In addition, all dwellings shall meet the following minimum standards:

A.

Minimum size of a dwelling unit shall be 960 square feet of floor area per dwelling unit, including manufactured homes;

B.

Nine hundred sixty (960) square foot minimum on the first floor; and a minimum of 24 feet wide entire length of building

C.

Must have a HUD seal;

D.

If the dwelling is a manufactured home, there can be no modifications from the original home;

E.

The dwelling must meet Michigan Building Code standards;

F.

If the dwelling is a modular or manufactured home, it must be less than ten years old.

A.

Accessory structures or buildings which are customarily accessory to specific principal uses for the zoning district in which they are located shall be permitted subject to the following regulations:

(1)

Accessory structures or buildings which are attached to a principal use building shall be considered a part of the principal building and shall be subject to all applicable requirements of the zoning district in which it is located.

(2)

Accessory structures or buildings which are not attached to a principal use building or structure shall not be placed in any required yard space. Such structures or buildings may be placed in side yard or rear yard spaces provided they are located no closer than ten (10) feet from the side or rear lot line.

(3)

With the exception of lakefront property with a road easement less than sixty-six (66) feet wide, accessory structures shall be located no closer to the road right-of-way than twenty (20) feet.

B.

Waterfront accessory structures.

1.

The purpose of this section is to allow for and regulate the construction of portable accessory storage buildings or waterfront lots within that portion of a lot between a principle residence and the water's edge. Such a structure would be permitted only if intended and used to provide for the shelter or storage of equipment and other items of an accessory nature to the principle permitted use of the parcel.

2.

On a waterfront lot, one (1) detached portable storage accessory structure may be located on that portion of the lot between the water's edge and the principle dwelling provided all of the following criteria are met:

a.

It shall not exceed one hundred twenty (120) square feet in area and eight and one-half (8½) feet in height from grade level to the peak; and no one side shall exceed twelve (12) feet in length.

b.

It shall be located a minimum of 3 feet from the side property line(s) and 3 feet from the ordinary high water mark as defined herein, or, in the case of an existing seawall, 3 feet from the waterside edge of the seawall, whichever is greater.

c.

The area of such accessory structure shall be counted as part of the overall lot coverage on the lot.

d.

The structure must be portable as defined by this ordinance.

3.

The building materials and design of any accessory structure shall be similar to that of the primary building on the lot, and shall conform to neighboring uses and structures in accordance with the purpose of the district where it is located.

4.

An accessory structure allowed pursuant to this section shall not be constructed without the issuance of a valid building or zoning permit by the township building inspector as required elsewhere in the ordinance.

5.

No building or zoning permit shall be issued if, in the opinion of the building inspector, the peak of the proposed structure would be above the lowest grade elevation of any residence on each parcel immediately adjacent to the subject parcel. In the event a permit would be denied on this basis alone:

a.

The building inspector shall have the authority to determine whether the location and/or dimensions of the proposed structure could be modified so that, in the opinion of the building inspector, the proposed structure would comply with the criteria set forth in paragraph 2 herein and not unreasonably interfere with the view of adjacent principal buildings, and issue a permit accordingly; or

b.

The applicant can seek a variance from the Zoning Board of Appeals pursuant to the terms of the zoning ordinance.

6.

"Portable accessory storage structure" is defined as a structure intended for the shelter or storage of equipment and other items of an accessory nature to the principal permitted use of the parcel and which is comprised of a self-supporting assemblage of material and is not permanently attached to a footing and foundation in compliance with the applicable building code.

7.

"Ordinary high water mark" is defined as any legally established ordinary high water mark on waters; in the event there is no legally established high water mark, the ordinary high water mark shall be the line between upland and bottomland which persists through successive changes in water levels below which the presence and action of the water is so common or recurrent that the character of the land is marked distinctly from the upland and is apparent in the soil itself, the configuration of the surface of the soil, and vegetation, as determined by the building inspector.

(Amend. eff. June 10, 2009; amend. eff. Dec. 21, 2009)

Every dwelling, exclusive of mobile homes located in a state licensed mobile home park and dwellings permitted as temporary uses, shall be located upon a lot of record. No more than one such dwelling structure shall be located upon a lot of record.

Purposes. To contribute to the public safety and welfare of present and future property owners by providing free and adequate ingress and egress of emergency vehicles, garbage and other service vehicles and the general users of roads to any future developed property within Porter Township, including new plats and those unplatted parcels of land which may not now front on a public road or street.

It is intended that this ordinance govern the construction of all new roads, streets, easements and right-of-ways to two or more land parcels. The word "road" used throughout this ordinance will refer to all of the above.

(1)

All new roads in Porter Township providing access to lands or lots that have been split from a larger parcel of land for the purpose of home sites, shall conform to standards and specifications of the Van Buren County Road Commission and shall, at the time of effect, consist of a minimum of 66 feet wide right-of-way. Said road must have a driveable surface of 22 feet width or more and be of bituminous construction within the said 66-foot right-of-way.

(2)

The above-described roads shall be identified to provide emergency vehicles access to lots and lands. All said roadways will be assigned a name or number by the township board and be registered with the township clerk and any appropriate county agency. These roads shall meet all other Porter Township ordinances as though said roads are the parcel's frontage.

(3)

Variances, rezonings or building permits will not be granted until the above specifications have been met.

(4)

Except as to the existing lots of record, every building designed or intended for human occupancy hereafter erected or relocated in Porter Township shall be erected or relocated upon a lot or parcel of land abutting a public street.

Agricultural buildings used exclusively and actively for farming operations shall generally be exempt from various inspections and fees. Please refer to separate schedule of fees.

A nonconforming manufactured home (herein called mobile home), basement, cellar, garage or suitable similar structure may be erected, constructed or moved upon a premises and used for temporary dwelling purposes only by a temporary use permit issued by the township zoning administrator and board of appeals in accordance to the following limitations:

(1)

Except as elsewhere provided in this ordinance for hardship cases and seasonal cottages, temporary use of a building, mobile home garage, cellar, basement or other structure shall be for the sole purpose of providing dwelling facilities for the owner of the premises during the period in which a permanent dwelling conforming to the provisions of this ordinance is in the process of erection and completion, provided, however, that such period shall not exceed 12 consecutive months beginning with the date of issuance of a suitable bond payable to the township board.

(2)

Such use of any such building, mobile home, garage, basement or other structure for the temporary occupancy shall not be adverse to the public health, safety or general welfare.

(3)

The location of each such building, mobile home, garage, cellar, basement or other structure shall substantially conform to the regulations governing the yard requirements for dwellings in the district in which it is situated as though it were located on a separate lot.

(4)

Mobile homes used as a temporary housing under this section shall have approved septic tank, proper drainage and be connected to a pressure water system.

(5)

Application for a permit for the erection, movement, alteration, occupancy and use of such mobile home, garage, basement, cellar or other similar structure intended for temporary occupancy shall be made to the township on an appropriate form signed by the applicant which shall indicate that the applicant has read, understands and agrees to abide by all applicable provisions of this ordinance. A permit under this section may be revoked if construction of the permanent dwelling is not commenced within six months after issuance of the temporary permit.

(6)

In the case of recreational vehicles providing temporary housing of guests or visitors on the premises, such use shall be permitted for a period of time not to exceed 30 days in any 12 consecutive month period, provided, that the occupants of the recreational vehicle shall have unrestricted use of the sewerage disposal and water supply facilities of the principal building.

(7)

Where there is a demonstrated financial or health-related hardship on the part of such occupants, provided a temporary occupancy permit is obtained from the zoning administrator after approval by the board of appeals. Such occupancy permit may, at the discretion of the Zoning Administrator, after approval by the board of appeals, be renewed for additional reasonable periods, not to exceed one year.

(8)

A seasonal cottage shall not be used as or converted to a single-family, two-family or multiple-family dwelling intended or used for permanent occupancy except upon compliance with all applicable provisions for such dwellings of this ordinance and other ordinances, laws and regulations which regulate the location, construction and use of single-family, two-family and multiple-family dwellings.

Occupations engaged in within a dwelling by the resident or residents of the same complying with the following conditions and limitations:

A.

Are operated in their entirety within the dwelling and garage or accessory building located upon the premises.

B.

Are conducted by the person or persons occupying the premises as their principal residence and would not materially impair the residential character of the neighborhood or cause traffic congestion or parking problems. In no event, however, shall additional assistants exceed two in number.

C.

The dwelling has no exterior evidence, other than a permitted sign, to indicate that the same is being utilized for any purpose other than that of a dwelling.

D.

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

E.

No goods shall be sold from the premises, which are not strictly incidental to the principal home occupation therein.

F.

No occupation shall be conducted upon or from the premises which would constitute a nuisance or annoyance to adjoining residents by reasons of noise, smoke, odor, electrical disturbance, night lighting, or the creation of unreasonable traffic to the premises. Noise, smoke, odor, electrical disturbance or the source of lighting shall not be discernible beyond the boundaries of the property from which the occupation is conducted.

G.

Sales of firearms and related accessories and ammunition are allowed as a home occupation in all Residential and Agricultural zones. The following requirements/information/documents must be submitted to the Township by those operating under this section of Home Occupations:

(1)

Current copy of their license, provided annually to the Township;

(2)

The number of arm's length transactions;

(3)

If requested, notify the Township if Federal Firearms Licensee is selling ammunition or gun powder and relative location of where it is stored on the property.

(Amend. eff. September 9, 2020)

The keeping of customary domestic household pets is permitted under the terms of this ordinance in any zoning district. However, the keeping of any other animals, poultry, horses or livestock shall be a permitted principal use only in the A-OS, Agricultural-Open Space districts.

A.

All lighting upon any premises, regardless of zone, shall be so arranged that such lighting does not produce any glare which is a nuisance or annoyance to residents or occupants of adjoining premises or to the traveling public on public highways.

B.

Except as otherwise provided in this zoning ordinance, all premises used for business, commercial or industrial purposes shall be screened from adjoining premises located in residential districts by one of the following:

(1)

A natural compact planting area of evergreens or shrubbery which maintains its density and screening effect throughout the calendar year, not less than four feet in height at the time of planting and maintained in a neat and attractive manner, commensurate with the adjoining residential district.

(2)

An artificial wall or fence of sufficient density or compactness to screen the structures and activities of the business from the view of occupants of adjoining premises, not less than five feet in height and maintained in a neat and attractive manner.

(3)

No such planting area, wall or fence shall be closer than ten feet from any adjoining street right-of-way line.

Fences are permitted, or required, subject to the following:

A.

Fences on all lots of record in all residential districts which enclose property and/or are within a required side or rear yard, shall not exceed 6.0 feet in height, measured from the surface of the ground, and shall not extend toward the front of the lot nearer than the front of the house, or the minimum required front yard, whichever is greater, unless the fence is opaque.

B.

Fences in all districts that are within eight (8) feet of a property line 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 views for nearby property owners.

C.

Fences on lots of record in residential districts shall not contain barbed wire, electric current, or charge of electricity.

D.

Fences which enclose public or institutional parks, playgrounds, or public landscaped areas, situated with an area developed with recorded lots, shall not exceed eight feet in height, measured from the surface of the ground, and shall not obstruct vision to an extent greater than 25 percent of their total surface area.

E.

Line fences marking property lines, may be permitted in all yards in areas designated as farms or agricultural areas.

(Amend. eff. Sept. 8, 2010)

The following regulations shall apply to all condominium projects within the Township of Porter, Van Buren County, Michigan.

A.

Condominium subdivision approval. Pursuant to authority conferred by section 141 of the Condominium Act, Act 59 of 1978, as amended, all condominium subdivision plans must be approved by the Zoning Commission (Zoning Commission (Planning Commission)). In determining whether to approve a condominium subdivision plan, the Zoning Commission (Zoning Commission (Planning Commission)) shall consult with the township clerk, township supervisor, township attorney, township engineer, township building inspector and township zoning administrator, regarding the adequacy of the master deed, deed restrictions, utility systems and streets, subdivision layout and design, and compliance with all requirements of the Condominium Act.

(1)

Definitions. The following terms are defined both in the context of the Condominium Act and in a manner intended to make comparison possible between the terms of the zoning ordinance and the subdivision control order with the Condominium Act.

a.

Condominium Act means Act 59 of 1978, as amended.

b.

Condominium subdivision shall be equivalent to the term "subdivision" as used in the zoning ordinance and the subdivision control ordinance.

c.

Condominium subdivision plan means the site, survey and utility plans; floor plans; and sections, as appropriate, showing the existing and proposed structures and improvements including the location thereof on the land. The condominium subdivision plan shall show the size, location, area, vertical boundaries, and volume for each unit comprised of enclosed air space. A number shall be assigned to each condominium unit. The condominium subdivision plan shall include the nature, location and approximate size of common elements.

d.

Condominium unit means that portion of the condominium project designed and intended for separate ownership and use, as described in the master deed.

e.

Consolidating master deed means the final amended master deed for a contractible condominium project, an expandable condominium project, or a condominium project containing convertible land or convertible space, which final amended master deed fully describes the condominium project as completed.

f.

Contractible condominium means a condominium project from which any portion of the submitted land or buildings may be withdrawn pursuant to express provisions in the condominium documents and in accordance with this ordinance and the Condominium Act.

g.

Conversion condominium means a condominium project containing condominium units some or all of which were occupied before the establishment of the condominium project.

h.

Convertible area means a unit or a portion of the common elements of the condominium project referred to in the condominium documents within which additional condominium units or general or limited common elements may be created pursuant to express provisions in the condominium documents and in accordance with this ordinance and the Condominium Act.

i.

Expandable condominium means a condominium project to which additional land may be added pursuant to express provisions in the condominium documents and in accordance with this ordinance and the Condominium Act.

j.

Front yard setback shall be equal to the distance between the front yard area line and the condominium dwelling.

k.

Lot shall mean the same as "home site" and "condominium unit."

l.

Mobile home condominium project means a condominium project in which mobile homes are intended to be located upon separate sites which constitute individual condominium units.

m.

Master deed means the condominium document recording the condominium project as approved by the township board to which is attached as exhibits and incorporated by reference the approved bylaws for the project and the approved condominium subdivision plan for the project.

n.

Rear yard setback shall be equal to the distance between the rear yard area line and the condominium dwelling.

o.

Side yard setback shall be equal to the distance between the side yard area line and the condominium dwelling.

B.

Initial information. Concurrently with notice required to be given the Township of Porter pursuant to section 71 of Public Act 59 of 1978, as amended (MCL 559.171), a person, firm or corporation intending to develop a condominium project shall provide the following information with respect to the project:

(1)

The name, address and telephone number of:

a.

All persons, firms or corporations with an ownership interest in the land on which the condominium project will be located together with a description of the nature of each entity's interest (for example, fee owner, optionee or land contract vendee).

b.

All engineers, attorneys, architects or registered land surveyors associated with the project.

c.

The developer or proprietor of the condominium project.

(2)

The legal description of the land on which the condominium project will be developed together with appropriate tax identification numbers.

(3)

The acreage content of the land on which the condominium project will be developed.

(4)

Condominium purpose shall be limited to residential only.

(5)

Approximate number of condominium units to be developed on the subject parcel.

(6)

Whether or not a community water system is contemplated.

(7)

Whether or not a community septic system is contemplated.

(8)

A survey plan of the condominium subdivision.

(9)

A floodplain plan, when appropriate.

(10)

A site plan showing the location, size, shape, area and width of all condominium units.

(11)

A utility plan showing all sanitary sewer, water and storm sewer lines and easements granted to the township for installation, repair and maintenance of all utilities. The plan shall include all necessary easements granted to Porter Township for the purposes of constructing, operating, inspecting, maintaining, repairing, altering, replacing, and/or removing pipelines, mains, conduits and other installations of a similar character (hereinafter collectively called "public structures") for the purpose of providing public utilities, including conveyance of the sewage, water, and stormwater runoff across, through and under the property subject to said easement and excavating and refilling ditches and trenches necessary for the location of said structures.

(12)

All street construction, paving and maintenance plan for all private streets within the proposed condominium shall conform to county specifications or public roads.

(13)

A storm drainage and stormwater management plan, including all lines, swales, drains, basins and other facilities.

C.

Information to be kept current. All information shall be furnished to the township clerk and shall be kept updated until such time as a certificate of occupancy has been issued.

D.

Site plans—New projects master deed, engineering and inspections. Prior to recording of the master deed required by section 72 of Public Act 59 of 1978, as amended (MCL 559.108), the condominium project shall undergo site plan review and approval pursuant to the ordinance. In addition, the township shall require appropriate engineering plans and inspections prior to the issuance of any certificates of occupancy.

E.

Site Plans—Expandable or convertible projects. Prior to expansion or conversion of a condominium project to additional land, the new phase of the project shall undergo site plan review and approval pursuant to this ordinance.

F.

Master deed, restrictive covenants, and as-built survey to be furnished. The condominium project developer or proprietor shall furnish the township with the following: one copy of the recorded master deed, one copy of all restrictive covenants, and two copies of an "as-built survey." The "as-built survey" shall be reviewed by the township for compliance with the township's ordinances. Fees for this review shall be established by resolution of the township board.

G.

Monuments required—Site condominium projects. All condominium projects which consist in whole or in part of condominium units which are building sites, mobile home sites, or recreational sites shall be marked with monuments as provided in this subsection.

(1)

Monuments shall be located in the ground and made according to the following requirements. It is not intended or required that monuments be placed within the traveled portion of a street to mark angles in the boundary of the condominium project if the angle points can be readily re-established by reference to monuments along the sidelines of the streets.

(2)

All monuments used shall be made of solid iron or steel bars at least one-half inch in diameter and 36 inches long and completely encased in concrete at least four inches in diameter.

(3)

Monuments shall be located in the ground at all angles in the boundaries of the condominium project: at the intersection lines of streets; at the intersections of the lines of streets with the boundaries of the condominium project; at the intersection of alleys with the boundaries of the condominium project; at all points of curvature, points of tangency, points of compound curvature, point of reverse curvature and angle points in the side lines of streets and alleys; at all angles of an intermediate traverse line; and at the intersection of all limited common elements and all common elements.

(4)

If the required location of a monument is an inaccessible place, or where the locating of a monument would be clearly impractical, it is sufficient to place a reference monument nearby with the precise location thereof being clearly indicated on the plans and referenced to the true point.

(5)

If a point required to be monumented is on a bedrock outcropping, a steel rod at least one-half inch in diameter shall be drilled and grouted into solid rock to a depth of at least eight inches.

(6)

All required monuments shall be placed flush with the ground where practicable.

(7)

All unit corners shall be monumented in the field by iron or steel bars or iron pipes at least 18 inches long and one-half inch in diameter, or other approved markers.

(8)

The township board may waive the placing of any of the required monuments and markers for a reasonable time, not to exceed one year, on the condition that the proprietor deposits with the township clerk cash, or a certified check, or irrevocable bank letter of credit running to the township, whichever the proprietor selects, in an amount not less than $25.00 per monument and not less than $100.00 in total. Such cash, certified check, or irrevocable bank letter of credit shall be returned to the proprietor upon receipt of a certificate by a surveyor that the monuments and markers have been placed as required within the time specified.

H.

Monuments required—All condominium projects. All condominium projects shall be marked at their boundaries with monuments meeting the requirements of subsection 7.B above.

I.

Compliance with federal, state and local law. All condominium projects shall comply with Federal and State Statutes and local ordinances, including, but not limited to, zoning and building codes.

J.

State and county approval. The developer or proprietor of the condominium project shall establish that appropriate state and county approvals have been received with regard to the fresh water and waste water disposal systems for the proposed project.

K.

Temporary occupancy. The township may allow occupancy of the condominium project before all improvements required by this ordinance are installed provided that bond is submitted sufficient in amount and type to provide for the installation of improvements before the expiration of the temporary occupancy permit without expense to the township.

L.

Single-family detached condominiums. Single-family detached condominiums shall be subject to all requirements and standards of the applicable zoning district, including minimum floor area requirements. For the purpose of computing density, the number of computing density, the number of units per gross acre shall not exceed 2.9 units per acre in developments without community water and sanitary sewer systems, or 3.8 units per acre in developments with community water and sanitary sewer systems. There shall be maintained a minimum distance of 90 feet from the center of one residential dwelling unit to the center of another residential dwelling unit. This 90-foot requirement shall be computed along the front building line. In addition, building envelopes shall be depicted on the site plan to assure that the minimum 25-foot front yard, 35-foot rear yard, ten-foot side yards.

M.

Streets and roads. All streets and roads in a condominium project shall, at a minimum, conform to the standards and specifications promulgated by the Van Buren County Road Commission for a "typical residential road" in single-family residential subdivisions.

N.

Site plan. After submittal of the condominium plan and bylaws as part of the master deed, the proprietor shall furnish to the township a copy of the site plan on a photographic hard copy, laminated photostatic copy or mylar sheet of at least 13 x 16 inches with an image not to exceed ten and one-half by fourteen (10½ x 14) inches.

O.

Board of appeals. No construction, grading or other development activity shall commence until the final site plan has been approved the township board, all conditions to commencement of construction have been met and all applicable approvals or permits from other governmental bodies have been obtained for the projects.

For each commercial, industrial, manufacturing or other similar business or service establishments hereafter erected or altered, and located on a public highway, road or street in the portions of the township and including buildings or structures used principally as a place of public assembly, there shall be provided and maintained suitable space off the right-of-way for the parking or loading of vehicles. Such space shall be provided with safe entrance from the public thoroughfare. Approval for the location of such exit and entrance shall be obtained from the Michigan State Highway Department for all highways under their jurisdiction and from the County Road Commission for all other roads and highways in the township, which approval shall also include the design and construction thereof in the interest of safety, adequate drainage and other public requirements.

A minimum of 200 square feet exclusive of drive entrances and exits shall comprise one automobile parking space. All parking spaces as required in this section, except that required for dwellings, shall be provided with adequate artificial lighting between the time extending from one-half hour after sunset and one-half hour before sunrise, when the use of such space is open to the public.

A.

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

(1)

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;

(2)

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

(3)

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

(4)

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

(5)

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;

(6)

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.

(7)

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;

(8)

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.

(Amend. eff. Jul. 8, 2016)

There shall be no landfills, dumps or junkyards in any area of the township.

A.

Intent. The intent of the PUD regulations is to permit greater flexibility and, consequently, more creative and imaginative design for the development of residential areas and compatible commercial and industrial areas, than generally is possible under conventional zoning regulations. It is further intended to promote more economical and efficient use of the land while providing for a harmonious variety of housing choices, a higher level of residential amenities, an integration of compatible mixed land uses and the preservation of natural scenic qualities of open spaces. The planned unit development regulations pertaining to planned unit developments, the conditions that create planned unit development eligibility, the participants in the review process, the requirements and standards upon which applicants will be reviewed and approval granted, as well as the procedures required for application, review, and approval are as set forth in this section of the ordinance as required by state law.

B.

Development objectives. The intent of a PUD is to be realized through fulfillment of the following basic objectives:

(1)

Design flexibility. To promote flexibility in design and permit planned diversification in the location of structures;

(2)

Efficient land use. To promote the efficient use of land to facilitate a more economic arrangement of buildings, circulation systems, land use, and utilities;

(3)

Natural features preservation. To preserve to the greatest extent possible the existing landscape features and amenities and to utilize such features in a harmonious fashion;

(4)

Recreation facilities. To provide for more usable and suitably located recreation facilities and other public and common facilities than would otherwise be provided under conventional land development procedures; and,

(5)

Site design. To combine and coordinate architectural styles, building forms and building relationships within the planned unit developments.

C.

Eligibility. Subject to the following criteria and standards, planned unit developments may be permitted under this ordinance only in areas zoned Agricultural-Open Space and Residential as a special use, in accordance with the provisions of article V and subject to compliance with the objectives and standards of this section.

D.

Standards. In addition to the approval standards set forth in article V, section 5.05, the following standards must be considered when approving, denying or approving with required conditions and application for a PUD:

(1)

The application proposed is a planned unit development as defined by this ordinance;

(2)

A planned unit development may be permitted when a landowner, or group of owners acting jointly, can plan and develop a tract of land as an entity and thereby qualify for regulation of that tract of land as one complex land use unit, rather than an aggregation of individual buildings located on separate, unrelated lots;

(3)

The proposed planned unit development is on a parcel which is at least five (5) acres in gross area and the area available for development (net acreage) shall not be less than one-half the gross acreage;

(4)

The development will be compatible with adjacent land uses and the natural environment;

(5)

The development is warranted by the design of open space and/or additional amenities made possible by the proposal, or it can be demonstrated that the needs of the community will be better served by a private plan which combines multiple structures or uses on one or more contiguous parcels;

(6)

Each use contemplated in the planned unit development is listed as a permitted use or a special use in the zoning district in which the planned unit development is located or a permitted;

(7)

The density proposed represents the maximum number of housing units or principal structures which would otherwise be permitted by the underlying zoning district;

(8)

The provisions of this section may be implemented by reducing the minimum lot area and lot width standards of section 8.7 provided that the standards of the Van Buren County Health Department are met;

(9)

In addition to altering minimum lot area and lot width standards of the underlying zoning district, the township may also waive, wholly or in part, any usable floor area requirement, setback, or maximum height, specified by the restrictions of the respective zoning district, if doing so results in:

a.

Additional public property in the development and/or public easement on property in the development that is acceptable to the township; and/or,

b.

Public park land developed in or near the development; and/or,

c.

Some other public value to the township.

(10)

If a proposed use in a planned unit development is a retail trade, finance, insurance or real estate service, or service and is not listed as a permitted use or a special use in the respective district in which the planned unit development is proposed, the use may still be a part of the planned unit development if the following conditions are met:

a.

Operation of the use will be conducted entirely within an enclosed building except for parking, signs, arrival and departure of merchandise or supplies and other activities incidental thereto which are not permanent in nature;

b.

All outside accessory and work areas will be enclosed by a solid wall;

c.

The principal structure will be 600 square feet in building area or larger;

d.

The total interior floor area of all principal and accessory structures does not exceed 3,000 square feet.

(11)

Development under this option shall not be dependent upon the establishment of a public sewer or public water supply system.

(12)

Van Buren County Health Department standards relating to the suitability of groundwater for on-site water supply and the suitability of soils for on-site sewage disposal shall apply.

E.

Application process for a PUD.

(1)

Preliminary conference. An informal preapplication conference between the proponent of the PUD and township planning officials and township engineer is recommended although not mandatory. The conference allows the developer to present concept plans for the PUD to local planners. Township officials will explain the PUD regulations and process, and provide guidance and direction to the developer in complying with all requirements, issues, and policies. The conference enables the developer to decide to proceed with site designs as presented or to change the design as necessary to meet requirements.

(2)

Submission and review of preliminary site plan. A preliminary site plan shall be submitted in accordance with article V, section 5.04. The purpose of the preliminary site plan review is to provide a mechanism whereby the applicant obtains a substantial review of the proposed project in order to prepare a final PUD site plan, and to execute necessary agreements between the developer and the township. A comprehensive presentation shall be made at a public hearing called by the Zoning Commission (Zoning Commission (Planning Commission)) for review and recommendation to the township board. The preliminary PUD site plan shall include the following:

a.

[Contents.] Contents specified in article V, section 5.03; and,

b.

Construction schedule. A development schedule indicating the approximate date when construction of the PUD, or phases of the PUD can be expected to begin and be completed.

(3)

Public hearing. The Zoning Commission (Zoning Commission (Planning Commission)) shall publish a notice for a public hearing in a local newspaper. The notice shall be given consistent with the requirements for notice of a public hearing to consider a proposed rezoning or zoning amendment as provided for in the Michigan Zoning Enabling Act, Public Act 110 of 2006.

(4)

Zoning Commission (Zoning Commission (Planning Commission)) action. After a public hearing has been held by the Zoning Commission (Zoning Commission (Planning Commission)), the Zoning Commission (Zoning Commission (Planning Commission)) shall make a recommendation on the PUD application and the preliminary site plan to the township board.

(5)

Township board review. The township board shall consider the recommendations forwarded by the township Zoning Commission (Planning Commission) review the preliminary site plan and related documents, and make a decision on the PUD application and preliminary site plan.

(6)

Township board action. If the preliminary site plan contains the information required by this ordinance, is in compliance with this ordinance and the township master plan, and conforms to any conditions imposed pursuant to this ordinance, other applicable ordinances and state statutes, the preliminary site plan shall be approved.

F.

Submittal of final site plan.

(1)

Final use approval. The purpose of final site plan review is to approve the PUD comprehensive plan and agreement for the entire PUD including final plans for items listed and all other required conditions, and to approve the areas of the final plan for specific use.

(2)

Phased development. If the entire PUD is to be built in phases, then plans for specific use areas can be submitted as required as long as each phase of development is in conformance with all requirements of this ordinance.

(3)

Land use permits. Land use permits for any or all phases of development shall not be issued until plans for the entire PUD or each specific use area have received final approval by the township board upon recommendation of the Zoning Commission (Planning Commission).

(4)

[Procedure for approval.] The procedure to be followed for approval of the final site plan is that set out for preliminary site plans in subsection 4.14(E) herein.

G.

Amendments. Amendments to an approved planned unit development shall be handled in the same manner as the initial application. Minor, nonsubstantive changes may, however, be made to the special use permit by mutual agreement between the township and the applicant without further public hearing, if done prior to the issuance of an occupancy permit for the use affected by such change.

A.

District setback regulations shall apply except that in no case shall any structure be closer to the waters edge than the average of three adjacent dwellings on each side.

B.

Waterfront lots are defined as a lot that abuts a water, stream, pond, river or lake.

C.

For purposes of rear yard setbacks, the rear yard setback shall be from the normal high water mark and that portion of the lot lying between high water mark and building shall be considered be the rear yard.

A.

Purpose. To provide for the flexibility in the regulation of land development; to assure the permanent preservation of substantial open space and other natural resources; to encourage innovation and greater flexibility in the design of residential developments; to facilitate the construction and maintenance of streets, utilities and public service in a more sustainable, economical and efficient manner; to provide for site development that maintains a low visual impact, particularly along roadways and abutting properties; ensuring compatibility of design and use between neighboring properties; and encourage a less sprawling form of development, thus preserving open space and natural features consistent with the township's rural character and enhancing the heath, safety and welfare of its residents.

This ordinance is not intended as a devise for ignoring the zoning regulations of the township, the standards set forth herein, nor the planning concepts upon which the zoning ordinance has been based.

B.

Scope. This ordinance is established to satisfy the requirements of P.A. 177 of 2001 (commonly referred to as the Open Space Preservation Act). The Act requires that qualified townships provide, at the option of the landowner, for the clustering of residential units on a portion of the property provided that 50 percent or more of the land is preserved as permanent open space, by legal means that run with the land. Open space community projects are designed for residential developments that have a density of three units per acre or less (with public sewer) or two units per acre or less (without public sewer). The "Agricultural" and "R" zoning districts meet those standards.

An open space community development may be created through a land division, a subdivision, site condominium subdivision, and/or planned unit development (PUD). In addition to this ordinance, land divisions, plats, and/or site condominiums are subject to the Land Division Act of 1996, as amended, and the Condominium Act of 1978, as amended. subdivisions and site condominiums are also subject to the township ordinance pursuant to the Michigan Subdivision Control Act of 1967, Land Division Ordinance, and Condominium Projects Ordinance.

C.

Definitions.

One-hundred-year floodplain. The area of land adjacent to a stream that is subject to inundation during a storm event that has a recurrence interval of 100 years.

Open space. A portion of a development site that is permanently set aside for the public or private use and will not be developed. Open space may be used as community open space, agricultural open space, or preserved as green space.

Open space community development. A development pattern that arranges the layout of buildings in a compact area of the site so as to reserve a portion of the site for open space and is protected in perpetuity.

Primary conservation areas. These include wetlands, floodplains, and areas where steep slopes predominate.

Right-of-way. The width of a public or private roadway that encompasses the pavement width and the adjacent land needed for placement of sidewalks, utilities, and storm water drainage.

Secondary conservation areas . These areas include important natural resources such as prime and unique farmlands, prime timber production areas, groundwater recharge areas, river and stream corridors, as well as other significant wildlife habitat. Cultural and aesthetic areas may be incorporated, such as historic sites and structures, greenways and trails, and scenic vistas.

Single-loaded streets. Streets with houses located on only one side, thereby affording the homeowner with more expansive views.

Stream buffer. A vegetated area bordering a stream or wetland that exists or is established to protect a water way system. Alteration of this vegetated area is strictly limited.

Unbuildable land. The area of a site that includes wetlands and submerged areas, slopes of 25 percent or more, and lands within the 100-year floodplain.

Wetlands. Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

Yield plan. A plan prepared to determine the density that could be realized with a conventional layout, given existing constraining features (unbuildable land). The yield plan need not be heavily engineered, but must be to scale and follow zoning ordinance requirements.

D.

Open space community provisions. Open space community projects shall be subject to the following standards:

(1)

Minimum size. The minimum size of an open space community development shall be 20 acres of contiguous land.

(2)

Unified control. The proposed development shall be under single ownership or control, such that there is a single person or entity having proprietary responsibility for the full completion of the project. The applicant shall provide sufficient documentation of ownership or control in the form of agreements, contracts, covenants, and/or deed restrictions that indicate that the development will be completed in its entirety, as proposed.

(3)

Guarantee of open space. The applicant shall guarantee to the satisfaction of the township Zoning Commission (Planning Commission) that all open space portions of the development will be maintained in the manner approved. Documents shall be recorded that bind all successors and future owners in fee title to commitments made as part of the proposal.

E.

Project design standards. The open space community development shall comply with the following design standards:

(1)

Location. An open space community development may be approved upon any agricultural or residentially zoned land in the township.

(2)

Permitted uses. An open space community development shall not be permitted for multiple residential or commercial developments. An open space community development is restricted to single-family residential dwellings.

(3)

Base zoning regulations. Unless specifically waived or modified by the Zoning Commission (Planning Commission), all zoning ordinance requirements for the underlying zoning district, except for minimum lot area, and other township regulations shall remain in full force. In no event shall the minimum lot be greater than 30,000 square feet.

(4)

Open space requirements. An open space community shall maintain a minimum of 50 percent of the gross area of the site as dedicated open space held in common ownership.

a.

Designated primary and secondary conservation areas (the open space) shall be set aside as common land for low impact recreation, conservation, agricultural uses, or preserved in a natural state.

b.

Designated open space shall be set aside by the developer by an irrevocable conveyance that is found acceptable to the Zoning Commission (Planning Commission), such as:

1.

Recorded deed restrictions,

2.

Covenants that run perpetually with the land,

3.

A conservation easement established pursuant to the State of Michigan Conservation and Historic Preservation Act, public Act 197 of 1980, as amended, or

4.

Conservation land trusts.

c.

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

1.

Indicate the allowable uses of the dedicated open space;

2.

Require that the dedicated open space be maintained by parties who have an ownership interest in the open space;

3.

Provide standards for the scheduled maintenance of the open space; and

4.

Provide for maintenance to be undertaken by the township in the event that the dedicated open space is inadequately maintained, if it is determined by the township to be a public nuisance, with the assessment of costs upon the property owners.

(5)

Open space determination. Open space shall be comprised of primary and secondary conservation areas. Primary conservation areas are predetermined by the location of unbuildable land, such as wetlands. Secondary conservation areas shall be based on natural features and open space or agricultural and recreational elements of the project site plan.

a.

Deducting the primary conservation areas from the gross parcel area yields the adjusted parcel area. A minimum of 50 percent of the adjusted parcel area shall be designated as secondary conservation area, as defined and explained below.

b.

Secondary conservation areas shall provide an upland buffer of natural native species of at least 100 feet or greater as required by law and when adjacent to wetlands and surface waters, including ponds and natural drainageways.

c.

Where open space is held in noncontiguous parcels, no open space shall consist of less than two acres, or have a length-to-width ratio of greater than 4:1. Exceptions to this requirement shall include areas specifically designated as trail links, wetland and water body buffers, active recreational facilities or formal community spaces such as village greens.

(6)

Areas not considered to be open space. The following activities or land uses may not be counted as part of the designated open space:

a.

Rights-of-way.

b.

Land devoted to a residential unit, accessory use, vehicle access, parking, and approved land improvements, including setbacks and lawns.

c.

Wetlands.

(7)

Allowable structures. Any structure(s) or building(s) accessory to a recreation, conservation, or agricultural use may be erected within the dedicated open space, subject to the approved site plan. These accessory structure(s) or building(s) shall not exceed, in the aggregate, one percent of the required open space.

(8)

Other permitted uses. Open space may be used for the following other purposes:

a.

Underground drainage fields for individual or community septic systems as approved by the Van Buren County Health Department. Mound systems and aerated sewage treatment ponds shall occupy no more than ten percent of the secondary conservation area open space.

b.

Stormwater management/detention ponds may be included and/or constructed in the secondary conservation area open space.

F.

Density determination. Permitted project density shall be determined based on the submittal of a yield plan.

(1)

Yield plan. The yield plan shall depict a conventional lot and road layout that conforms to the applicable local requirements, including the zoning district in which it is located. Lots must be sized based on soil suitability to accommodate individual septic systems, if municipal sewer is not available. Primary conservation areas (see definitions section) shall be depicted on the yield plan and excluded from the layout of conventional lots. Land occupied by permanent easements that restrict construction, such as utility transmission, road access, and drainage, shall also be excluded from the buildable area. The maximum number of permitted dwelling units shall be based upon the number of conventional units depicted on the yield plan.

(2)

Incentive bonuses. To encourage use of open space community project provisions in development, the Zoning Commission (Planning Commission) shall have the option of awarding increases in dwelling density of up to 20 percent when the developer compensates for the increased density by employing exceptional site planning and landscape design, and/or preserving substantial areas or natural assets and satisfies to a extraordinarily high degree the review criteria listed below.

a.

Design. A density increase bonus of up to ten percent may be awarded when design factors make a substantial contribution to the review criteria and objectives described in this ordinance. Factors to be considered include architectural styles, harmonious use of materials, varied housing types, parking areas broken by landscape features, circulation pattern, variation in building set backs and building groups (clusters), pedestrian way treatments, landscaping and recreational areas, single-loaded streets, boulevards, roundabouts, village greens, and harmony with adjacent agricultural or other neighboring open space.

b.

Preserving open and natural areas. A density bonus increase of up to ten percent may be awarded when the provision of open space and the preservation of natural areas make a substantial contribution toward meeting the review criteria and objectives described in this ordinance. Factors to be considered include preservation of open space, preservation of natural assets such as wooded areas, buffer areas for lakes, streams, wetlands and other water courses, lot layout and street design giving a majority of lots frontage and ingress/egress on single-loaded streets.

c.

Rounding. When a bonus percentage increase is awarded, any fraction of a dwelling unit above 25 percent will be rounded to the next whole number.

G.

Layout of lots and streets.

(1)

Minimum lot areas and widths. The Zoning Commission (Planning Commission) shall determine the approved areas and widths of lots as proposed by the developer in the preliminary plan prepared in accordance with the requirements described below, and the degree to which the review criteria described below are met.

(2)

Lot layout. Residential lots shall be designed around both the primary and secondary conservation areas and may adjoin those areas.

a.

Dwelling units should generally not be located closer than 100 feet to a primary conservation area or 50 feet to a secondary conservation area.

b.

The designated footprint may be changed by no more than 50 feet in any direction without requiring any additional review or approval.

(3)

Street layout. The open space community shall be served by an interior street system with direct assess to an exterior road system. No use within the project shall front or gain direct access from an off site road network. The nearest edge of any entrance or exit drive shall be located no closer than 200 feet from any existing street or road intersection (as measured from the nearest intersection right-of-way line). The street layout should minimize the number of cul-de-sacs. Where required, cul-de-sacs shall be designed to permit access by emergency vehicles and with a central island planted with native trees and shrubs.

(4)

Accessibility. All interior streets shall have sufficient widths, gradients and curvatures to provide access for emergency vehicles and moving vans.

(5)

Paving and width requirements. The interior street system shall be designed to the county specifications applicable at the time of construction. The county must provide a conditional acceptance of the streets before approval of the site plan will be granted. In the event that the county determines that it will not accept such streets, or at the request of the Zoning Commission (Planning Commission), private roads may be utilized for the interior street system within the open space community development and must be constructed to conform with the requirements of Porter Township Ordinance Number 27, if the following findings are made by the Zoning Commission (Planning Commission):

a.

A deed restriction is placed on the property site that perpetually vests fee simple of the land area in the parties adjoining the roads.

b.

A maintenance plan, including a means of guaranteeing maintenance assessments from the affected property owners, is reviewed and approved by the Zoning Commission (Planning Commission).

(6)

Parking. Each dwelling unit shall be provided with parking space adequate for at least four automobiles in addition to any garage space.

H.

Utilities, drainage and screenage.

(1)

Utilities. Public water and sanitary sewer services may be required where facilities are reasonably available and/or where densities require. Regardless, open space community projects shall be designed to provide for future public sanitary sewer facilities. All utilities, including electric power, gas, telephone, and cable television shall be placed underground.

Private sewer facilities may be permitted subject to review and approval of the Van Buren County Health Department.

(2)

Stormwater management. Stormwater management systems and drainage facilities shall be designed to minimize potential soil erosion and adverse impact on existing streams, lakes, and wetland, and for the protection of the groundwater.

(3)

Screening. Screening may be required along the development perimeters if deemed necessary by the Zoning Commission (Planning Commission) to minimize any adverse effects upon or from adjoining properties that are not part of the open space community development project. Screening shall be accomplished by the siting of land uses, by maximizing the use of existing natural screens, and/or providing new natural screens and/or open space buffers where appropriate.

I.

Review criteria. In considering an application for approval of an open space community, the Zoning Commission (Planning Commission) shall make its determination on the basis of the criteria set forth in the preceding sections, as well as the following standards and criteria:

(1)

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

(2)

The proposed open space community development shall be serviced by the necessary public facilities to assure the public health, safety, and welfare of the users of the open space community and the residents in the surrounding area.

(3)

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

(4)

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

(5)

The proposed open space community shall be designed and constructed so as to preserve the integrity of existing on- and off-site sensitive and natural environments, including wetlands, woodlands, hillsides, waterbodies, and groundwater resources and minimize conflicts between residential and agricultural uses.

(6)

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

(7)

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

(8)

The proposed open space community shall leave scenic views and vistas unblocked or uninterrupted, particularly as seen from public road rights-of-way.

(9)

The proposed open space community shall provide open space that is reasonably contiguous and configured.

J.

Application and approval process procedures.

(1)

Application requirements. Procedures for the application processing, review and approval for an open space community development are generally the same as for the site plan review as outlined in special use and site plan requirements of township ordinances.

(2)

Effect of approval. After a site plan has been approved and construction of any part thereof commenced, no other type of development will be permitted on the site without further approval thereof by the Zoning Commission (Planning Commission) after proceedings conducted as in the original application.

(3)

Conformity to approved plan. Property that is the subject of approval for an open space community development must be developed in strict compliance with the approved site plan and any amendments thereto which have received Zoning Commission (Planning Commission) approval. If construction and development does not conform with the same, the approvals thereof shall forthwith be revoked by the township by written notice of such revocation posted upon the premises involved and mailed to the developer at his last known address. Upon revocation of such approval, all further construction activities shall cease upon the site other than for the purpose of correcting the violation(s).

(4)

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

(5)

Project phasing. When the proposed construction is to be phased, the project shall be designed in a manner that allows each phase to fully function on its own regarding services, utilities, circulation, facilities and open space. Each phase shall contain the necessary components to insure protection of natural resources and the health safety and welfare of the users of the open space community and the residents in the surrounding area. Each phase of the project shall be commenced within 12 months of the scheduled set forth on the approved site plan. If the construction of any phase is not commenced within the approved time period, plan approval shall become null and void.

(6)

Performance bond. The Zoning Commission (Planning Commission) may require that a performance bond or irrevocable letter of credit be deposited with the township to insure completion of the open space community in accordance with the approved plans.

(7)

Recording of action. No building permit shall be issued for the development and no construction activity commenced within the open space community until an affidavit containing a full legal description of the open space community, specifying the date of the final Zoning Commission (Planning Commission) approval, and declaring that all improvements will be carried out in accordance with the approved open space community site plan, unless an amendment is approved by the Zoning Commission (Planning Commission), is recorded with the Register of Deeds for Van Buren County. In addition, all required public dedications for streets, utility easements or other public facilities, and deed restrictions shall be duly filed with the township and shall have been recorded with the Register of Deeds for Van Buren County.

(8)

Initiation of construction. If construction has not commenced within 12 months of final approval, all township approvals become null and void. The applicant may apply in writing to the Zoning Commission (Planning Commission) for an extension, not to exceed 12 months. A maximum of two extensions may be allowed.

K.

Application guidelines.

(1)

Approval process. The following approval process shall apply to an open space community application:

a.

Optional preapplication review(s). Informal preapplication review(s) is encouraged and may be scheduled with the Zoning Commission (Planning Commission) at which time the project concept may be reviewed by the applicant, township staff and township consultants.

b.

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

c.

Site plan review. Following preliminary plan review, an open space community shall undergo a final review by the Zoning Commission (Planning Commission). The detailed site plan shall conform to the approved preliminary plan and incorporate any revisions or recommendations made by the Zoning Commission (Planning Commission) at the preliminary plan review. If a detailed site plan is not submitted for review within six months of preliminary plan approval, the Zoning Commission (Planning Commission) may require a resubmission of the preliminary plan for further review and possible revision. Site plan review shall be subject to all appropriate sections of the zoning ordinance. The Zoning Commission (Planning Commission) shall hold a public hearing on an open space community application.

(2)

Optional preapplication review(s). The applicant may present the following information on the proposed open space community for a preapplication review with the township Zoning Commission (Planning Commission) and applicable township consultants:

a.

An accurate legal description of the development site and zoned land use;

b.

The names and addresses of all current owners of the development site;

c.

The names and addresses of the developer and plan for unified control;

d.

The total acreage (gross parcel area);

e.

The number of acres ineligible for density computation (primary conservation area);

f.

A yield plan showing the primary conservation area(s), adjusted parcel area, and conventional layout for density determination;

g.

The number of acres to be preserved as open space (primary and secondary conservation areas);

h.

Sketch plan of the proposed layout of lots and streets;

i.

Plans for utilities, drainage and screening;

j.

Plan for guarantee of open space; and

k.

Basis for a request, if any, for an incentive bonus.

(3)

Preliminary plan review requirements. Engineering details of preliminary plans are not required to be developed beyond a level of detail required to determine the feasibility of the proposed layout. The preliminary plan shall be a colored rendering of the site, drawn to a scale of one to 40 feet and showing a north arrow, and shall provide the following information:

a.

The name, address and telephone number of:

1.

All persons with an ownership interest in the land on which the open space community will be located together with a description of the nature of each entity's interest.

2.

All engineers, attorneys, architects or registered land surveyors participating in design and development of the open space community.

3.

The developer or proprietor of the open space community.

4.

Any person(s) authorized to represent the owner in the review process.

b.

An accurate legal description of the open space community, including tax identification numbers.

c.

Boundaries and acreage of the open space community, including the gross parcel area and primary and secondary conservation areas;

d.

The proposed streets, driveways, loading spaces and inside radius of all curves; widths of streets and driveways and the total number, location and layout of parking spaces.

e.

The lot layout with lot sizes and proposed residential dwellings. The site plan shall clearly indicate the number of buildings, building envelopes and orientation, and finished ground and basement elevations.

f.

Natural features such as woodlots, trees of more than one foot in diameter, streams, ponds, lakes and environmental features, and manmade features such as roads and structures, together with an indication of which features are to be retained and which are to be removed or altered.

g.

Proposed landscaping, including greenbelts, berms and/or screening.

h.

Proposed signage and exterior lighting.

i.

The size and location of all existing and proposed public and private utilities, including stormwater drainage, sewer treatment systems and water supply.

j.

The location of existing streets adjacent to the open space community with an indication of how they will connect with the interior street system for the proposed development.

k.

Existing and proposed topography, drainage systems and structures, with contour intervals of not more than two feet; provided that this may be waived at the discretion of the zoning administrator.

l.

The following additional information shall be included as an integral part of the site plan, but may be either presented on the site plan or attached:

1.

A general description of existing soil conditions per the Van Buren County Soil Survey Map.

2.

A general location map showing the existing zoning designations, uses and ownerships of the open space community and all land within one-quarter mile.

3.

The topography of the site and its relationship to adjoining land;

4.

Maps and written description of the significant natural, cultural and geographic features of and near the site. The analysis must include:

i.

Existing vegetation;

ii.

Topography;

iii.

Water bodies;

iv.

Streets, rights-of-way, easements;

v.

Existing structures.

5.

A detailed description of the basis for the determination of the primary conservation area boundaries.

6.

A yield plan showing the primary conservation area(s), adjusted parcel area (with acreage), and conventional layout for density determination.

7.

A description of any incentive bonus requested and the basis for the request.

8.

A specific time schedule of the intended development and construction details, including proposed phasing or timing of all improvements.

9.

An analysis of vehicular traffic impact of the proposed open space community on the existing road network.

10.

Documents or plan for showing unified control.

11.

Documents or plan for showing guarantee of open space, including allowable uses of dedicated open space, a requirement that the dedicated open space be maintained by parties having ownership interest, a schedule of maintenance of the dedicated open space, and a provision for the maintenance to be undertaken by the township in the event that it is determined by the township to be a public nuisance, with the assessment of the costs upon the property owners.

12.

A narrative describing how the open space community is supported by the township's master land use plan, the capacity and availability of necessary public facilities to the development, and the impact the development will have on adjoining properties.

13.

An Open Space Community Development Site Plan Checklist prepared by the township (as amended from time to time) shall be used as a tool by the applicant and township board.

(4)

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

a.

An update of the approved preliminary plan.

b.

A guarantee of open space, including easements, deed restrictions, and other documents pertaining to the open space system and park/recreation areas;

c.

Documents showing unified control.

d.

Conditional acceptance of streets by the county or other assurances required by the Zoning Commission (Planning Commission) with regard to interior streets.

e.

If condominium ownership is proposed, all documentation required by the condominium regulations of the township and state.

f.

Engineering plans presented in sufficient detail to indicate compliance with the engineering standards adopted by the township, including the cross sections of proposed streets, drive aisles, paved areas, and on-site drainage, including retention and/or detention areas.

(Amend. eff. May 9, 2012)

A.

Purpose: It is the purpose of this section to provide regulations controlling the placement, design, modification and construction of communication towers including their accessory uses.

B.

Definition: "Communication tower" - A radio, cellular phone or television relay structure of skeleton frame work, or monopole attached directly to the ground or other structure utilized for the transmission or reception of radio, cellular telephone, television, microwave or any other form of telecommunication signals. Not included in this definition are: citizen band radio facilities, ham and amateur radio facilities, residential television reception antenna/satellite dishes.

C.

Regulations: The following regulations shall govern the placement, design, modification and construction of commercial communication towers including their accessory uses.

Special Use Permit. Communication towers are permitted with the approval of a Special Use Permit by the Planning Commission. Most times being in other than residential or recreation zoned areas. Communication facilities which are proposed to attach to existing, pre-approved communication towers shall be approved by the Building Inspector if they meet all the conditions established by the original Special Use Permit.

Site Plan Standards to be reviewed by Planning Commission:

1.

The tower must be set back from all property lines a distance equal to its height, unless engineering plans and specifications have been verified by the Building Inspector that the structural integrity of the tower will withstand high winds, and the likelihood of tower failure is minimal. The applicant shall incur all cost associated with such review.

2.

Accessory structures are limited to uses associated with the operation of the tower and may not be located any closer than thirty (30) feet from the tower. Nothing shall prevent the applicant from applying to the Board of Appeals for a setback variance.

3.

Accessory structures shall not exceed six hundred (600) square feet of gross building area.

4.

All bufferyard requirements within zoning ordinance shall be met.

5.

All towers shall be equipped with an anti-climbing device to prevent unauthorized access.

6.

The plans for the tower shall be certified by a registered structural engineer.

7.

All towers must meet the standards of the Federal Communications Commission and the Federal Aviation Administration.

8.

Communication towers in excess of 100 feet in height above grade level shall be prohibited within a two-mile radius of a public airport or ½-mile radius of a helipad or private landing strip.

9.

In no case shall a tower or supporting structure be located within thirty (30) feet of a property line.

10.

All signals and remote control conductors of low energy extending substantially horizontally above ground between a tower or antenna and a structure or between towers, shall be at least eight (8) feet above the ground at all points, unless buried underground.

11.

Towers shall be located so there is room for vehicles doing maintenance to maneuver on the property owned and/or leased by the applicant.

12.

Towers shall be located so that they do not interfere with reception in nearby residential areas.

13.

The base of the tower shall occupy no more than five hundred (500) square feet.

14.

Minimum spacing between tower locations shall be two (2) miles in order to prevent a concentration of towers in one area.

15.

Maximum height of a communication tower shall be two hundred (200) feet.

16.

Towers shall not be artificially lighted unless required by Federal Aviation Administration.

17.

There shall be no employees located on the site on a permanent basis to service or maintain the antenna.

18.

All parking and drive areas must be of gravel or better construction.

19.

The tower shall be removed by the property owner or lessee within three (3) months of being abandoned.

20.

When any communications tower is determined to be unsafe or is unlawfully erected or maintained and is found to be in violation of this amendment, the use of the tower shall be discontinued until all violations are corrected or it shall be removed. The property owner or lessee shall be responsible for any cost incurred.

21.

Antennae and metal towers shall be grounded for protection against a direct strike by lightning and shall comply as to electrical wiring and connections with all applicable local statutes.

22.

Towers in existence at the time of passage of this ordinance amendment [June 9, 1999] need not comply with the provisions herein unless they shall be reconstructed or replaced.

23.

At the discretion of the Township, all towers may be required to have a 5-foot fence surrounding the tower.

REMOVAL AGREEMENT

This Removal Agreement ("Agreement") is made this ___ day of ________, 20___, between ___________ ("_______ ") and Porter Township, Van Buren County, Michigan, a Michigan municipal corporation (the "Municipality").

WHEREAS, ___________ desires to construct and operate a wireless communications facility, including, but not limited to, a wireless communication tower for the primary purpose of subleasing space to wireless communications providers (the "Site Compound"), and has entered into a ground lease agreement dated ________, 20___ with ___________ ("Lease") for the purpose of installing the Site Compound in the Township of Porter, County of Van Buren, State of Michigan, including rights of ingress and egress for access and utilities. The land on which the Site Compound will be located is more particularly described in Exhibit A, which is attached hereto and incorporated herein by this reference (the "Property"); and

WHEREAS, the MUNICIPALITY has requested, as a condition of a Special Land Use permit the removal of the Site Compound and tower, at no expense to the MUNICIPALITY, at the end of the term of the Lease, including any renewal terms; and

WHEREAS, ___________ agrees to the condition of removal, and provides this Agreement to establish the promise to remove the Site Compound and tower in accordance with the Municipality's requirements.

NOW, THEREFORE, ___________ agrees to remove all equipment, above and below ground, and all appurtenances at the Site Compound and tower and to restore the Property to allow future unrestricted use in accordance with all laws, regulations, etc. The removal of equipment and restoration of the Site Compound and tower shall be completed within One Hundred Eighty (180) days after the expiration of the term of the Lease, including any renewal terms, or upon non-use of the tower, whichever comes first. If ___________ fails to restore the Site Compound, ___________ or its successor, shall be responsible for the payment of any reasonable cost incurred by the MUNICIPALITY in securing the restoration of the Site Compound (the "Costs for Removal"); provided, however, that before the MUNICIPALITY restores the Site Compound the MUNICIPALITY shall provide ___________, and/or its successor, ninety (90) days prior written notice of ___________, and/or its successor's, default hereunder.

___________ further agrees to deposit with the MUNICIPALITY a bond in the amount of Ten Thousand and 00/100 ($10,000), for the sole purpose of assuring payment of such Costs for Removal and Restoration, in the event of a default of this obligation by ___________. In the event ___________, its successor, heirs and assigns, fails to effect such payment to the MUNICIPALITY to cover the Costs for Removal, as provided herein, the MUNICIPALITY shall provide ___________ written notice of such failure, together with sufficient documentation of the amount that is due (the "Late Notice"). If the MUNICIPALITY has not received payment within thirty (30) days after the date of the Late Notice, the MUNICIPALITY may use the above sum upon written notice to ___________. Any excess monies on deposit with the MUNICIPALITY shall promptly be refunded to ___________.

This Agreement shall be governed by the laws of the State of Michigan and shall be binding upon ___________ successors, heirs, and assigns.

The parties hereto acknowledge that the MUNICIPALITY'S approval of ___________ Special Use Permit shall be considered good and adequate consideration for this Agreement, in addition to any and all other valuable consideration.

Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt requested, or reliable overnight courier to the address of the respective parties set forth below:

___________

___________

___________

With a copy to: MUNICIPALITY, Nathan Bitely, Supervisor
Porter Township
P.O. Box 817
Lawton, MI 49065

With a copy to: Harold Schuitmaker
Schuitmaker, Cooper & Schuitmaker, P.C.
P.O. Box 520
181 West Michigan Avenue, Suite 1
Paw Paw, MI 49079-0529

The MUNICIPALITY and ___________, and/or its successors, heirs and assigns, may from time to time designate any other address for this purpose by written notice to the other party. All notices hereunder shall be deemed received upon actual receipt.

IN WITNESS WHEREOF ___________ and the MUNICIPALITY have executed this agreement the day and year first written above.

Witnesses:

___________
a ___________

By:___________

Its:___________

MUNICIPALITY:

Porter Township, Van Buren County,
Michigan, a Michigan municipal corporation

By:___________

  Nathan Bitely

Its: Supervisor

(Amend. eff. July 9, 1999; amend. eff. Apr. 10, 2002)

A.

Statement of purpose. The intent of this section is to regulate the type, number, physical dimensions, erection, placement and maintenance of signs in the Township. The purpose of the limitations, regulations, and standards established herein is to:

— Promote the public peace, health, and safety of residents and visitors;

— Protect the natural beauty and distinctive character of Porter Township;

— Protect commercial districts from visual chaos and clutter;

— Provide an environment which fosters growth and development of business, while protecting and promoting the rural and agricultural nature of the Township;

—Protect property values;

—Eliminate distractions which are hazardous to motorists and pedestrians;

—Protect the public's ability to identify establishments and premises;

—Protect the public's interest in public buildings, streets, roads and highways and open spaces; and

—Balance the individual rights of property owners to communicate their message with the public's right to be free of unreasonable distractions and aesthetic intrusions.

B.

Scope. Except as otherwise expressly provided herein, this section shall not relate to building design. Nor shall the section regulate official traffic or government signs; the content of signs; scoreboards at athletic fields; gravestones; barber poles under three feet in height; religious symbols; commemorative plaques; the display of street numbers or names; or any display structure or construction not defined herein as a sign.

C.

General provisions. It shall be unlawful for any person to erect, place, or establish a sign in Porter Township except in accordance with the provisions of this section.

D.

Definitions. For the purpose of this section the following words or phrases are defined as follows:

Abandoned sign. A sign which no longer identifies or advertises a currently operating business, lessee, service, owner, product, or activity, and/or for which no legal owner can be found.

Advertising display area. The advertising display surface area (copy area) encompassed within any regular geometric figure which would enclose all or part of the sign. The structural supports for a sign, whether they be columns, pylons, or a building, or a part thereof, shall not be included in the advertising area.

Animated sign. A sign which uses movement or change of lighting to depict action or to create a special effect or scene. (Compare with "flashing sign".)

Awning. A shelter projecting from and supported by the exterior wall of a building constructed of nonrigid materials on a supporting framework. (Compare with "marquee".)

Awning/canopy sign. Letters, numerals or other drawings painted on, printed on, or attached flat against the surface of an awning/canopy.

Balloon sign. An air- or gas-filled sign, excluding 17-inch or smaller latex balloons where only one may be tied to an item with a display height not greater than five feet above that to which said balloon is attached which may not include utility or light poles.

Banner sign. A sign intended to be hung either with or without frames, possessing characters, letters, illustrations, or ornamentation applied to paper, plastic, or fabric of any kind. (Compare with "snipe sign".) Flags that do not contain any advertising copy shall not be considered banner signs for purposes of this section.

Bench sign. A sign located on any part of the surface of a bench or seat visible from an adjacent property or right-of-way.

Billboard. A sign which advertises an establishment, service, merchandise, use, entertainment, activity, product or message which is not conducted, sold, produced, manufactured or furnished upon the lot, building site or parcel where the sign is located.

Changeable copy sign. A sign upon which a display or message, other than display of the current time and/or temperature, can be changed not more than once a day by physical replacement or electronic change of the display or message.

Clearance (of a sign). The smallest vertical distance between the grade of the adjacent street or street curb and the lowest point of any sign, including framework and embellishments, extending over that grade.

Commercial center identification sign. A sign identifying or recognizing a commercial center.

Commercial sign. Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.

Construction sign. A sign which displays the name or names of principal contractors, architects and lending institutions and/or others responsible for the construction on the site where the sign is placed.

Copy. The wording on a sign surface in either permanent or removable letter form.

Development/building identification sign. A sign which identifies a development or building by its recognized name, not including a product or service.

Directional sign. A sign providing directions for vehicular or pedestrian circulation into, within or out of a development. Said sign shall not contain advertising display copy other than the names of on-site establishments and only for purposes of indicating direction thereto. Directional signs shall be located on the lot, building site or parcel where the sign(s) is located.

Directory sign. A sign which displays the names and locations of occupants or the use of a building.

Face of sign. The area of a sign on which the copy or display is placed.

Festoons. A string of ribbons, tinsel, flags, pennants or pinwheels.

Flag. Any fabric, banner, or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision or other entity.

Flashing sign. A sign which contains an intermittent or sequential flashing light source used to attract attention. This does not include changeable copy signs, animated signs, as defined in this Section, or signs which through reflection or other means, create an illusion of flashing of intermittent light. (Compare with "animated sign" and "changeable copy sign".)

Freestanding sign. A sign structurally separated from a building.

Government sign. A public sign erected and maintained by Porter Township, the county, state, or federal government.

Ground-mounted sign. A sign which extends from the ground or that has a support placing the bottom thereof less than two feet from the ground. (Compare with "pole sign".)

Height (of a sign or flag pole). The vertical distance measured from the highest point of the sign or flag pole, including any decorative embellishments, to the grade of the adjacent street or the existing surface grade beneath the sign, whichever ground elevation is lower (less). (Compare with "clearance".)

Illuminated sign. A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.

Incidental sign. A sign, emblem, or decal informing the public of the goods, facilities, or services available on the premises, whose purpose is secondary to the use of the lot, building site or parcel. No sign with a commercial message legible from a position off the lot, building site or parcel on which the sign is located shall be considered incidental.

Maintenance. The cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic copy, design, or structure of the sign.

Mansard. A sloped roof or roof-like facade architecturally comparable to a building wall.

Marquee. A permanent roof-like structure or canopy of rigid materials supported by and extending from the facade of a building. (Compare with "awning".)

Marquee sign. A sign attached to or supported by a marquee structure.

Nameplate. A nonelectric on-premises sign giving only the name, address and/or occupation of an occupant or group of occupants.

Noncommercial sign. A sign not advertising an establishment, product, good or service. (Compare with "political sign".)

Off-premises sign. Another word for a billboard.

On-premises sign. A sign which pertains to the use of the premises on which it is located.

Painted wall sign. A sign which is applied with paint or similar substance on the face of a wall.

Parapet. The extension of a false front or wall above a roofline.

Pennant. Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.

Permanent sign. A sign which is permanently affixed on or in the ground or to a building and meets the requirements of a structure under the building code.

Pole sign. A sign with all parts of the display sign area at a height of eight feet or more, excluding the necessary supports, uprights or braces. (Compare with "ground-mounted sign".)

Political sign. A sign relating to a candidate for public office or a position on an issue. (Compare with "noncommercial sign".)

Portable sign. A reusable and movable sign not permanently affixed in the ground, or to a structure or building.

Real estate sign. A sign advertising the real estate upon which the sign is located for the purpose of offering the property for sale, lease or rent.

Roof sign. A sign erected or constructed wholly upon or over the roof of a building and supported on the roof structure.

Rotating sign. A sign in which the sign itself or any portion of the sign moves in a revolving or similar manner. Such motion does not refer to methods of changing copy.

Sign. A device, structure, painting, fixture, or placard using color, graphics, symbols, and/or written copy designed specifically for the purpose of advertising or identifying any event, establishment, product, good, service or displaying or depicting other information.

Sign area. The area shall be measured within a single, continuous perimeter composed of any straight line geometric figure which encloses the extreme limits of the advertising message, together with any frame or other material or color forming an integral part of the display, message, drawing or similar device, or used to differentiate same from the background against which it is placed, excluding the necessary supports, braces or uprights of the sign which combined areas per side may not exceed 30 percent of the permitted square footage of the sign.

For signs utilizing LED (light-emitting diode), up to 25 percent of the permitted sign area may be used for changeable copy or to electronically display the current time and/or temperature.

Where a sign has two or more faces, the area of all faces shall be included in determining the area of a sign, except that where two faces are placed back to back and are at no point more than two feet from one another, the area of the sign shall be deemed to be only the area of one face, or if faces are of different sizes, the area of the larger face.

Pole covers and other embellishments shall not be included in the area of measurement if they do not bear advertising copy or colors, patterns, logos that are a trademark or reasonably recognizable identification for the establishment and/or sign owner subject to the above provisions.

Snipe sign. A sign that is attached to a utility pole, tree, fence, or any object located or situated on public or private property. (Compare with "banner sign".) Flags that do not contain any advertising copy placed on light or utility poles shall not be considered snipe signs for purposes of this section.

Special event sign. A banner, portable sign, or balloon sign, not exceeding a height of 20 feet when fully inflated, depicting a special event, such as a grand opening, going-out-of-business sale, semiannual sale at a commercial establishment or a special event at a permitted nonresidential use in the residential zoning districts. Balloon signs shall be securely anchored to and placed directly upon the ground and fully inflated at all times.

Subdivision identification sign. A sign identifying or recognizing a platted subdivision, condominium complex, industrial, commercial, or residential development.

Under-canopy sign. A sign suspended beneath a canopy, ceiling, roof, or marquee.

Vehicle sign. A sign painted on, incorporated in, or attached directly to any mode of transportation, including but not limited to automobiles, trucks, boats, busses, airplanes, and trailers.

Wall sign. A sign including painted, individual letter, and cabinet signs, which are attached parallel to and extending not more than 15 inches from the wall of a building.

Window sign. A sign placed inside or upon a window facing the outside which is intended to be seen from the right-of-way or the outdoors.

E.

Signs prohibited. The following types of signs are prohibited in all zoning districts:

(1)

Abandoned signs.

(2)

Balloon signs, except as expressly permitted by this section.

(3)

Animated signs.

(4)

Banner signs, except as expressly permitted by this Section.

(5)

Bench signs.

(6)

Festoons.

(7)

Pennants.

(8)

Portable signs, except as expressly permitted by this section.

(9)

Rotating signs.

(10)

Signs imitating or resembling official traffic or government signs or signals.

(11)

Snipe signs.

(12)

Vehicle signs not used during the normal course of business which are parked or located for the primary purpose of displaying the advertising copy.

(13)

Roof signs.

(14)

Special event signs, except as expressly permitted by this section.

F.

Signs permitted in all zoning districts. The following signs are allowed in all zones:

(1)

Incidental signs.

(2)

One construction sign for each public street frontage of a construction project, not to exceed 32 square feet in sign area. Such signs may be erected 30 days prior to beginning of construction and shall be removed 30 days following issuance of the final certificate of occupancy for the premises.

(3)

One nonilluminated real estate sign per lot, building site or parcel, not to exceed six square feet in sign area. On a lot, building site or parcel which is not agriculturally or residentially zoned, a real estate sign may not exceed a sign area of 16 square feet.

In addition, one directional sign located in the general vicinity of the lot, building site or parcel; directing the public to the lot, building site, or parcel for sale as long as permission from the land owner has been given. In no event shall either sign be located on the road, highway or street right-of way.

(4)

Noncommercial signs not to exceed 16 square feet in sign area. Noncommercial signs may be placed only on private property and only with the permission of the property owner.

(5)

Political signs may be placed only on private property and only with the permission of the property owner. Signs relating to an election or referendum shall be removed five days following such election or referendum.

(6)

Banners, seasonal and decorative in nature and theme that do not advertise a product, service or business and which pertain to holidays and/or community-wide or governmental events.

G.

Agricultural and residential land uses. In all agricultural and residential uses, the requirements of schedule A shall govern the use, area, type, height and number [of signs], in addition to the requirements elsewhere in this ordinance.

SCHEDULE A—AGRICULTURE AND RESIDENTIAL LAND USES

H.

Agricultural and residential uses; additional permitted items. All Agricultural and Residential uses shall also be permitted the following:

(1)

Flags.

(2)

One special event sign, not to exceed 32 square feet, shall be permitted for up to seven calendar days per year per lot, building site or parcel. A sign permit must be obtained prior to displaying a special event sign.

I.

Commercial and office land uses. In all commercial and office uses the requirements of Schedule B shall govern sign use, area, type, height and numbers in addition to requirements elsewhere in this ordinance.

SCHEDULE B—COMMERCIAL AND OFFICE LAND USES

1.

Wall length shall be measured in a straight line from the two farthest points on the subject side of the building regardless of any protrusions between said points which shall not be considered a separate wall(s).

2.

Lots, parcels, and building sites with frontage on more than one street may have one sign on each street frontage with one sign permitted a maximum sign area of 60 square feet and any additional signs limited to 30 square feet each.

3.

More than one wall sign may be placed upon the same wall provided the combined square footage does not exceed the maximum display area permitted and/or the maximum number allowed.

J.

Commercial and office uses; additional permitted items. All Commercial and Office uses shall also be permitted the following:

(1)

Flags. A lot, building site or parcel shall be limited to three flags. For lots, building sites and parcels with public street frontage in excess of 200 feet, three additional flags are permitted for every additional 200 feet of continuous public street frontage. Flag pole height may not exceed 60 feet. Maximum flag size shall be 15 feet × 25 feet.

(2)

One directory wall sign per building, not to exceed 20 square feet in total sign area.

(3)

One special event sign, not to exceed 32 square feet except as expressly permitted herein, shall be permitted for up to 14 calendar days per year per lot, building site or parcel. A sign permit must be obtained prior to displaying a special event sign.

(4)

Directional signs up to two square feet in area and four feet in height. Each lot, building site, parcel, commercial center, or development shall not have more than one directional sign per street entrance.

K.

Industrial land uses. In all industrial uses the requirements of schedule C shall govern sign use, area, type, height and numbers in addition to requirements elsewhere in this ordinance.

SCHEDULE C—INDUSTRIAL LAND USES

L.

Industrial uses; additional permitted items. All industrial uses shall also be permitted the following:

(a)

Flags. A lot, building site or parcel shall be limited to three flags. For lots, building sites and parcels with public street frontage in excess of 200 feet, three additional flags are permitted for every additional 200 feet of continuous public street frontage. Flag pole height may not exceed 60 feet. Maximum flag size shall be 15 feet × 25 feet.

(b)

One directory wall sign per building, not to exceed 20 square feet in total sign area.

(c)

One special event sign, not to exceed 32 square feet, except as expressly permitted herein, shall be permitted for up to seven calendar days per year per lot, building site or parcel. A Sign Permit must be obtained prior to displaying a special event sign.

(d)

Directional signs up to two square feet in area and a height of four feet. Each lot, building site, parcel, or development shall not have more than one directional sign per street entrance.

M.

Permits required and conditions. Unless otherwise provided by this section, all signs shall require permits and payment of fees. No sign shall be installed or utilized until and unless a permit has been issued by the township. No permit is required for the maintenance of a sign.

A permit issued pursuant to this section becomes null and void if work is not commenced within 180 days of issuance. If work authorized by the permit is suspended or abandoned for more than 180 days, the permit must be renewed with an additional payment of one-half the original fee.

N.

Signs not requiring permits. The following types of signs are exempted from permit requirements but must be in conformance with all other requirements of this section:

(1)

Construction signs of six square feet or less.

(2)

On-premises directional signs of two square feet or less.

(3)

Seasonal decorations.

(4)

Noncommercial signs, including political signs.

(5)

Government signs or notices, or any sign relating to an emergency.

(6)

Real estate signs of six square feet or less.

(7)

Incidental signs, provided such signs do not occupy more than six (6) square feet of advertising display area.

(8)

Flags.

O.

Maintenance. All signs, flags, and flag poles shall be properly maintained. Exposed surfaces shall be clean and painted, if paint is required. Defective or damaged parts shall be removed or replaced. Signs not properly maintained shall be considered blight and dealt with as such.

P.

Lighting. Unless otherwise specified by this section, all signs may be illuminated.

(1)

No sign regulated by this Section may utilize:

a.

An exposed incandescent lamp * with an external reflector and without a screen or comparable diffusion device.

b.

Any exposed incandescent lamp * in excess of 160 watts unless a screen or shield is installed so that no light rays are emitted by the installed fixture beyond the advertising display area.

c.

Any revolving beacon light.

d.

Lights that could be confused with or construed as traffic control devices.

e.

Direct or reflected light that could create a traffic hazard to operators of motor vehicles.

(* For the purpose of this section, quartz lamps shall not be considered an incandescent light source.)

(2)

Metal halide lighting, fluorescent lighting and quartz lighting may be used for outdoor advertising signs but shall be installed in enclosed luminaries.

(3)

Glass tubes filled with neon, argon or krypton may be used provided they do not flash intermittently or create a visual effect of movement.

(4)

Lighting fixtures used to illuminate an outdoor advertising sign shall be mounted on the top of the sign structure whenever practical or mounted so that no light rays are emitted by the installed fixture at angles above the sign's highest horizontal plane or in any event beyond the advertising display area.

(5)

The operating of lighting fixtures on or in signs, with the exception of time and temperature displays, from midnight to sunrise is prohibited when the lot, building site or parcel upon which it is located abuts a residential zoning district, unless the premises is open for business.

(6)

No sign may be illuminated by flashing, rotating, oscillating or intermittent lighting.

(7)

Signs with an electronically changeable display shall not scroll, flash or change message more than once in a 24-hour period.

(8)

Signs electronically displaying the time and temperature may only alternate between the current time and temperature and not more than once every four seconds.

(9)

Signs utilizing LED displays may not be so bright as to be objectionable or inappropriate for the surroundings.

Q.

Required sign setbacks for all zoning districts. Required sign setbacks for all signs and structures supporting said sign shall be as follows:

(1)

No sign shall be placed in a location where it causes a hazard to vehicular or pedestrian traffic by depriving the driver or pedestrian of a clear and unobstructed view of approaching, intersecting or merging traffic. No sign may be located within the public right-of-way.

(2)

Development/building identification signs and subdivision identification signs may be placed in boulevard median strips if approved by the Van Buren County Road Commission and/or the township as part of an approved site plan.

(3)

All signs shall be set back a minimum of ten feet from any public right-of-way line and ten feet or the height of the sign, whichever is greater, from all other property lines, except as follows.

a.

Directional signs may be located adjacent to a lot line.

b.

Subdivision identification signs shall be located a minimum of 25 feet from the pavement of the adjacent roadway(s) and in any event, no closer than five feet to any lot line(s).

c.

Subdivision Identification signs, in agricultural and residential zoning districts, may be located at the front property line, outside the right-of-way and in any event, no closer than five feet to any other property line(s).

R.

Sign height and overhang.

(1)

Wall sign height shall be measured from the first-floor elevation of the building.

(2)

A wall sign shall not extend beyond the window sills of the floor above or the top of the wall to which it is attached.

(3)

A wall sign shall not project beyond the ends of the wall to which it is attached.

(4)

Walls signs may be affixed flat against the wall of a building or may project therefrom not more than 15 inches. Signs projecting over a walkway or path shall be at least 11 feet above the finished grade.

(5)

A sign shall not project into the public right-of-way of any adjacent street.

S.

Landscaping. The base treatment for a freestanding sign shall be landscaped and maintained. Such landscaping may be placed in stone, masonry or treated wood bases, containers or in the ground to achieve a pleasant aesthetic arrangement.

T.

Deviations. In obtaining a permit, the applicant may apply to the township for a deviation from certain requirements of this section. A deviation may be granted by the zoning board of appeals where the literal application of the section would create a hardship for the sign user and the following criteria are met:

(1)

The granting of the requested deviation would not be materially detrimental to the property owners in the vicinity.

(2)

The hardship created by a literal interpretation of the section is due to conditions unique to that lot, building site or parcel and does not apply generally to other properties in the township.

(3)

The granting of the deviation would not be contrary to the general purposes of this section or set an adverse precedent.

In granting a deviation, the zoning board of appeals may attach additional requirements necessary to carry out the spirit and purpose of this Section in the public interest.

U.

Resubmission of application for a deviation request.

(1)

No application for a deviation from the provisions of this section shall be submitted to the township or be formally considered by the township where such application has been previously denied or turned down by the township unless the township determines that either one year has passed since the prior application was denied or the new application or project is substantially changed from the prior one. In determining whether substantial changes have occurred, the Zoning board of appeals shall consider:

a.

Whether the application has been substantially modified from the earlier one;

b.

Whether external conditions or circumstances have changed significantly so as to warrant a reconsideration of the application;

c.

Whether new and material evidence has been discovered which would justify a reconsideration of the application or project and the failure to present such evidence at the first consideration was not the fault of the applicant.