Special land uses are uses considered to be more intense, or potentially more disruptive, compared to the various uses in a particular zoning district which are permitted by right. The uses classified as special land uses vary by district and are listed in the regulations of each zoning district. The procedures and standards set forth herein are intended to:

(1)

Accommodate uses which are needed and beneficial to the township but need to be carefully located due to their potential impacts;

(2)

Provide a consistent and uniform method for review of proposed special land uses;

(3)

Provide a mechanism for public input on decisions involving more intense land uses;

(4)

Ensure full compliance with the standards contained in this chapter and other applicable local ordinances, and state and federal laws;

(5)

Regulate the use of land operations and site design based on the characteristics of a particular use;

(6)

Achieve efficient use of the land;

(7)

Ensure impacts associated with a specific use can be accommodated within the environmental capacities of the impacted area;

(8)

Provide site design and operational standards to minimize any negative impact on adjoining or nearby properties;

(9)

Establish procedures for expansion or change in use of a special land use for both uses which have received special land use approval and those which existed prior to the adoption of special land use review procedures.

These provisions encourage cooperation and consultation between the township and the applicant to facilitate development in accordance with the township's land use objectives. An approved special land use shall be considered a conforming use permitted in the district at the specific site where it is located.

(Ord. No. 151, § 18.01, 6-13-2007)

The owner of an interest in land for which special land use approval is sought, or the designated agent of the owner, shall submit 15 copies of the following to the zoning administrator:

(1)

A complete application form supplied by the township;

(2)

Township review fee;

(3)

Written information describing the special land use;

(4)

A written description regarding compliance with the standards of section 38-579, pertaining to discretionary review criteria;

(5)

A complete site plan meeting the requirements of article II, division 3 of this chapter, pertaining to site plan review.

(Ord. No. 151, § 18.02, 6-13-2007)

The planning commission shall investigate the circumstances of each such case and give notice of the time and place of any hearing in accordance with section 38-46.

(Ord. No. 151, § 18.03, 6-13-2007)

The planning commission shall have sole power to approve or disapprove all special land uses, except for certain uses that require township board approval, as noted in section 38-582. If the plans meet the required standards of this chapter, article and applicable section and indicate no adverse effects, which, in the opinion of the planning commission, cause injury to the residents, users or adjoining property, or the township as a whole, the planning commission shall approve the use. In consideration of all applications for special land use approval, the planning commission shall review each case individually as to its applicability and must find affirmatively to each of the following standards of the proposed special land use if it is to be approved. Such uses shall be subject to conditions, restrictions and safeguards deemed necessary within the scope of the law as set forth in the following subsections:

(1)

The proposed special land use shall be compatible with and in accordance with the general principles and objectives of the township's master plan and shall promote the intent and purpose of this chapter.

(2)

The proposed special land use shall be of such location, size and character that it will be in harmony with the appropriate and orderly development of the surrounding neighborhood and/or vicinity and applicable regulations of the zoning district in which it is to be located.

(3)

The proposed special land use shall be of a nature that will make vehicular and pedestrian traffic no more hazardous than is normal for the district involved, taking into consideration vehicular turning movements in relation to routes of traffic flow, proximity and relationship to intersections, adequacy of sight distances, location and access of off-street parking and provisions for pedestrian traffic, with particular attention to minimizing child vehicle interfacing. The planning commission may require submittal of a traffic impact study to ensure compliance with this standard. Such a traffic study shall be in accordance with standard practices and procedures, and prepared by a qualified traffic professional. The township may require mitigation to maintain the preexisting traffic operations.

(4)

The proposed special land use shall not have an unacceptable significant adverse effect on the quality of the natural environment in comparison to the impacts associated with typical permitted uses. The planning commission may require a quantitative comparison of the impacts of typical permitted uses and the special use to assist in making this determination (such as an overlay of conceptual development plans, on a natural features map, illustrating other site development options to demonstrate the impacts have been minimized to the extent practical). If the cumulative impact creates or contributes to a significant environmental problem, mitigation shall be provided to alleviate the impacts associated with the requested use (i.e., ensure the end result is at least similar to the preexisting conditions).

(5)

The proposed special land use shall be designed as to the location, size, intensity, site layout and periods of operation of any such proposed use to eliminate any possible nuisance emanating therefrom which might be noxious to the occupants of any other nearby permitted uses, whether by reason of dust, noise, fumes, vibration, smoke or lights.

(6)

The proposed special land use shall not cause substantial injury to the value of other property in the neighborhood in which it is to be located and will not be detrimental to existing and/or other permitted land uses in the zoning district. The proposed use shall be such that the proposed location and height of walls, fences and landscaping will not interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value.

(7)

The proposed special land use shall relate harmoniously with the physical and economic aspects of adjacent land uses as regards prevailing shopping habits, convenience of access by prospective patrons, continuity of development, and need for particular services and facilities in specific areas of the township.

(8)

The proposed special land use shall be designated, located, planned and be operated so that the public health, safety and welfare will be protected.

(Ord. No. 151, § 18.04, 6-13-2007; Ord. of 9-5-2008(2), § 1)

Following the public hearing, the planning commission shall take action on the special land use application as follows:

(1)

Approval. If the planning commission determines that the particular special land use should be allowed, it shall endorse its approval thereof on the written application and clearly set forth in writing thereon that the particular officer may issue a building permit in conformity with the particular special land use so approved. In all cases where a particular special land use has been granted as provided herein, application for a building permit in pursuance thereof must be made and received by the township not later than one year from the date of approval, or such approval shall automatically be revoked; provided, however, the planning commission may grant an extension thereof for good cause shown under such terms and conditions and for such period of time not exceeding six months as it shall determine to be necessary and appropriate.

(2)

Denial. If the planning commission shall determine that the particular special land use requested does not meet the standards of this chapter or otherwise will tend to be injurious to the public health, safety, welfare or orderly development of the township, it shall deny the application by a written endorsement thereon which clearly sets forth the reason for such denial.

(3)

Table. The application may be tabled if it is determined to be incomplete, the applicant has not fully responded to deficiencies or revisions are necessary to bring the proposal into compliance with applicable standards and regulations. The planning commission shall direct the applicant to prepare additional information on the special land use or revise the site plan. The applicant shall be required to prepare revised plans accompanied by a complete list of all changes, certified by the applicant's design professional. Amended plans or other material that show a diligent effort to address all reasons for tabling shall be placed on the agenda of the planning commission for further review and action.

(4)

Conditions. The planning commission may impose such conditions or limitations in granting approval as may be permitted by state law and this chapter which it deems necessary to fulfill the spirit and purpose of this chapter. The conditions may include conditions necessary to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall do all the following:

a.

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

b.

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

c.

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

The conditions imposed with respect to the approval of a land use or activity shall be recorded in the record of the approval action and shall remain unchanged except upon the mutual consent of the approving authority and the landowner. The planning commission shall maintain a record of changes granted in conditions.

(5)

Record. The decision on a special land use shall be incorporated in a statement of conclusions relative to the special land use under consideration. The decision shall specify the basis for the decision, and any conditions imposed.

(6)

Township board approval. Certain special land uses require township board approval, as noted in section 38-582, including landfills, composting centers, mining, extraction, and soil removal, recycling facilities, recycling operations, salvage yards and tire shredding/processing/storage. In addition to complying with all of the requirements of this ordinance, these uses are subject to the licensing requirements of article VI of chapter 12. These uses shall be reviewed by the planning commission in accordance with the process noted above, except the final authority for approving the special land use shall be with the township board as follows:

a.

The planning commission will conduct a public hearing on the special land use and make a recommendation to the township board to approve, approve with conditions or deny the special land use and the license application.

b.

The planning commission shall also take action to approve the site plan, conditioned on the township board's approval of the license, and the special land use or table the site plan pending the township board's action.

c.

The township board shall review the applications along with the recommendation of the planning commission and approve, approve with conditions or deny the special land use as provided for in this section, and the license application in accordance with article VI of chapter 12.

(Ord. No. 151, § 18.05, 6-13-2007; Ord. of 9-5-2008(2), § 2)

(a)

Major amendments. The property owner shall notify the zoning administrator of any change in an existing special land use. Any major amendment to an approved special land use shall require submittal of a new application for special land use and follow the review procedures contained in this article. Amendments to the site plan shall bring the site into compliance with all zoning chapter requirements determined to be reasonable by the planning commission in proportion with the extent of the change at the site and in consideration with the physical constraints of the site. The zoning administrator shall determine whether the proposed amendment constitutes a minor or major amendment, based on the total cumulative expansion since the original special land use approval as follows:

(1)

Changes increase the buildings usable floor area by more than 25 percent;

(2)

Parking lots are expanded by more than 25 percent;

(3)

The occupancy, capacity or membership of the use is increased by more than 25 percent;

(4)

The use is expanded to occupy an additional 25 percent or more land area; or

(5)

The expansion will result in a 25 percent or more increase in traffic generation, based upon the latest edition of the Institute of Traffic Engineers Trip Generation Manual.

(b)

Minor amendment. Minor amendment to an approved special land use does not require submittal of a new application for a special land use, but shall still be subject to the requirements of section 38-111.

(c)

Change in use. Change to another special land use shall require submittal of a new application for special land use and follow the review procedures contained in this article.

(Ord. No. 151, § 18.06, 6-13-2007)

The following special land uses may be allowed within the zoning districts where they are listed as a special land use, subject to all applicable requirements of this chapter, the approval requirements of this article and the specific standards, as follows:

(1)

Adult entertainment facilities.

a.

In the development and execution of this chapter, it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations are itemized in this subsection. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area (i.e., more than two such uses within 1,000 feet of each other would create such adverse effects). Uses subject to these controls are as follows:

1.

Adult bookstore;

2.

Adult motion picture theater;

3.

Adult mini-motion picture theater;

4.

Adult personal service business;

5.

Cabaret.

b.

Any adult regulated use/building shall be at least 1,000 feet from any of the following, except as otherwise provided by subsection (1)c of this section:

1.

Another existing adult regulated use;

2.

Public, charter, private or parochial school;

3.

Library;

4.

Park, playground or other recreation facility which admits minors;

5.

Day care center or nursery schools;

6.

Church, convent, monastery, synagogue or other similar place of worship;

7.

Any establishment licensed by the state liquor control commission;

8.

Pool or billiard halls;

9.

Pawnshops;

10.

Hotels or motels;

11.

Dance clubs catering primarily to teenagers, ice or roller skating rinks, movie theaters and other similar uses which typically cater to teenagers.

c.

The planning commission may waive the locational provision of subsection (1)b of this section for adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, cabarets, if the following findings are made:

1.

The proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this chapter will be observed.

2.

The proposed use will not enlarge or encourage the development of a skid row area.

3.

All applicable regulations of this chapter will be observed.

d.

It shall be unlawful to hereafter establish any adult bookstore, adult motion picture theater, adult mini-motion picture theater or cabaret within 500 feet of any building containing a residential dwelling or rooming unit. This prohibition may be waived if the person applying for the waiver shall file with the planning commission a petition which indicated approval of the proposed regulated use by 51 percent of the persons owning, residing or doing business within a radius of 500 feet of the location of the proposed use, the petitioner shall attempt to contact all eligible locations within this radius, and must maintain a list of all addresses at which no contact was made.

e.

The township building department shall adopt rules and regulations governing the procedure for securing the petition of consent provided for in this section. The rules shall provide that the circulator of the petition requesting a waiver shall subscribe to an affidavit attesting to the fact that the petition was circulated in accordance with the rules of the township and the circulator personally witnessed the signatures on the petition and that the same were affixed to the petition by the person whose name appeared thereon.

The planning commission shall not consider the waiver of locational requirements set forth in this subsection (1), until the above-described petition shall have been filed and verified.

(2)

Adult foster care group home. Adult foster care small and large group homes, pursuant to Public Act No. 218 of 1979 (MCL 400.701 et seq.), are subject to the following conditions. The conditions are to protect the neighboring uses from adverse impact, maintain and protect residential character, ensure the compatibility of foster care uses with other uses permitted in residential districts, and ensure that foster care uses remain clearly incidental to the permitted residential uses. Adult foster care small and large group homes may be authorized by a special use permit in accordance with this article, provided the following conditions, principles and requirements are met:

a.

There shall not be more than one residential dwelling unit per site.

b.

Site location principles. The following principles shall be utilized to evaluate the proposed location for any adult foster care small and large group homes within a permitted district. These principles shall be applied by the planning commission to help in assessing the impact upon the district in which the use is proposed.

1.

The site shall be located no closer than 1,500 feet to any of the following:

i.

Another licensed group day care home.

ii.

Another adult foster care family home, adult foster care small group home and adult foster care large group home licensed under Public Act No. 218 of 1979 (MCL 400.701 et seq.).

iii.

A facility offering substance abuse treatment and rehabilitation services to seven or more individuals licensed under article 6 of the public health code, Public Act No. 368 of 1978 (MCL 333.6101 et seq.).

iv.

The distance specified shall be measured along a street, road or place maintained by the state, county or township and generally opened to the use of the public as a matter of right for the purpose of vehicle traffic, not including alleys.

c.

Development requirements. The following requirements for site development together with any other applicable requirements of this chapter shall be complied with:

1.

License. Adult foster care small group home shall obtain and maintain a valid license from the state department of human services and provide a copy of that license to the township along with each renewal of that license every two years.

2.

Permitted structure. Activities associated with adult foster care small or large group home shall not be permitted in any building, structure, or attached or detached garage other than the principal dwelling unit.

3.

Uses. Foster care uses shall not generate noise, odor, vibration, or electrical interference beyond that level normally associated with residential land uses.

4.

Parking shall be provided so there is one parking space for each employee during the maximum employment hours, plus six additional parking spaces for visitors and guests for an adult foster care group home. All parking areas are to be paved with asphalt or concrete.

5.

There may be one non-illuminated sign which is four square feet in area or less, it must be attached to the principal structure, and the sign may only display the name and address of the foster care facility.

6.

The property must be maintained consistent with the visible characteristics of the neighborhood. There shall not be any type of equipment or recreation items located in the front yard.

7.

The applicant will provide to the township a certification from the county health department approving the water and the sewage disposal system as being adequate for the number of occupants and employees of the facility.

8.

A solid waste dumpster of at least five cubic yard capacity shall be properly maintained and serviced on site.

9.

Parking areas shall be properly lighted with lighting confined to the site.

10.

Adult foster group homes shall be subject to site plan review.

11.

Emergency egress and fire suppression system of satisfactory design as approved by the fire department shall be provided.

(3)

Accessory drive-in or drive-through service. Use standards for accessory drive-in or drive-through service are as follows:

a.

The service, including any lighting associated therewith, shall be screened from adjacent residential land uses such that it will not impact the use and enjoyment of the adjacent residential land use.

b.

Clear identification and delineation between the drive-through facility and the parking lot shall be provided.

c.

Each facility shall provide an escape lane to allow other vehicles to pass those waiting to be served. The planning commission may waive the requirement for an escape lane where it can be demonstrated that such a waiver will not result in an adverse effect on public safety or the convenience of patrons of the facility.

d.

There shall be a minimum of ten stacking spaces for drive-through restaurants and three stacking spaces for other uses.

e.

The drive-through facility shall be located on the side or rear elevation of the building to minimize visibility from the public or private roadway.

f.

The number of on-site directional signage shall be limited to two signs.

g.

There shall be no more than one driveway to a single public street.

(4)

Agribusiness uses. Use standards for agribusiness uses are as follows:

a.

The site shall have a minimum area of ten acres.

b.

Retail floor area for agribusiness uses shall not exceed 3,000 square feet.

c.

Retail sales to the general public shall be limited to products that are grown on the property from which they are sold or other customary agricultural products.

d.

All waste products shall be screened from public view, properly disposed of on a regular basis and shall in no way be allowed to become a nuisance to adjacent properties.

(5)

Airports. Airports, airfields, runways, hangars, beacons and other facilities involved with aircraft operations shall be subject to all rules and regulations of the Federal Aviation Administration, which agency shall approve the preliminary plans submitted to the township. All aircraft approach lanes, as established by appropriate aviation authorities, shall be so developed as to not endanger the permitted land use. Permitted height of buildings, structures, telephone and electrical lines and appurtenances thereto shall be considered factors in consultations with the appropriate aeronautical agencies, in considering an airport use.

(6)

Yard and placement requirements. Yard and placement requirements are as follows:

a.

No building or structure or part thereof shall be erected closer than 60 feet from any property line.

b.

Those buildings to be used for servicing or maintenance shall not be located on the outer perimeter of the site where abutting property is zoned residential.

c.

Performance requirements. All lights used for landing strips and other lighting facilities shall be so arranged as not to reflect towards adjoining non-airport uses.

d.

Prohibited uses. The open storage of junked or wrecked motor vehicles or aircraft shall not be permitted, except that wrecked aircraft may be stored in the open for not more than 30 days from the date of the accident.

(7)

Bed and breakfast inn. A private residence, owned by the innkeeper, may be operated as a bed and breakfast that offers sleeping accommodations to transient tenants in five or fewer rooms for rent, and is the residence in which the innkeeper resides while renting the rooms to transient tenants and in which the innkeeper serves breakfast at no extra cost to the transient tenants. Such a use may be allowed in districts where such a use is listed as a special land use pursuant to a special land use permit provided that:

a.

It is operated in its entirety within the principal dwelling and not within any garage or accessory building located upon the premises, except for incidental storage in use of a residential-type garage.

b.

It is only conducted by the persons who own and occupy the premises.

c.

It 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.

It does not involve alteration or construction not customarily found in residential dwellings; except such modifications as recommended by the fire department and accepted by the planning commission such as fire protection and fire suppression equipment.

e.

It is clearly incidental and subordinate to the one use of the premises for residential purposes.

f.

It does not constitute a nuisance to adjoining residents by reason of noise, smoke, odor, electrical disturbance, night lighting, or unreasonable traffic to the premises.

g.

It does not utilize more than five transient sleeping units with a minimum square footage for each unit of 100 square feet for two lodgers and 50 square feet for each additional lodger to a maximum of four occupants per room.

h.

Guests are not allowed to stay longer than 14 consecutive days or 30 days in any one calendar year at any bed and breakfast location.

i.

All bed and breakfast operations shall maintain on the premises a guest register and all guests shall be legibly registered and such register is subject to inspection during reasonable hours by the township building inspector or his designee.

j.

All bed and breakfast permit holders shall be reviewed on an annual basis and shall be required to comply with all state and local regulations and laws concerning bed and breakfast operations.

k.

No building or structure either on the premises of the bed and breakfast inn or on property adjacent thereto shall be removed in order to provide parking for the bed and breakfast inn.

l.

All required parking for any bed and breakfast inn shall be screened from adjacent residential uses in such form and manner as may be required by the planning commission.

m.

No bed and breakfast inn shall have on its premises any restaurant which is open to the general public or any gift shop, store or public meeting room or other sales, lease or rental operations.

n.

Sufficient off-street parking shall be required as for commercial lodging establishments.

o.

All requirements of initial fire department recommendations as adopted by the planning commission and compliance with and subsequent fire safety inspection reports shall be complied with.

p.

All developments shall be subject to site plan review and approval procedures as specified in article II, division 3 of this chapter.

(8)

Cemeteries. Use regulations for cemeteries are as follows:

a.

The site shall have a minimum area of 20 acres.

b.

The area to be occupied by the cemetery shall not have more than 51 percent of its land area in recorded plots.

c.

The continuity of all roads present or planned for adjacent areas shall be satisfactorily resolved to provide safe and prompt access to and from such areas.

d.

All ingress and egress shall be directly to a public road having an existing or planned right-of-way of not less than 86 feet or designated as a major thoroughfare (arterial or collector) on the township's adopted master plan.

e.

All sides of the cemetery shall be screened from any residential views by providing a continuous and completely obscuring wall or fence, four feet six inches in height, measured from the surface of the ground. The planning commission may permit a chainlink-type fence adequately screened with deciduous and evergreen material.

f.

Approval shall be given contingent on a satisfactory drainage plan approved by the township engineer and the county health department.

g.

A cemetery trust fund shall be established and approved by the state cemetery commissioner, where required by Public Act No. 251 of 1968 (MCL 456.521 et seq.).

(9)

Churches and other places of worship; schools; and public buildings. Use regulations for churches and other places of worship; schools; and public buildings are as follows:

a.

All ingress and egress shall be directly to a public road having an existing or planned right-of-way of not less than 86 feet or designated as a major thoroughfare (arterial or collector) on the township's adopted master plan.

b.

No off-street parking shall be permitted in the front yard.

(10)

Colleges and universities (public and private). Use regulations for public and private colleges and universities are as follows:

a.

All ingress and egress shall be directly to a public road having an existing or planned right-of-way of not less than 86 feet or designated as a major thoroughfare (arterial or collector) on the township's adopted master plan.

b.

No building other than a structure for residential purposes shall be closer than 75 feet to any property line.

c.

Height of residential buildings in excess of the minimum requirements may be allowed, provided that minimum yard setbacks, where yards abut land zoned for residential purposes, are increased by not less than 30 feet for each yard, for each 12 feet or fraction thereof by which the building exceeds the maximum height requirements of the zone.

d.

Those buildings to be used for servicing or maintenance, such as heating plants, garages, storage structures and the like, shall not be located on the outer perimeter of the site where abutting property is zoned for residential purposes.

(11)

Commercial, outdoor recreation. Use regulations for commercial, outdoor recreation are as follows:

a.

Children's amusement parks must be fenced on all sides with a four-foot, six-inch wall or fence that is at least 50 percent opaque.

b.

No loudspeaker or public address system shall be used, except by the written consent of the township board, wherein it is deemed that no public nuisance or disturbance will be established.

(12)

Commercial riding academy or stables. Use regulations for commercial riding academies or stables are as follows:

a.

The minimum site size shall be 20 acres where all riding will take place within an arena building and 40 acres where riding will occur in open areas outdoors.

b.

Where riding is intended outdoors the applicant may be required to submit a trail plan for approval to the township planning commission showing the general location of intended riding trails.

c.

All areas for stockpiling manure shall be screened from view, shall not be located closer than 250 feet to any property line, creek, or stream, and shall not be allowed to become a nuisance.

d.

Adequate off-street parking shall be provided for customers in the ratio of one space for every two horse boarding stalls. All parking areas shall be screened from view of an abutting residential use by either a greenbelt, obscuring fence, or masonry wall when it is determined by the planning commission to be appropriate and subject to the provisions of article V of this chapter.

e.

Off-street parking shall be provided in accordance with the standards set forth in article V of this chapter, except that the requirements for hard surfacing may be modified by the township to include a durable, dustless, water permeable surface.

f.

Horse trailers shall be stored within a building, a screened enclosure or behind a building so that they are not visible from the road right-of-way.

g.

At least one unisex/handicap access restroom must be made available for public use.

h.

The style and size of the structures shall be subject to the planning commission's review and approval to determine that the project will be compatible and consistent with the surrounding residential areas, if applicable.

i.

A manure management plan must be submitted to the planning commission for approval and shall be a condition of any special land use permit approval. The riding academy shall be operated according to the plan as approved or modified by the planning commission. Such guidelines shall be developed by rule by the planning commission.

j.

The maximum number of horses/equestrian animals which may be kept on the premises shall be subject to the special land use permit conditions.

k.

The size and location of any and all signs associated with the stable/riding academy shall be subject to planning commission approval.

l.

Any sale of goods from the premises shall be specifically approved as a condition of special land use permit approval.

m.

Outdoor lighting for nighttime riding shall be directed in a manner that prevents off-site glare or light sources to be visible from adjacent residential areas.

n.

Hay, straw, bedding and other combustibles material shall be limited to one day's supply in the main stable arena area. Storage exceeding one day's supply must be stored in a detached building located at least 100 feet from the main structure. Details of this arrangement shall be shown on the site plan.

o.

NFPA 150, Standard on Fire and Life Safety in Animal Housing Facilities, 2007 Edition, should be used as a guide in planning and constructing facilities.

p.

Second floor viewing areas must meet NFPA 101, Life Safety Code, with specific methods of achieving compliance outlined in the site plan.

q.

Caretaker's residence. Caretakers' residences shall comply with the following:

1.

A caretaker's residence, where such residence is accessory to a permitted use, may be allowed at the discretion of the planning commission.

2.

A caretaker's residence may not be occupied prior to a permanent residence being occupied on the same parcel.

3.

A caretaker's residence may not be used for rental purposes at any time.

4.

A caretaker's residence must meet sanitary regulations as set forth by the county health department.

5.

A caretaker's residence may be used as an office or storage space directly related to the riding academy or stable. Any use other than the approved use must be submitted for approval to the planning commission.

6.

A caretaker's residence may be located within or attached to any approved building; provided that no grooms' quarters or other living facilities are allowed within 100 feet of the stable/arena building.

7.

When a caretaker's residence is detached from any existing or approved building, it must meet all requirements of this subsection, excluding subsection (18)e of this section.

8.

A caretaker's residence must meet the current state construction code adopted by the township.

9.

A caretaker's residence must be occupied by the principals or employees directly engaged in the maintenance and supervision of the premises.

(13)

Common use riparian access lots. Use regulations for common use riparian access lots are as follows:

a.

This subsection (13) shall apply to the creation of a common use riparian lot or keyhole or expansion to an existing facility that increases the number of boats that may be moored.

b.

The proposed construction or use, because of its intensive nature or proposed location, shall not pose substantial environmental hazards, and all other factors considered in light of the proposed use and the specific characteristics of the property and the surroundings are favorable towards the proposed use.

c.

No use shall be made of any land or water for boat liveries or public or commercial beaches or recreational use operated for profit.

d.

Any dredging and/or filling of regulated wetland or water area shall be permitted only after review and approval from the state department of environmental quality, or the county drain commissioner, as applicable.

e.

Where the lot is to be used for the mooring of boats, it shall conform to the following minimum requirements:

1.

The riparian lot shall have a minimum of 50 feet of riparian frontage for each nonriparian lot or dwelling unit that is permitted to moor a boat. Riparian frontage shall be measured by a straight line which intersects each side lot line at the water's edge. Artificially created shoreline may not be used to increase the calculated riparian frontage. The riparian frontage shall also have a minimum depth of 50 feet between the shoreline and the lot line that is opposite and parallel to the shoreline.

2.

The deed to such lot or parcel shall specify the nonriparian lots, parcels or dwelling units that shall have rights to its use.

3.

Any boat dock facility within a common use riparian lot for more than three boats must obtain a permit for marina operation from the MDEQ in accordance with administrative rules of Part 301 of Public Act No. 451 of 1994 (MCL 324.30101 et seq.) on inland lakes and streams. Design for a boat dock facility shall meet all of the MDEQ standards for marinas.

(14)

Correctional facilities. Use regulations for correctional facilities are as follows:

a.

Such facilities shall not exceed the maximum residential land use density for the RM district.

b.

All such uses shall be located on a parcel of not less than ten acres.

c.

All buildings and/or structures used or related to the community correctional facilities shall not be located closer than 250 feet to any property boundary of an abutting residential and/or agricultural zoning district.

d.

Any buildings proposed shall be architecturally compatible with surrounding buildings and dwellings.

e.

Security fencing shall be provided around the entire perimeter of the site.

f.

Such facilities shall be in accordance with PA 232 of 1953.

(15)

Automotive service center, gasoline service station, etc. Use regulations for automotive service centers, gasoline service stations, etc., are as follows:

a.

There shall be a minimum lot area of one acre and minimum lot frontage of 250 feet.

b.

Pump islands shall be a minimum of 20 feet from any public right-of-way or lot line, and at least 40 feet from any residential lot line.

c.

A maximum of two driveways shall be permitted and the maximum width of driveways shall be 35 feet. All driveways shall comply with the access standards of section 38-407.

d.

All repair work shall be conducted completely within an enclosed building.

e.

There shall be no outdoor storage or display of vehicle components and parts, supplies, or equipment or other merchandise, except within an area defined on the site plan approved by the planning commission and which extends no more than ten feet beyond the building.

f.

The storage of damaged or wrecked automobiles on the site shall be obscured from public view and no vehicle of any kind shall be stored in the open for a period exceeding one week. Storage of wrecked, partially dismantled, or other derelict vehicles that are not undergoing current repair or maintenance is prohibited.

g.

The design and materials of the canopy shall be compatible with the main building. The proposed clearance of any canopy shall be noted on the site plan. Any signs, logos or identifying paint scheme on the canopy shall be reviewed by the planning commission and considered part of the maximum wall sign permitted. Details on the canopy lighting shall be provided to ensure there is no glare on the public streets or adjacent property. Canopy lighting shall be recessed such that the light source cannot be seen from off site.

h.

The applicant shall submit a pollution incidence protection plan (PIPP) as part of the site plan application. The PIPP shall describe measures to prevent groundwater contamination caused by accidental gasoline spills or leakage, such as special checkvalves, drain back catchbasins and automatic shutoff valves.

(16)

Golf courses. Use regulations for golf courses are as follows:

a.

Major accessory uses such as a restaurant and bar shall be housed in a single building with the clubhouse. Minor accessory uses strictly related to the operation of the golf course itself, such as maintenance garage and pro shop or golf shop, may not be located closer than 75 feet from the lot line of any adjacent residential land and from any existing or proposed public right-of-way.

b.

All ingress and egress shall be directly to a public road having an existing or planned right-of-way of not less than 86 feet or designated as a major thoroughfare (arterial or collector) on the township's adopted master plan.

c.

Whenever included, swimming pools shall be provided with a protective fence not less than six feet in height that is at least 50 percent opaque, and entry shall be provided by means of a controlled gate or turnstile.

(17)

Hospitals. Use regulations for hospitals are as follows:

a.

All such hospitals shall be developed on sites consisting of at least five acres in area for the first 100 beds or less plus one acre for each additional 25 beds.

b.

All ingress and egress shall be directly to a public road having an existing or planned right-of-way of not less than 86 feet or designated as a major thoroughfare (arterial or collector) on the township's adopted master plan.

c.

The site plan shall show that a proper relationship exists between the abutting thoroughfare and any proposed service roads, driveways, and parking areas to encourage pedestrian and vehicular traffic safety.

d.

All the development features, including the principal building and any accessory buildings, open spaces, and all service roads, driveways and parking areas are so located and related to minimize the possibility of any adverse effects upon adjacent property.

(18)

Kennels. Regulations for kennels are as follows:

a.

Purpose. The purpose of this subsection (18) is to provide for the construction and maintenance of both standard and commercial kennels within the township so as to protect the general health, safety, and welfare of residents and property owners and to preclude any harmful effects of such land use form occurring in any zoning district where such use may be permitted.

b.

Applicability. This chapter is intended to prohibit any premises being used contrary hereto. Kennels are defined in section 38-6 under commercial kennels and standard kennels. All kennels shall comply with all applicable township, county, and state regulations. Any person, firm, corporation, partnership, association, for profit, non-profit or user of lands violating this chapter shall be guilty as herein defined. A kennel shall consist of a kennel building, dog runs, fencing, noise shielding, refuse disposal, and necessary parking and shall be located on the lot.

c.

Regulations. The building, heating, water supply, electricity and sanitary facilities shall meet the requirements of this Code and the ordinances of the township. In addition, all kennels shall be regulated by the rules of the county animal shelter and dog pound and Public Act No. 195 of 1969 (MCL 287.262 et seq.).

d.

Inside enclosures. The minimum size of the enclosures within the required kennel building shall be not less than three feet by three feet square and four feet high. There shall be a door or gate to each enclosure which allows easy access for inserting or removing the dogs. All enclosures shall have a sloped concrete floor to facilitate cleaning and drainage. There shall be a minimum of one enclosure for any dog over 18 inches long or over 14 inches high.

e.

Outside runs. The exterior runs shall be a minimum of three feet wide and ten feet long and have direct access to the kennel building. The opening into the required kennel building shall have a sliding or other type of closable door. Dogs shall be kept in the kennel building from 9:00 p.m. to 9:00 a.m. All exterior runs shall be paved and constructed with a slope to facilitate drainage. No more than three dogs shall be allowed in the outdoor runs or exercise areas at any one time.

f.

Enclosure fences. The outside enclosures such as runs, etc., shall all have fencing a minimum of six feet high, of commercial cyclone quality or woven type of equal quality. The gates to these enclosures shall be self-latching and each shall be equipped with a lock. The gate shall be locked at all times when not being used.

g.

Noise and view fence. The dog runs, exercise yards and any places where the dogs are kept either fulltime or parttime must be enclosed with a view obstruction noise barrier such as an earth berm or sound fence. This fence shall allow air to pass through and may be constructed of masonry with sound baffles, or may be of a wood louver or other similar type. The fence and/or earth berm shall also be no less than six feet or more than eight feet high and no closer than three feet to any of the runs, exercise areas, places where the dogs are kept or any exterior property lines.

h.

Setbacks. Any activities associated with a standard kennel including but not limited to the kennel building, dog runs, exercise yards and any other place where dogs are kept outside, must be set back a minimum of 100 feet from any/all property lines, wetlands and ponds.

i.

Dog nuisance barking. "the term "dog nuisance barking" shall mean barking which is unreasonably annoying, disturbing, offensive, or which unreasonably interferes with the comfortable enjoyment of life or property of one or more persons occupying property in the community or neighborhood, within reasonable proximity to the property where the dog or dogs are kept. The barking must be continuously audible for ten minutes or intermittently audible for 30 minutes within a three-hour period.

j.

The minimum lot size for a standard kennel shall be 20 acres.

k.

The total number of dogs and/or cats allowed shall not exceed 12 in a standard kennel or 20 in a commercial kennel at any one time.

l.

Unannounced inspection based on complaints received from citizens can and will be conducted to determine any action needed to resolve issues. Refusal to allow such an inspection may lead to the loss of kennel approval.

m.

Yearly inspection shall be required to confirm compliance with the above standards, including the number of animals. An annual inspection shall be conducted by Rose Township to confirm compliance, with above standards, as well as manure management plans and the number of animals. An inspection shall also be conducted by North Oakland County Fire Authority (NOCFA) regarding fire safety.

n.

Manure management plans. A plan shall be submitted for the kennel building and any outside runs. The plans must be submitted for approval and shall be a condition of any special land use approval. The kennel shall be operated according to the plans as approved or modified by the planning commission.

o.

The parcel must be owned, operated and occupied by the owner/operator of the standard kennel.

(19)

Landfill and composting center. Use regulations for landfills and composting centers are as follows:

a.

Disposal area activity shall only be allowed as a special land use activity within zoning districts specified in this chapter and subject to the provisions of this article. The purpose of these procedures is to provide for the use of lands as disposal areas and to regulate and control the use for the preservation of public health, safety and welfare. Disposal areas are considered to be a temporary use of land only; therefore, the further intent of these provisions is to ensure that such operations are conducive to and result in the reclamation of the land for other purposes. The requirements of this subsection shall be in addition to the requirement of all applicable state laws.

b.

The location of all disposal areas shall be sufficiently distant from preexisting development so as not to be injurious to the public health, safety and welfare.

c.

License required. All landfills and composting centers shall be required to obtain a special land use and an annual license issued by the township board. All performance standards and requirements of article VI of chapter 12 must be met prior to issuance of the special land use and the annual operating license. The requirements of article VI of chapter 12 are incorporated herein by reference.

d.

Approval procedures. The petitioner shall be required to submit a site plan with all of the information required by division 3 of article II of this chapter, a special land use application with all of the information required by this article, and a license application with all of the information required by article VI of chapter 12. Once a complete application is submitted, the application shall be reviewed as follows:

1.

The planning commission will conduct a public hearing on the special land use following the procedures of this article and make a recommendation to the township board to approve, approve with conditions or deny the special land use and the license application.

2.

The planning commission shall also take action to approve the site plan, conditioned on the township board's approval of the license, and the special land use or table the site plan pending the township board's action.

3.

The township board shall review the applications along with the recommendation of the planning commission and approve, approve with conditions or deny the special land use, and the license application.

(20)

Large-scale commercial recreation and camps. Regulations for large-scale commercial recreation and camps are as follows:

a.

Site requirements.

1.

All approved uses shall be on a contiguous parcel of 20 acres or more in area.

2.

All ingress and egress shall be directly to a public road having an existing or planned right-of-way of not less than 86 feet or designated as a major thoroughfare (arterial or collector) on the township's adopted master plan.

3.

Review of the proposed site plan shows that a proper relationship exists between the major or secondary thoroughfare and all proposed service roads, driveways, and parking areas to encourage pedestrian and vehicular traffic safety.

b.

Yard and placement requirements.

1.

All development features including the principal building related to minimize the possibility of any adverse effect upon adjacent property. This shall mean a minimum distance of 200 feet to the property line of abutting residentially zoned lands and public right-of-way; provided that where topography conditions are such that the building would be screened from view, this requirement may be modified.

2.

No activity shall take place within 30 feet of the perimeter of the recreation area. All such activities shall be adequately screened from abutting residentially zoned property by means of a protective fence or greenbelt.

3.

Related accessory commercial uses may be permitted in conjunction with recreation use when it is clearly incidental to the main recreational character of the use and such related accessory uses shall not include the sale, servicing, or repair of any vehicles or equipment used on the site except that owned by the proprietor.

4.

Permitted accessory uses which are generally of a commercial nature shall be housed in a single building. Minor accessory uses which are strictly related to the operation of the recreation use itself, such as a maintenance garage, may be located in separate building.

5.

No buildings shall be located in a floodplain area.

c.

Other requirements.

1.

Whenever a swimming pool is to be provided, the pool shall be provided with a protective fence six feet in height, and entry shall be by means of a controlled gate or turnstile.

2.

When a gun club is proposed it shall be clearly established that the activities shall in no way endanger the health, safety or welfare of any persons and will not become a nuisance in any manner whatsoever.

(21)

Mining, extraction and soil removal. Use requirements for mining, extraction and soil removal shall be as follows:

a.

Intent. The intent of this subsection (21) is to regulate the activities and impacts which are associated with a mining, extraction and soil removal operation. These regulations are intended to provide for the preservation of the public health safety and welfare as well as the natural environment. Furthermore, in addition to the licensing and regulation of mining, extraction and soil removal, the township intends to monitor and inspect such operations to assure minimization of any and all pollution or impairment of the natural environment, including groundwater, surface water, air, flora, fauna and the roadside environment.

b.

License required. All mining, extraction and soil removal shall be required to obtain a special land use and an annual license issued by the township board. All performance standards and requirements of article VI of chapter 12 must be met prior to issuance of the special land use and the annual operating license. The requirements of article VI of chapter 12 are incorporated herein by reference.

c.

Approval procedures. The petitioner shall be required to submit a site plan with all of the information required by division 3 of article II of this chapter, a special land use application with all of the information required by this article, and a license application with all of the information required by article VI of chapter 12. Once a complete application is submitted, the application shall be reviewed as follows:

1.

The planning commission will conduct a public hearing on the special land use following the procedures of this article and make a recommendation to the township board to approve, approve with conditions or deny the special land use and the license application.

2.

The planning commission shall also take action to approve the site plan, conditioned on the township board's approval of the license, and the special land use or table the site plan pending the township board's action.

3.

The township board shall review the applications along with the recommendation of the planning commission and approve, approve with conditions or deny the special land use, and the license application.

(22)

New or used sales or showroom for automobiles, boats and recreational vehicles. Use regulations for new or used sales or showrooms for automobiles, boats and recreational vehicles shall be as follows:

a.

All lighting shall be shielded from adjacent uses in such a manner that it does not project beyond the property line.

b.

Ingress and egress to the site shall be at least 50 feet from a street intersection or adjacent residential district.

c.

When adjacent to districts zoned for residential use, there shall be provided a completely obscuring masonry wall four feet six inches in height along the abutting residential district.

d.

There shall be no strings of flags or bare lightbulbs, or flashing illumination of any kind anywhere on the site.

(23)

Nursery schools, day nurseries, child care centers, group day care homes. Nursery schools, day nurseries, child care centers, and group day care homes shall be permitted if all of the following standards are met:

a.

If located in a residential district, is located not closer than 1,500 feet to any of the following:

1.

Another licensed group day care home.

2.

Another adult foster care small group home or large group home licensed under the adult foster care facility licensing act, Public Act No. 218 of 1979 (MCL 400.701 et seq.).

3.

A facility offering substance abuse treatment and rehabilitation service to seven or more people licensed under article 6 of the Public Health Code, Public Act No. 368 of 1978 (MCL 333.6101 et seq.).

4.

A community correction center, resident home, halfway house, or other similar facility which houses an inmate population under the jurisdiction of the department of corrections.

b.

Has appropriate fencing for the safety of the children, as determined by the township.

c.

Maintains the property consistent with the visible characteristics of the neighborhood.

d.

If located in a residential district, does not exceed 16 hours of operation during a 24-hour period.

e.

Meets sign regulations contained in article VI of this chapter.

f.

Meets parking regulations contained in article V of this chapter.

(24)

Permanent outdoor sales and display accessory to a permitted retail use. Permanent commercial outdoor display, sales or storage including sales or storage of building/lumber supply, contractor's yards, garden/landscape supplies, nurseries, greenhouses, stone, farm implements, mowing equipment, construction equipment and similar materials or equipment shall comply with the following requirements:

a.

All outdoor storage areas shall be paved with a permanent, durable and dustless surface and shall be graded and drained to dispose of stormwater without negatively impact adjacent property. The township may approve a gravel surface for all or part of the display or storage area, upon a finding that neighboring properties and the environment will not be negatively impacted.

b.

No outdoor storage shall be permitted in any required yard (setback) of buildings for the district in which the commercial outdoor display, sales or storage use is located.

c.

All outdoor storage area property lines adjacent to a residential district shall provide a six-foot-tall screening fence.

d.

The height of all material stored in an outdoor storage area shall not exceed the height of any landscape screening, wall or fence, except where such stored materials or equipment is located more than 100 feet from the screening.

e.

Any stockpiles of soils, fertilizer or similar loosely packaged materials shall be sufficiently covered or contained to prevent blowing of materials.

f.

The site shall include a building of at least 500 feet of gross floor area for office use in conjunction with the use.

(25)

Parks—Active. Active parks shall be subject to the following requirements:

a.

All county roads which service such facilities shall be already paved or be paved to a distance of three miles from any public access to such park and/or facility.

b.

The perimeter of the park must be entirely fenced, except over bodies of water, and there must be demonstrated that there will be security when not in use or operation.

(26)

Same—Passive, county, regional and state facilities. In order for a facility or park to qualify as a passive facility, the park/facility shall meet the following requirements:

a.

A site plan submitted pursuant to article II, division 3 of this chapter which contains the following:

1.

Location of all facilities on the property.

2.

Proposed or planned future construction.

3.

Sanitary facilities.

4.

Potable water supply.

5.

First aid station and type of equipment available.

b.

All newly constructed structures shall have a sprinkler system when recommended by the township's fire authority, which is approved by the fire authority or as required by applicable state construction codes as adopted by the township.

c.

There shall be no off-road use of motorized vehicles such as mopeds, dirt bikes (motorized), motorcycles, three wheelers, four wheelers, snowmobiles or other similar types of vehicles except those utilized by disabled park users, except as provided for in the site plan review.

d.

There shall be no hunting of any kind or use of motor-powered boats, except as provided for in the site plan review.

e.

All activities inside such facility shall be user-oriented, which means no rentals of paddleboats or other commercially related activities. However, rowboats brought to the site for use on lakes or ponds totally within such facility is permissible, except as provided for in the site plan review.

f.

No team sports/recreation activities (e.g., football, baseball, soccer, softball) shall be permitted, except as provided for in the site plan review.

(27)

Recycling facility, recycling operations, salvage yards and tire shredding/processing/storage. Recycling facilities, recycling operations and salvage yard tire shredding/processing and tire storage shall be subject to the following regulations:

a.

Intent. The intent of this subsection (27) is to regulate the activities and impacts which are associated with a recycling facility. These regulations are intended to provide for the preservation of the public health safety and welfare as well as the natural environment. Furthermore, in addition to the licensing and regulation of recycling operations, the township intends to monitor and inspect such operations to ensure minimization of any and all pollution or impairment of the natural environment including groundwater, surface water, air, flora, fauna and the roadside environment.

b.

License required. All mining, extraction and soil removal shall be required to obtain a special land use and an annual license issued by the township board. All performance standards and requirements of article VI of chapter 12 must be met prior to issuance of the special land use and the annual operating license. The requirements of article VI of chapter 12 are incorporated herein by reference.

c.

Approval procedures. The petitioner shall be required to submit a site plan with all of the information required by division 3 of article II of this chapter, a special land use application with all of the information required by this article, and a license application with all of the information required by article VI of chapter 12. Once a complete application is submitted, the application shall be reviewed as follows:

1.

The planning commission will conduct a public hearing on the special land use following the procedures of this article and make a recommendation to the township board to approve, approve with conditions or deny the special land use and the license application.

2.

The planning commission shall also take action to approve the site plan, conditioned on the township board's approval of the license, and the special land use or table the site plan pending the township board's action.

3.

The township board shall review the applications along with the recommendation of the planning commission and approve, approve with conditions or deny the special land use, and the license application.

(28)

Farm tenant dwelling. Farm tenant dwellings shall be subject to the following regulations:

a.

One farm tenant dwelling, in addition to the property owner's residence, may be allowed in the AG/RP district as a part of an agribusiness.

b.

There shall be at least one acre of land devoted to the exclusive use of the farm tenant dwelling.

c.

All front, side and rear setbacks required in the AG/RP district shall be met.

d.

The farm tenant dwelling shall not be required to meet the minimum floor area requirement of the AG/RP district. The tenant dwelling must have a minimum floor area of at least 400 square feet.

e.

The farm tenant dwelling may be occupied no more than 180 days per calendar year.

f.

The farm tenant dwelling water and sanitary facilities shall meet the requirements of the county health department.

(29)

Utility and essential service substations and pump stations; and public plants, garages, and storage yards. Utility and essential service substations and pump stations, and public plants, garages and storage yards shall be subject to the following regulations:

a.

All such uses shall be completely enclosed and the site fenced with a suitable chainlink fence not less than six feet in height.

b.

The entire site shall be landscaped according to the standards of article V of this chapter and the plant materials properly maintained in a healthy and growing condition.

c.

All buildings constructed shall be so designed that they are architecturally compatible with surrounding buildings and dwellings.

d.

All parking and driveway areas shall be constructed according to the standards of this chapter.

(30)

Wind generators. Wind generators shall be subject to the following requirements:

a.

All towers used to support the wind-generating equipment shall be adequately anchored to prevent their being knocked down by high winds.

b.

All towers shall be set back a distance at least equal to the height of the tower from all property lines. The height shall be measured to the top of the blade at its highest point. This setback may be reduced to one-half the tower height from a nonresidential property line where a professional engineer licensed by the state has certified that the structure is designed as a self-collapsing device and the area in which the proposed structure will fall in the event of damage (i.e., fall zone) can be accommodated within the setback area.

(31)

Barn weddings and receptions.

a.

This specific use shall be clearly incidental to a principal farm use as permitted in the AG district.

b.

The site shall have a minimum area of 20 acres identified by a single property (parcel) ID.

c.

A paved parking area shall not be required per the standards of section 38-440 to maintain the agricultural character of the district. However, the applicant must demonstrate the capacity of the site to accommodate vehicle parking and circulation without disruption of normal traffic flow on the public right-of-way. All parking areas shall be screened from view of an abutting residential use by either a greenbelt, obscuring fence, or masonry wall when it is determined by the planning commission to be appropriate.

d.

The applicant must demonstrate fire code compliance and receive fire and building department approval prior to hosting any events. There shall be no smoking or cooking within the facility. Areas for smoking must be designated and be a minimum of 50 feet from any structure, be shielded from adjoining properties and be approved by local fire authority.

e.

The applicant must secure all necessary permits from the Oakland County Health Department, township building department, Oakland County Road Commission, as applicable, and must comply with all government regulations.

f.

Sanitary facilities, that may consist of portable stations, must be properly maintained and located within a side or rear yard and screened from public view.

g.

All waste products shall be screened from public view, properly disposed of on a regular basis and shall in no way be allowed to become a nuisance to adjacent properties.

h.

Hours of operation for visitors must be no earlier than 10:00 a.m. and no later than 11:00 p.m.

i.

A maximum of one event per week and a maximum of 15 per calendar year shall be permitted during the months of May through the first full weekend of October.

j.

The number of persons allowed at any event shall not exceed the limit as established by the township fire department based on the maximum occupancy load of the building.

k.

Food and drink may be served, but shall be provided by caterers.

l.

Barn weddings and receptions must be conducted by persons who own and occupy the premises.

m.

Licenses, insurance certificate, permits, and event dates must be submitted to township administration annually for review and approval, by January 30 of each calendar year.

n.

The noise ordinance (Ord. No. 156, section 1-4) standards must be met. No outdoor speakers allowed.

(32)

Winery, small.

a.

This specific use shall be clearly incidental to a principal farm use as permitted in the AG district.

b.

The site shall have a minimum area of 20 acres identified by a single property (parcel) ID.

c.

The parcel must be owned, operated, and occupied by the owner/operator of the winery.

d.

The total floor area above finished grade of the processing facility, including retail space, shall be no larger than 3,000 square feet. The retail space must only comprise 25 percent or less of the total floor area.

e.

A paved parking area shall not be required per the standards of section 38-440. However, the applicant must demonstrate the capacity of the site to accommodate vehicle parking and circulation without disrupting normal traffic flow on the public right-of-way, and should strive to maintain compatibility with the agricultural character of the surrounding area. If the applicant proposes paved parking, the lot must comply with the standards of section 38-440.

f.

All waste products shall be screened from public view, properly disposed of on a regular basis and shall, in no way, be allowed to become a nuisance to adjacent properties. Disposal of processing waste must be done in accordance to state and local regulations and for preserving natural resources. No process shall be used to create toxic/hazardous substances or unpleasant odors.

g.

Hours of operation for visitors must be no earlier than 10:00 a.m. and no later than 8:00 p.m.

h.

The applicant must secure all necessary permits from the Oakland County Health Department, township building department, Oakland County Road Commission, liquor control commission, Michigan Department of Agriculture, North Oakland County Fire Department, and others as applicable, and must comply with all government regulations.

i.

A small wine maker may offer free or may include a charge for wine samples to consumers for on premises tastings. The samples must be of products manufactured and sold under the minimum small wine maker license requirements of the Michigan Liquor Control Commission.

j.

A small wine maker may offer free or may include a charge for food samples to consumers for on premises consumption. Food sampling must meet minimum requirements of the Michigan Liquor Control Commission rules and related Michigan Department of Agriculture permits including but not limited to Oakland County Health Department License regarding the sales of limited food items for on-premises consumption.

k.

A majority of all of the agricultural produce sold fresh or processed shall be grown on site. In the event of a natural disaster resulting in a shortage of produce, the land owner may appeal to the township staff for approval of a larger proportion of produce grown off the site.

l.

Any building improvements onsite must be designed to be compatible and harmonious with the agricultural character of the surrounding area.

(33)

Solar energy systems.

a.

Intent. The intent of this section is to allow for the use of solar energy systems in the township and to promote clean energy, economic viability, and environmental protection, while providing a consistent set of regulations on the use of solar energy systems to protect the rural character, health, safety, and welfare of the township.

b.

General requirements. All solar energy systems are subject to the following general requirements:

1.

Solar energy systems must conform to the provisions of this ordinance and county, state, and federal regulations, safety requirements, and applicable industry standards.

2.

Solar energy systems shall be located or placed so that concentrated solar glare shall not be directed toward or onto nearby properties or roadways at any time of day.

3.

All roof or building mounted solar energy systems, including BIPVs, shall be exempt from special land use approval requirements.

4.

Solar energy systems shall be subject to all applicable local, county, state and federal construction and safety regulations, including those of the Michigan Building Code.

c.

Ground mounted private solar energy systems. The following standards shall apply to ground mounted private solar energy systems:

1.

Ground mounted private solar energy systems shall be located on parcels of land no less than five acres in size.

2.

The ground mounted private solar energy systems shall meet the minimum front, side, and rear yard setbacks of the zoning district in which it is located, as well as maximum height requirements for accessory buildings.

3.

Landscaping and/or fencing shall be placed to mitigate the effects of glare and to screen the system from view on all sides.

4.

The area covered by any ground mounted private solar energy system shall be included in calculations for overall lot coverage.

5.

All ground mounted private solar energy systems shall be maintained in good condition. Upon removal, the land shall be restored to its condition prior to the construction of the system, including replacement of any prime soils and topsoil. The property owner of the system is responsible for the proper removal of the system.

d.

Commercial solar energy systems. Commercial solar energy systems are only allowed in the AG/RP agricultural and rural preserve district and M-l industrial district as a special land use and shall meet all requirements for special land use approval by the planning commission and the township board. Such systems shall not be considered as agricultural buildings. Additionally, commercial solar energy systems shall be ground mounted and are subject to the following:

1.

The property owner or applicant for such system shall provide the planning commission with proof of ownership of the subject site, a copy of any lease and operations agreements, which shall set forth the operations parameters, the name and contact information for the certified operator, inspection protocol, emergency procedures, and general safety documentation.

2.

Commercial solar energy systems shall be located on parcels of land no less than 20 acres in size.

3.

Commercial solar energy systems shall cover no more than 25 percent of the lot. The area covered by such system shall be included in the calculations for overall lot coverage.

4.

The commercial solar energy system shall meet all minimum front, side, and rear yard setback requirements and shall have a maximum height of 15 feet.

5.

Such system shall be designed and placed so that any adjacent properties will not be impacted by surface water runoff.

6.

Existing natural features on the site shall be maintained. Any trees removed to allow installation of such system shall be replaced with the equivalent number and/or size of those removed; however, clear cutting to accommodate such system shall be prohibited.

7.

Items used in maintenance, including soap or detergent, shall not impact the surrounding environment, natural resources, or wellheads, and the system elements shall discourage the spread of invasive species.

8.

Landscaping and/or decorative fencing shall be placed to mitigate the effects of glare and to screen the system from view on all sides.

9.

No commercial solar energy system shall be installed until evidence has been given to the planning commission that the electric utility company has agreed to an interconnection with the electrical grid or a power purchase agreement; such agreement shall be furnished to the planning commission.

10.

No overhead wires shall be permitted. All connections to utilities shall be located underground.

11.

After the lease expires, all equipment shall be removed, and the land shall be restored to its condition prior to the construction of the solar energy system, including replacement of any prime soils and topsoil. The licensed operator of the system is responsible for the proper removal of the system.

12.

Commercial solar energy systems shall be maintained in good condition. Upon removal, the applicant shall perform decommissioning and removal of the system and its components. The applicant shall prepare and submit a decommissioning plan to the planning commission for review. The plan shall ensure that all system materials shall be properly removed, and the land shall be restored to its condition prior to the construction of the system, including replacement of prime soils and topsoil. The decommissioning plan shall include a performance bond to cover the estimated cost of removal and may include a provision for inflationary cost adjustments.

13.

If the owner of the facility or the property owner fails to remove or repair a defective or abandoned system, the township, in addition to any other remedy under this ordinance, may pursue legal action to abate the violation by seeking to remove the system and recover any and all costs, including attorney fees.

(Ord. No. 151, § 18.07, 6-13-2007; Ord. of 9-5-2008(1), § 5; Ord. of 9-5-2008(2), §§ 3—5; Ord. No. 02-2016, 6-19-2016; Ord. No. 166, 2-14-2018; Ord. No. 168, 2-14-2018; Ord. No. 171, 5-8-2019; Ord. No. 176, 3-18-2020)