

(13)

Grounds maintenance shall include routine clearing of rubbish and trash from the grounds, and hauling away of same at least once per week, as weather permits.

(14)

No person shall reside in or permit any person to reside in the premises of an adult sexually oriented business.

(15)

All performers shall be salaried by the operators/owners of the sexually oriented business.

(16)

No person shall become the lessee or sublessee of any property for the purpose of using said property for a sexually oriented business without the express written permission of the owner of the property.

(17)

The maximum number of persons, including patrons, performers and operators, allowed in a structure at any one time shall be as established by the township's current building code, however, the number of patrons allowed on premises at any one time shall be limited to the amount of seating available, but shall not exceed one person for each 15 square feet of public net floor space, exclusive of restrooms, dance floor, administrative areas, hallways, etc.

(k)

Exterior portions of sexually oriented business.

(1)

It shall be unlawful for an owner or operator of a sexually oriented business to allow the merchandise or activities of the establishment to be visible from a point outside the establishment.

(2)

It shall be unlawful for the owner or operator of a sexually oriented business to allow the exterior portion of the sexually oriented business to have any words, lettering, photographs, silhouettes, drawings, or pictorial representations of a sexual or explicit manner except to the extent otherwise permitted by the provisions of this Ordinance.

(3)

Signs shall contain no photographs, silhouettes, drawings or pictorial representations of any kind, and may contain only the name of the enterprise.

(l)

Persons younger than 18 prohibited from entry; attendant required.

(1)

It shall be unlawful to allow a person who is younger than 18 years of age to enter or be on the premises of a sexually oriented business at any time that the sexually oriented business is open for business.

(2)

It shall be the duty of the operator of each sexually oriented business to ensure that an attendant is stationed at each public entrance to the sexually oriented business at all times during such sexually oriented business's regular business hours. It shall be the duty of the attendant to not allow any person under the age of 18 years to enter the sexually oriented business. It shall be presumed that an attendant knew a person was under the age of 18 unless such attendant asked for and was furnished:

i.

A valid operator's, commercial operator's, or chauffeur's license; or

ii.

A valid personal identification certificate reflecting that such person is 18 years of age or older.

(m)

Exemption. The following are exempt from the provisions of this section: the appearance of a person in a state of nudity in a modeling class, art class, dance class, theater class/production operated:

(1)

By a proprietary school, licensed by the State of Michigan, a college, junior college, or university supported entirely or partly by taxation;

(2)

By a private college or university that maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation.

(n)

Notices.

(1)

Any notice required or permitted to be given by the township or other agency under this Ordinance to any applicant, operator or owner of an establishment may be given either by personal delivery or by certified United States mail, postage prepaid, return receipt requested, addressed to the most recent address as specified in the application for the permit, or transfer application that has been received by the township, or any notice of address change that has been received by the township. Notices mailed as above shall be deemed given upon their deposit in the United States mail. In the event that any notice given by mail is returned by the postal service, the township shall cause it or a replica thereof to be posted at the principal entrance to the establishment.

(2)

Any notice required or permitted to be given to the township by any person under this Ordinance shall not be deemed given until and unless it is received in the principal office of the township planning department.

(3)

It shall be the duty of each owner who is designated on the permit application and each operator to furnish notice to the township, in writing, of any change of residence or mailing address.

(o)

Nonconforming uses. Any business lawfully operating on the effective date of this Ordinance (June 1, 1994) that is in violation of the location or structural configuration requirements of this Ordinance shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed one year, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. If two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business is nonconforming. A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of a church, synagogue, or regular place of religious worship, or public or private school, within 1,000 feet, or the location of a boundary of any residential zoned district or any residential structure, a licensed day care center or a public park, within 450 feet or the location of a campground/recreational vehicle park or an outdoor recreational park within 500 feet. This provision applies only to the renewal of a valid permit and does not apply when an application for a permit is submitted after a permit has expired or has been revoked.

(p)

Injunction. A person who operates or causes to be operated a sexually oriented business without a valid permit or otherwise violates this Ordinance shall be subject to a suit for injunctive relief and/or revocation of the sexually oriented business permit, as well as fines or other penalties as provided by this zoning ordinance.

(q)

Variances and limitation on reapplication. Relief from any dimensional requirement of this Ordinance may be granted by the zoning board of appeals in accordance with Article 33. Any evidence and any guarantee may be required as proof that the conditions stipulated in connection therewith will be fulfilled. No application for a waiver of a spacing requirement or other zoning board of appeals approval for a regulated use which has been denied wholly or in part, or granted with conditions shall be resubmitted for a period of one year from the date of said order, except on the grounds of new evidence not previously available or proof of changed conditions.

(r)

Expansion and discontinuance.

(1)

Once established, a sexually oriented business may not be expanded in any manner without first applying for and receiving the approval of the zoning administrator.

(2)

If the regulated use is voluntarily discontinued, the use may not be reestablished without first applying for and receiving the approval of the zoning administrator.

(3)

Nothing herein shall prevent the reconstruction, repairing, or rebuilding and continued use of any building or structure under the regulation of this Ordinance, which is damaged by fire collapse, explosion, or any other involuntary cause.

(Ord. No. 144, 8-13-2019)

(a)

A group child care home and an adult day care home shall not be closer than 1,500 feet to: another licensed group child care home; another adult day care home, an adult foster care small or large group home licensed under the Adult Foster Care Licensing Act, PA 218 of 1979 as amended; a facility offering substance abuse treatment and rehabilitation service to seven or more people licensed under article 6 of the Public Health Code, PA 368 of 1978 as amended; a community correction center, resident home, halfway house, or other similar facility which houses an inmate population under the jurisdiction of the Michigan Department of Corrections.

(b)

Any outdoor play or recreation areas shall not be located within the required front yard setback area and shall be the minimum area required by state law.

(c)

All outdoor play and recreation areas shall be enclosed by a fence that is at least 48 inches high and complies with the applicable regulations for fences as required by this Zoning Ordinance.

(d)

Group homes shall meet the minimum dimensional regulations for single-family dwellings as required pursuant to the district in which the facility is to be located.

(e)

As a condition of approval, the Planning Commission may require conditions or site improvements as necessary to ensure the health and safety of children and adults and to ensure compatibility with neighboring uses and properties.

(f)

One off-street parking space shall be provided for each non-family employee of the group child care home in addition to parking normally required for the residence. A driveway shall be used to fulfill this requirement.

(g)

Hours of operation shall not exceed 16 hours in a 24-hour period. Outdoor activities pertaining to the day care operation shall not take place between the hours of 10:00 p.m. and 6:00 a.m.

(h)

A group home may have a sign as permitted by the zoning district in which the home is located.

(Ord. No. 144, 8-13-2019)

(a)

Dog runs and/or exercise areas shall not be located nearer than 100 feet to any adjacent occupied dwelling or building used by the public, and shall not be located in any required yard setback area.

(b)

All other principal use activities shall be conducted entirely within an enclosed building.

(Ord. No. 144, 8-13-2019)

Multifamily dwellings shall be permitted in the R-2, C-1, and C-2 Districts provided that the following conditions are met:

(a)

Access shall be provided by either two, one-way drives of not less than 15 feet in width or one, two-way drive of not less than 20 feet minimum width. Such drives shall be paved for such widths and shall provide separate, unrestricted access to a public road. Additional drive width shall be provided for utilities whenever feasible.

(b)

A lot containing a multifamily dwelling need not have frontage on a public street.

(c)

The front lot line for determining building setbacks shall be the edge of the access easement serving the parcel.

(d)

A multifamily use shall be connected to public water and sanitary sewer

(e)

Minimum lot size with sewer is 4,000 sq. ft./dwelling unit which is a maximum of 10.89 units per acre.

(Ord. No. 144, 8-13-2019)

(a)

Whenever the installation abuts a residential district, a transition strip at least 100 feet in width shall be provided between the fenced periphery of the site and the adjoining district. Such strip shall be landscaped according to Article 26.

(b)

Adequate standing and parking facilities shall be provided at the site so that no loaded vehicle at any time stands on a public right-of-way awaiting entrance to the site.

(c)

Materials shall be adequately protected so as to contain blowing debris.

(d)

Required screening shall include an opaque fence at least six feet in height but no higher than ten feet. All activities shall be confined within the fenced periphery of the site. No equipment, material or lighting shall be used or stored outside the enclosed area. Materials shall not be stacked higher than the fence.

(e)

No open burning shall be permitted.

(f)

All roads, driveways, parking lots, and loading/unloading areas within any recycling facility yard shall be paved, watered or chemically treated so as to limit the nuisance caused by wind-borne dust on adjoining lots and public roads. All access drives outside fenced areas shall be paved.

(g)

Recycling facilities must conform to all Michigan Department of Environment, Great Lakes and Energy regulations regarding wellhead protection zones.

(h)

Any materials listed on the Michigan Critical Materials Register (gasoline, Freon, solvents, etc.) shall require a secondary containment and a Pollution Incident Protection Plan filed with the Michigan Department of Natural Resources and Michigan Department of Environment, Great Lakes and Energy.

(i)

On-site retail sales of recycled goods are prohibited.

(Ord. No. 144, 8-13-2019)

(a)

All vehicle repairs shall be done within an enclosed structure.

(b)

Vehicles awaiting body repairs shall not be parked in the front yard.

(c)

Storage of new or used parts that are not on display for sale shall be kept in an enclosed structure or within an area screened by a six feet tall solid fence. Such storage shall not be located within the required front yard.

(d)

Vehicle storage areas shall be paved.

(e)

Towing services are permitted as an accessory use. Vehicles used in the towing operation shall not be parked in the front yard.

(Ord. No. 144, 8-13-2019)

(a)

The lot area used for vehicle display shall be hard-surfaced and the display or storage areas shall be provided with a permanent, durable, and dustless surface, and shall be graded and drained so as to dispose of all surface water.

(b)

The servicing and repair of vehicles, equipment or other items are permitted as an accessory use subject to approval by the Planning Commission.

(c)

Open air businesses shall have a permanent building in which business office operations are conducted.

(Ord. No. 144, 8-13-2019)

(a)

Outdoor storage is limited to boats, vehicles, trailers, recreational vehicles and equipment. Such items shall be kept in the rear of the parcel or otherwise located or screened from street view.

(b)

The use of the units for any residential, commercial, manufacturing, or assembly use, or repair service or similar use is prohibited.

(c)

Buildings shall be a minimum of 25 feet apart.

(d)

Required parking for the storage units shall be provided within the access aisles abutting the units.

(e)

All driveways, parking, loading storage, and vehicular circulation areas shall be paved.

(f)

All exterior lights including those attached to a building shall be equipped with cut-off fixtures to direct light downward.

(g)

The site shall be designed to avoid dead-end access lanes unless there is sufficient room for vehicles to turnaround.

(h)

The buildings shall be enclosed by a six-foot high security fence. Barb wire fencing is prohibited.

(Ord. No. 144, 8-13-2019)

(a)

The parcel on which the event is to take place shall contain a minimum of ten acres with a minimum of 200 feet of lot width.

(b)

The parcel shall contain an occupied single-family dwelling.

(c)

Only buildings which existed on the site as of the date of adoption of this amendment may be used for the proposed use. However, the Planning Commission may permit such buildings to be expanded up to 25 percent of the existing square footage provided all other applicable requirements of Township Ordinances are met.

(d)

Buildings proposed to be used shall comply with the applicable requirements of the Township Building Code and requirements of the Township Fire Chief.

(e)

The applicant shall submit the following to the Township as part of the application:

(1)

A written description of: the types of events to be held; the frequency of the events; hours and days of operation; provision for restroom facilities and food and beverages; security and traffic control measures; tents or other shelters to be erected; sound system; and other operational characteristics of the event.

(2)

Such uses shall not be subject to the site plan review requirements of Article 23 of this Ordinance. However, ten copies of an accurate and scaled drawing shall be submitted illustrating the location of the parcel within the Township, lot lines, setbacks of existing and proposed buildings, location and dimensions of the parking area, the width and location of access drives, location of exterior lights, event area, any tents or canopies to be used, distance to nearest dwelling unit off-site and other relevant features of the site and the use as may be required by the Planning Commission.

(3)

Proof of liability insurance.

(f)

The Planning Commission shall review the application and site drawing to confirm that the operation is designed to ensure the safety of users and that the use will not have a detrimental effect on nearby residents and property and will meet the Conditional Use approval standards of Section 109-23.03 as applicable.

(g)

In approving the use, the Commission may attach conditions in accordance with the provisions of Section 109-24.04 herein including limiting the hours of operation and frequency of the use in order to protect nearby land uses. Failure to comply with the conditions of approval may result in the termination of the Conditional Use by the Planning Commission following a public hearing.

(Ord. No. 144, 8-13-2019)

In addition to the requirements for a Conditional Use Permit as set forth in Article 24 herein a biofuel production facility is subject to the following:

(a)

The application materials shall include a description of the process to be used to produce biofuel and the number of gallons of biofuel anticipated to be produced annually.

(b)

An emergency access and fire protection plan shall be prepared by the applicant for approval by the Pere Marquette Charter Township Fire Department and the Mason County Sheriff Department.

(c)

A Conditional Use approval of a biofuel production facility shall be made expressly conditioned on the facility meeting all of the following requirements before the facility begins operation:

(1)

Buildings, facilities, and equipment used in the production or storage of biofuel shall comply with all applicable laws of Pere Marquette Charter Township, the State of Michigan and the federal government.

(2)

The owner or operator of the biofuel production facility provides the local unit of government with proof that all necessary approvals have been obtained from the Michigan Department of Environment, Great Lakes and Energy and other state and federal agencies that are involved in permitting any of the following aspects of biofuel production:

i.

Air pollution emissions;

ii.

Transportation of biofuel or additional products resulting from biofuel production;

iii.

Use or reuse of additional products resulting from biofuel production;

iv.

Storage of raw materials, fuel, or additional products used in, or resulting from, biofuel production;

v.

Disposal of liquid solid wastes.

(Ord. No. 144, 8-13-2019)

(a)

A Home-Based Business is an occupation, business, commercial activity, company or profession carried on by family members residing on the premises which is clearly incidental and secondary to the principal single-family residential use and has one or more of the following characteristics and is not a farm operation as defined herein:

(1)

The business has one or more employees who do not reside on the premises but who work on the premises or travel to the premises to pick up business vehicles or equipment for use off the premises;

(2)

The business has outside storage of materials or equipment solely related to the business within a designated and screened area; and/or

(3)

Has vehicles related solely to the home or business.

(b)

A Home-Based Business is allowed only in single-family residential dwelling units in the A-1 and A/R zoning districts provided a Conditional Use Permit is approved by the Planning Commission in accordance with the requirements of Article 24 herein.

(c)

A Home-Based Business shall comply with all of the following requirements:

(1)

The operator of the business shall be the property owner and must reside on the premises;

(2)

Outdoor storage of materials, equipment, and employee parking involved in the business is permitted provided it is adequately screened so it is not visible from adjoining roads and properties. Measures to screen such material or equipment are subject to the approval of the Planning Commission and shall include, but are not limited to one or more of the following: a solid fence no more than six feet in height; plantings which are at least five feet in height at planting and which will provide an adequate year-round screen; the topography of the site; existing vegetation on the site or the screening is provided by existing buildings.

(3)

The residential appearance of the dwelling shall not be altered in order to conduct the Home-Based Business.

(4)

The Home-Based Business shall be conducted so it does not constitute a nuisance or annoyance to the residents of adjoining properties due to noise, smoke, odor, electrical disturbance or night lighting, or the creation of unreasonable traffic to the premises or the outdoor parking of multiple vehicles related to the business.

(5)

In its approval of a Home-Based Business, the Planning Commission may impose reasonable conditions to ensure that the Home-Based Business will be compatible with its residential surroundings. Such conditions may include, but are not limited to restricting the hours of operation, limiting the number of non-resident employees, limiting the type and scope of operation, limiting the number and type of delivery vehicles and the number and type of business vehicles parked on the property and limiting the number of customer visits to the Home-Based Business, and the material which may be stored outdoors.

(d)

Standards for Approval. The Planning Commission shall base its decision for the approval of a Home-Based Business on the following standards:

(1)

Compliance with the requirements of this Section, including any conditions of the Conditional Use Permit;

(2)

Whether the vehicle traffic generated by the business will worsen the travel condition of the road serving the business or if the business vehicles will create unsafe travel conditions for other vehicles using the road.

(3)

Whether the business will be disruptive to nearby residents due to noise, vehicle traffic, lights, visibility of employees and equipment taking into consideration the number of nearby dwellings, the distance of the dwellings from the business, the condition of the roadway used by business vehicles and the visibility of the business to residents of nearby dwellings.

(4)

The general standards for a Conditional Use Permit approval found in this Ordinance.

(e)

Home-Based Business Conditional Use Permit Procedure. The following procedure shall be followed to obtain a permit for a Home-Based Business:

(1)

An application for a Home-Based Business shall be subject to the procedures and requirements for a Conditional Use Permit as set forth herein except that the site plan shall comply with the requirements of this Section and this Ordinance.

(2)

The applicant shall provide a written description of the Home-Based Business describing:

i.

Acreage of the parcel where the business is to be located;

ii.

Type of business;

iii.

Days and hours of operation;

iv.

Number of resident and non-resident employees;

v.

Number and types of vehicles and equipment used in the business;

vi.

Estimated customer and delivery trips per week, and vehicle or equipment pick- ups or drop-offs per week;

vii.

How the Home-Based Business meets the approval standards of this Section.

(3)

The applicant shall submit an accurate site plan drawing illustrating:

i.

The parcel and existing and proposed buildings on the property, and distances from all lot lines, showing that it meets the required setbacks for buildings;

ii.

The outdoor area on the parcel where the business will be conducted and any buildings proposed to be used for the Home-Based Business and distance to all lot lines, showing that it meets the required setbacks for buildings;

iii.

The driveway serving the parcel and the parking area for employees and business vehicles. Such parking need not be paved;

iv.

The distance to the nearest dwelling on adjacent property as measured from the lot line of the business parcel;

v.

The area where equipment will be stored outdoors and proposed measures of screening and fencing, in accordance with the fencing requirements of this Ordinance.

(4)

The Planning Commission shall review the application materials at a public hearing and may approve the Home-Based Business if the Planning Commission determines that the proposed Home-Based Business meets the Home-Based Business Standards listed herein and the Conditional Use and Site Plan approval standards of Conditional Land Uses as provided in this Ordinance.

(5)

If approved, a Home-Based Business Conditional Land Use Permit shall be issued and a copy provided to the applicant. The Conditional Land Use Permit shall be valid provided all Home-Based Business standards and any conditions imposed by the Planning Commission continue to be met.

(6)

The Home-Based Business Conditional Land Use Permit may be subject to an annual review by the Planning Commission or Zoning Administrator. The review process may include, but is not limited to the compliance with the standards and conditions set forth in granting the Home-Based Business Conditional Use Permit and any additional standards set by the Township at the time the Home-Based Business Conditional Land Use Permit was granted.

(Ord. No. 144, 8-13-2019)

(a)

Such uses shall only be established in a detached single-family dwelling.

(b)

The bed and breakfast shall serve as the principal residence of the owner, meaning the place where an owner of the property has his or her true, fixed, and permanent home to which, whenever absent, he or she intends to return and that shall continue as a principal residence until another principal residence is established.

(c)

One off-street parking space shall be provided for each sleeping/guest room.

(d)

Meals and other related bed and breakfast services may be provided only to the owner's family, employees, and overnight guests.

(e)

The property owner shall occupy the bed and breakfast while the bed and breakfast is in operation.

(Ord. No. 144, 8-13-2019; Ord. No. 156, § 8, 12-9-2025)

The following provisions apply to mineral extraction and processing/removal and/or addition of topsoil, sand, gravel or other such material:

(a)

No topsoil, sand, gravel, or other such materials involving a surface area over one acre or within 500 feet of a body of water shall be removed from or added to any property in the township unless authorized by the Planning Commission as a Conditional Land Use in accordance with Article 24 herein unless otherwise permitted by this Section 109-24.32. In considering such authorization, the Planning Commission or its designee shall require evidence that a soil erosion permit has been issued by the Mason County Drain Commission and shall consider the following standards and criteria:

(1)

The size of the property from which such topsoil, sand, gravel or other such materials are to be removed and/or added in relation to the area affected;

(2)

The amount of topsoil, sand, gravel, or other such material which is to be removed and/or added;

(3)

The purpose of such removal and/or addition;

(4)

The effect of such removal and/or addition on adjoining property;

(5)

The effect of such removal and/or addition in terms of causing a safety hazard, creation of erosion problems, altering the groundwater table and problems of this nature;

(6)

The potential for such removal and/or addition to cause the creation of sand blows, stagnant water pools, bogs, or any type of injurious area;

(7)

The effect of such removal and/or addition on the environment and the natural topography and potential destruction of a natural resource; and

(8)

Potential traffic congestion and problems from trucks or other vehicles or means being utilized to haul and transport the materials removed and/or added.

(b)

Material may be removed if less than one acre, and greater than 500 feet from a body of water, without authorization from the Planning Commission, provided there is compliance with all other requirements of this Ordinance and provided it will not cause a sand blow, stagnant water pools, bogs, other possible future injury to adjoining properties or any other type or kind of injurious circumstance.

(c)

All uses shall be established and maintained in accordance with all applicable State of Michigan Statutes. If any requirements of this subsection are less than those in applicable state statutes, the state requirements shall prevail.

(d)

No fixed machinery shall be erected or maintained within 50 feet of any property or street line. No cut or excavation shall be made closer than 50 feet to any street right-of-way line, utility easement, or property line in order to ensure sub lateral support to surrounding property.

(e)

Where it is determined by the Planning Commission to be a public hazard, all uses shall be enclosed by a fence six feet or more in height for the entire periphery of the property or portion thereof. Fences shall be adequate to prevent trespassing and shall be placed no closer than 50 feet from the top or bottom of any slope.

(f)

No building shall be erected on the premises except as may be permitted by this Ordinance or except as temporary shelter for machinery and field office subject to approval by the Planning Commission.

(g)

The Planning Commission shall establish routes for truck movement to and from the site in order to minimize the wear on public streets and to prevent hazards and damage to properties in the community. That portion of access road within the area of operation shall be provided with a dustless surface.

(h)

All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property, and individual or to the community in general.

(i)

The permit shall contain a time limit to be set by the Planning Commission, not to exceed 24 months, and shall be renewed upon determination that the site plan and reclamation plan are being complied with.

(j)

The permit shall require the removal of all installations, plants, buildings, foundations, stockpiles and equipment upon the cessation of mining or extraction operations or the expiration or revocation of a permit, within 12 months.

(k)

The applicant shall provide a closure plan detailing the reclamation of the site after removal of the material. The plan shall indicate final grades and elevations, reclamation activities and future site use.

(l)

As a condition to the issuance of a conditional use permit, the Planning Commission may require the posting of a performance bond issued by a corporate surety or commercial insurance carrier in such amounts that will ensure the applicant's timely compliance with all conditions of the permit.

(Ord. No. 144, 8-13-2019)

(a)

ADUs may be attached to the existing principal dwelling unit or an existing accessory structure or may be a detached structure. The ADU must comply with applicable Michigan Building Codes.

(b)

Construction of an ADU must comply with general regulations for accessory buildings, uses, and structures in Section 109-3.12 of the Zoning Ordinance. An attached ADU is not counted towards the maximum number of accessory buildings in applicable zoning districts.

(c)

Unless permitted under Section 109-3.48 in compliance with Township regulations as permitted in Section 109-24.33(q), occupancy of an ADU shall be limited to owners or occupants of the principal dwelling unit, non-renting invited guests of the owners or occupants of the principal dwelling unit, and long-term renters. The principal dwelling unit and the accessory dwelling unit may not be rented at the same time to different parties.

(d)

An accessory dwelling unit shall be permitted as a Conditional Use, subject to the conditional use permitting and site plan review process of Article 24 and Article 23 of the Zoning Ordinance.

(e)

Accessory dwelling units shall only be permitted on lots or parcels in the R-1, R-2, A/R and A-1 Districts that contain a conforming single-family dwelling and meet the minimum lot size or minimum street frontage requirements for that district.

(f)

A maximum of one (1) accessory dwelling unit shall be permitted per lot or parcel.

(g)

An ADU must be established as a permanent attached or detached structure. The use of a camper trailer, recreational vehicle, or other temporary and/or non-permanent structures shall be prohibited as an accessory dwelling unit.

(h)

An accessory dwelling unit shall be connected to public sewer and water supply or to private facilities that have been approved by the Mason County Health Department to meet the current health code requirements for the increased capacity created by establishing an ADU. Proof of authorizing agency approval for adequate water and sewer services, such as a septic and well status report, is required prior to construction or establishment of an ADU.

(i)

The accessory dwelling unit shall include, at a minimum, a kitchen, bathroom and sleeping area not shared with the principal dwelling unit. An ADU shall have its own primary ingress/egress door. When established or constructed, the ADU must comply with all current applicable Michigan Building Codes.

(j)

The exterior design of an accessory dwelling unit, whether a detached or attached structure, shall be compatible with the principal dwelling unit on the parcel. The building form, height, construction materials, and landscaping shall remain consistent with the principal dwelling unit.

(k)

The principal dwelling unit and the accessory dwelling unit shall share the same vehicular access to the property, with the exception of an ADU attached to an existing detached garage, which may have a separate point of vehicular access. There shall be at least one on-site parking space for the ADU provided in addition to the required parking for the principal dwelling unit.

(l)

Attached accessory dwelling units shall have a minimum of three hundred twenty (320) square feet of gross floor area and a maximum of eight hundred (800) square feet of gross floor area or sixty percent (60%) of the size of the first floor of the principal dwelling unit (whichever is lesser).

(m)

Detached accessory dwelling units shall have a minimum width of 20 feet as measured across each front, side and rear elevation, a minimum of four hundred (400) square feet of gross floor area and a maximum of eight hundred (800) square feet of gross floor area or sixty percent (60%) of the size of the first floor of the principal dwelling unit (whichever is lesser).

(n)

A detached accessory dwelling unit must meet all required minimum setbacks for the applicable zoning district. If the ADU is located within one hundred (100) feet of a property line, it must be located closer to the principal dwelling unit on the subject parcel than to the principal dwelling unit on an adjacent property.

(o)

A land split or boundary adjustment to divide a parcel containing an accessory dwelling unit from the principal single-family dwelling unit is not allowed, unless the accessory dwelling unit will independently meet the minimum floor area requirement for a principal dwelling unit of its respective zoning district, in addition to all other applicable Township zoning standards, and such a division is permitted by all other applicable Township zoning standards and the requirements of the Michigan Land Division Act, Act 288 of 1967.

(p)

Any proposed changes to an approved site plan that would increase the maximum floor area or impact the setbacks or height of an accessory dwelling unit are not considered minor changes under Section 109-23.09 of the Zoning Ordinance and must be re-reviewed by the Planning Commission prior to any potential changes.

(q)

Limitations on the Use of Accessory Dwelling Units.

(1)

In the R-1, R-2 and A-1 Zoning Districts, an accessory dwelling unit SHALL NOT be used as a short-term rental as defined in Section 109-3.48 herein AND SHALL NOT be leased or rented for a period of less than three (3) consecutive months at a time. Upon request of the Township, the owner of record shall provide a lease agreement evidencing the length of the lease.

(2)

In the A/R Zoning District, a parcel with an ADU may be rented for a period of less than three (3) consecutive months at a time only upon obtaining a short-term rental permit approved by the Township Zoning Department through the process as defined in Section 109-3.48, evaluated by the criteria defined within this section. The acceptable arrangements for short-term rental of a property with a permitted ADU are as follows:

(i)

If the ADU is used as a short-term rental, the property owner must occupy the principal dwelling unit during the operation of the short-term rental unit.

(ii)

If the principal dwelling unit is used as a short-term rental, the property owner must occupy the ADU during the operation of the short-term rental unit.

(iii)

The principal dwelling unit and ADU may not both be permitted or utilized as a short-term rental at the same time.

(Ord. No. 156, § 9, 12-9-2025)