Administrative review.

Administrative review process. The administrative review process shall be conducted as follows:

Site plan review. Buildings and structures used, in whole or in part, for agricultural processing or food storage that exceed the area thresholds for administrative review shall be subject to the provisions of Article IX, Site Plan Review, and reviewed by the Planning Commission.

Locally/regionally grown materials. Raw agricultural products processed and/or stored at such facility shall be locally/regionally grown and obtained from Michigan farms within a radius of no more than 100 miles from the facility.

Setbacks. Facilities used for agricultural processing and/or food storage shall be set back a minimum of 100 feet from any adjacent residential structure.

Parking. Parking areas and surfaces shall be adequate to accommodate anticipated traffic and vehicles on-site. No parking or maneuvering lanes shall be permitted within any road right-of-way.

Hours of operation. The facility shall not create a nuisance to nearby property owners, and shall operate any time between the hours of 7:00 a.m. and 7:00 p.m.

Other permits. All other required permits shall be obtained.

Community supported agriculture or associated distribution/pickup center, u-pick operations, and farm markets occupying less than 1,500 square feet shall be reviewed administratively. The administrative review process shall be conducted as follows:

Community supported agriculture or associated distribution/pickup center, u-pick operations, and farm markets occupying 1,500 square feet or more shall require review and approval from the Planning Commission.

Locally/regionally grown farm products. Agriculture products distributed or sold at such facility shall be locally/regionally grown and obtained from Michigan farms within a radius of no more than 100 miles from the facility. For value-added products sold at any facility, at least 50% of the products' namesake ingredient must be produced by a Michigan farm within 100 miles of the facility.

Minimum lot area. Minimum lot area shall be 2.5 acres.

Setbacks. Facilities or areas used for CSA or farm markets shall be set back a minimum of 100 feet from any adjacent residential structure.

Parking. Adequate parking for the maximum number of expected patrons must be provided on-site and outside of any road right-of-way. Parking lot and maneuvering lane surfaces shall be adequate for the number and types of vehicles accessing the facility.

Hours of operation. The facility shall operate any time between the hours of 7:00 a.m. and 7:00 p.m.

Lighting. Lighting used in the operation of the CSA and/or farm market shall be downward facing and shielded to minimize light trespass onto adjacent properties. Lights, other than those needed only for security, shall not be turned on when the CSA, or farm market facility is not in use.

Nuisances. The CSA or farm market facility shall not create nuisances for adjacent property owners. Such nuisances include, but are not limited to, amplified music or sounds, excessive dust or odors, and/or traffic that cannot be accommodated on-site.

Other permits. All other required permits shall be obtained.

Other marketing strategies. Other marketing strategies, activities, and services designed to attract and entertain customers while they are at the CSA or farm market require additional review by the Township, the Planning Commission, and/or the Township Board.

Cider mills or wineries selling product in a tasting room, containing at least 50% of crops or produce grown on-site.

Seasonal outdoor mazes of agricultural origin, such as straw bales or corn.

The processing, storage and retail or wholesale marketing of agricultural products into a value-added agricultural product in a farming operation if at least 50% of the stored or processed, or merchandised products are produced by the farm operator.

U-pick operations.

Uses listed in Subsection A(1) through (4) above may include any or all of the following ancillary agriculturally related uses and some non-agriculturally related uses so long as the general agricultural character of the business is maintained and the income from these activities represents less than 50% of the gross receipts from the business.

Other commercial/tourism business that are complementary and accessory to the primary agricultural land use of the subject property, including but not limited to: a) small-scale entertainment (e.g., music concert, car show, art fair), b) organized meeting space (e.g., for use by weddings, birthday parties, and corporate events.), c) designated, permanent parking for more than 20 vehicles.

Minimum lot area of 10 acres.

A 200-foot open buffer shall be provided on all sides of the property not abutting a roadway. Agricultural commercial/tourism business activities shall not be allowed within this buffer area. Where possible, crops shall remain within this buffer area to help maintain the agricultural character of the site.

Buffer plantings shall be provided along the property line where there is an abutting residence. Greenbelt plantings are intended to screen views of the proposed operation from the adjacent home or property. Buffer plantings shall meet the standards of § 40-13.02.

Must provide off-street parking to accommodate the use as outlined in Article XII.

The following additional operational information must also be provided as applicable:

All areas of the property to be used, including all structures on-site, must be clearly identified.

A site plan, prepared in accordance with Article IX shall be required to be submitted.

The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located, provided that there is a minimum site area of 2,000 square feet per adult, excluding employees and/or caregivers.

The property is maintained in a manner that is consistent with the character of the neighborhood.

One off-street parking space per employee and/or caregiver shall be provided.

Appropriate licenses with the State of Michigan shall be maintained.

A separate dropoff and pickup area shall be required adjacent to the main building entrance, located off of a public street and the parking access lane, and shall be of sufficient size so as not to create congestion on the site or within a public roadway.

A site plan, prepared in accordance with Article IX shall be required to be submitted.

The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located, provided that there is a minimum site area of 2,000 square feet per adult, excluding employees and/or caregivers.

The property is maintained in a manner that is consistent with the character of the neighborhood.

One off-street parking space per employee and/or caregiver and one visitor shall be provided.

Appropriate licenses with the State of Michigan shall be maintained.

A separate dropoff and pickup area shall be required adjacent to the main building entrance, located off of a public street and the parking access lane, and shall be of sufficient size so as to not create congestion on the site or within a public roadway.

A site plan, prepared in accordance with Article IX shall be required.

The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located, provided that there is a minimum site area of 2,000 square feet per adult, excluding employees and/or caregivers.

The property is maintained in a manner that is consistent with the character of the neighborhood.

One off-street parking space per employee and/or caregiver and one visitor shall be provided.

Appropriate licenses with the State of Michigan shall be maintained.

The maximum length of an uninterrupted building facade facing public streets and residentially zoned or used property shall be 30 feet. Facade articulation or architectural design variations for building walls facing the street are required to ensure that the building is not monotonous in appearance. Building wall offsets (projections and recesses), cornices, varying building materials, or pilasters shall be used to break up the mass of a single building.

Such facilities may include multipurpose recreational rooms, kitchens, and meeting rooms. Such facilities may also include medical examination rooms and limited space for ancillary services for the residents of the facility, such as barber and beauty facilities.

Dwellings may be provided for as single-family detached, two-family or multiple-family units. When such dwellings contain kitchens, the minimum site area requirements for purposes of calculating density shall be as follows:

Where facilities do not contain kitchen facilities within individual dwelling units, the site area per bed shall be 1,500 square feet.

There are adequate provisions on the subject property for off-street parking for each adult proposed to reside on the premises, and adequate storage for each person proposed to reside on the premises;

The extent of increase or enlargement of the limit upon the number of persons shall not, considered cumulatively with existing and reasonable projected population concentration in the area, place an unreasonable burden upon public services, facilities, and/or schools;

There shall be a minimum of 125 square feet of usable floor space per person on the premises; and

If the property in question is not serviced with public water and/or sewer facilities, an approval under this section shall be conditioned upon approval by the County Health Department of the number of persons on the premises in relation to sanitary sewage and water facilities.

Provide older homeowners with a means to stay more comfortably in homes and neighborhoods they might otherwise be forced to leave;

Add moderately priced rental units to the housing stock to meet the needs of smaller households and make housing units available to moderate-income household who might otherwise have difficulty finding housing;

Develop housing units in single-family neighborhoods that are appropriate for households at a variety of stages in their life cycle;

Provide housing units for persons with disabilities; and

Protect stability, property values, and the residential character of a neighborhood.

The units shall be a separate housekeeping unit, and shall not exceed 50% of the floor area of the principal residence.

Only one accessory dwelling shall be permitted on each lot or parcel.

The owners of the principal residence shall continue to occupy the principal residence.

The accessory dwelling unit shall not be occupied by more than two persons meeting the definition of "family."

All setback and lot coverage requirements of the district shall be met.

A minimum of one additional off-street parking space shall be provided for the accessory dwelling.

Twenty feet from any part of an attached or detached structure of an adjacent mobile home which is used for living purposes.

Ten feet from an on-site parking space of an adjacent site.

Ten feet from either of the following: an attached or detached structure or accessory of an adjacent mobile home which is not used for living purposes.

Fifty feet from any permanent building.

Ten feet from the edge of an internal street.

Twenty feet from the right-of-way line of a dedicated public street within the mobile home park.

Seven and one-half feet from a parking bay.

Seven feet from a common pedestrian walkway.

A minimum of two parking spaces shall be provided for each mobile home site. The minimum number of parking spaces for conditional uses permitted in a mobile home park may be reduced to 2/3 the number required for such uses as set forth in Article XII, herein, as part of a conditional use permit approval.

Additional parking facilities shall be provided as follows:

Vehicular access to a mobile home park shall be provided by at least one hard surface public road.

Only streets within the mobile home park shall provide vehicular access to individual mobile home sites in the mobile home park.

Two-way streets shall have a minimum width of 21 feet where no parallel parking is permitted, 31 feet where parallel parking is permitted, along one side of the street, and 41 feet where parallel parking is permitted along both sides of the street.

The minimum width of a one-way street shall be 13 feet where no parallel parking is permitted, 23 feet where parallel parking is permitted along one side, and 33 feet where parallel parking is permitted along both sides.

A dead-end road shall terminate with an adequate turning area. A blunt-end road is prohibited. Parking shall not be permitted within the turning area.

It shall be unlawful to park a mobile home unit so that any part of such unit will obstruct a street or pedestrian walkway.

A building permit shall be issued by the Township Building Department before a mobile home may be placed on a site in a mobile home park.

The site plan shall be prepared on standard twenty-four-inch by thirty-six-inch sheets and shall be of a scale not greater than one inch equals 20 feet or less than one inch equals 200 feet, and of such accuracy that the Planning Commission can readily interpret the plan.

Scale, North arrow, name, and date, plus date of any revisions.

Name and address of property owner and applicant; interest of applicant in the property; name and address of developer.

Name and address of designer. A site plan shall be prepared by an architect, landscape architect, engineer, or land surveyor registered in the State of Michigan.

A vicinity map; legal description of the property; dimensions and area; lot line dimensions and bearings. A metes and bounds description shall be based on a boundary survey prepared by a registered surveyor.

Existing topography, at minimum of two-foot contour intervals; existing natural features, such as trees, wooded areas, streams, and wetlands; natural features to remain or to be removed; 100-year flood hazard area.

Existing buildings, structures, and other improvements, including drives, utility poles and sewers, easements, pipelines, excavations, ditches, bridges, culverts; existing improvements to remain or to be removed; deed restrictions, if any.

Name and address of owners of adjacent properties; use and zoning of adjacent properties; location and outline of buildings, drives, parking lots, and other improvements on adjacent properties.

Locations and size of existing public utilities on or surrounding the property; location of existing fire hydrants; inverts of sanitary and storm sewers; location of existing manholes and catch basins; location of existing wells, septic tanks, and drainfields, if applicable.

Names and rights-of-way of existing streets on or adjacent to the property; surface type and width; spot elevations of street surface at intersections with streets and drives of the proposed development.

Zoning classification of the subject property; location of required yards; total property area; dwelling unit density; schedule of dwelling units, by type; phasing information.

Grading plan, at a minimum contour interval of two feet.

Location and exterior dimensions of proposed buildings and structures other than mobile home dwellings; height and finished floor elevations of such buildings and structures; location of mobile home and parking spaces.

Location and alignment of all proposed streets and drives; rights-of-way, where applicable; surface type and width; typical street sections; location and details of curbs; curb radii.

Location and dimensions of proposed parking lots; number of spaces in each lot; dimensions of spaces and aisles; typical section of parking lot surface.

Location, width, and surface of proposed sidewalks and pedestrian paths.

Location, use, size, and proposed improvements of open space and recreation areas.

Location and type of proposed screens and fences; height, typical elevations, and vertical section of screens, showing materials and dimensions.

Location, type, size, area, and height of proposed signs.

General proposed utility layout for sanitary sewer, water and stormwater systems.

An overall map at a smaller scale showing how this property ties in with all other surrounding properties should be developed to include:

Landscape plan showing location, type, and size of plant materials.

Location, dimension, and materials of proposed retaining walls; fill materials; typical vertical sections.

Shelters shall be located no more than 600 feet from any dwelling unit and/or occupied area served and on the same property.

Shelters shall provide 5.5 square feet of floor area per occupant and accommodate 100% occupancy of the facility. For residential use types, this shall be computed for each unit as follows:

Shelters shall be designed to withstand a wind speed of 200 miles per hour and in accordance with the technical guidelines recommended by the United States Federal Emergency Management Agency.

Conditional use required.

The conditional use permit shall establish a limit on the number of animals that may be boarded at one time.

The conditional use permit may limit the specific species of animals that are permitted.

The conditional use permit may establish a limit on other measures of the intensity of use.

The kennel shall be subject to the permit and operational requirements of state and county regulatory agencies.

Pet grooming (including bathing, fur and nail trimming, brushing, flea and tick treatment, and similar treatment) shall be permitted for animals being boarded; for animals not being boarded, pet grooming shall be permitted if specifically authorized in the conditional use permit.

The sale of pet and veterinary products shall be incidental to the kennel unless specifically authorized in the conditional use permit.

Veterinary care shall be incidental to the kennel unless specifically authorized in the conditional use permit.

Structures in which animals are kept, as well as animal runs and exercise areas, shall not be located in any required front or rear setback area and shall be located at least 50 feet from any dwelling or building used by the public on adjacent land.

All animals shall be kept in an enclosed structure, except for walking and outdoor exercise when accompanied and controlled by an employee of the kennel. The conditional use permit may limit the time during which the animals are permitted out of the building.

An operations and maintenance plan shall be submitted that specifically addresses how noise will be attenuated and waste handled.

In districts other than agricultural districts, facilities must be connected to public utilities where available.

The applicant shall include a waste management plan.

Sexually oriented businesses require special supervision from the public safety agencies of the Township in order to protect and preserve the health, safety, and welfare of the patrons of such businesses as well as the citizens of the Township. There is convincing documented evidence that sexually oriented businesses, as a category of establishments, have deleterious secondary effects and are often associated with crime and adverse effects on surrounding properties. The Board of Trustees desires to minimize and control these adverse effects and thereby protect the health, safety, and welfare of the citizenry; protect the citizens from crime; preserve the quality of life; preserve the character of surrounding neighborhoods and deter the spread of urban blight.

Certain sexually oriented products and services offered to the public are recognized as not inherently expressive and not protected by the First Amendment. See, e.g., Heideman v. South Salt Lake City, 348 F.3d 1182, 1195 (10th Cir. 2003) ("[T]he Ordinance applies to all 'sexually oriented businesses,' which include establishments such as 'adult motels' and 'adult novelty stores,' which are not engaged in expressive activity."); Sewell v. Georgia, 233 S.E.2d 187 (Ga. 1977) (upholding ban on commercial distribution of sexual devices), dismissed for want of a substantial federal question, 435 U.S. 982 (1978).

Sexually oriented businesses have often manipulated their inventory or business practices to avoid regulation while retaining their adult nature. See, e.g., Z.J. Gifts D-4, L.L.C. v. City of Littleton, No. 99-N-1696, Memorandum Decision and Order (D. Colo. March 31, 2001) (finding retail adult store's "argument that it is not an adult entertainment establishment" to be "frivolous at best"); People ex rel. Deters v. The Lion's Den, Case No. 04-CH-26, Modified Permanent Injunction Order (Ill. Fourth Judicial Circuit, Effingham County, July 13, 2005) (noting that adult store manager's testimony was "less than candid" and "suggested an intention to obscure the actual amount of sexually explicit material sold"); City of New York v. Hommes, 724 N.E.2d 368 (N.Y. 1999) (documenting manipulation of inventory to avoid regulation); Taylor v. State, No. 01-01-00505-CR, 2002 WL 1722154 (Tex. App. July 25, 2002) (noting that "the nonadult video selections appeared old and several of its display cases were covered with cobwebs").

The manner in which an establishment holds itself out to the public is a reasonable consideration in determining whether the establishment is a sexually oriented business. See, e.g., East Brooks, Books, Inc. v. Shelby County, 588 F.3d 360, 365 (6th Cir. 2009) ("A prominent display advertising an establishment as an 'adult store,' moreover, is a more objective indicator that the store is of the kind the Act aims to regulate, than the mere share of its stock or trade comprised of adult materials."); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 261 (1991) (Scalia, J., concurring in part and dissenting in part) ("[I]t is most implausible that any enterprise which has as its constant intentional objective the sale of such [sexual] material does not advertise or promote it as such."); Patterson v. City of Grand Forks, Case No. 18-2012-CV-00742 (Nov. 1, 2012) (upholding sex paraphernalia store location restriction which exempted stores in regional shopping malls because malls on are on large parcels that buffer sensitive land uses, have their own security personnel, and limit signage and hours of operation). The Township intends to regulate such businesses as sexually oriented businesses through a narrowly tailored ordinance designed to serve the Township's content-neutral substantial interest in preventing the negative secondary effects of sexually oriented businesses, and its regulations shall be narrowly construed to this end.

The purpose and intent of this section is to regulate sexually oriented businesses in order to promote the health, safety, and general welfare of the citizens of the Township, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the Township.

The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.

Based on evidence of the adverse secondary effects of adult uses presented in hearings and in reports made available to the Board of Trustees, and on findings, interpretations, and narrowing constructions incorporated in the cases of City of Littleton v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774 (2004); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); City of Erie v. Pap's A.M., 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 427 U.S. 50 (1976); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue, 409 U.S. 109 (1972); N.Y. State Liquor Authority v. Bellanca, 452 U.S. 714 (1981); Sewell v. Georgia, 435 U.S. 982 (1978); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); City of Dallas v. Stanglin, 490 U.S. 19 (1989); and Entm't Prods., Inc. v. Shelby County, 721 F.3d 729 (6th Cir. 2013); Lund v. City of Fall River, 714 F.3d 65 (1st Cir. 2013); Imaginary Images, Inc. v. Evans, 612 F.3d 736 (4th Cir. 2010); LLEH, Inc. v. Wichita County, 289 F.3d 358 (5th Cir. 2002); Ocello v. Koster, 354 S.W.3d 187 (Mo. 2011); 84 Video/Newsstand, Inc. v. Sartini, 2011 WL 3904097 (6th Cir. Sept. 7, 2011); Plaza Group Properties, LLC v. Spencer County Plan Commission, 877 N.E.2d 877 (Ind. Ct. App. 2007); Flanigan's Enters., Inc. v. Fulton County, 596 F.3d 1265 (11th Cir. 2010); East Brooks Books, Inc. v. Shelby County, 588 F.3d 360 (6th Cir. 2009); Entm't Prods., Inc. v. Shelby County, 588 F.3d 372 (6th Cir. 2009); Sensations, Inc. v. City of Grand Rapids, 526 F.3d 291 (6th Cir. 2008); World Wide Video of Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004); Ben's Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003); Peek-a-Boo Lounge v. Manatee County, 630 F.3d 1346 (11th Cir. 2011); Daytona Grand, Inc. v. City of Daytona Beach, 490 F.3d 860 (11th Cir. 2007); Heideman v. South Salt Lake City, 348 F.3d 1182 (10th Cir. 2003); Williams v. Morgan, 478 F.3d 1316 (11th Cir. 2007); Jacksonville Property Rights Ass'n, Inc. v. City of Jacksonville, 635 F.3d 1266 (11th Cir. 2011); H&A Land Corp. v. City of Kennedale, 480 F.3d 336 (5th Cir. 2007); Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995); Fantasy Ranch, Inc. v. City of Arlington, 459 F.3d 546 (5th Cir. 2006); Illinois One News, Inc. v. City of Marshall, 477 F.3d 461 (7th Cir. 2007); G.M. Enterprises, Inc. v. Town of St. Joseph, 350 F.3d 631 (7th Cir. 2003); Richland Bookmart, Inc. v. Knox County, 555 F.3d 512 (6th Cir. 2009); Bigg Wolf Discount Video Movie Sales, Inc. v. Montgomery County, 256 F. Supp. 2d 385 (D. Md. 2003); Richland Bookmart, Inc. v. Nichols, 137 F.3d 435 (6th Cir. 1998); Spokane Arcade, Inc. v. City of Spokane, 75 F.3d 663 (9th Cir. 1996); DCR, Inc. v. Pierce County, 964 P.2d 380 (Wash. Ct. App. 1998); City of New York v. Hommes, 724 N.E.2d 368 (N.Y. 1999); Fantasyland Video, Inc. v. County of San Diego, 505 F.3d 996 (9th Cir. 2007); Bronco's Entm't, Ltd. v. Charter Twp. of Van Buren, 421 F.3d 440 (6th Cir. 2005); Charter Twp. of Van Buren v. Garter Belt, Inc., 258 Mich. App. 594 (2003); Jott, Inc. v. Clinton Twp., 224 Mich. App. 513 (1997); Michigan ex rel. Wayne County Prosecutor v. Dizzy Duck, 449 Mich. 353 (1995); Gora v. City of Ferndale, 456 Mich. 704 (1998); Rental Property Owners Ass'n of Kent County v. City of Grand Rapids, 455 Mich. 246 (1996); 15192 Thirteen Mile Road, Inc. v. City of Warren, 626 F. Supp. 803 (E.D. Mich. 1985); City of Warren v. Executive Art Studio, Inc., No. 197353, 1998 WL 1993022 (Mich. App. Feb. 13, 1998); Tally v. City of Detroit, 54 Mich. App. 328 (1974); Z.J. Gifts D-2, L.L.C. v. City of Aurora, 136 F.3d 683 (10th Cir. 1998); ILQ Investments, Inc. v. City of Rochester, 25 F.3d 1413 (8th Cir. 1994); Enlightened Reading, Inc. v. Jackson County, 2009 WL 792492 (W.D. Mo. March 24, 2009); MJJG Restaurant, LLC v. Horry County, 2014 WL 1314445 (D.S.C. Mar. 28, 2014); Cricket Store 17, LLC v. City of Columbia, --- F.Supp.2d ---, 2014 WL 526339 (D.S.C. Feb. 10, 2014); Taylor v. State, No. 01-01-00505-CR, 2002 WL 1722154 (Tex. App. July 25, 2002); Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005); Z.J. Gifts D-4, L.L.C. v. City of Littleton, Civil Action No. 99-N-1696, Memorandum Decision and Order (D. Colo. March 31, 2001); People ex rel. Deters v. The Lion's Den, Inc., Case No. 04-CH-26, Modified Permanent Injunction Order (III. Fourth Judicial Circuit, Effingham County, July 13, 2005); Reliable Consultants, Inc. v. City of Kennedale, No. 4:05-CV-166-A, Findings of Fact and Conclusions of Law (N.D. Tex. May 26, 2005); Warren Gifts, LLC v. City of Warren, No. 2:02-cv-70062, R. 26 (E.D. Mich. June 21, 2002) (denying motion for preliminary injunction); Patterson v. City of Grand Forks, Case No. 18-2012-CV-00742, Memorandum Decision and Order (Grand Forks Cnty. Dist. Ct. Nov. 1, 2012); and based upon reports concerning secondary effects occurring in and around sexually oriented businesses, including, but not limited to, "Correlates of Current Transactional Sex among a Sample of Female Exotic Dancers in Baltimore, MD," Journal of Urban Health (2011); "Does the Presence of Sexually Oriented Businesses Relate to Increased Levels of Crime?" Crime & Delinquency (2012) (Louisville, KY); Metropolis, Illinois - 2011-12; Manatee County, Florida - 2007; Hillsborough County, Florida - 2006; Clarksville, Indiana - 2009; El Paso, Texas - 2008; Memphis, Tennessee - 2006; New Albany, Indiana - 2009; Louisville, Kentucky - 2004; Fulton County, GA - 2001; Chattanooga, Tennessee - 1999-2003; Jackson County, Missouri - 2008; Ft. Worth, Texas - 2004; Kennedale, Texas - 2005; Greensboro, North Carolina - 2003; Dallas, Texas - 1997; Houston, Texas - 1997, 1983; Phoenix, Arizona - 1995-98, 1979; Tucson, Arizona - 1990; Spokane, Washington - 2001; St. Cloud, Minnesota - 1994; Austin, Texas - 1986; Indianapolis, Indiana - 1984, 2009; Garden Grove, California - 1991; Los Angeles, California - 1977; Whittier, California - 1978; Oklahoma City, Oklahoma - 1986; New York, New York Times Square - 1994; the Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota); Dallas, Texas - 2007; "Rural Hotspots: The Case of Adult Businesses," 19 Criminal Justice Policy Review 153 (2008); "Stripclubs According to Strippers: Exposing Workplace Sexual Violence," by Kelly Holsopple, Program Director, Freedom and Justice Center for Prostitution Resources, Minneapolis, Minnesota; "Sexually Oriented Businesses: An Insider's View," by David Sherman, presented to the Michigan House Committee on Ethics and Constitutional Law, Jan. 12, 2000; Sex Store Statistics and Articles; and Law Enforcement and Private Investigator Affidavits (Adult Cabarets in Forest Park, GA and Sandy Springs, GA), the Board of Trustees finds:

The Township hereby adopts and incorporates herein its stated findings and legislative record related to the adverse secondary effects of sexually oriented businesses, including the judicial opinions and reports related to such secondary effects.

Location.

For the purpose of this section, measurements shall be made in a straight line in all directions without regard to intervening structures or objects, from the closest part of the structure used in conjunction with the sexually oriented business to the closest point on a property boundary or right-of-way associated with any of the land use(s) identified in Subsection D(1) above. If the sexually oriented business is located in a multitenant structure, the distance shall be measured from the closest part of the tenant space occupied by the sexually oriented business to the closest point on a property boundary or right-of-way associated with any of the land use(s) identified in Subsection D(1)above.

A sexually oriented business lawfully operating is not rendered a nonconforming use by the subsequent location of a place of worship, school, child-care facility, public park, residential district, or a residential lot within 500 feet of the sexually oriented business. However, if the sexually oriented business ceases operation for a period of 180 days or more, regardless of any intent to resume operation, it may not recommence operation in that location unless it achieves conformity with the Pittsfield Township Ordinances.

Each stacking lane shall be one-way, and each stacking lane space shall be a minimum of 12 feet in width and 20 feet in length.

If proposed, an escape lane shall be a minimum of 12 feet in width to allow other vehicles to pass those waiting to be served.

The number of stacking spaces per service lane shall be provided for the uses as listed in Table 11.25.E-1. When a use is not specifically mentioned, the requirements for off-street stacking spaces for the use with similar needs, as determined at the discretion of the Zoning Administration, shall apply.

Facades and exterior walls. The maximum length of an uninterrupted building facade facing public streets, residentially zoned or used property, and/or parks shall be 30 feet. Facade articulation or architectural design variations for building walls facing the street are required to ensure that the building is not monotonous in appearance. Building wall offsets (projections and recesses), cornices, varying building materials, or pilasters shall be used to break up the mass of a single building.

Roofs. Roofs shall exhibit one or more of the following features depending upon the nature of the roof and building design:

Parking lot location. No more than 50% of the off-street parking area devoted to the large-scale retail establishment shall be located within the front yard and between the front facade of the principal building and the abutting streets.

Primary entrance. The primary building entrance shall be clearly identifiable and usable and located facing the right-of-way.

Pedestrian connection. A pedestrian connection shall provide a clear, obvious, publicly accessible connection between the primary street upon which the building fronts and the building. The pedestrian connection shall comply with the following:

Additional entrances. In addition to the primary facade facing front facade and/or the right-of-way, if a parking area is located in the rear or side yard, it must also have a direct pedestrian access to the parking area that is of a level of materials, quality, and design emphasis that is at least equal to that of the primary entrance.

Delivery/loading operations. Loading docks, trash collection, outdoor storage, and similar facilities and functions shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. Use of screening materials that are different from or inferior to the principal materials of the building and landscape is prohibited.

It shall be unlawful to operate or cause to be operated a firearm retail sales establishment or firearm retail sales as an accessory use operation in any location in the Township, except as provided for in this section.

Conditions of approval. The Planning Commission may recommend that the Township Board impose such conditions or limitations upon the establishment, location, construction, maintenance or operation of firearm retail sales, as shall, in its judgment, considering the standards set forth in Article X of this chapter, be necessary for the protection of the public health, safety, welfare, and interest, except that any conditions imposed on any firearm retail sales as defined in this section shall be limited to those conditions necessary to assure compliance with the standards and requirements of § 40-11.27C. Any evidence and guarantee may be required as proof that the conditions stipulated in connection with the establishment, maintenance and operation of a firearm retail sales business shall be fulfilled.

It shall be unlawful to operate or cause to be operated a firearm retail sales establishment within 500 feet (measured from the nearest lot line to the nearest lot line on a straight-line basis) of any of the following:

It shall be unlawful to cause or permit the operation of a firearm retail sales establishment within 1,000 feet of another firearm retail sales establishment. The distance between any such businesses shall be measured from the nearest lot line to the nearest lot line on a straight-line basis.

It shall be unlawful to cause or permit the operation or maintenance of more than one firearm retail sales establishment in the same building, structure, or portion thereof.

All off-street parking areas and entry door areas of firearm retail sales establishments shall be illuminated from dusk until the closing time of the business with a lighting system that provides an average maintained horizontal illumination of one footcandle of light on all parking surfaces and/or walkways. This requirement level is to help ensure the personal safety of patrons and employees and to reduce the incidence of vandalism and other criminal conduct.

Any firearm retail sales establishment shall be subject to all the applicable requirements of this chapter.

A firearm retail sales establishment lawfully operating is not rendered a nonconforming use by the subsequent location of a place of worship, school, child-care facility, public park, residential district, or a residential lot within 500 feet of the firearm retail sales establishment. However, if the firearm retail sales establishment ceases operation for a period of 180 days or more, regardless of any intent to resume operation, it may not recommence operation in that location except in conformity with the Pittsfield Charter Township Ordinances.

No firearms or ammunition shall be displayed in window areas visible from a street or sidewalk.

A firearm retail sales establishment shall have appropriate measures to ensure the business can be secured at all times.

Not more than 2%, including hallway space, of the total floor area devoted to dwelling units within the apartment building(s) shall be so used.

All such incidental services shall be situated within the interior of a so that no part thereof shall be directly accessible from any street or other public or private way.

No sign or window display shall be discernible or visible from a sidewalk, street, or other public or private way.

Such incidental service shall not be located on any floor above the first or ground floor.

Such facilities shall be of the kinds needed to serve customers and employees of the research (industrial) park, such as but not limited to restaurants, but not including drive-ins, auto service stations, auto washes, gift shops, offices, and motels.

Such facilities shall be concentrated in a center, and the layout of the site shall be such that the center is clearly oriented to the research (industrial) park and not to the general public.

All recyclable materials shall at all times be stored within a completely enclosed building.

The proposed use must be of such location, size, and character that it will be in harmony with the appropriate and orderly development of the surrounding area.

The location and size of the proposed use or uses, the nature and intensity of the principal use and all accessory uses, the site layout and its relation to streets giving access to it shall be such that traffic to and from the use and uses, and the assembly of persons in connection therewith, will not be hazardous or inconvenient to the area nor unduly conflict with the normal traffic of the area. Vehicles loading or unloading shall be contained within the property. All driveways and parking areas on the site shall be hard-surfaced to Township specifications.

The location, size, intensity, site layout, and periods of operation of any such proposed use must be designed to eliminate any possible nuisance likely to emanate therefrom which might be noxious to the occupants of any other nearby permitted uses, whether by reason of dust, noise, fumes, vibration, smoke, or lights, or the presence of toxic materials.

All areas shall be screened from view of adjacent residentially zoned or used property, in accordance with the standards set forth in § 40-13.02.

Incineration or open burning in any building or on the site.

Overnight storage of any refuse material, other than recyclable materials, in any building.

Dumping or storage of material on the site outside the buildings at any time.

The storage of any toxic, corrosive, flammable, or hazardous materials is prohibited.

Other than the storage of recreation vehicles, all storage and accessory uses shall be contained within a building. All recreational vehicle storage shall be screened from the view of residentially zoned or used property and public roads in accordance with the standards set forth in § 40-13.02.

Exterior walls of all storage units shall be of masonry construction.

A completed application and all required information for site plan approval as set forth in Article IX of this chapter.

A completed application for conditional use approval as set forth in Article X of this chapter.

Market information. The applicant shall submit a report prepared by a geologist and/or other experts with the credentials to represent compliance with MCL 125.3205, Sections (3) and (4), that the natural resources to be extracted shall be considered valuable, and the applicant can receive revenue and reasonably expect to profit from the proposed mineral mining operation. The applicant shall also provide documentation that there is a need for the natural resources to be mined by either the applicant or in the market served by the applicant.

There shall be not more than one entranceway from a public road to said lot for each 660 feet of front lot line.

Such removal shall not take place before sunrise or after sunset.

No activities conducted in conjunction with the extractive operation shall take place closer than 100 feet to any lot line.

All roads, driveways, parking lots, and loading and unloading areas within 100 feet of any lot line shall be paved, watered, or chemically treated so as to limit, on adjoining lots and public roads, the nuisance caused by windborne dust.

All fixed equipment and machinery shall be located at least 100 feet from any lot line and 500 feet from any residential zoning district, but that in the event the zoning classification of any land within 500 feet of such equipment or machinery shall be changed to residential subsequent to the operation of such equipment or machinery, such equipment or machinery may continue henceforth but in no case less than 100 feet from any lot line.

There shall be erected a fence of not less than six feet in height around the periphery of the area being excavated. Fences shall be adequate to prevent trespass, and shall be placed on level terrain no closer than 50 feet to the top edge of any slope.

All areas within any single development shall be rehabilitated progressively as they are worked out or abandoned to a condition of being entirely lacking in hazards, inconspicuous, and blended with the general surrounding ground form so as to appear reasonably natural.

The operator or operators shall file with the Township Planning Commission and the County Health Department a detailed plan for the restoration of the development area which shall include the anticipated future use of the restored land, the proposed final topography indicated by contour lines of an interval not greater than five feet, steps which shall be taken to conserve topsoil, the type and number per acre of trees or shrubs to be planted and the location of future roads, drive, drainagecourses, and/or other improvements contemplated.

The restoration plans shall be filed with and approved by both the Township Planning Commission and the County Health Department before quarrying or removal operations shall begin. The plans shall be certified by a soil or geology engineer. In restoration, no filling operations shall be permitted which will likely result in contamination of groundwater or surface water, or soils, through seepage of liquid or solid waste or which will likely result in the seepage of gases into surface or subsurface water or into the atmosphere.

The operator or operators shall file with the Township Planning Commission a bond, payable to the Township and conditioned on the faithful performance of all requirements contained in the approved restoration plan. The rate per acre of property to be used for the required bond shall be fixed by the Township Planning Commission. The bond shall be released upon written certification of the County Health Department that the restoration is complete and in compliance with the restoration plan.

The proposed mining operation shall not result in a probable impairment, pollution, and/or destruction of the air, water, natural resources, and/or public trust therein;

The proposed mining operation shall not result in a probable impairment to the water table and/or private wells of property owners within the reasonably anticipated area of impact during and subsequent to the operation;

The proposed mining operation shall not create a probable impairment of and/or unreasonable alteration in the course, quantity, and quality of surface water, groundwater, and/or the watershed anticipated to be impacted by the operation;

The proposed mining operation shall be compatible with surrounding land uses currently in existence, or reasonably anticipated to be in existence, during the operation of the mining operation based upon application of generally accepted planning standards and principles;

The proposed mining operation shall not unreasonably burden the capacity of public services and facilities; and

The proposed mining operation shall not unreasonably impact surrounding property and/or property along all routes, endurance of noise, dust, air, water, odor, light, and/or vibration, and further shall not unreasonably impact upon persons receiving the operation in terms of aesthetics.

Access to the proposed extractive operation shall be limited to a paved county primary road and have necessary and appropriate load-bearing and traffic volume capacity in relation to the proposed intensity of the use.

The proposed transportation route or routes within the Township shall be as direct and minimal in detrimental impact as reasonably possible, as determined in the discretion of the Township Board at the time of application and thereafter.

Application requirements. A zoning compliance application shall be filed with the Zoning Administrator. In addition to the application and required fee, the following supplemental materials shall be provided:

In addition, the application shall describe in detail, by contour maps or otherwise, the contour and condition of the lands as they propose to leave them upon completion of the operations. Such a statement shall include proposed plans of landscaping or other stabilization control to be employed to leave the premises in a reasonably level and usable condition and to prevent erosion, dust, and unsightly conditions.

Permit revocation. Each permit shall apply only to the lands described in the application and may be revoked if the permit holder operates in any manner inconsistent with the application requirements or if the permit holder fails to comply with any special requirement the Zoning Administrator set forth in the permit.

Exceptions. This section shall not apply to normal and necessary excavation or grading done in the connection with construction of roads, normal and acceptable farming procedures, drains, sewers, construction of dwellings and other buildings where an applicable Township permit is granted under other Township ordinances, nor shall it apply in any case where the amount removed from or relocated or deposited on any parcel of land in any one calendar year is less than 20 cubic yards of sand, gravel, clay, minerals, waste, or fill material or other similar materials. However, nothing contained in this section shall in any way permit any kind of mining, mineral removal or relocation or dumping of waste and fill materials in any amount where such use would interfere with the public health, safety, or welfare or create a public or private nuisance.

Subject to the standards and conditions set forth in this section, wireless communication facilities shall be permitted uses in the following circumstances, and in any districts:

If it is demonstrated by an applicant that a wireless communication facility is required to be established outside an area identified in § 40-11.38B(1), then wireless communication facilities may be applied for elsewhere in the Township and must follow the district specific criteria and is subject to the criteria and standards set forth in this chapter.

Standards and conditions applicable to all facilities. All applications for wireless communication facilities shall be reviewed in accordance with the following standards and conditions, and, if approved, shall be constructed and maintained in accordance with such standards and conditions. In addition, if the facility is approved, it shall be constructed and maintained with any additional conditions imposed by the Township.

The applicant shall demonstrate the need for the proposed facility to be located as proposed based upon the presence of one or more of the following factors:

The proposal shall be reviewed in conformity with the collocation requirements of this section.

A site plan prepared in accordance with Article IX, Site Plan Review, shall be submitted, showing the location, size, screening, and design of all buildings and structures, including fences, and the location and size of outdoor equipment, and the location, number, and species of proposed landscaping.

The application shall include a signed certification by a State of Michigan licensed professional engineer with regard to the manner in which the proposed structure will fall, which certification will be utilized, along with other criteria, such as applicable regulations for the district in question, in determining the appropriate setback to be required for the structure and other facilities.

The application shall include a description of surety to be posted at the time of receiving a building permit for the facility to ensure removal of the facility when it has been abandoned or is no longer needed, as provided in § 40-11.38G, Removal. In this regard, the surety shall be in a form approved by the Township Attorney.

The applicant shall include a map showing existing and known proposed wireless communication facilities within the Township, and further showing existing and known proposed wireless communication facilities within areas surrounding the borders of the Township in the location, and in the area, which are relevant in terms of potential collocation or in demonstrating the need for the proposed facility. Any proprietary information may be submitted with a request for confidentiality in connection with the development pursuant to MCL 15.243(1)(g). This chapter shall serve as the promise to maintain confidentiality to the extent permitted by law. The request for confidentiality must be prominently stated in order to bring it to the attention of the community.

Feasibility of collocation. Collocation shall be deemed to be feasible for purposes of this section where all of the following are met:

Requirements for collocation.

A condition to every approval of a wireless communication facility shall be adequate provision for removal of all or part of the facility by users and owners when the facility has not been used for 180 days or more. For purposes of this section, the removal of antennas or other equipment from the facility, or the cessation of operations (transmission and/or reception of radio signals) shall be considered as the beginning of a period of nonuse. The applicant shall notify the Township upon cessation of operations or removal of antenna.

In the situations in which removal of a facility is required, as set forth in Subsection G(1) above, the property owner or persons who had used the facility shall immediately apply or secure the application for any required demolition or removal permits, and immediately proceed with and complete the demolition/removal, restoring the premises to an acceptable condition as reasonably determined by the Township.

If the required removal of a facility or a portion thereof has not been lawfully completed within 60 days of the applicable deadline, and after written notice, the Township may remove or secure the removal of the facility or required portions thereof, with its actual cost and reasonable administrative charge to be drawn or collected from the security posted at the time application was made for establishing the facility.

Outdoor display and sales that is the principal use of the property is permitted as a conditional use in the C-2, Regional Commercial District, and the I, General Industrial District subject to the approval of the Planning Commission in accordance with Article X.

An outdoor display and sales that is as an accessory use to the principal use conducted on the premises is permitted within the C-1, Neighborhood Commercial District, the C-2, Regional Commercial District, the I, General Industrial District, BD, Business District and form-based districts after obtaining a zoning compliance permit from the Zoning Administrator. In the administration of these provisions, the Zoning Administrator may refer a request to the Planning Commission for review and approval where site conditions may create difficulty in adherence to the standards contained herein.

The exterior of the premises shall be kept clean, orderly, and maintained.

The Township shall not be held liable or responsible for any type of damage, theft, or personal injury that may occur as a result of an outdoor display.

The location of the outdoor display shall meet all required setbacks, and shall be approved by the Zoning Administrator.

An outdoor display shall not occupy or obstruct the use of any fire lane, roadway, drive aisle, drive entrance, storage area, off-street parking, or landscaped area required to meet the standards of this chapter.

Outdoor sale and display areas that abut residentially zoned or used property shall be screened in accordance with § 40-13.02.

Only those products that are sold or are similar to the products sold within the principal building on the same lot may be permitted to be sold or displayed outdoors.

Seasonal sales may be located within any required side or rear yard and shall be no closer to a public road right-of-way than the required front yard setback or existing building, whichever is less. Where outdoor displays abut residentially zoned property, landscape screening in accordance with § 40-13.02 shall also be provided.

Seasonal sales shall not occupy or obstruct the use of any fire lane, required off-street parking, or landscaped area required to meet the requirements of this chapter.

Ingress and egress shall be provided in a manner so as not to create a traffic hazard or nuisance.

Such sales shall be permitted for a period not to exceed 90 days.

Upon discontinuance of the seasonal use, any temporary structure shall be removed.

Such storage shall be strictly and clearly incidental to the principal use, and only products and materials owned or produced by the principal business, and equipment owned and operated by the principal use shall be permitted for storage under the subsection.

Location and size.

Screening. The area for such storage shall be screened from view on all sides. Screening shall be constructed of wood or masonry materials. Wire fences with inserted strips of metal, plastic and similar materials shall not be substituted for the required screening. The screen shall not be less than the maximum height of the product being stored.

The contractor's office building shall be of permanent construction.

Outdoor storage shall be accessory to the contractor's principal office use of the property. Such outdoor storage shall not be located within the front yard and shall be enclosed by an opaque fence up to eight feet in height and/or landscape screening meeting the standards set forth in § 40-13.02C.

All travel surfaces shall be paved as a condition of approval.

Cranes, booms or other extensions on equipment, trucks or other vehicles parked on site shall be stored in the lowest possible configuration.

Outdoor seating and service operated by a restaurant or other food establishment which sells food for immediate consumption may be permitted in the C-1, C-2, BD, and form-based districts.

Outdoor seating and service shall be allowed only during normal operating hours of the establishment.

The exterior of the premises shall be kept clean, orderly, and maintained or the permit may be revoked. All food preparation shall be inside of the premises.

The Township shall not be held liable or responsible for any type of damage, theft, or personal injury which may occur as a result of a sidewalk cafe operation.

All sidewalk seating areas shall comply with applicable regulations of the County Health Department and the state.

An outdoor seating and service area shall be located on the same property as the principal establishment. All required setbacks must be met.

The outdoor seating and service area shall be located in a manner which does not obstruct pedestrian access. If an outdoor cafe is located on a sidewalk, not less than five feet of unobstructed, pedestrian access along the sidewalk shall be maintained. Seating and service areas shall be enclosed with decorative fencing and/or landscaping.

If additional seating is proposed as a result of outdoor seating and service area, all off-street parking requirements shall be met.

An outdoor wood boiler shall be located a minimum of 150 feet from any property line of the lot on which it is situated.

An outdoor wood boiler shall be located a minimum of 300 feet from the principal building on any adjacent lot.

Permitted fuels. The following combustible materials may be burned in an outdoor wood boiler in accordance with the manufacturer's specifications.

Prohibited fuels. All other combustible materials are prohibited from being burned in an outdoor wood boiler, including without limitation:

Exception. If the outdoor wood boiler is located more than 300 feet but less than 500 feet from a principal building on any adjacent lot, then the chimney shall extend to a height equal to or greater than the peak of the roof of the principal building on the adjacent lot. Where two or more adjacent lots have principal buildings within the above range of distances, the required chimney height shall be equal to or greater than the highest of the roof peaks of the adjacent principal buildings. In no event shall the chimney be less than 15 feet in height.

Off-street parking. Smoking lounges shall provide off-street parking per the standard for Restaurants and Cafes, Standard restaurant in Table 12.05.G-1.

Mechanical ventilation required. Mechanical ventilation shall be supplied in compliance with the Michigan Mechanical Code to ensure sufficient ventilation of the smoking lounge. The recirculation and the natural ventilation of air from the smoking lounge are prohibited. The air supplied to the smoking lounge shall be exhausted and discharged to an approved location in compliance with the Michigan Mechanical Code.

Hours of operation; and outdoor activities prohibited.

Notice on exterior. A clearly visible notice shall be posted by the entry door to the premises that:

Setbacks. It shall be unlawful to operate a smoking lounge within 500 feet of any of the following:

Alcoholic beverages. No alcoholic beverages shall be sold or consumed on the premises.

Minors. No persons under 18 years of age shall be permitted within the business.

The interior of the smoking lounge shall be maintained with adequate illumination to make the conduct of patrons within the premises readily discernible to persons with normal visual acuity.

No window coverings shall prevent visibility of the interior of the smoking lounge from outside the premises during operating hours. Any proposed window tint shall be approved in advance by the Township Public Safety Department.

Smoking lounges may only be located on premises that are physically separated from any areas of the same or adjacent establishments in which smoking is prohibited by state law and where smoke does not infiltrate into those nonsmoking areas. "Physically separated" shall mean an area that is enclosed on all sides by any combination of solid walls, windows, or doors that extend from the floor to ceiling.

Provide for a means of cultivation, processing, and distribution of marihuana to patients who qualify to obtain, possess, and use marihuana for medical purposes under the Medical Marihuana Facilities Licensing Act (MCL 333.27101 et seq.) and the Marihuana Tracking Act (MCL 333.27901 et seq.).

Protect public health and safety through reasonable limitations on medical marihuana entities as they relate to noise, air and water quality, neighborhood and patient safety, security for the facility and its personnel, and other health and safety concerns.

Provide for the location/placement of marihuana facilities in locations determined suitable for lawful marihuana facilities and to minimize adverse impacts regulating the siting, design, placement, security, and removal.

Impose fees to defray and recover the cost to the Township of the administrative and law enforcement costs associated with medical marihuana facilities.

Coordinate with laws and regulations that may be enacted by the state addressing medical marihuana.

The overlay districts of this chapter apply in combination with the underlying base district to impose regulations and standards that address special geographic areas or land use issues.

In the event of conflict between overlay district regulations and the regulations of the underlying base district, the overlay district regulations govern. In all other cases, both the overlay district and base district regulations apply.

Pursuant to the MMFLA, Pittsfield Township authorizes the operation in the Township of the following marihuana facilities, provided they possess a state operating license issued under the MMFLA state license or licenses and they comply with the additional requirements of this chapter, and all other applicable laws and ordinances:

Uses by subdistrict are outlined in § 40-11.48E(2).

The boundaries of the overlay shall be set forth in the map below:

Subdistricts.

Grower. Applicable standards for grower facilities:

Processor. Applicable standards for processor facilities:

Secure transporter. Applicable standards for secure transporter:

Provisioning center. Applicable standards for provisioning centers:

Safety compliance facility. Applicable standards for safety compliance:

All other applicable state laws, rules, and regulations.

No person shall establish or operate a medical marihuana entity in the Township without first having obtained from the state a license for each such facility to be operated. License certificates shall be kept current and publicly displayed within the facility. Failure to maintain or display a current license certificate shall be a violation of this section subject to § 40-3.07.

Applicant shall be fully licensed with the State of Michigan and any other required licensing body including compliance with all other applicable Township ordinances.

Standards.

Provide for a means of cultivation, processing, and distribution of marihuana to patients who qualify to obtain, possess, and use marihuana for adult purposes under the Michigan Regulation and Taxation of Marihuana Act (MCL 333.27001 et seq.) and the Marihuana Tracking Act (MCL 333.27901 et seq.).

Protect public health and safety through reasonable limitations on adult-use marihuana entities as they relate to noise, air and water quality, neighborhood safety, security for the facility and its personnel, and other health and safety concerns.

Provide for the location/placement of marihuana establishments in locations determined suitable for lawful marihuana establishments and to minimize adverse impacts regulating the siting, design, placement, security, and removal.

Impose fees to defray and recover the cost to the Township of the administrative and law enforcement costs associated with adult use marihuana establishments.

Coordinate with laws and regulations that may be enacted by the state addressing adult marihuana.

The overlay districts of this chapter apply in combination with the underlying base district to impose regulations and standards that address special geographic areas or land use issues.

In the event of conflict between overlay district regulations and the regulations of the underlying base district, the overlay district regulations govern. In all other cases, both the overlay district and base district regulations apply.

Pursuant to the MRTMA, Pittsfield Township authorizes the operation in the Township of the following marihuana establishments, provided they possess a state operating license issued under the MRTMA state license or licenses and they comply with the additional requirements of this chapter, and all other applicable laws and ordinances:

Uses by subdistrict are outlined in § 40-11.49E(2).

The boundaries of the overlay shall be set forth in the map below:

Subdistricts.

Grower. Applicable standards for grower facilities:

Processor. Applicable standards for processor facilities:

Secure transporter. Applicable standards for secure transporter:

Retailer. Applicable standards for retailer:

Safety compliance facility. Applicable standards for safety compliance:

All other applicable state laws, rules, and regulations.

No person shall establish or operate an adult-use marihuana commercial entity in the Township without first having obtained from the state a license for each such facility to be operated. License certificates shall be kept current and publicly displayed within the facility. Failure to maintain or display a current license certificate shall be a violation of this section subject to § 40-3.07.

Applicant shall be fully licensed with the State of Michigan and any other required licensing body including compliance with all other applicable Township ordinances.

Standards.