A.

Description of district. This district is composed of certain land in outlying areas presently of rural character. Such land is zoned for agricultural use with the intent that agriculture will be the principal land use within the foreseeable future. The regulations for this district are designed to stabilize and protect the essential characteristics of the district without unduly restricting its use solely to that of an agricultural nature. To these ends, development is limited to a low concentration and to those uses which would not be detrimental to area agricultural uses and add value to local agricultural products.

B.

Sliding scale zoning. To promote farmland preservation in this district, sliding scale zoning is adopted to establish the number of nonagricultural building sites permitted on an existing public roadway from a parent parcel. The number of two-acre parcels allowed to be split from a parent parcel is based on the size of the parent parcel and is shown on the summary of site development regulations and listed below. After the approved number of two-acre parcels have been split from the parent parcel, development of the remaining acreage must be in accord with the provisions of section 4.14, Community open space development [Open space community development].

C.

Permitted uses.

(1)

Single-family dwellings and structures and uses normally auxiliary thereto.

(2)

Any agricultural activities including stock nurseries, animal and livestock raising, and poultry raising.

(3)

The sale of farm or dairy product which has been raised on the farm from which it is to be sold.

(4)

Home occupations.

(5)

Licensed migrant worker housing for persons employed on the premises for seasonal crops.

(6)

Signs, when accordance with the provisions of section 9.2 7[4.18.I].

(7)

Accessory uses or buildings, when in accordance with the provisions of section 9.4 [4.02].

(8)

Retail Agricultural Enterprises; Regulations.

a.

Purpose. The purpose of these regulations is to promote and protect agriculture and agriculture related commercial enterprises within Porter Township. These regulations seek to protect public safely while conserving farmland by promoting farming commerce.

b.

Applicable Requirements. The requirements of this Section are in addition to and shall supplement those imposed on the same lands by provisions of the underlying Agricultural/Farmland Preservation zoning district.

c.

Agriculture Related Enterprises.

(i)

Must be in compliance with Michigan Commission of Agriculture and Rural Developments' Generally Accepted Agricultural Management Practices (GAAMPS) for farm markets;

(ii)

For the purposes of this Section, farm markets shall be considered to be retail agricultural enterprises and shall comply with this Section. Roadside stands, as defined herein, are exempt from this Section;

(iii)

The use must be associated with an affiliated agricultural operation;

(iv)

Fifty percent of the products sold must be produced on or by the affiliated farm.

(v)

Must comply with all applicable regulations building, electrical, mechanical and/or plumbing codes;

(vi)

Subject to review by the Zoning Administrator pursuant to this Section.

d.

Parking. The following parking facilities shall be provided at retail agricultural enterprises:

(i)

One parking space for 600 feet of retail-space open to the public at greenhouses, nurseries and similar retail agricultural enterprises; or one parking space for each 60 square feet of retail floor space open to the public at all other retail agricultural enterprises;

(ii)

Off street and out of a road right-of-way;

(iii)

Serviced by a maneuvering area, turnaround or circular drive out of the road right-of-way;

(iv)

Shall conform to the requirements of the Table in Section 16.06 (needs to be amended for Retail Ag Enterprises);

(v)

For any retail agricultural enterprise that is not listed in Section 16.06, the Planning Commission, in reviewing the site plan, shall determine appropriate off-street parking space requirements. In making this determination, the Planning Commission may request the applicant to provide a parking study to ensure that adequate off-street parking spaces are provided to serve the use;

(vi)

Parking shall be allowed within the front yard setback, provided that no parking space shall be located less than 10 feet from the right-of-way line. All other parking shall conform to the requirements of Article IV, Section 4.12.

(vii)

To comply with parking standards, retail agricultural enterprises are encouraged to develop and maintain safe, grassed, paved, graveled and/or other suitable material and graded parking areas for temporary and/or overflow parking; utilize pervious pavements and minimize impervious parking surfaces;

(viii)

Parking associated with a retail agricultural enterprise must possess, provide and maintain safe ingress and egress from and to a public road and obtain an ingress and egress permit from Michigan Department of Transportation (MDOT) jurisdictional roadways, including U.S. routes, State of Michigan routes, and interstate business connections and/or from the Van Buren County Road Commission for ingress/egress from county or local roads.

e.

Signs shall comply with Section 4.18. Farm Stand or Farm Market Signs and shall comply with any MDOT regulations on MDOT jurisdictional routes and Van Buren County Road Commission for county jurisdictional roads pertaining to signs.

f.

To promote and conserve the rural character of Porter Township, there shall not be any landscaping requirements for retail agricultural enterprises.

g.

Lighting. No rotating or flashing lights shall be permitted. All exterior lighting, including display lighting, shall be downward directed, shielded, and turned off each day after the close of business. Security lighting, as shown on an approved administrative site plan, shall be allowed after business hours. Greenhouse and other grow lights internal to retail agricultural enterprises are exempt from the lighting requirements of this Section.

h.

The following are permitted as accessory uses to retail agricultural enterprises, accessory uses not listed are not allowed: Petting zoo and animal attractions; Children's games and activities; Crop mazes and pumpkin patches; Holiday-oriented activities; and, Food service if growing any portion of the food served, such as vegetables with a deli, fruit in desserts, etc.; however, no more than 4,000 square feet of gross floor area shall be dedicated to a food service operation.

i.

If the retail agricultural enterprise includes farm vacations, no more than four (4) rooms within the site shall be provided for housing farm vacation guests.

j.

Sales including but not limited to the following are not allowed at retail agricultural enterprises:

• Fuel or related products.

• Tobacco products.

• Alcoholic beverages unless the operation is licensed by the State of Michigan and 50 percent of the retail space used to display products for sale are produced on and/or by an affiliated farm.

• Lottery tickets.

• Vehicles or related products.

• Fireworks as defined by the Michigan Fireworks Safety Act, P.A. 256 of 2011, as amended, including but not limited to consumer, novelty, low impact and display fireworks.

k.

Any retail agricultural enterprise shall be owned and operated by the owner(s) of the affiliated agricultural operation or their designee(s) or employee(s) on the same premises.

l.

Hours of operation shall be limited to:

Sunday through Thursday, 6:00 a.m. to 9:00 p.m.

Friday and Saturday, 6:00 a.m. to 12:00 Midnight.

D.

Special exception uses.

(1)

Churches, cemeteries, parochial and private schools.

(2)

Eleemosynary, charitable and philanthropic institutions.

(3)

Golf courses, private noncommercial clubs.

(4)

Public utility buildings, telecommunication towers and antennas and structures necessary for the service of the community except that:

a.

There is no zoning restriction for utilities to be located in public streets or public rights-of-way.

b.

Public utility activities of an industrial character such as repair and maintenance yards, storage facilities, or activities which generate electronic interference are prohibited.

(5)

Publicly owned and operated buildings and uses including community buildings and public parks, playgrounds and other recreational areas.

(6)

Gravel pits, quarries and mines.

(7)

Licensed migrant worker housing for persons employed on the premises for seasonal crops.

(8)

Food processing.

(9)

Private airfields.

(10)

Campgrounds.

(11)

Vet and animal boarding facilities.

(12)

Nursing homes.

(13)

Group care facilities.

(14)

Open space community development.

(15)

Day care homes.

(16)

Waste transfer stations.

(17)

Animal agriculture and livestock production facilities.

a.

Description. A facility where animals defined in the Right to Farm Act, such as dairy cattle, poultry, beef cattle, sheep, swine, etc. are confined with a capacity of 50 animal units or greater and the associated manure facilities. Pasture systems are excluded.

b.

[Compliance with standards.] Animal agriculture and livestock production facilities shall comply with all applicable local, state and federal standards, including for example, the federal Clean Water Act, point source pollution control parts of the Michigan Natural Resources and Environmental Protection Act, and the most recent of the Generally Accepted Agricultural and Management Practices (GAAMPs), published and adopted by the Michigan Commission of Agriculture pursuant to the Michigan Right to Farm Act for nuisance protection. New and expanding livestock production facilities (as defined in the GAAMPs) shall have proposed sites verified by the Michigan Department of Agriculture.

E.

Site development standards.

(1)

Height. No agricultural building or structure shall exceed the lesser of 35 feet or two and one-half stories, with the exception of grain bins, grain legs and silos. The height is measured from the first-floor grade to the peak of the highest roof line.

(2)

Minimum dwelling size. The minimum dwelling size for this district shall be 960 feet on the first floor and the dwelling must be at least 24 feet wide over the entire length.

(3)

Lot area and lot width. The minimum lot area for use in this district shall be two acres with a minimum lot width of 220 contiguous feet at a public road, except as approved on a community open space development site plan. No more than 25 percent of the lot area shall be covered with impervious surfaces.

(4)

Setback and sideline spacing. No building or structure, nor the enlargement of any such building or structure shall be erected unless the following setback and side line spacing requirements are met:

a.

Setbacks.

1.

Front. The minimum setback line for residential buildings or structures shall be 50 feet from the foundation to street or state highway right-of-way lines, or public road easement lines, abutting a parcel.

2.

Side. The minimum side line spacing for agricultural buildings or structures including residences and outdoor storage areas shall be 20 feet from the foundation.

3.

Rear. The minimum rear line spacing for agricultural buildings or structures including residences and outdoor storage areas shall be 25 feet from the foundation.

(5)

Construction materials. All materials shall meet appropriate architectural, aesthetic and safety concerns as provided for in duly adopted ordinances and/or building and fire codes.

(6)

[Utilities.] Reserved.

(7)

External lighting. All lighting shall comply with the lighting provisions of section 4.09.

(Amend. eff. Dec. 21, 2009; Amend. eff. July 8, 2016)

A.

Description of district. This district is composed of certain land in outlying areas presently of a rural residential character where low-density single-family residential development has occurred or appears likely to occur. The regulations for this district are designed to protect and stabilize the essential characteristics of these areas and to promote and encourage a suitable and safe environment for family life. To these ends, development is restricted to low density single family residential use consistent with limited rural type facilities and services.

B.

Permitted uses.

(1)

Single-family dwellings, and the accessory structures and uses normally auxiliary thereto.

(2)

Home occupations.

(3)

Publicly owned and operated building and uses including community buildings and public parks, playgrounds and other recreational areas.

(4)

Signs, when in accordance with the provisions of section 9.2 [4.18.I].

(5)

Accessory uses or buildings, when in accordance with the provisions of section 9.4 [4.02].

C.

Special exception uses.

(1)

Churches, cemeteries, parochial and private schools.

(2)

Eleemosynary, charitable and philanthropic institutions.

(3)

Golf courses, private noncommercial clubs.

(4)

Public utility buildings, telecommunication towers and antennas and structures necessary for the service of the community except that:

a.

There is no zoning restriction for utilities to be located in public streets or public rights-of-way.

b.

Public utility activities of an industrial character such as repair and maintenance yards, storage facilities, or activities which generate electronic interference are prohibited.

(5)

Nursing homes.

(6)

Group care facilities.

(7)

Open space community development.

D.

Site development standards.

(1)

Height. No residential building or structure shall exceed the lesser of 35 feet or two and one-half stories. The height is measured from the first floor grade to the peak of the highest roof line.

(2)

Minimum dwelling size. The minimum dwelling size for this district shall be 960 feet on the first floor and the dwelling must be at least 24 feet wide over the entire length.

(3)

Lot area and lot width. The minimum lot area for use in this district shall be one acre with a minimum lot width of 220 contiguous feet at a public road, except as approved on a community open space development site plan. No more than 25 percent of the lot area shall be covered with impervious surfaces.

(4)

Setback and sideline spacing. No building or structure nor the enlargement of any such building or structure shall be erected unless the following setback and side line spacing requirements are met:

a.

Setbacks.

1.

Front. The minimum setback line for residential buildings or structures shall be 50 feet from the foundation to street or state highway right-of-way lines, or public road easement lines, abutting a parcel.

2.

Side. The minimum side line spacing for residential buildings or structures shall be 20 feet from the foundation.

3.

Rear. The minimum rear line spacing for residential buildings or structures shall be 25 feet from the foundation.

(5)

Construction materials. All materials shall meet appropriate architectural, aesthetic and safety concerns as provided for in duly adopted ordinances and/or building and fire codes.

(6)

[Utilities.] All new utility lines shall be underground.

(7)

External lighting. All lighting shall comply with the lighting provisions of section 4.09.

(8)

Fences

a.

Side and rear yards. The requirements of a fence to be constructed on a side and/or rear yard of a lot, not abutting water, are as follows:

1.

On the side or rear of the residence, any fence, wall, hedgerow, uniform planting or organic screening erected for the purpose of screening or enclosing a side or rear yard:

(i)

Shall not, at any time, exceed 6 (six) feet in height above the existing natural ground surface;

(ii)

All vertical support members (posts) shall not exceed the 6 (six) feet in height;

(iii)

Shall not be located closer to the road right-of-way than 12 feet;

(iv)

If fence is along rear lot line, fence may run the entire width of the lot;

(v)

Side yard is measured from corner of residence to corner of residence, parallel to the residence.

b.

Additional regulations are as follows:

1.

No fence shall have placed upon it any sharp spikes, barbed wire or sharp pointed cresting, or other thing dangerous and liable to snag, tear, cut or otherwise injure anyone coming in contact therewith. No fences shall be electrically charged.

2.

Fences, walls, screenings erected for the purpose of enclosing a yard, hedgerows, uniform plantings, or organic screenings installed for the purpose of screening or enclosing a yard, may be located adjacent to the property line, but shall be constructed and located entirely on the lot of the person responsible for the construction or erection of the structures of plantings.

3.

Fences shall be constructed such that supporting posts and framework are on the interior or fence owner's side of the fence and that the sheathing or facing of the exterior as seen from adjoining properties or the street is the more presentable and attractive side of the fence. Also, consideration should be given to whether a proposed fence enhances the neighborhood or blocks scenic view for nearby property owners.

c.

In all cases, the property owner must receive a zoning permit from the township. If there is a question on location of property line(s), the person requesting any fence, wall, hedgerow, uniform planting or organic screening to be erected for the purpose of enclosing or screening a yard, shall furnish a survey locating the property line(s).

d.

If a residence is built on an angle, on a corner lot, or similar situation, the zoning administrator may issue a permit if the proposed fence substantially meets regulations in this ordinance, on a case by case basis.

(Amend. eff. Dec. 21, 2009; Amend. eff. Nov. 11, 2017)

A.

Description of district. This district is composed of medium-density single-family residential areas in township where medium-density single-family residential development has occurred, or appears likely to occur. The regulations for this district are designed to protect and stabilize the essential characteristics of these areas and to promote and encourage a suitable and safe environment for family life. To these ends, development is restricted to medium density single family residential use, where adequate facilities and services will be provided.

B.

Permitted uses.

(1)

Single-family dwellings, and the accessory structures and uses normally auxiliary thereto.

(2)

Home occupations.

(3)

Publicly owned and operated buildings and uses including community buildings and public parks, playgrounds, and other recreational areas.

(4)

Signs, when accordance with the provisions of section 9.2.

(5)

Accessory uses, or buildings, when in accordance with the provisions of section 9.4.

(6)

Open space community development.

C.

Special exception uses. Any special exception use permitted in the R-1 Residential district.

D.

Site development standards.

(1)

Height. No residential building or structure shall exceed the lesser of 35 feet or two and one-half stories. The height is measured from the first-floor grade to the peak of the highest roof line.

(2)

Minimum dwelling size. The minimum dwelling size for this district shall be 960 feet on the first floor and the dwelling must be at least 24 feet wide over the entire length.

(3)

Lot area and lot width. The minimum lot area for use in this district shall be three-quarters [of an] acre (a minimum of 32,670 square feet) with a minimum lot width of 120 contiguous feet at the building line and 90 feet on a limited-access road, except as approved on a community open space development site plan. No more than 35 percent of the lot area shall be covered with impervious surfaces.

(4)

Setback and sideline spacing. No building or structure, nor the enlargement of any such building or structure shall be erected unless the following setback and side line spacing requirements are met:

a.

Setbacks.

1.

Front. The minimum setback line for residential buildings or structures shall be 50 feet from the foundation to street or state highway right-of-way lines, or public road easement lines, abutting a parcel.

2.

Side. The minimum side line spacing for residential buildings or structures in this district shall be ten feet from the foundation.

3.

Rear. The minimum rear line spacing for residential buildings or structures in this district shall be 25 feet from the foundation.

(5)

Construction materials. All materials shall meet appropriate architectural, aesthetic and safety concerns as provided for in duly adopted ordinances and/or building and fire codes.

(6)

[Utilities.] All utility lines shall be underground.

(7)

External lighting. All lighting shall comply with the lighting provisions of section 4.09.

(8)

Fences.

a.

Side and rear yards. The requirements of a fence to be constructed on a side and/or rear yard of a lot, not abutting water, are as follows:

1.

On the side or rear of the residence, any fence, wall, hedgerow, uniform planting or organic screening erected for the purpose of screening or enclosing a side or rear yard:

(i)

Shall not, at any time, exceed 6 (six) feet in height above the existing natural ground surface;

(ii)

All vertical support members (posts) shall not exceed the 6 (six) feet in height;

(iii)

Shall not be located closer to the road right-of-way than 12 feet;

(iv)

If fence is along rear lot line, fence may run the entire width of the lot;

(v)

Side yard is measured from corner of residence to corner of residence, parallel to the residence.

b.

Additional regulations are as follows:

1.

No fence shall have placed upon it any sharp spikes, barbed wire or sharp pointed cresting, or other thing dangerous and liable to snag, tear, cut or otherwise injure anyone coming in contact therewith. No fences shall be electrically charged.

2.

Fences, walls, screenings erected for the purpose of enclosing a yard, hedgerows, uniform plantings, or organic screenings installed for the purpose of screening or enclosing a yard, may be located adjacent to the property line, but shall be constructed and located entirely on the lot of the person responsible for the construction or erection of the structures of plantings.

3.

Fences shall be constructed such that supporting posts and framework are on the interior or fence owner's side of the fence and that the sheathing or facing of the exterior as seen from adjoining properties or the street is the more presentable and attractive side of the fence. Also, consideration should be given to whether a proposed fence enhances the neighborhood or blocks scenic view for nearby property owners.

c.

In all cases, the property owner must receive a zoning permit from the township. If there is a question on location of property line(s), the person requesting any fence, wall, hedgerow, uniform planting or organic screening to be erected for the purpose of enclosing or screening a yard, shall furnish a survey locating the property line(s).

d.

If a residence is built on an angle, on a corner lot, or similar situation, the zoning administrator may issue a permit if the proposed fence substantially meets regulations in this ordinance, on a case by case basis.

(Amend. eff. Dec. 21, 2009; Amend. eff. Nov. 11 2017)

A.

Description of district. It is the intent of this district to encourage the proper development of land abutting lakes and waterways and promote the integrity of the lakes and water ways within Porter Township while preserving the quality of recreational use of inland waters; to protect the quality of lakes and waterways by discouraging excess uses; to promote the ecological balance of the waters by limiting incompatible land use of the wetlands associated with the lakes; and to maintain the natural beauty of lakes and waterways by minimizing manmade adjustments to the established shorelines. Nothing in this section shall be constructed to limit access to lakes or waterways by the general public by way of a public park or public access site provided or maintained by any unit of state, county or local government.

B.

Permitted uses. Land and/or buildings may be utilized for the following permitted uses subject to the standards outlined in Appendix E, Keyhole or Funnel Waterfront Access.

(1)

Single-family dwellings, and the accessory structures and uses normally auxiliary thereto.

(2)

Home occupations.

(3)

Signs, when in accordance with the provisions of section 9.2 [4.18.I].

(4)

Accessory uses or buildings, when in accordance with the provisions of section 9.4 [4.02].

C.

Special exemption uses.

(1)

Planned unit development subject to section 4.14.

(2)

Community open space development subject to section 4.16.

D.

Site development standards.

(1)

Height. No residential building or structure shall exceed the lesser of 35 feet or two and one-half stories. The height is measured from the first floor grade to the peak of the highest roof line.

(2)

Minimum dwelling size. The minimum dwelling size for this district shall be 960 feet on the first floor and the dwelling must be at least 24 feet wide over the entire length.

(3)

Lot area and lot width. The minimum lot area for use in this district shall be one-quarter acre (a minimum of 10,890 square feet) with a minimum lot width of 120 contiguous feet at the building line and 90 feet on a limited-access road, except as approved on a community open space development site plan. No more than 35 percent of the lot area shall be covered with impervious surfaces.

(4)

Setback and sideline spacing. No building or structure, nor the enlargement of any such building or structure shall be erected unless the following setback and side line spacing requirements are met:

(5)

Setbacks.

a.

Front. The minimum setback line for residential buildings or structures shall be 50 feet from the foundation to street or state highway right-of-way lines, or public road easement lines, abutting a parcel. For waterfront parcels, the lakeside of the structure is the front yard; the front setback for lakefront properties shall be at least 50 feet from the average high water mark or no closer to the water's edge than the average distance of the adjacent three residences on both sides of the subject parcel.

b.

Side. The minimum side line spacing for residential buildings or structures in this district shall be ten feet from the foundation. For preexisting lots less than 40 feet in width, the side setback shall be 8 feet.

c.

Rear. The minimum rear line spacing for residential buildings or structures in this district shall be 25 feet from the foundation. For waterfront parcels, the road side of the structure is the rear yard; the rear setback for lakefront properties shall be least 25 feet from the edge of the road as defined in the plat.

(6)

Construction materials. All materials shall meet appropriate architectural, aesthetic and safety concerns as provided for in duly adopted ordinances and/or building and fire codes.

(7)

[Utilities.] All new utility lines shall be underground.

(8)

External lighting. All lighting shall comply with the lighting provisions of section 4.09.

(9)

[Dedicated off-street parking requirement.] All new residential construction located in this district shall have an area dedicated to off-street parking. This area shall be adjacent to a public or private street, avenue, boulevard, highway, road, lane, alley or other public or private way intended for use by motor vehicles, bicycles or pedestrians and shall be on a hard surface driveway or on an improved parking area of not less than 400 (four hundred) square feet. Such a hard surface area shall be bituminous, concrete, brick, gravel or crushed rock or another hard surface approved by township officials.

(10)

Fences for lots abutting a lake.

a.

The requirements of a fence to be constructed on a side yard of a lot abutting water, are as follows:

1.

Any side fence, wall, hedgerow, uniform planting or organic screening erected for the purpose of screening or enclosing a lake side of the lot:

(i)

Shall not, at any point between the front corner of the residence and body of water, exceed forty-two (42) inches in height above the existing natural ground surface;

(ii)

Must be 80% non-opaque

(iii)

Must not be any closer to the established high water line than 36 inches.

b.

Additional regulations are as follows:

1.

No fence shall have placed upon it any sharp spikes, barbed wire or sharp pointed cresting, or other thing dangerous and liable to snag, tear, cut or otherwise injure anyone coming in contact therewith. No fences shall be electrically charged.

2.

Fences, walls, screenings erected for the purpose of enclosing a yard, hedgerows, uniform plantings, or organic screenings installed for the purpose of screening or enclosing a yard, may be located adjacent to the property line, but shall be constructed and located entirely on the lot of the person responsible for the construction or erection of the structures of plantings.

3.

Fences shall be constructed such that supporting posts and framework are on the interior or fence owner's side of the fence and that the sheathing or facing of the exterior as seen from adjoining properties or the street is the more presentable and attractive side of the fence. Also, consideration should be given to whether a proposed fence enhances the neighborhood or blocks scenic view for nearby property owners.

c.

In all cases, the property owner must receive a zoning permit from the township. If there is a question on location of property line(s), the person requesting any fence, wall, hedgerow, uniform planting or organic screening to be erected for the purpose of enclosing or screening a yard, shall furnish a survey locating the property line(s).

d. If a lot is located on 2 or more sides abutting water, or a residence is built on an angle, on a corner lot, or similar situation, the zoning administrator may issue a permit if the proposed fence substantially meets regulations in this ordinance, on a case by case basis.

(Amend. eff. Dec. 21, 2009; Amend. eff. Nov. 10, 2010; Amend. eff. Nov. 11, 2017)

A.

Description of district. It is the intent of this district to protect the public health, safety and general welfare and to prevent ecological damage and loss by regulating and preventing certain developments and land uses within areas of Porter Township designated as recreational areas. Further the purpose is to protect and assure nonpollution of lakes and to preserve fish and wildlife resources, water quality, scenic and aesthetic qualities, historic and recreational values; to prevent flood damage caused by interference with natural floodplain characteristics by excluding from this district structures, uses and activities which are vulnerable to flood damage and/or causing ecological damage; thereby avoiding economic cost and human inconvenience and suffering. Buildings, especially residences and commercial buildings are discouraged from being located in this area, but not totally prohibited. If they will further the purpose of this district, to that end, all buildings and land uses that are to be constructed after the effective date of this ordinance shall be approved by and subject to site plan review as described in sections 5.01 through 5.05.

B.

Permitted uses. Land may be utilized for the following permitted uses subject to the standards outlined in section 3.08, Environmental overlay buffer.

(1)

Generally recognized agricultural activities, including livestock and poultry operations, dairy farming, horticulture, grain farming, forestry, gardening and similar uses not involving placement or construction of permanent structures.

(2)

Generally recognized recreational uses and activities, such as athletic fields, parks and playgrounds, nature study areas, hiking areas, golf courses, driving ranges, bridle trails, snowmobile trails, licensed shooting preserves and similar uses not involving placement or construction of permanent structures.

(3)

Campgrounds further subject to the requirements of Appendix D.

C.

Special exemption use.

(1)

Temporary structures accessory to permitted uses listed above.

(2)

Permanent structures accessory to permitted uses listed above.

(3)

Filling and grading, where all applicable local, state, and/or federal permits have been obtained.

D.

Site development standards.

(1)

Height. No building or structure shall exceed the lesser of 35 feet or two and one-half stories. The height is measured from the first-floor grade to the peak of the highest roof line.

(2)

Minimum dwelling size. As approved on a special use site plan.

(3)

Lot area and lot width. The minimum lot area for use in this district shall be two acres with a minimum lot width of 220 contiguous feet at a public road. No more than ten percent of the lot area shall be covered with impervious surfaces.

(4)

Setback and sideline spacing. No building or structure, nor the enlargement of any such building or structure shall be erected unless the following setback and side line spacing requirements are met:

a.

Front. The minimum setback line for residential [recreational] buildings or structures shall be 50 feet from the foundation to street or state highway right-of-way lines, or public road easement lines, abutting a parcel.

b.

Side. The minimum side line spacing for recreational buildings or structures, including outdoor storage and use areas, shall be 30 feet from the foundation.

c.

Rear. The minimum rear line spacing for residential [recreational] buildings or structures in this district shall be 25 feet from the foundation.

(5)

Construction materials. All materials shall meet appropriate architectural, aesthetic and safety concerns as provided for in duly adopted ordinances and/or building and fire codes.

(6)

[Utilities.] Reserved.

(7)

External lighting. All lighting shall comply with the lighting provisions of sections 4.09 and 4.12.

(Amend. eff. Dec. 21, 2009)

A.

Description of district. This district is established for the accommodation of community wide needs for general office, retail sales and service facilities. The regulations are designed to permit development of the enumerated functions as limited to protect the abutting and surrounding properties.

B.

Permitted uses. Retail sales of goods and services such as:

(1)

Bakery and dairy products, retail sales only.

(2)

Banks, credit unions, savings and loan associations.

(3)

Barber and Beauty shops.

(4)

Books, stationery and newspapers.

(5)

Clothing and dry goods.

(6)

Florist and garden shops.

(7)

Furniture and household furnishings.

(8)

Music and dancing schools.

(9)

General offices, business or professional.

(10)

Photography store.

(11)

Radio and television, sales and service.

(12)

Shoe sales and repair.

(13)

Signs when in accordance with the provisions of section 9.2 [4.18.l].

(14)

Tailoring and dressmaking.

(15)

Variety store, antiques, gifts.

(16)

Accessory uses or buildings, when in accordance with the provisions of section 9.4 [4.02].

(17)

Publicly owned and operated buildings and uses including community buildings and public parks, playgrounds and other recreational areas.

(18)

Rental storage buildings.

(19)

Gift shop.

(20)

Churches, other religious buildings.

(21)

Schools.

(22)

Agriculture (moved from special exception uses).

C.

Low impact Special exception uses. Site plan required to be approved only by zoning official.

(1)

Agriculture input/supply sales and service.

(2)

Automobile sales and service (new or used).

(3)

Boat and equipment sales and service (new or used).

(4)

Construction and farm equipment sales and service (new or used).

(5)

Funeral Establishments.

(6)

Groceries and food stuffs

(7)

Hardware, hobby shop, household appliances

(8)

Greenhouse, nursery.

(9)

Day care and rehabilitation center(s)

D.

High Impact Special exception uses. Requiring planning commission approval of site plan and operation.

(1)

Commercial recreation enterprises, including but not limited to recreational vehicles and campers.

(2)

Restaurant, bar, tavern and night club.

(3)

Mobile, manufactured, modular home, and portable style building sales.

(4)

Drive-in eating establishments.

(5)

Restaurant or similar eating establishment.

(6)

Hotel, motel.

(7)

Gasoline/fuel distribution sales and service stations.

(8)

Beer, wine, package liquor sales and convenience store.

(9)

Drugs and pharmaceuticals, drug store (moved from permitted use)

(10)

Laundromat, laundry and dry cleaning pickup station. (Moved from permitted use).

(11)

Medical Clinic. (Moved from permitted use)

(12)

Other uses similar in character to the above and not listed specifically.

(13)

Public utility buildings, telecommunication towers and antennas, and structures necessary for the service of the community.

E.

Site development standards.

(1)

Height. No commercial building or structure shall exceed the lesser of 35 feet or two and one-half stories.

(2)

Lot area and lot width. The minimum lot area for use in this district shall be one acre with a minimum lot width of 220 contiguous feet at a public road. No more than 35 percent of the lot area shall be occupied including outdoor storage areas, but excluding employee and visitor parking areas.

(3)

Setback and sideline spacing. No building or structure for commercial use, nor the enlargement of any such building or structure shall be erected unless the following setback and side line spacing requirements are met:

a.

Setbacks.

1.

Front. The minimum setback line for residential [commercial] buildings or structures shall be 50 feet from the foundation to the street or state highway right-of-way lines, or public road easement lines, abutting a parcel.

2.

Side. The minimum side line spacing for industrial [commercial] buildings or structures including outdoor storage areas shall be 30 feet except that for such buildings, structures, or areas abutting a residential area such minimum spacing shall be 50 feet, and except further that no such building or structure shall be located less than 100 feet from any occupied residential building.

3.

Rear. The minimum rear line spacing for commercial buildings or structures including outdoor storage areas shall be 25 feet except that for such buildings, structures or areas abutting residential areas such minimum spacing shall be 50 feet, and except further that no such building or structure shall be located less than ten feet from any occupied residential structure.

(4)

Construction materials. At least 80 percent of the front side of commercial buildings, as well as any other sides that face adjacent residential areas, shall be finished with face brick, wood, glass, stone, fluted cement block or future acceptable building materials compatible with surrounding properties. All materials shall meet appropriate architectural, aesthetic and safety concerns as provided for in duly adopted ordinances and/or building and fire codes.

(5)

[Utilities.] Reserved.

(6)

Landscaping, fencing and signs.

a.

Landscaping. All ground surfaces between the edges of public or private roads and streets and the property line shall be landscaped and maintained as such. All unused areas must be landscaped or kept natural.

1.

For property lines abutting a residential district a screen of fencing, berms, plantings or a combination of these not less than six feet above ground level shall be provided. If plantings alone are used such plantings must provide a 30-foot wide strip that will present a solid sight barrier.

2.

Fencing must be solid, berms must be landscaped and screen plantings shall retain foliage throughout the year. The site plan shall include a planting plan giving the numbers, species and height of plantings at time of installation.

3.

Maintenance of fencing, berms and plantings following installation is the responsibility of the property owner. A performance bond covering maintenance of plantings until established and construction of fencing and berms may be required by the Township.

b.

Fencing. Except for loading and unloading docks and employee and visitor parking areas, all uses not in an enclosed building must be enclosed by a solid fence not less than six feet in height. An alternative screening feature such as a berm in combination with obscuring vegetation, fencing or walls may be approved when in the judgment of the Zoning Commission (Zoning Commission (Planning Commission)) such alternative screening, taken in context of the specific location and outdoor use, would provide equal or better permanent year round noise and visual protection.

c.

Signs. Signs in a commercial district shall comply with the provisions of section 4.18.

(7)

Road and streets.

a.

Private roads and streets. All private roads and streets must be hard surfaced and must comply with those sections of this ordinance dealing with roads and streets.

b.

Ingress and egress.

1.

Access roads serving a commercial development containing more than one commercial operation shall be designed to include a dual throat at the public-street intersection. The raised island in the driveway throat shall be a minimum of ten feet in width and 30 feet in length. The ingress lane shall be a minimum of 16 feet wide and the egress lane shall be a minimum of 22 feet wide. Final driveway throat geometrics are subject to the approval of the Van Buren County Road Commission.

2.

An access road intersection wholly within the commercial district shall have not less than a 66-foot wide easement. If such an intersection abuts nonindustrial property with the easement shall be not less than 80 feet wide.

3.

For a commercial development larger than 20 acres that will serve more than one commercial operation the township may require provision in the site plan for an additional ingress-egress road.

(8)

External lighting. All commercial operations shall comply with the lighting provisions of sections 4.09 and 4.12 and the additional standards below. Exterior lighting shall be designed and constructed in such a manner to:

a.

Insure that direct or directly reflected light is confined to the development site.

b.

Lamps and luminaries shall be shielded, hooded and/or louvered to provide a glare free area beyond the property line and beyond any public right-of-way. The light source shall not be directly visible from beyond the boundary of the site and light rays may not be emitted by the installed fixture at angles above the horizontal plane of the fixture.

c.

The light from any illuminated source shall be designed so that the light intensity or brightness will not be objectionable to surrounding areas.

d.

Light sources shall be low-pressure sodium or similar fixtures which emit light that may be filtered for astronomical viewing.

e.

No elevated exterior light fixture, including, but not limited to, light poles, canopy lights, soffit lights and similar fixtures, shall exceed 14 feet in height.

f.

There shall be no lighting of a blinking, flashing, or fluttering nature, including changes in light intensity, brightness or color. Beacon and search lights are not permitted.

g.

No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic control devices.

F.

Change in occupant or tenancy. Approval of site plans and special exception uses shall apply to the uses and tenants proposed at the time of application. In the Commercial district, a change in the nature of the tenancy or occupancy of a previously approved building may require a new or revised site plan, unless the zoning administrator determines that the proposed new use is reasonably able to comply with all conditions of approval pertaining to the original site plan.

(Amend. eff. Dec. 21, 2009; Amend. eff. Mar. 13, 2019)

A.

Description of district. This district is established to provide for the development of low-intensity processing, warehousing, assembly, testing and manufacturing uses characterized by the absence of objectionable effects. Based on the agricultural nature of the community in the foreseeable future, the district is designed to be supportive of the agricultural products grown in the area. Furthermore, due to the lack of available lack of public utilities, such uses must be limited in nature to those requiring minimal process water effluent discharges. Ordinance requirements of the Industrial District are therefore designed to accommodate the development of only those uses that are compatible with one another and, with the inclusion of appropriate buffering, siting and design elements, are least offensive and disruptive to nearby residential or other properties and transportation abilities or the accommodation of community wide needs for general retail sales and service facilities. The regulations are designed to permit development of the enumerated functions as limited to protect the abutting and surrounding properties.

B.

Permitted uses. Land and/or building may be utilized for the following permitted uses subject to the standards outlined below and subject further to site plan approval under the procedures and criteria outlined in 4.16.K., Site plan review procedures.

(1)

Use and development of separate and individual lots or building sites for the following purposes:

a.

Food processing.

b.

Warehouses and cold storage.

c.

Tool, die and gauge and machine shops, pattern makers.

d.

Mini-storage facilities.

e.

Printing and publishing.

f.

Parts assembly.

g.

Essential services.

h.

Cabinet making shops.

i.

Office buildings when accessory to a permitted use.

j.

Wireless communication facilities which are sited as principal uses.

k.

Accessory buildings and uses customarily incidental to the permitted uses when located on the same lot or parcel of land.

l.

Vehicle repair shops providing all vehicles and materials are kept within a building or in an area well screened from the view of nearby properties and roadways.

m.

Research and development establishments and laboratories.

n.

Construction contractors such as plumbing, heating and electrical providing parts are stored indoors.

o.

Contractors or concrete and paving providing no raw material production or storage of product are kept on site (asphalt, concrete).

p.

Crating and packing or mailing service.

q.

Wholesale distributors.

r.

Service establishments such as upholstering, office machine repair, sign painting and taxidermist.

(2)

Use and development of separate/individual lots or building sites for the uses specified in paragraph 7.2.1 [subsection B.(1)] located in multiple-occupant structures intended for or used by two or more separate and distinct businesses, provided that such structure shall not exceed 10,000 square feet of building floor area. For the purposes of this paragraph, subsidiary or related businesses with common or similar ownership shall not be regarded as separate and distinct businesses.

C.

Special exception uses. Land and/or buildings may be utilized for the following special exception uses subject to the procedures for approval of special exception uses itemized in subsection (2) below and any specific standards adopted for the special exception use.

(1)

Any industrial use itemized as a permitted use in subsection B.(1) above which exceeds 28,000 square feet of floor area or employs more than 30 persons on site during any one shift.

(2)

Any multiple-occupant structure with a building floor area in excess of 10,000 square feet, intended for or used by two or more separate and distinct businesses. For the purposes of this paragraph, subsidiary or related businesses with common or similar ownership shall not be regarded as separate and distinct businesses.

(3)

Land developments creating two or more industrial lots or building sites which under the terms of this ordinance will entail or require the construction of a public or private street or road in order to achieve the required street frontage or legal access to each lot or building site.

(4)

Wireless communication facilities which are sited as secondary uses.

(5)

Planned unit development (PUD).

D.

Site development standards.

(1)

Height. No industrial building or structure shall exceed the lesser of 35 feet or two and one-half stories.

(2)

Lot area and lot width. The minimum lot area for use in this district shall be one acre with a minimum lot width of 220 contiguous feet. No more than 35 percent of the lot area shall be occupied including outdoor storage areas, but excluding employee and visitor parking areas.

(3)

Setback and sideline spacing. No building or structure for industrial use nor the enlargement of any such building or structure shall be erected unless the following setback and side line spacing requirements are met:

(4)

Setbacks.

a.

Front. The minimum setback line for residential [industrial] buildings or structures shall be 50 feet from the foundation to street or state highway right-of-way lines, or public road easement lines, abutting a parcel.

b.

Side. The minimum side line spacing for industrial buildings or structures including outdoor storage areas shall be 30 feet except that for such buildings, structures, or areas abutting a residential area such minimum spacing shall be 50 feet, and except further that no such building or structure shall be located less than 100 feet from any occupied residential building.

c.

Rear. The minimum rear line spacing for industrial buildings or structures including outdoor storage areas shall be 25 feet from the foundation except that for such buildings, structures or areas abutting residential areas such minimum spacing shall be 50 feet, and except further that no such building or structure shall be located less than 100 feet from any occupied residential building.

(5)

Construction materials. At least 80 percent of the front side of industrial buildings, as well as any other sides that face adjacent residential areas, shall be finished with face brick, wood, glass, stone, fluted cement block or future acceptable building materials compatible with surrounding properties. All materials shall meet appropriate architectural, aesthetic and safety concerns as provided for in duly adopted ordinances and/or building and fire codes.

(6)

[Utilities.] All utility lines shall be underground.

(7)

Landscaping, fencing and signs.

a.

Landscaping. All ground surfaces between the edges of public or private roads and streets and the property line shall be landscaped and maintained as such. All unused areas must be landscaped or kept natural.

1.

For property lines abutting a residential district a screen of fencing, berms, plantings or a combination of these not less than six feet above ground level shall be provided. If plantings alone are used such plantings must provide a 30-foot wide strip that will present a solid sight barrier.

2.

Fencing must be solid, berms must be landscaped and screen plantings shall retain foliage throughout the year. The site plan shall include a planting plan giving the numbers, species and height of plantings at time of installation.

3.

Maintenance of fencing, berms and plantings following installation is the responsibility of the property owner. A performance bond covering maintenance of plantings until established and construction of fencing and berms may be required by the township.

b.

Fencing. Except for loading and unloading docks and employee and visitor parking areas, all uses not in an enclosed building must be enclosed by a solid fence not less than six feet in height. An alternative screening feature such as a berm in combination with obscuring vegetation, fencing or walls may be approved when in the judgment of the Zoning Commission (Zoning Commission (Planning Commission)) such alternative screening, taken in context of the specific location and outdoor use, would provide equal or better permanent year round noise and visual protection.

c.

Signs. Signs in an industrial district shall comply with the provisions of section 4.18 of this ordinance.

(8)

Road and streets.

a.

Private roads and streets. All private road and streets must be hard surfaced and must comply with the sections of the ordinance dealing with private roads and streets.

b.

Ingress and egress.

1.

Access roads serving an industrial development containing more than one industrial operation shall be designed to include a dual throat at the public-street intersection. The raised island in the driveway throat shall be a minimum of ten feet in width and 30 feet in length. The ingress lane shall be a minimum of 16 feet wide and the egress lane shall be a minimum of 22 feet wide. Final driveway throat geometrics are subject to the approval of the Van Buren County Road Commission.

2.

An access road intersection wholly within the industrial district shall have not less than a 66-foot wide easement. If such an intersection abuts nonindustrial property with the easement shall be not less than 80 feet wide.

3.

For an industrial development larger than 20 acres that will serve more than one industrial operation the township may require provision in the site plan for an additional ingress-egress road.

(9)

Parking. All parking areas must be in compliance with this ordinance.

(10)

External lighting. All industrial operations shall comply with the lighting provisions of sections 4.09 and 4.12 and the additional standards below. Exterior lighting shall be designed and constructed in such a manner to:

a.

Insure that direct or directly reflected light is confined to the development site.

b.

Lamps and luminaries shall be shielded, hooded and/or louvered to provide a glare-free area beyond the property line and beyond any public right-of-way. The light source shall not be directly visible from beyond the boundary of the site and light rays may not be emitted by the installed fixture at angles above the horizontal plane of the fixture.

c.

The light from any illuminated source shall be designed so that the light intensity or brightness will not be objectionable to surrounding areas.

d.

Light sources shall be low-pressure sodium or similar fixtures which emit light that may be filtered for astronomical viewing.

e.

No elevated exterior light fixture, including, but not limited to, light poles, canopy lights, soffit lights and similar fixtures, shall exceed 14 feet in height.

f.

There shall be no lighting of a blinking, flashing, or fluttering nature, including changes in light intensity, brightness or color. Beacon and search lights are not permitted.

g.

No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic control devices.

E.

Change in occupant or tenancy. Approval of site plans and special exception uses shall apply to the uses and tenants proposed at the time of application. In the I Industrial District, a change in the nature of the tenancy or occupancy of a previously approved building may require a new or revised site plan, unless the zoning administrator determines that the proposed new use is reasonably able to comply with all conditions of approval pertaining to the original site plan.

(Amend. eff. Dec. 21, 2009)

A.

Description of district. The intent of this district is to provide a level of protection to environmentally sensitive areas beyond that which is required in the underlying zoning district. The township has identified these sensitive areas through the use of an overlay classification. With this method, underlying land use classifications aid in determining uses and densities, but the overlay indicates that the area is in need of special site plan and development considerations. Among these considerations are shoreline buffers, deeper setback limits and the need for additional site specific studies during site plan review.

Future development should be planned in consideration of the natural and aesthetic environment. Minimizing impervious surface area, establishing shoreline buffers and setback areas, instituting regular septic system inspection, and limiting the application of landscape chemicals are suggested mechanisms for conserving the quality of Porter Township's inland waters.

All proposed land uses in the Environmental Buffer Overlay [District] except single-family residences located on a private lot shall be subject to site plan review by the Zoning Commission (Zoning Commission (Planning Commission)) and approval by the township board.

B.

Setback from lakes, ponds, swamps, streams, and rivers. Subject to any water resources commission or health department regulations which may be more stringent than this ordinance, any building constructed on a lot abutting a lake, pond, swamp, stream, river, drainage ditch, or similar water body, shall be set back at least 75 feet from the water's edge, except:

(1)

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

(2)

Where the majority of the property abutting said water line within 500 feet of a vacant lot has been built upon at the time of passage of this ordinance. The setback of any building hereafter erected on said vacant lot shall not be required to be greater than the average setback of the improved three properties on either side, total of six.

(3)

One-story boat houses used exclusively for boating and bathing facilities which may be constructed at the water's edge, but not over the water. Only temporary docks and temporary boat shelters may be constructed out into the lake.

In the event of a controversy concerning the location of the water's edge for the purposes herein set forth the determination of the board of appeals established under statute and this ordinance, shall be conclusive on such questions.

C.

Required greenbelts. A greenbelt of natural vegetation shall be maintained on all properties within the Environmental Buffer Overlay District subject to the following requirements at a minimum:

(1)

A 100-foot-minimum greenbelt shall apply on each side of the main tributaries in the township. On all other designated water bodies and wetlands, a 50-foot restricted cutting strip shall apply. Distances of the natural vegetation strip are measured horizontally from the water's edge or wetland or established high water mark, whichever is greater.

(2)

Greenbelt buffer zones of at least 25 feet shall be required between residential structures and adjacent undeveloped or conservation uses to the side and rear of the property. This does not replace the requirements of subsection a along the water side of the property. The buffer areas shall be appropriately planted with native grasses, forbs, shrubs and/or trees.

(3)

Within any land to be subdivided, the greenbelt buffer zone may be included in the area to be subdivided or within any designated open space. However, the buffer zone shall not be included in calculations for determining more than 50 percent of the area is open space.

(4)

The entire extent of wetland and floodplain areas shall not be altered, dredged, filled, piped, diverted, or built upon except where all applicable local, state, and/or federal permits have been obtained.

(5)

Developments which are proposed within 100 feet of an identified wetland, according to the Porter Township Land Use Plan, may be required to have additional studies completed at the applicant's cost. The applicant shall choose the consultant from a list of qualified firms.

D.

Design standards.

(1)

Within the Environmental Buffer Overlay District, it is the intent of Porter Township to allow development that may aid in permanently preserving the open space, agricultural lands, woodlands, wetlands, critical views and other natural features of rural Porter Township.

(2)

In general, the organization of land and structures within the Environmental Buffer Overlay District shall seek to maximize conservation values. The use of land and structures also must conform to the following design standards:

a.

Maximum building coverage, including primary and accessory structures shall be ten percent of total lot area.

b.

Maximum total impervious coverage, including structures and other impervious surfaces shall be 15 percent of total lot area.

c.

The site shall be designed to preserve natural features whenever feasible.

A.

Intent. To meet the needs of those engaged in agricultural pursuits and to enhance, in an orderly manner, the agricultural interests of the township, the purpose of this district is to provide convenient locations for processing, shipping, receiving and warehousing of products.

B.

Principal uses. Fruit and vegetable production and processing and other agricultural processing facilities including shipping and receiving stations for such products, both raw and processed; freezer and cold storage and general commercial warehousing. Also, the manufacturing of packaging and products related to processing agricultural foodstuffs (including related offices and retail sales).

C.

Restrictions. All vats, tanks and other similar structures located within 1,000 feet of any residential dwelling shall be appropriately screened.

D.

Site development standards.

(1)

Height. No industrial building or structure shall exceed the lesser of 35 feet or two and one-half stories.

(2)

Lot area and lot width. The minimum lot area for use in this district shall be one acre with a minimum lot width of 220 contiguous feet. No more than 35 percent of the lot area shall be occupied including outdoor storage areas, but excluding employee and visitor parking areas.

(3)

Setback and sideline spacing. No building or structure for industrial use, nor the enlargement of any such building or structure shall be erected unless the following setback and side line spacing requirements are met:

a.

Setbacks.

1.

Front. The minimum setback line for residential [industrial] buildings or structures shall be 50 feet from the foundation to street or state highway right-of-way lines, or public road easement lines, abutting a parcel.

2.

Side. The minimum side line spacing for industrial buildings or structures, including outdoor storage areas, shall be 30 feet except that for such buildings, structures, or areas abutting a residential area such minimum spacing shall be 50 feet, and except further that no such building or structure shall be located less than 100 feet from any occupied residential building.

3.

Rear. The minimum rear line spacing for industrial buildings or structures, including outdoor storage areas, shall be 25 feet from the foundation except that for such buildings, structures or areas abutting residential areas such minimum spacing shall be 50 feet, and except further that no such building or structure shall be located less than 100 feet from any occupied residential building.

(4)

Construction materials. At least 80 percent of the front side of industrial buildings, as well as any other sides that face adjacent residential areas, shall be finished with face brick, wood, glass, stone, fluted cement block or future acceptable building materials compatible with surrounding properties. All materials shall meet appropriate architectural, aesthetic and safety concerns as provided for in duly adopted ordinances and/or building and fire codes.

(5)

[Utilities.] All utility lines shall be underground.

(6)

Landscaping, fencing and signs.

a.

Landscaping. All ground surfaces between the edges of public or private roads and streets and the property line shall be landscaped and maintained as such. All unused areas must be landscaped or kept natural.

1.

For property lines abutting a residential district a screen of fencing, berms, plantings or a combination of these not less than six feet above ground level shall be provided. If plantings alone are used such plantings must provide a 30-foot wide strip that will present a solid sight barrier.

2.

Fencing must be solid, berms must be landscaped and screen plantings shall retain foliage throughout the year. The site plan shall include a planting plan giving the numbers, species and height of plantings at time of installation.

3.

Maintenance of fencing, berms and plantings following installation is the responsibility of the property owner. A performance bond covering maintenance of plantings until established and construction of fencing and berms may be required by the township.

b.

Fencing. Except for loading and unloading docks and employee and visitor parking areas, all uses not in an enclosed building must be enclosed by a solid fence not less than six feet in height. An alternative screening feature such as a berm in combination with obscuring vegetation, fencing or walls may be approved when in the judgment of the Zoning Commission (Zoning Commission (Planning Commission)) such alternative screening, taken in context of the specific location and outdoor use, would provide equal or better permanent year round noise and visual protection.

c.

Signs. Signs in an industrial district shall comply with the provisions of section 4.18.

(Amend. eff. Dec. 21, 2009)

The table accompanying this ordinance, entitled the "Summary of Site Development Regulations" is hereby incorporated as part of this ordinance. The table has been included in this ordinance for convenience of administration and implementation of various requirements applicable in the zoning districts. The table supplements but does not supplant any of the specific provisions of this ordinance. In the event of any ambiguity or uncertainty concerning the provision of the table, or any real or apparent conflict between the table and any specific provision of this ordinance, the specific provisions of this ordinance shall at all times control.