It is the purpose of this article to provide regulations for specific uses, which may be regulated as either a permitted or conditional land use.

(Ord. No. 275, § 6.01, 10-21-2003; Ord. No. 2007-02, § 1(6.01), 6-12-2007)

1. Intent. It is the intent of this section to establish standards for day care facilities which will ensure compatibility with adjacent land uses and maintain the character of the neighborhood.
2. Application of regulations.
   1. A state-licensed family day care home shall be considered a residential use of property and a permitted use in all residential districts. Family day care homes shall be prohibited in all other districts.
   2. The township may, by issuance of a conditional use permit, authorize the establishment of group day care homes and day care centers as specified in district regulations and subject to the standards herein.
3. Standards for group day care homes. Group day care homes shall be considered as a conditional land use subject to the requirements and standards of article VII of this chapter and the following additional standards:
   1. A group day care home shall not be located withing 1,500 feet of any of the following facilities:
      1. Another licensed group day care home.
      2. An adult foster care small or large group home licensed by the state.
      3. A facility offering substance abuse treatment and rehabilitation service to seven (7) or more people that is licensed by the state; or
      4. A community correction center, residential home, halfway house, or other similar facility that houses an inmate population under the jurisdiction of the department of corrections.
   2. The subject parcel shall meet the minimum lot requirements for the zoning district in which it is located.
   3. The property is maintained in a manner that is consistent with the visible characteristics of the neighborhood.
   4. There shall be an outdoor play area that is a minimum of 600 square feet, or 50 square feet per child, whichever is greater. The outdoor play area shall not be located in the required front yard set back. The outdoor play area requirement may be waived by the Planning Commission if a public open space is within 500 feet of the subject parcel.
   5. All outdoor play areas shall be enclosed by a fence or a natural barrier that is designated to discourage climbing, and is at least four feet in height, but no higher than six (6) feet.
   6. The hours of operation do not exceed 16 hours within a 24-hour period. Activity between the hours of 10:00 p.m. and 6:00 a.m. shall be limited through conditional use approval on a case-by-case basis so that the drop-off and pick-up of children is not disruptive to neighboring residents.
   7. One off-street parking space per employee who is not a member of the group day care home family shall be provided.
   8. Appropriate licenses with the state shall be maintained.
   9. The establishment of any of the facilities listed under subsection (c)(1) after issuance of a special use permit, conditional use permit, or other similar permit pertaining to the group childcare home does not affect renewal of that permit.
      
4. Standards for day care centers. Day care centers shall be considered as a conditional land use subject to the requirements and standards of article VII of this chapter and the following standards:
   1. Frontage on either a principal or minor arterial street shall be required.
   2. A separate drop-off and pick-up area shall be provided adjacent to the main building entrance, located off of a public street and the parking access lane, and shall be of sufficient size so as to not create congestion on the site or within a public roadway.
   3. Off-street parking shall be provided at a rate of one space per employee plus one space for every five children enrolled at the facility.
   4. There shall be an outdoor play area of at least 1,200 square feet, or 50 square feet per child, whichever is greater. The outdoor play area shall not be located within the required front yard setback. This requirement may be waived by the Planning Commission if public play area is available 500 feet from the subject parcel.
   5. All outdoor play areas shall be enclosed by a fence or natural barrier that is designed to discourage climbing and is at least four (4) feet in height, but no higher than six (6) feet.
   6. In single-family residentially zoned districts, a daycare center shall only be located on a major or minor thoroughfare as designated in the Master Plan. The Planning Commission may waive this requirement if the proposed child day care center is located within an existing use such as a school, place of worship, or community center.
      
   7. Appropriate licenses with the state shall be maintained.

(Ord. No. 275, § 6.02, 10-21-2003; Ord. No. 2007-02, § 1(6.02), 6-12-2007, Ord. No. 2025-02, 3-25-2025)

State Law reference— Zoning for family day care homes and group day care homes, MCL 125.3206; licensing of child care organizations, MCL 722.111 et seq.

1. Intent. It is the intent of this section to establish standards for adult foster care facilities and foster family homes which will ensure compatibility with adjacent land uses and maintain the character of the neighborhood.
2. Application of regulations.
   1. A state-licensed adult foster care home, foster family home or foster family group home serving six persons or less shall be considered a residential use of property and a permitted use in all residential districts.
   2. The township may, by issuance of a conditional use permit, authorize the establishment of adult foster care homes serving more than six persons in the MR-2 and MR-3 districts. Such facilities shall be prohibited in all other districts.
   3. The township may, by issuance of a conditional use permit, authorize the establishment of an adult foster care congregate facility in the MR-2 and MR-3 districts. Such facilities shall be prohibited in all other districts.
3. Standards for adult foster care homes serving more than six persons. Such homes shall be considered as a conditional land use subject to the requirements and standards of article VII of this chapter and the following additional standards:
   1. A site plan, prepared in accordance with article VI of this chapter, shall be required to be submitted.
   2. The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located, provided there is a minimum site area of 1,500 square feet per adult, excluding employees and/or caregivers.
   3. The property is maintained in a manner that is consistent with the character of the neighborhood.
   4. One off-street parking space per employee and/or caregiver shall be provided.
   5. In its sole discretion, the township may determine that landscape screening in accordance with section 36-345 is required.
   6. Appropriate licenses with the State of Michigan shall be maintained.
4. Standards for adult foster care congregate facilities. Such facilities shall be considered as a conditional land use in the MR-2 and MR-3 districts, subject to the requirements and standards of article VII of this chapter and the following standards:
   1. A site plan, prepared in accordance with article VI of this chapter, shall be required to be submitted.
   2. The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located, provided there is a minimum site area of 1,500 square feet per adult, excluding employees and/or caregivers.
   3. Parking requirements as required for convalescent homes and similar facilities, set forth in article IX of this chapter shall be met.
   4. All landscape requirements set forth in section 36-345 shall be met.
   5. Appropriate licenses with the state shall be maintained.

(Ord. No. 275, § 6.03, 10-21-2003; Ord. No. 2007-02, § 1(6.03), 6-12-2007)

State Law reference— Zoning for adult foster care facilities and foster family homes, MCL 125.3206; adult foster care facility licensing act, MCL 400.701 et seq.; licensing of child care organizations, MCL 722.111 et seq.

1. Intent. It is the intent of this section to promote the goals of the township master plan and to permit the development of single-family dwellings in patterns which will:
   1. Protect and preserve rural character, open space, and productive agricultural lands.
   2. Minimize demand for public services.
   3. Encourage a more creative approach to single-family residential development than conventional land divisions and allow greater flexibility in the siting of units.
   4. Provide a more desirable living environment through the preservation and conservation of natural features such as topography, wetlands, woodlands and vegetation, water bodies and other natural assets.
   5. Reduce the number of driveways accessing county primary and local roads.
   6. Minimize light levels and light pollution.
2. Where applicable. The open space preservation option shall be a permitted use in the RC, A-1, E-R and R-1 districts and in the R-2 and R-3 districts, where sanitary sewers are provided.
3. Criteria. In the review of a proposed development under this section, the township shall make a finding that the intent of the open space preservation option, as set forth in subsection (a) of this section, and one or more of the standards set forth in this subsection are met:
   1. The parcel contains natural assets which would be preserved through the use of open space preservation. Such assets may include woodlands; natural habitat for wildlife; wetlands; bodies of water (i.e., streams, rivers, and lakes); unusual topographic features; or other natural assets which are to be preserved.
   2. The parcel contains productive agricultural lands which would be preserved through the use of cluster development.
   3. When completed, the development shall have at least 50 percent of the land area remaining left perpetually in an undeveloped state, i.e., a conservation easement, plat dedication, restrictive covenant, or other legal means that run with the land.
4. Project density. Land found within the districts noted in subsection (b) of this section may be developed, at the option of the land owner, with the same number of dwelling units on a portion of land that, as determined by the township, could otherwise be developed, under existing ordinances, laws and rules, on the entire land area.
   1. The following special density standards shall apply to land found within the A-1, General agriculture district. The number of dwelling units permitted under the open space preservation option on property zoned A-1 shall not exceed the overall density permitted as of right as set forth in section 36-75, note 3, of the schedule of regulations, plus additional density based upon the application of one of the following criteria, whichever results in the least number of additional dwelling units:
      1. Two dwelling units for the first ten acres plus one dwelling unit for each whole ten acres in excess of the first ten acres of the parcel; or
      2. Seven dwelling units, or ten dwelling units if one of the resulting lots or parcels comprises not less than 60 percent of the area of the parcel being developed.
   2. For the remainder of the districts in which the open space preservation option is permitted, the number of dwelling units permitted under the open space preservation option shall not exceed the overall density permitted as of right for each of the districts under a conventional development.
5. Site design requirements. All open space developments submitted under this option shall conform to the following site design requirements:
   1. Type of dwelling unit permitted. Development is restricted to single-family detached and two-family dwelling units. Projects may be proposed as subdivisions or site condominiums, although portions of projects may include land divisions allowable under state law. In no case shall allowable project density be exceeded.
   2. Common access and road frontage. No lot or parcel shall have direct driveway access to county-designated primary or local roads. All lots or parcels shall have frontage or direct access to a public or private interior road which meets one of the following conditions:
      1. A public street which has been accepted for maintenance by the county road commission.
      2. A permanent and unobstructed private road approved and built in accordance with the township standards for private roads or a road which is part of a condominium development where design, construction, and perpetual maintenance of the road have been approved by the township.
      3. The extent of road frontage shall be determined by the township, in its discretion, taking into consideration: the extent and importance of natural resources, topographical conditions, floodplains, and wetlands to be preserved on the property, the size and shape of the development site, public safety, aesthetics, and impact upon the surrounding developments.
   3. Water supply and sewage disposal.
      1. An applicant shall demonstrate that all lots proposed under the open space preservation option are capable of meeting applicable county and/or state agency approvals for on-site water supply and sewage disposal. Inasmuch as the capability of the parcel for on-site water supply and sewage disposal is material to the determination of potential development density, the township shall require percolation tests, soil borings and other information to determine suitability of soils for on-site sewage disposal. These tests must be conducted under the supervision of a registered engineer, certified sanitarian, or other competent licensed professional in accordance with uniform procedures established by the department of environmental quality.
      2. Pursuant to subsection (d) of this section, a preliminary site plan with a conventional layout is required in order to demonstrate project density. The township board may waive the requirement for percolation tests, soil borings and other information on each individual lot of the preliminary site plan with a conventional layout, when it can be demonstrated by the applicant that one or more of the following conditions exist:
         1. Conduct of the necessary testing would result in unreasonable damage to significant natural resources and features that are intended to be preserved through the application of the rural open space development option.
         2. Previous studies acceptable to the township board have been conducted on the site which verify the suitability of soils and subsurface conditions for on-site water supply and sewage disposal.
   4. Setbacks. Setback requirements shall be established in a manner which permits variation in the siting of individual dwelling units in order to encourage creativity in design and compatibility with natural resources and other features intended to be preserved. The following minimum setback requirements for each dwelling unit shall be applied:
      
      MINIMUM SETBACKS AND LOT WIDTH PER DWELLING UNIT (IN FEET)
      IN SUBDIVISIONS AND SITE CONDOMINIUMS (SINGLE-FAMILY RESIDENTIAL)
      
      

      Setbacks/districts	R-C	A-1	E-R	R-1	R-2	R-3
      Front and rear
      Front	50	40	40	35	35	35
      Rear	40	40	40	25	25	25
      Total front and rear	100	90	70	70	70	70
      Side
      Least	20	15	15	10	10	10
      Total of same lot	50	40	40	25	25	25
      Distance between adjacent dwellings	50	40	40	25	25	25

      MINIMUM SETBACKS AND LOT WIDTH PER DWELLING UNIT (IN FEET)
      IN REGULAR CONDOMINIUMS FOR TWO-FAMILY ATTACHED UNITS
      
      

      Setbacks/districts	R-C	A-1	E-R	R-1	R-2	R-3
      Minimum setbacks*
      Internal drives/street	50	50	50	35	35	35
      Edge of water**	50	50	50	50	50	50
      Distance between bldg.
      (Side to side)	40	40	40	20	20	20
      (Side to front), (side to rear)	55	55	55	35	35	35
      (Front to front), (front to rear), (rear to rear)	70	70	70	50	50	50

      *Where the cluster development contains drives or streets without a recorded easement, setbacks shall be measured from a point 33 feet from the centerline of the drive or street.
      
      **In addition to these minimum requirements, setbacks must be in conformance with the township's natural rivers setback and maintenance regulations.
   5. Open space. When completed, the balance of the parent parcel that is not specifically devoted to development associated with dwelling units shall be left in an undeveloped state.
      1. The percentage of land to be left in an undeveloped state shall be no less than 50 percent of the parent parcel.
      2. The term "undeveloped state" means a natural state preserving natural resources, natural features, or scenic or wooded conditions; agricultural use; open space; or a similar use or condition. Land in an undeveloped state does not include a golf course but may include a recreational trail, picnic area, children's play area, greenway, or linear park. Land in an undeveloped state may be, but is not required to be, dedicated to the use of the public.
      3. Approval of an open space preservation option under this section shall be conditioned upon recording appropriate conservation easements, deed restrictions, plat dedications, restrictive covenants, or other instruments for the purpose of providing for longterm maintenance and preservation of the areas to be left in an undeveloped state. Such easement and/or other instrumentation shall be in a form and contain the content approved by the township attorney and shall run with the land.
   6. Greenbelt adjacent and parallel to I-94, M-14, county primary and local roads. It is the intent of the township that rural open space developments shall not appear to be more intense than conventional developments as viewed from off-site. In addition to any required minimum setback specified in subsection (e)(5) of this section, a greenbelt, having the minimum width of 100 feet, shall be required along any adjacent county primary or local road. The greenbelt shall be measured from the future right-of-way line. The township planning commission, at its discretion, may permit either minor reductions in width or variations in width of the greenbelt taking into consideration topographic and/or other natural resource conditions, density of existing vegetation to be preserved, and size and shape of the development site.
   7. Transition from adjacent parcels. In order to provide an orderly transition of density when an open space development abuts a single-family residential district of equal or lower density, the township, at its discretion, shall require designation of open space and/or the addition of landscape screening along the common boundaries.
6. Procedure for review and approval.
   1. Application requirements. The application for an open space development shall meet all appropriate review requirements under article VI of this chapter, pertaining to site plan review or the subdivision ordinance codified in chapter 20, article III, whichever is applicable.
   2. Preapplication conference. Prior to submitting a preliminary site plan or a tentative preliminary plat, a pre-application conference shall be conducted in accordance with article VI of this chapter. All open space preservation options shall be required to submit a preliminary site plan review and approval, as set forth in article VI of this chapter. A tentative preliminary plat shall meet the requirements of article VI of this chapter.
   3. Plan requirements. In the satisfaction of the requirements of article VI of this chapter and this section, the applicant shall be required to submit the following:
      1. Project narrative and site analysis. A summary explanation and graphic illustration of the development concept and the manner in which the criteria in subsections (a) and (c) of this section are met.
      2. Density concept plan. A plan which illustrates achievable development of the property without application of the rural open space development option and with all applicable ordinances and laws observed, including proof of water supply and sewage disposal as set forth in subsection (e)(4) of this section.
      3. Open space development preliminary plan. A plan which illustrates developments of the property with application of the open space development option.

(Ord. No. 275, § 6.04, 10-21-2003; Ord. No. 2007-02, § 1(6.04), 6-12-2007)

State Law reference— Open space preservation, MCL 125.3506.

1. Uses to meet minimum site area requirements. All uses in the IRP districts shall be located within a subdivision, site condominium or other unified form of land development meeting the minimum site area requirements set forth in section 36-75. However, this provision is not intended to exclude the development of individual sites for the use of a single corporate entity, provided all regulations contained herein are met.
2. Development standards. All IRP developments shall meet the following development standards:
   1. Landscaping. An IRP development, including individual sites located within a subdivision or site condominium, shall meet the applicable requirements of section 36-345. In addition, landscape plans shall contain the following specific elements:
      1. Street trees. The frontage of all internal public or private streets shall be landscaped with the equivalent of one tree for every 50 lineal feet, or fraction thereof. Such street trees shall meet the minimum size and spacing requirements set forth in section 36-345 and shall be an appropriate species for a street environment. The planning commission may determine that existing trees which are preserved will meet all or part of the street tree requirement.
      2. Screening between residential uses. Where an IRP District directly abuts a residentially zoned or used property, a landscaped buffer, a minimum of 50 feet in width, shall be provided. Said landscape buffer shall be in addition to any other required setback. The landscape buffer shall provide screening in accordance with section 36-345.
      3. Other site improvements. The landscape plans shall also include landscaping details of the entrance to the development, stormwater retention and/or detention areas, and any other site improvement which would be enhanced through the addition of landscaping.
   2. Signage. In addition to meeting the requirements of article XII of this chapter, a comprehensive sign plan illustrating identification, directional, traffic safety signs shall be submitted.
   3. Architectural control. Proposed language to be included either in deed restrictions or condominium documents which specify minimum architectural standards for the development of individual lots within the subdivision or site condominium shall be submitted.
   4. Outdoor storage. Outdoor storage shall not be permitted.
   5. Access. For sites developed as subdivisions, site condominiums or other unified form of land development, lot access shall only be provided from internal public or approved private roads. The planning commission may approve access by other means than a public or private road for sites developed for the use of a single corporate entity.
   6. Mechanical and roof-mounted equipment. All mechanical and roof-mounted equipment shall be screened.
   7. Underground utilities. All telephone, gas, electric and cablevision utilities shall be placed underground.

(Ord. No. 275, § 6.05, 10-21-2003; Ord. No. 2007-02, § 1(6.05), 6-12-2007))

State Law reference— Planned unit development, MCL 125.3503.

Single-family and multiple-family dwellings located within the MR-1, MR-2 and MR-3 districts shall be subject to the following:

1. Lot area and density.
   1. Every lot in the MR-1 district on which single-family attached dwellings are erected shall provide a minimum lot area of one acre. Every lot in the MR-2 and MR-3 districts on which multiple-family dwellings are erected shall have a minimum lot area of five acres.
   2. The maximum density of dwelling units per acre shall be as follows:
      1. MR-1, 4 units per acre.
      2. MR-2, 8 units per acre.
      3. MR-3, 10 units per acre.
   3. Single-family detached dwellings in the MR-1, MR-2 and MR-3 districts shall meet all of the area and setback requirements of the R-3 district.
2. Yard requirements.
   1. Front, side and rear yards shall comply with section 36-75.
   2. If more than one building shall be constructed on the same site, the minimum distance between buildings shall be:
      1. When front to rear, front to front, and/or rear to rear, 70 feet.
      2. End to end, 30 feet.
      3. End to front and/or end to rear, 50 feet.
   3. No required yard space or minimum distance between buildings shall be used for required parking, drives or aisles, except that a maximum of 15 percent of these required distances between buildings and required yards may be used for parking, after the off-street parking requirements of this chapter have been met.
3. Maximum units per building. No more than four dwelling units per building shall be built in the MR-1 districts.
4. Minimum floor area per dwelling unit. Each dwelling unit shall comply with the requirements set forth in section 36-98.

(Ord. No. 275, § 6.06, 10-21-2003; Ord. No. 2007-02, § 1(6.06), 6-12-2007)

1. The mobile home code, as established by the manufactured housing commission under the authority of the Michigan mobile home commission act, Public Act No. 96 of 1987 (MCL 125.2301 et seq.), regulates development of mobile home parks.
2. In addition to the rules and standards of the state, the township imposes the following conditions:
   1. Mobile home parks shall be constructed, licensed, operated, and managed in accordance with the provisions of the Michigan mobile home commission act, Public Act No. 96 of 1987 (MCL 125.2301 et seq.), and subsequently adopted rules and regulations governing mobile home parks.
   2. Mobile home parks shall not be permitted on parcels less than ten acres in size.
   3. Individual mobile home sites within a mobile home park shall have a minimum lot size of 5,500 square feet per mobile home being served. This 5,500 square foot minimum may be reduced by 20 percent, provided that the individual site shall be equal to at least 4,400 square feet. For each square foot of land gained through this reduction of the site below 5,500 square feet, an equal amount of land shall be dedicated as open space. In no case shall the open space requirements be less than that required under R125.1946, Rule 946 of the Michigan Administrative Code.
   4. The on-site storage of boat trailers, boats, camping units, horse trailers and similar recreational equipment shall be prohibited on mobile home sites and in designated open space areas. The mobile home park may provide, within the confines of the park, a common outdoor storage area for the storage of the above-mentioned equipment.
   5. Mobile home parks shall be landscaped as follows:
      1. If the mobile home park abuts an existing residential development, the park shall be required to provide screening along the park boundary abutting the residential development.
      2. If the park abuts a nonresidential development, the park need not provide screening.
      3. In all cases, however, a park shall provide screening along the park boundary abutting a public right-of-way.
      The landscaping shall consist of evergreen trees or shrubs a minimum three feet in height, which are spaced so they provide a continuous screen at maturity. Alternative screening devices may be utilized if they conceal the mobile home park as effectively as the required landscaping described in this subsection (b)(5).
   6. Mobile home parks shall be subject to preliminary plan review requirements in accordance with Public Act No. 96 of 1987 (MCL 125.2301 et seq.).
   7. A permit shall not be required for the construction or erection of canopies or awnings which are open on three sides. A building permit shall be required, however, before the construction or erection of any screened, glassed-in, or otherwise enclosed awning or canopy.

(Ord. No. 275, § 6.07, 10-21-2003; Ord. No. 2007-02, § 1(6.07), 6-12-2007)

1. Intent.
   1. It is the intent of this section to regulate large retail establishments, whether located as an individual use on a single site or as part of a shopping center with a grouping of attached and/or detached buildings. While it is recognized that large scale retail establishments may provide goods and services to township residents, such stores are primarily focused on attracting consumers from a market area larger than the township. Therefore, specific standards are required to ensure that large scale retail stores can be adequately served by and do not create an inordinate impact upon roads, utilities, storm drainage and police and fire services.
   2. It is further intended by this section that large scale retail establishments be designed in a manner that is compatible with the residential character of the township and complement the substantial public investment made in the Jackson Road Corridor by the Downtown Development Authority and other public agencies.
2. Location. Large retail establishments shall be located as a conditional use within the I-1, C-2, C-3 and C-4 district on sites having direct frontage on Jackson Road or abutting property which will provide a site with direct access to Jackson Road.
3. Minimum area and width. Large scale retail stores developed individually or in combination shall have a minimum area of ten acres. Sites of less than ten acres may be approved, in the sole discretion of the township board, when it is demonstrated by the applicant that the following conditions are met:
   1. The site will be developed without the need for variances from the requirements for maximum lot cover, maximum floor area cover, maximum height, or minimum yard (setback) requirements of the districts in which the site is located.
   2. All design standards set fourth in subsection (d) of this section are met.
   3. Sufficient area is available to meet all landscaping and buffering standards set forth in section 36-345.
4. Design standards. The applicant shall demonstrate in the submission of a site plan and supportive material that the following design standards are met:
   1. Aesthetic character.
      1. Facades and exterior walls.
         1. Facades greater than 100 feet in length, measured horizontally, shall incorporate projections or recesses extending at least 20 percent of the length of the facade. No uninterrupted length of any facade shall exceed 100 horizontal feet.
         2. Ground floor facades that face public streets shall have arcades, display windows, entry areas, awnings or other such features along no less than 50 percent of their horizontal length.
         3. Building facades must include a repeating pattern that includes no less than two of the following elements:
            1. Color change;
            2. Texture change;
            3. An expression of architectural or structural bays through a change in plane no less than 12 inches in width, such as an offset, reveal or projecting rib.
      2. Roofs. Roofs shall exhibit one or more of the following features depending upon the nature of the roof and building design:
         1. Flat roof. Parapets concealing flat roofs and rooftop equipment such as HVAC units from public view are required. Parapets shall not exceed one-third of the height of the supporting wall at any point.
         2. Pitched roof.
            1. Overhanging eaves, extending no less than three feet past the supporting walls;
            2. An average slope greater than or equal to one foot of vertical rise for every three feet of horizontal run and less than or equal to one foot of vertical rise for every one foot of horizontal run;
            3. Three or more roof slope planes.
      3. Materials and colors.
         1. Predominant exterior building materials shall be of high quality materials, including, but not limited to, brick, stone, and integrally tinted/textured concrete masonry units.
         2. Facade colors shall be low reflectance, subtle, neutral or earth tone colors. The use of high-intensity colors, metallic colors, black or fluorescent colors shall be prohibited.
         3. Building trim and accent areas may feature brighter colors, including primary colors, but neon tubing shall not be an acceptable feature for building trim or accent areas.
         4. Exterior building materials shall provide texture to at least 50 percent of the facade and shall not be completely made up of smooth-faced concrete block, tilt-up concrete panels or prefabricated steel panels.
      4. Entryways. Each principal building on a site shall have clearly defined, highly visible customer entrances featuring no less than three of the following:
         1. Canopies or porticos;
         2. Overhangs;
         3. Recesses/projection;
         4. Arcades;
         5. Raised corniced parapets over the door;
         6. Peaked roof forms;
         7. Arches;
         8. Outdoor patios;
         9. Display windows;
         10. Architectural details such as tile work and moldings which are integrated into the building structure and design;
         11. Integral planters or wing walls that incorporate landscaped areas and/or places for sitting;
         12. Pavement/material changes at drive crossings to better define pedestrian crosswalks.
   2. Site design.
      1. Parking lot location. No more than 50 percent of the off-street parking area devoted to the large scale retail establishment shall be located within the front yard and between the front facade of the principal building and the abutting streets.
      2. Connectivity. The site design must provide direct connections and safe street crossings to adjacent land uses. Pavement/material changes at drive crossings shall be installed to better define pedestrian crosswalks.
      3. Pedestrian circulation.
         1. Sidewalks at least eight feet in width shall be provided along all sides of the lot that abut a public street.
         2. Internal pedestrian walkways, no less than six feet in width, shall be provided connecting the public sidewalk to the principal customer entrance of all principal buildings on the site. At a minimum, walkways shall connect focal points of pedestrian activity such as, but not limited to, transit stops, street crossings, building and store entry points, and shall feature adjoining landscaped areas that include trees, shrubs, benches, flower beds, ground covers or other such materials for no less than 50 percent of the length of the walkway.
         3. Sidewalks, no less than eight feet in width, shall be provided along the full length of the building along any facade featuring a customer entrance, and along any facade abutting public parking areas. Such sidewalks shall be located at least ten feet from the facade of the building to provide planting beds for foundation landscaping, except where features such as arcades or entryways are part of the facade.
         4. All internal pedestrian walkways which cross or are incorporated with vehicular driving surfaces shall be distinguished from such driving surfaces through the use of durable, low maintenance surface materials such as pavers, bricks or scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways. Surface materials used for internal pedestrian walkways shall be designed to accommodate shopping carts.
      4. Central features and community space. Each large scale retail establishment subject to these standards shall contribute to the establishment or enhancement of community and public spaces by providing at least two of the following: patio/seating area, pedestrian plaza with benches, transportation center, window shopping walkway, outdoor playground area, kiosk area, water feature, clock tower or other such deliberately shaped area and/or a focal feature or amenity that, in the judgment of the township, adequately enhances such community and public spaces. Any such areas shall have direct access to the public sidewalk network and such features shall not be constructed of materials that are inferior to the principal materials of the building and landscape.
      5. Delivery/loading operations. Loading docks, trash collection, outdoor storage and similar facilities and functions shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. Use of screening materials that are different from or inferior to the principal materials of the building and landscape is prohibited. No delivery, loading, trash removal or compaction, or other such operations shall be permitted between the hours of 10:00 p.m. and 7:00 a.m. unless the applicant submits evidence that sound barriers between all areas for such operations effectively reduce noise emissions to a level of 45 dB, as measured at the lot line of any adjoining property. Delivery/loading operations shall be setback a minimum of 50 feet from adjacent residentially zoned property.
5. Traffic impact. The applicant shall submit a detailed traffic study in a form that is acceptable to the township, prepared by a recognized and independent traffic engineer, demonstrating the impact of the large scale retail establishment on the transportation network. Based on the results of the traffic impact study, the applicant shall propose methods of mitigating any adverse impacts to the transportation network and show to what degree the proposed methods maintain or improve the operating levels of the impacted streets and intersections.

(Ord. No. 275, § 6.08, 10-21-2003; Ord. No. 2007-02, § 1(6.08), 6-12-2007; Ord. No. 2009-01, § IV(A), 1-27-2009)

1. General standards.
   1. Class I animals may be maintained in any zoning classification district, subject to specific restrictions herein.
   2. Where farm animals are maintained coincident with a farm or farm operation, then and in such event, such farm animals and/or any associated livestock production facility shall be exempt from the regulations herein where a livestock production facility and/or any associated manure storage facilities are regulated, operated, managed and conducted in accordance with a GAAMP as adopted and published by the state commission of agriculture, or its successor, and as amended from time to time. Where a farm or farm operation proposes new and/or expanding livestock production facilities at a capacity of fewer than 50 animal units, such farm or farm operation and/or livestock production facility shall request and received sitting verification from the state department of agriculture.
   3. Where class II and class III animals are not maintained coincident with a farm or farm operation, then the following regulations shall apply:
      1. Class II animals may be maintained in the RC, A-1 and ER districts, subject to the following conditions:
         1. The minimum lot area required to maintain class II animals is five acres. One class II animal, except horses, shall be permitted for the first five acres. Thereafter, one additional class II animal except horses shall be permitted for each full one acre in excess of five acres.
         2. The minimum lot area required to maintain horses is five acres. Two horses shall be permitted for the first five acres. Thereafter, two additional horses shall be permitted for each full 2 1/2 acres.
         3. There shall be adequate fencing, or other restraining device, for the purpose of maintaining animals within the restricted areas provided for in this chapter.
         4. Structures housing class II animals shall be located no nearer than 200 feet to any dwelling which exists on an adjacent lot and no nearer than 100 feet to any adjacent lot line. Fenced areas shall be located no nearer than 50 feet from any dwelling which exists on an adjacent lot.
         5. The refuse and wastes resulting from the maintenance of animals shall be controlled upon the premises, and shall be cared for or disposed of within a reasonable time so as to minimize hazards of health and offensive effects upon neighboring people and uses.
         6. All feed and other substances and materials on the premises for the maintenance of animals shall be stored so as to not attract rats, mice, or other vermin.
      2. Class III animals (except chickens which are regulated under subsection (d) below) may be maintained in the RC, A-1 and ER districts, subject to the following conditions:
         1. The minimum lot area required to maintain class III animals shall be 2 1/2 acres. Ten class III animals shall be permitted for the first 2 1/2 acres. Thereafter, one additional class III animal shall be permitted for each full one-quarter acre in excess of 2 1/2 acres.
         2. There shall be adequate fencing, or other restraining device, for the purpose of maintaining animals within the restricted areas provided for in this chapter. Fenced areas shall be located no nearer than 50 feet from any dwelling which exist on an adjacent lot.
         3. Structures housing class III animals shall be located no nearer than 100 feet to any dwelling which exists on an adjacent lot and no nearer than 50 feet to any adjacent lot line.
         4. The refuse and wastes resulting from the maintenance of animals shall be controlled upon the premises, and shall be cared for or disposed of within a reasonable time so as to minimize hazards of health and offensive effects upon neighboring people and uses.
         5. All feed and other substances and materials on the premises for the maintenance of animals shall be stored so as to not attract rats, mice or other vermin.
   4. Except as authorized in a wildlife preserve approved by the township, wild animals shall not be permitted to be maintained in the township, temporarily or permanently. For purposes of this section, the term "wild animal" shall mean an animal not otherwise defined as a class I, II, or III animal, and which is not customarily domesticated and customarily devoted to the service of mankind in the township. The term "wild animal" also means any animal which a person is prohibited from possessing by law. The characterization of an animal as being wild shall not be altered by virtue of the fact that one or several generations of the animal in question have been maintained in captivity.
2. Hobby and commercial kennels.
   1. Hobby kennels shall be permitted as an accessory use in any zoning district where single-family dwellings are permitted uses.
   2. Commercial kennels shall be a conditional use in the C-2, RC and A-1 districts subject to the following conditions:
      1. A minimum lot size of five acres in the C-2 district and ten acres in the RC and A-1 districts shall be maintained.
      2. Any building or fenced area where animals are kept shall be located a minimum of 200 feet from any public right-of-way, 100 feet from any property line, and 150 feet from any residential dwelling located off the premises.
      3. The kennel shall be established and maintained in accordance with all applicable state, county and township sanitation regulations. Odor, dust, noise, drainage or insects shall not constitute a nuisance to adjoining properties.
      4. A site plan shall be submitted in accordance with article VI of this chapter.
3. Hobby and commercial horse stables.
   1. An indoor riding arena, whether for a hobby or commercial horse stable, shall require a minimum of ten acres.
   2. Hobby stables shall be permitted as an accessory use in the RC, A-1 and ER districts subject to the restrictions set forth in subsection (a)(2) of this section.
   3. Commercial stables shall be a conditional use in the RC and A-1 districts, subject to the restrictions set forth in subsection (a)(2) of this section, and the following additional conditions:
      1. The minimum lot area required for a commercial stable shall be ten acres. Six horses shall be permitted for the first ten acres. Thereafter, one additional horse shall be permitted for each full one acre in excess of ten acres.
      2. A commercial stable shall be established and maintained in accordance with all applicable state, county and township sanitation regulations.
      3. A site plan shall be submitted in accordance with article VI of this chapter.
         
         
         

(d) Keeping of Chickens in Residential Districts. The keeping of chickens for non-commercial purposes is permitted in the RC, A-1, ER, R-1, R-2, R-3, or R-4 districts when kept in such a manner
that the following standards are complied with:

(1) This activity shall remain an accessory use, incidental to the principal use of the lot for the principal dwelling of the property owner or their tenants.

(2) The number of hens shall be based on the property size as described below:

a. For property up to 0.25 acres in size, a maximum of five (5) hens shall be allowed.

b. For property 0.26 acres in size to 0.5 acres in size, a maximum of ten (10) hens shall be allowed.

c. For property 0.51 acres to 1.0 acre in size, a maximum of fifteen (15) hens shall be allowed.

d. For property 1.01 acres to 2.0 acres in size, a maximum of twenty (20) hens shall be allowed.

e. For property 2.01 acres and greater in size, a maximum of twenty-five (25) hens shall be allowed.

(3) Roosters may be kept as long as the maximum number of animals noted in subsection (2) above is not exceeded. Noise from roosters is subject to the standards outlined in Article 16-11,
Nuisance Abatement of the Scio Township Codified Ordinances.

(4) Chickens must be kept as family pets or to lay eggs for personal consumption only.

(5) The chickens shall be provided with a covered, predator-proof enclosure that is thoroughly ventilated, of sufficient size to admit free movement of the chickens, designed to be
easily accessed, cleaned, and maintained by the owners, and be at least two (2) square feet per chicken in size. All enclosures for the keeping of chickens shall be so constructed
or repaired as to prevent rats, mice, or other rodents from being harbored underneath, within, or within the walls of the enclosure.

(6) The chickens shall be shut into the enclosure at night, from sunset to sunrise.

(7) All feed shall be stored in rodent and predator-proof containers.

(8) All containers, shelters, pens, and enclosures shall conform to the minimum yard setbacks for the zoning district.

(9) Slaughtering of chickens on the premises for commercial purposes is prohibited.

(Ord. No. 275, § 6.09, 10-21-2003; Ord. No. 2007-02, § 1(6.09), 6-12-2007; Ord. No. 2009-01, § IV(B), 1-27-2009)

1. Lot width. The minimum lot width for religious institutions shall be 200 feet.
2. Lot area. The minimum lot area for religious institutions shall be 2.5 acres.
3. Parking setback. Off-street parking shall be prohibited in the front setback area. Off-street parking shall have a setback of no less than 20 feet from any property boundary.
4. Building setback. Religious institutions shall comply with the required setbacks in the district in which located provided setbacks are no less than the following:
   1. Front yard, 50 feet.
   2. Side yard, 25 feet.
   3. Rear yard, 50 feet.
5. Frontage and access. Religious institutions shall have frontage on and direct access to a paved public road.
6. Landscaping. Religious institutions shall comply with the landscaping requirements set forth in section 36-345.
7. Ancillary facilities. Whenever facilities such as community halls, fellowship or social halls, recreation facilities and other similar uses are proposed as incidental to the principal church or worship facility use, such secondary facilities shall not be constructed or occupied in advance of the sanctuary or principal worship area of the church complex.
   1. The seating capacity of such incidental use areas shall not exceed that of the sanctuary or principal worship area of the church complex.
   2. Such incidental facilities must be used for church, worship, or religious education purposes, in a manner which is consistent with residential zoning and compatible with adjacent residential property. They shall not be used, leased, or rented for commercial purposes.

(Ord. No. 275, § 6.10, 10-21-2003; Ord. No. 2007-02, § 1(6.10), 6-12-2007)

1. Vehicle filling stations shall be subject to the following:
   1. The lot for the vehicle service station shall have 150 feet of frontage on the principal street serving the station.
   2. The use at the proposed location will not create a traffic hazard or traffic nuisance because of its location or the location of its driveways:
      1. As compared to similar uses;
      2. Considering turning movements to its driveways in relation to other buildings or proposed buildings on or near the site and the traffic pattern from such buildings;
      3. Considering its location near a vehicular or pedestrian entrance or crossing to a public or private school, park, playground or hospital, or other public use or place of public assembly; or
      4. Considering its location and proximity to other surrounding uses.
   3. The maximum width of all driveways at the right-of-way line shall be no more than 30 feet. Whenever possible, a combined driveway for both service station and an adjacent commercial property shall be designated and provided.
   4. If a separate automobile wash is proposed, it must comply with the standard set forth in subsection (b) of this section.
   5. Additional screening or noise buffering may be required at the discretion of the township taking into consideration adjacent land uses.
   6. All buildings must be oriented so that service bay doors face away from any abutting residentially zoned or used property.
   7. If a canopy is proposed over the gasoline pumps, the canopy design must relate to the facade design of the main building, and shall not exceed 14 feet in height. Where design permits, the pump island canopy structure shall be attached to and made an integral part of the main building structure. The location of the canopy must meet all minimum setback requirements for the district. Canopy lighting shall meet the requirements of section 36-315.
   8. All vending machines, except ice machines and telephone booths, shall be located inside the building. Ice machines located outside the principal building shall be located immediately adjacent to the building in an enclosure designed to be an integral part of the building and improved for such purpose.
   9. All outside display racks and outside storage of products for sale are prohibited.
2. Vehicle washes shall be subject to the following:
   1. All washing activities shall be carried on within a building. Vacuuming activities shall be located at least 25 feet from adjacent residentially zoned or used property.
   2. All maneuvering areas, stacking lanes, and exit aprons shall be located on the vehicle wash site. Streets shall not be used for maneuvering or parking by vehicles to be serviced by the wash. A minimum distance of 50 feet shall be maintained between the exit doors of the wash structure to the nearest exit driveway to permit adequate time for excess water to drip off of the vehicle. Adequate drainage shall be provided to collect excess water from vehicle washing.
   3. Automatic vehicle wash facilities shall have a mechanical dryer operation at the end of the wash cycle. The use of such dryers shall be mandatory during subfreezing weather. In the case of a self-service or manual car wash, sufficient space shall be provided for drying of the vehicle undercarriage during subfreezing weather prior to exiting onto the public thoroughfare.
   4. All vehicle car wash facilities must provide a heated concrete exit ramp for each wash bay at least 20 feet in length and of a width equal to that of the exit drive.
3. Vehicle repair facilities and collision repair facilities shall be subject to the following:
   1. The outside storage of permitted automobiles shall be screened as follows: All vehicles shall be screened from off-site view by solid walls (including building walls) or fences at least eight feet in height. However, a screening wall or fence less than eight feet high, but not less than six feet high, existing on the date of enactment of this provision may serve in lieu of such eight-foot wall or fence. The material and surface of such walls or fences shall be approved by the body responsible for site plan review, vine-covered or otherwise improved by the use of planting. All outside storage areas shall be specifically shown on the site plan, and be approved by the township.
   2. Wrecked, damaged or otherwise inoperable motor vehicles shall be stored in said parking/storage area for a period not to exceed 72 hours. No more than a total of three such vehicles per service bay shall be stored at any time.
   3. Adequate means of sanitary disposal of any waste material shall be provided.
   4. Storage of materials, supplies, equipment or similar items shall be in an enclosed building.
   5. Dismantling and/or salvaging of vehicles for parts recovery in this district is prohibited.
   6. Vehicle service shall not take place in required loading areas or in required parking spaces, aisles and drives.
   7. There shall be no retail sales of salvaged auto parts.
   8. The parking of tow trucks shall be permitted only in designated areas and shall not be permitted in the corner clearance area.
4. Truck stops shall be subject to the following regulations:
   1. All buildings established in relation to a truck stop shall be no closer than 500 feet from residentially zoned or used property.
   2. The width of any driveway intended to accommodate truck traffic shall not exceed 36 feet wide at the right-of-way line.
   3. The facility shall provide adequate parking for truck layover, truck scales and adequate space for queuing at gas/fuel islands.
   4. Outdoor storage of disabled vehicles is prohibited.
   5. Outdoor storage of truck parts or supplies is prohibited.
5. Vehicle towing service, only as an accessory service to a vehicle filling station, vehicle repair facility, or vehicle collision repair facility, shall be subject to the following conditions:
   1. A screened area, removed from on-site traffic circulation patterns, shall be provided for the exclusive parking of the tow trucks and the storage of vehicles waiting to be serviced. Outdoor storage of tow trucks and vehicles being repaired shall be screened as follows: All vehicles shall be screened from off-site view by a solid wall (including building walls) or fence at least eight feet in height. However, a screening wall or fence less than eight feet high, but not less than six feet high, existing on the date of enactment of this provision may serve in lieu of such eight-foot wall or fence. The material and surface of such walls or fences shall be approved by the body responsible for site plan approval.
   2. Wrecked, damaged or otherwise inoperable motor vehicles serviced by said tow trucks shall be stored in said parking/storage area for a period not to exceed 72 hours. No more than a total of three such vehicles per service bay shall be stored at any time.
   3. Vehicle impoundment facilities for the acceptance and storage of impounded cars are prohibited.

(Ord. No. 275, § 6.11, 10-21-2003; Ord. No. 2007-02, § 1(6.11), 6-12-2007; Ord. No. 2011-06, § 1, 12-13-2011)

In addition to other regulations set forth in this chapter, all salvage yards shall conform to the following requirements:

1. All materials stored outside shall be enclosed within a solid, unpierced fence or wall at least eight feet in height, and not less in height than the materials. The fence or wall shall meet all setback requirements of the district in which the salvage yard is located. All gates, doors, and accessways through said fence or wall shall be of solid, unpierced materials. In no event shall any materials to be stored in the area between the lines of said lot and the solid, unpierced fence or wall.
2. All ingress or egress shall be limited to one entrance to a major thoroughfare as identified in the township master plan.
3. On the lot on which a salvage yard is to be operated, all roads, driveways, parking lots, and loading and unloading areas shall be paved, so as to limit the nuisance caused by windborne dust on adjoining lots and public roads.

(Ord. No. 275, § 6.12, 10-21-2003; Ord. No. 2007-02, § 1(6.12), 6-12-2007)

1. Outdoor sales and display areas shall be located behind the front face of the building. Outdoor sales and display areas shall be permitted within the required side or rear yard setbacks provided a minimum ten-foot setback is maintained between the sales and display area and the side and rear lot lines of abutting properties.
2. Outdoor sales and display areas which abut residentially zoned or used property shall be screened in accordance with section 36-345.
3. All areas intended for the outdoor sales and display of vehicles and manufactured and mobile homes shall be designed and constructed in accordance with section 36-278(i).
4. Outdoor storage of vehicle parts, parts salvage or supplies is prohibited.
5. Strings of flags, pennants, or bare bulbs are prohibited.

(Ord. No. 275, § 6.13, 10-21-2003; Ord. No. 2007-02, § 1(6.13), 6-12-2007)

1. No activity other than rental of storage units and the rental of outside storage space for recreational vehicles shall be allowed. No commercial, wholesale, retail, industrial or other business use on, or operated from, the facility shall be allowed.
2. The storage of any toxic, corrosive, flammable or hazardous materials is prohibited.
3. Other than the storage of recreation vehicles, all storage shall be contained within a building. All recreational vehicle storage shall be screened from the view of neighboring properties and public roads in accordance with section 36-345.
4. Exterior walls of all storage units shall be of masonry construction.
5. All storage units must be accessible by safe circular drives clearly marked to distinguish direction and designed to accommodate fire trucks, as well as other trucks that will customarily access the site. A minimum drive of 24 feet shall be provided between buildings and 18 feet when a drive is serving a single row of buildings.

(Ord. No. 275, § 6.14, 10-21-2003; Ord. No. 2007-02, § 1(6.14), 6-12-2007)

Campgrounds shall be subject to the following:

1. The minimum site area shall be 20 acres.
2. The site shall have direct accessibility to a paved public road.
3. A minimum 100-foot setback shall be established around the perimeter of the property for the purpose of buffering a private campground or recreational vehicle park in relation to adjacent residentially zoned or used properties. The perimeter buffer shall be kept in its natural state. Where natural vegetation or land contours are insufficient to buffer a private campground or recreational vehicle park in relation to surrounding properties, the township may require additional setback, landscaping and/or berming.
4. Temporary campgrounds are strictly prohibited.
5. Mobile homes shall not be permitted to be located within a campground.
6. The use and occupancy of a campground shall be in strict compliance with the current laws and requirements of the state governing such uses.
7. Any proposed sound system shall be reviewed by the planning commission to ensure that it does not impact on adjacent land uses. In no case shall outdoor speakers be directed towards residentially zoned or used property.

(Ord. No. 275, § 6.15, 10-21-2003; Ord. No. 2007-02, § 1(6.15), 6-12-2007)

State Law reference— Campground licensing and registration, MCL 333.12501 et seq.

Golf courses, country clubs, and swim clubs shall be subject to the following:

1. Golf courses may also include accessory clubhouses, driving ranges, pro shops and maintenance buildings.
2. Country clubs and swim clubs may also include accessory clubhouses and maintenance buildings.
3. The location of structures, such as the clubhouse and accessory buildings, and their operations shall be reviewed by the planning commission to ensure minimum disruption of the adjacent properties. In no case shall any structure be located any closer than 50 feet from adjacent residentially zoned or used property.
4. All storage, service and maintenance areas, when visible from adjoining residentially zoned or used land, shall be screened from view in accordance with section 36-345.
5. Any proposed lighting and sound systems shall be reviewed by the planning commission to ensure that they do not impact on adjacent land uses. Outdoor speakers or lighting shall not be directed towards residentially zoned or used property.

(Ord. No. 275, § 6.16, 10-21-2003; Ord. No. 2007-02, § 1(6.16), 6-12-2007)

1. Purpose and intent.
   1. It is the general purpose and intent of the township to carry out the will of the United States Congress by authorizing communication facilities needed to operate wireless communication systems. However, it is the further purpose and intent of the township to provide for such authorization in a manner which will protect the public health, safety and welfare and retain the integrity of neighborhoods and the character, property values and aesthetic quality of the community at large. In fashioning and administering the provisions of this section, attempt has been made to balance these potentially competing interests.
   2. Recognizing the number of providers authorized to establish and operate wireless communication services and coverage, it is the further purpose and intent of this section to:
      1. Facilitate adequate and efficient provision of sites for wireless communication facilities and ensure that wireless communication facilities are situated in appropriate locations and relationships to other land uses, structures and buildings.
      2. Establish predetermined districts in the location considered best for the establishment of wireless communication facilities, subject to applicable standards and conditions.
      3. Recognize that operation of a wireless communication system may require the establishment of facilities in locations not within the predetermined districts. In such cases, it has been determined that it is likely that there will be greater adverse impact upon neighborhoods and areas within the community. Consequently, more stringent standards and conditions should apply to the review, approval and use of such facilities.
      4. Limit inappropriate physical and aesthetic overcrowding of land use activities and avoid adverse impact upon existing population, transportation systems, and other public services and facility needs.
      5. Provide for adequate information about plans for wireless communication facilities in order to permit the community to effectively plan for the location of such facilities.
      6. Minimize the adverse impacts of technological obsolescence of such facilities, including a requirement to remove unused and/or unnecessary facilities in a timely manner.
      7. Minimize the negative visual impact of wireless communication facilities on neighborhoods, community landmarks, historic sites and buildings, natural beauty areas and public rights-of-way. This contemplates the establishment of as few structures as reasonably feasible, the use of structures which are designed for compatibility, and the use of existing structures.
2. Authorization.
   1. As a permitted use. In all zoning districts, a proposal to establish a new wireless communication facility shall be deemed a permitted use in the following circumstances, subject to the standards set forth in subsections (c) through (e) of this section:
      1. An existing structure which will serve as an attached wireless communication facility within a nonresidential zoning district, where the existing structure is not proposed to be either materially altered or changed in appearance.
      2. A proposed collocation upon an attached wireless communication facility which has been approved by the township for such collocation.
      3. An existing utility pole structure located within a right-of-way, which will also serve as an attached wireless communication facility where the existing pole is not proposed to be materially altered or changed in appearance.
   2. As a conditional use.
      1. Subject to the standards and conditions set forth in subsections (c) through (e) of this section, wireless communication facilities shall be a conditional use in the following districts: I-1, I-2, I-3 and IRP.
      2. If it is demonstrated by an applicant that a wireless communication facility, in order to operate, is required to be established outside of an area identified in either subsection (b)(1) or (b)(2)a of this section, such wireless communication facilities may be considered elsewhere in the township as a conditional use, subject to the following:
         1. At the time of the submittal, the applicant shall demonstrate that a location within the districts identified in subsection (b)(1) or (b)(2)a of this section cannot reasonably meet the coverage and/or capacity needs of the applicant.
         2. Wireless communication facilities shall be of a design such as, without limitation, a steeple, bell tower, or the form which is compatible with the existing character of the proposed site, neighborhood and general area, as approved by the township.
         3. Locations outside of the areas identified in subsection (b)(1) or (b)(2)a of this section shall be permitted on the following sites, subject to application of all other standards contained in this section:
            1. Municipally owned site.
            2. Other governmentally owned site.
            3. Religious or other institutional site.
            4. Public or private school site.
         4. All other criteria and standards set forth in subsections (d) and (d) of this section are met.
3. General regulations.
   1. Standards and conditions applicable to all facilities. All applications for wireless communication facilities shall be reviewed in accordance with the following standards and conditions, and, if approved, shall be constructed and maintained in accordance with such standards and conditions:
      1. Facilities shall not be demonstrably injurious to neighborhoods or otherwise detrimental to the public safety and welfare.
      2. Facilities shall be located and designed to be compatible with the existing character of the proposed site and harmonious with surrounding areas.
      3. Facilities shall comply with applicable federal and state standards relative to the environmental effects of radio frequency emissions.
      4. Applicants shall demonstrate an engineering justification for the proposed height of the structures and an evaluation of alternative designs which might result in lower heights.
      5. The following additional standards shall be met:
         1. The maximum height of the new or modified support structure and antenna shall not exceed 180 feet and shall be the minimum height demonstrated to be necessary for reasonable communication by the applicant and by other entities to collocate on the structure. Additional height over 180 feet may be permitted, in the sole discretion of the township board, when it can be demonstrated by the applicant that additional height is required to permit collocation. Evidence of collocation shall be provided by the applicant if additional height over 180 feet is requested. The accessory building contemplated to enclose such things as switching equipment shall be limited to the maximum height for accessory structures within the respective district.
         2. The setback of the support structure and accessory structures shall be 500 feet from the boundary of any residentially zoned property. Otherwise, the setback shall be equal to the height of the support structure from an adjacent property boundary. The setback of the support structure from any existing or proposed rights-of-way or other publicly traveled roads shall be no less than the height of the support structure.
         3. There shall be unobstructed access to the support structure, for police, fire and emergency vehicles, and, for operation, maintenance, repair and inspection purposes, which may be provided through or over an easement. This access shall meet the requirements for class C roads set forth in chapter 24, pertaining to private roads.
         4. The division of property for the purpose of locating a wireless communication facility is prohibited unless all zoning requirements and conditions are met.
         5. The equipment enclosure may be located within the principal building or may be an accessory building. If proposed as an accessory building, it shall conform to all district requirements for principal buildings, including yard setbacks. Where an attached wireless communication facility is proposed on the roof of a building, any equipment enclosure proposed as a roof appliance or penthouse on the building shall be designed, constructed and maintained to be architecturally compatible with the principal building.
         6. The township shall, with respect to the color of the support structure and all accessory buildings, review and approve so as to minimize distraction, reduce visibility, maximize aesthetic appearance, and ensure compatibility with surroundings. It shall be the responsibility of the applicant to maintain the wireless communication facility in a neat and orderly condition. If lighting is required by the Federal Aviation Administration, Federal Communications Commission, Michigan Aeronautics Commission, or other governmental agencies, unless otherwise required, it shall be red between sunset and sunrise, white between sunrise and sunset, and shall blink or flash at the longest permitted intervals.
         7. The support system shall be constructed in accordance with all applicable building codes and shall include the submission of a soils report from a geotechnical engineer licensed in the state. This soils report shall include soil borings and statements indicating the suitability of soil conditions for the proposed use. The requirements of the Federal Aviation Administration, Federal Communication Commission, and Michigan Aeronautics Commission shall be submitted by the applicant in the original application for approval. The applicant shall furnish a written certification from the manufacturer or designer of the support system that the support system has been evaluated by a registered professional engineer and that the support system can safely accommodate attached antennas under expected weather conditions.
         8. A maintenance plan, and any applicable maintenance agreement, shall be presented and approved as part of the site plan for the proposed facility. Such plan shall be designed to ensure the longterm, continuous maintenance to a reasonably prudent standard. Such plans shall include the names, pager number, if any, business and home telephone numbers, mobile telephone numbers, if any, and identity of no fewer than two persons who can be contacted at any hour of the day or night who have full authority to act on behalf of the applicant in the event of a malfunction or emergency. Such list of persons shall be kept current and updated or confirmed to the township in writing at least every four months, and shall be posted prominently on the premises so as to afford convenient viewing to a person on the outside of the premises where the facility is located.
   2. Standards and conditions applicable to conditional land use facilities. Applications for wireless communication facilities which may be approved as conditional land uses shall be reviewed, and if approved, constructed and maintained, in accordance with the standards and conditions in subsection (c)(1) of this section and in accordance with the following standards:
      1. The applicant shall demonstrate the need for the proposed facility based upon one or more of the following factors:
         1. Proximity to an interstate or major thoroughfare.
         2. Areas of population concentration.
         3. Concentration of commercial, industrial, and/or other business centers.
         4. Areas where signal interference has occurred due to tall buildings, masses of trees, or other obstructions.
         5. Topography of the proposed facility location in relation to other facilities with which the proposed facility is to operate.
         6. Other specifically identified reason creating facility need.
      2. The proposal shall be reviewed in conformity with the collocation requirements of this section.
4. Application requirements.
   1. A site plan prepared in accordance with article VI of this chapter shall be submitted, showing the location, size, screening, lighting and design of all buildings and structures.
   2. The site plan shall also include a detailed landscape plan prepared in accordance with section 36-345. The purpose of landscaping is to provide screening and aesthetic enhancement for the structure base, accessory buildings and enclosure. In all cases, fencing of a minimum of six feet in height shall be required for protection of the support structure and security from children and other persons who may otherwise access facilities.
   3. The application shall include a description of security to be posted at the time of receiving a building permit to ensure removal of the facility when it has been abandoned or is no longer needed, as provided in subsection (f) of this section. In this regard, the security shall be posted and maintained in the form of:
      1. Cash;
      2. Surety bond;
      3. Irrevocable letter of credit; or
      4. Other security arrangement accepted by the township board.
   4. The application shall include a map showing existing and known proposed wireless communication facilities within the township, and further showing existing and known proposed wireless communication facilities within areas surrounding the borders of the township in the location, and in the area, which are relevant in terms of potential collocation or in demonstrating the need for the proposed facility. If and to the extent the information in question is on file with the community, the applicant shall be required only to update as needed. Any proprietary information may be submitted with a request for confidentiality in connection with the development of governmental policy, in accordance with MCL 15.243(1)(g). This chapter shall serve as the promise to maintain confidentiality to the extent permitted by law. The request for confidentiality must be prominently stated in order to bring it to the attention of the community.
   5. The name, address identity, home and business telephone numbers, pager number, if any, and mobile home number, if any, of the person to contact for engineering, maintenance and other notice purposes. This information shall be continuously updated or confirmed in writing to the township no less than every four months, during all time the facility is on the premises.
5. Collocation.
   1. Statement of policy. It is the policy of the township to minimize the overall number of newly established locations for wireless communication facilities and wireless communication support structures within the community, and encourage the use of existing structures for attached wireless communication facility purposes, consistent with the statement of purpose and intent, set forth in subsection (a) of this section, pertaining to purpose and intent. Each licensed provider of a wireless communication facility must, by law, be permitted to locate sufficient facilities in order to achieve the objectives promulgated by the United States Congress. However, particularly in light of the dramatic increase in the number of wireless communication facilities reasonably anticipated to occur as a result of the change of federal law and policy in and relating to the Federal Telecommunications Act of 1996, it is the policy of the township that all users should collocate on attached wireless communication facilities and wireless communication support structures in the interest of achieving the purposes and intent of this section, as stated above, and as stated in subsection (a) of this section. If a provider fails or refuses to permit collocation on a facility owned or otherwise controlled by it, where collocation is feasible, the result will be that a new and unnecessary additional structure will be compelled, in direct violation of and in direct contradiction to the basic policy, intent and purpose of the township. The provisions of this subsection are designed to carry out and encourage conformity with the policy of the township.
   2. Feasibility of collocation. Collocation shall be deemed to be feasible for purposes of this section where all of the following are met:
      1. The wireless communication provider entity under consideration for collocation will undertake to pay market rent or other market compensation for collocation.
      2. The site on which collocation is being considered, taking into consideration reasonable modification or replacement of a facility, is able to provide structural support.
      3. The collocation being considered is technologically reasonable, e.g., the collocation will not result in unreasonable interference, given appropriate physical and other adjustment in relation to he structure, antennas, and the like.
      4. The height of the structure necessary for collocation will not be increased beyond a point deemed to be permissible by the township, taking into consideration the several standards contained in subsections (b) and (c) of this section.
   3. Requirements for collocation.
      1. The construction and use of a new wireless communication facility shall not be granted unless and until the applicant demonstrates that a feasible collocation is not available for the coverage area and capacity needs.
      2. All new and modified wireless communication facilities shall be designed and constructed so as to accommodate collocation.
      3. The policy of the community is for collocation. Thus, if a party who owns or otherwise controls a facility shall fail or refuse to alter a structure so as to accommodate a proposed and otherwise feasible collocation, such facility shall thereupon and thereafter be deemed to be a nonconforming structure and use, and shall not be altered, expanded or extended in any respect.
      4. If a party who owns or otherwise controls a facility shall fail or refuse to permit a feasible collocation, and this requires the construction and/or use of a new facility, the party failing or refusing to permit a feasible collocation shall be deemed to be in direct violation and contradiction of the policy, intent and purpose of the township, and consequently such party shall take responsibility for the violation, and shall be prohibited from receiving approval for a new wireless communication support structure within the township for a period of five years from the date of the failure or refusal to permit the collocation. Such a party may seek and obtain a variance from the zoning board of appeals if and to the limited extent the applicant demonstrates entitlement to variance relief which, in this context, shall mean a demonstration that enforcement of the five-year prohibition would unreasonably discriminate among providers of functionally equivalent wireless communication services, or that such enforcement would have the effect of prohibiting the provision of personal wireless communication services.
6. Removal.
   1. A wireless communication facility must furnish reasonable evidence of ongoing operation at any time after the construction of an approved tower.
   2. A condition of every approval of a wireless communication facility shall be adequate provision for removal of all or part of the facility by users and owners upon the occurrence of one or more of the following events:
      1. When the facility has not been used for 180 days or more. For purposes of this section, the removal of antennas or other equipment from the facility, or the cessation of operations (transmission and/or reception of radio signals) shall be considered as the beginning of a period of nonuse.
      2. Six months after new technology is available at reasonable cost as determined by the township board, which permits the operation of the communication system without the requirement of the support structure.
   3. The situations in which removal of a facility is required, as set forth in subsection (f)(2) of this section, may be applied and limited to portions of a facility.
   4. Upon the occurrence of one or more of the events requiring removal, specified in subsection (f)(2) of this section, the property owner or persons who had used the facility shall immediately apply or secure the application for any required demolition or removal permits, and immediately proceed with and complete the demolition/removal, restoring the premises to an acceptable condition as reasonably determined by the zoning administrator.
   5. If the required removal of a facility or a portion thereof has not been lawfully completed within 60 days of the applicable deadline, and after at least 30 days' written notice, the township may remove or secure the removal of the facility or required portions thereof, with its actual cost and reasonable administrative charge to be drawn or collected from the security posted at the time application was made for establishing the facility.

(Ord. No. 275, § 6.17, 10-21-2003; Ord. No. 2007-02, § 1(6.17), 6-12-2007)

In the preparation and enactment of this chapter, it is recognized that there are some uses, which, because of their very nature, have operational characteristics that have a serious and deleterious impact upon residential, office and commercial areas. Regulation of the locations of these uses is necessary to ensure that the negative secondary impact that such businesses have been documented to have will not cause or contribute to the blighting or downgrading of the township's residential neighborhoods, community uses which support a residential environment, and commercial centers. The regulations in this section are for the purpose of locating these uses in areas where the adverse impact of their operations may be minimized by the separation of such uses from one another and from residential neighborhoods and places of public congregation. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.

1. Regulated uses. Uses subject to these controls are as follows (hereinafter referred to as "regulated uses"):
   1. Adult-oriented commercial enterprises.
   2. Escort services and/or escort agencies.
   3. Massage parlors and/or massage establishments.
   4. Pawnbrokers and/or pawnshops.
   5. Tattoo and/or body-piercing and/or branding studios.
2. Location. The location of regulated uses within the township shall be subject to the following conditions:
   1. No regulated use shall be permitted within a 1,000-foot radius of an existing regulated use. Measurement of the 1,000-foot radius shall be made from the outermost boundaries of the lot or parcel upon which the respective uses are or would be situated.
   2. No regulated use shall be permitted with within a 1,000-foot radius of a school, library, park, playground, license group daycare home or center, or church, convent, monastery, synagogue or similar place of worship. Measurement of the 1,000-foot radius shall be made from the outermost boundaries of the lot or parcel upon which the respective uses are or would be situated.
   3. No regulated use shall be permitted within a 500-foot radius of any residential zone. Measurement of the 500-foot radius shall be made from the outermost boundaries of the lot or parcel upon which the respective uses/zones are or would be situated.
3. Miscellaneous requirements.
   1. No person shall reside in or permit any person to reside in the premises of a regulated use.
   2. An adult-oriented commercial enterprise use is in violation of this section if:
      1. The merchandise or activities of the establishment are visible from any point outside the establishment.
      2. The exterior portions of the establishment or signs have any words, lettering, photographs, silhouettes, drawings or pictorial representations of any specified anatomical area or sexually explicit activity.
   3. The provisions of this section regarding massage establishments shall not apply to hospitals, sanitariums, nursing homes, medical clinics or the offices of a physician, surgeon, chiropractor and osteopath licensed to practice their respective professions in the state, or who are permitted to practice temporarily under the auspices of an associate who is duly licensed in the state and is normally on the same premises.

(Ord. No. 275, § 6.18, 10-21-2003; Ord. No. 2007-02, § 1(6.18), 6-12-2007)

1. Purpose and intent. It is the purpose and intent of this section to promote the underlying spirit and intent of this entire zoning chapter, but at the same time allow for the extraction of minerals in locations where they have been naturally deposited, and to ensure that mineral mining activity shall be compatible with adjacent uses of land, the natural environment, and the capacities of public services and facilities affected by the land use, and, to ensure that mineral mining activities are consistent with the public health, safety and welfare of the township.
2. Use restriction. Mineral mining and extractive operations may be considered as a conditional use in the A-1 and I-3 districts. The extraction, removal, and/or processing of sand, gravel, stone and/or other mineral mining in the township shall be prohibited unless first authorized by the grant of a conditional use approval application by the township in accordance with this section, and article VII of this chapter.
3. Exemption. Usual and customary land balancing by cutting and filling, in preparation for immediately planned and approved development in accordance with this and all other applicable ordinances and law, shall be exempted from the provisions of this section.
4. Application. An application shall be filed with the zoning official and shall include the following:
   1. Site plan prepared in accordance with article VI of this chapter;
   2. Vertical aerial photograph, enlarged to a minimum scale of one inch equals 200 feet. The date of the aerial photograph shall be certified, and shall have been flown at such time as the foliage shall be off of on-site trees; provided, if there are changes in the topography from the date of the photograph, an accompanying text shall be provided explaining each change. The vertical photograph shall cover:
      1. All land anticipated to be mined in the application, together with adjoining land owned by the applicant.
      2. All private and public roads from which access to the property may be immediately gained, including means of vehicular access to property and the proposed operation.
   3. Boundary survey of the property;
   4. Site topography and natural features including location of watercourses within the planned mining area;
   5. Duration of proposed operation, and location, timing, and any other relevant details with respect to the phasing and progression of work on the site;
   6. Land use study/drawing showing the existing land uses with specification of type of use, e.g., single-family residential, multiple-family residential, retail, office, etc., and density of individual units in areas shown, including:
      1. Property within a radius of one-half mile around the site; and
      2. The property fronting on all vehicular routes within the township contemplated to be utilized by trucks which will enter and leave the site.
   7. Geological/hydrological/engineering survey prepared by appropriate and qualified experts, indicating:
      1. All anticipated impact to the qualitative and quantitative aspects of surface water, groundwater, and drainage during and subsequent to the operation to the geographical extent reasonably expected to be affected; and
      2. Opinion whether the exposure of subterranean waters and/or the impoundment of surface waters, where permitted, will establish a suitable water level at the level proposed as part of the operation, and whether the same will not interfere with the existing subterranean water or cause any harm or impairment to the general public.
   8. Description of the vehicles, machinery and equipment proposed for use on the property, specifying with respect to each, the anticipated noise and vibration levels.
5. Review procedure.
   1. The zoning official shall forward the original of the application to the township clerk for the file, and forward the copies to the members of the planning commission, the township engineer, the township planner, and to the road commission.
   2. The township engineer and the township planner shall each file a report with the zoning official, together with a recommendation on the need for additional experts. The zoning official shall retain the original of these reports for the file, and forward copies to the planning commission.
   3. The zoning official shall request a report from the road commission regarding traffic safety relevant to the application and any road improvements deemed appropriate to protect the public health, safety and welfare for areas located both within and outside of the township.
   4. After receiving all reports, including any additional reports of experts recommended by the township engineer and/or planner, if deemed appropriate the planning commission shall consider the application in accordance with the procedures set forth in article VII of this chapter.
   5. Reasonable conditions may be required with the approval of the application for the conditional land use, to ensure that public services and facilities affected by 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 be reasonable and shall be in compliance with applicable law.
6. Requirements and standards. The determination on applications submitted under this section shall be based upon the following requirements and standards, as determined in the discretion of the planning commission, and if the application is approved, such standards and requirements shall be maintained as a condition to continued operation and use by the applicant:
   1. Demonstration by the applicant that the proposed land use shall not result in a probable impairment to, pollution of, unreasonable impact upon and/or destruction of the following:
      1. The water table and/or private wells of property owners within the reasonably anticipated area of impact during and subsequent to the operation.
      2. The course, quantity, and quality of surface water, groundwater, and/or the watershed anticipated to be impacted by the operation.
      3. The surrounding property and/or property along haul routes, in terms of noise, dust, air, water, odor, light, and/or vibration.
   2. The proposed land use shall not be incompatible with such surrounding uses, based upon an application of generally accepted planning standards and principles.
   3. The proposed land use shall not unreasonably burden the capacity of public services and facilities.
   4. The proposed land use shall have immediate and direct access to a paved road having a planned right-of-way not less than 120 feet and having necessary and appropriate loadbearing and traffic volume capacity in relation to the proposed intensity of the use.
   5. All activities conducted in connection with the operation shall occur at least 160 feet from the nearest property line. All processing and stockpiling shall be conducted at least 200 feet from the nearest property line.
   6. The hours of operation shall be restricted to Monday through Saturday, 6:00 a.m. to 7:00 p.m. except during daylight saving when the closing time can be extended to 8:00 p.m.
   7. The maximum duration of the proposed use, if conducted in or immediately adjacent to a residential zoning district, shall be ten years.
   8. The site shall be secured with fencing and screened from all adjacent public highways and residentially used parcels.
   9. The total area being mined at any given time shall not exceed 40 percent of the entire parcel.
   10. The proposed transportation route or routes within the township shall be as direct and minimal in detrimental impact as reasonably possible, as determined in the discretion of the township at the time of application, and thereafter.
7. Mineral mining and extractive operations reclamation. Reclamation of the site shall be in accordance with a reclamation plan approved by the township as part of the application review process. There shall be no final slopes having a grade in excess of a minimum ratio of one foot vertical to five feet horizontal, and, for permanent water areas, for a distance of not less than ten feet nor more than 50 feet, the submerged slopes shall be graded from the water's edge at a grade not in excess of a minimum ratio of one foot vertical to seven feet horizontal; the entire site shall be planted with sufficient vegetation so as to sustain short and long term growth, in order to avoid erosion and washout, and, to the extent necessary to achieve this objective, suitable soils shall be placed on the property; and, all structures, machinery, equipment and improvements shall be removed from the site. As a part of the reclamation plan, all abandoned water wells shall be closed (plugged) in accordance with state and county standards. Verification of proper closure shall be a condition of any reclamation plan. Temporarily abandoned wells shall also be secured in accordance with state and county standards. The township board shall have the right to impose performance bonds or letters of credit to ensure that the reclamation and restoration plans as submitted are implemented.
   
8. Inspection. The township shall be entitled to make periodic inspection to determine compliance with this section.

(Ord. No. 275, § 6.19, 10-21-2003; Ord. No. 3381, § 3, 4-19-2005; Ord. No. 2007-02, § 1(6.19), 6-12-2007)

A roadside stand or farm market shall be incidental to a farm or farm operation provided the following standards are met:

1. The agricultural produce or product marketed for sale shall result from a farm or farming operation upon the property on which the roadside stand or farm market is located.
2. A roadside stand or farm market, and/or the buildings or structures housing such use, shall not be greater than 500 square feet in area.
3. Suitable trash containers shall be placed on the premises for public use.
4. Any building or structure containing or associated with a roadside stand or farm market shall not be located within any setback as established for the zoning district in which such use is located. See the supplementary district regulations contained in section 36-75.
5. Adequate off-street parking shall be provided and may be allowed in the required front setback area. Parking shall conform to the regulations in article IX of this chapter, except that hard-surfacing and screening shall not be required.
6. Two signs not to exceed eight square feet each may designate such use. Such signs shall not create a traffic hazard and shall not be located closer than 25 feet to the nearest edge of the roadway. Such signs shall be deemed temporary in nature, non-illuminated, and approved as to safety and stability by the township zoning official.
7. Any other signage or advertising media, including but not limited to flags, strings of lights, pennants, banners, search lights, bare light bulbs, moving or twirling signs or any portion thereof, balloons, and/or other similar advertising devices, shall be prohibited.

(Ord. No. 275, § 6.20, 10-21-2003; Ord. No. 2007-02, § 1(6.20), 6-12-2007; Ord. No. 2009-01, § IV(C), 1-27-2009)

1. Intent. Pursuant to the authority conferred by the condominium act, site plans for all condominium projects shall be regulated by the provisions of this chapter and approved by the township.
2. General requirements.
   1. Where a site condominium is proposed, each site condominium lot shall be considered equivalent to a single lot and shall comply with all regulations of the zoning district in which it is located, and the provisions of any other statutes, laws, ordinances, and/or regulations applicable to lots in subdivisions.
   2. Relocation of boundaries between adjoining site condominium lots, if permitted in the condominium documents, as provided in section 48 of the condominium act (MCL 559.148), shall comply with all regulations of the zoning district in which located and shall be approved by the zoning official. These requirements shall be made a part of the bylaws and recorded as part of the master deed.
   3. Each site condominium lot that results from a subdivision of another condominium lot, if such subdivision is permitted by the condominium documents, as provided in section 49 of the condominium act, shall comply with all regulations of the zoning district in which located, and shall be approved by the zoning official. These requirements shall be made a part of the condominium bylaws and recorded as part of the master deed.
   4. No permit for construction shall be issued until final engineering plans have been approved and all applicable permits and approvals have been secured from other governmental entities.
3. Site plan approval. Approval of the site plan and condominium documents by the township shall be required as a condition to the right to construct, expand or convert a condominium project. The following information shall be submitted for site plan approval:
   1. A site plan in accordance with the standards and procedures set forth in article VI of this chapter.
   2. Master deed and bylaws, which shall be reviewed with respect to all matters subject to regulation by the township, including, without limitation: ongoing preservation and maintenance of drainage, retention, wetland and other natural and/or common area; maintenance of private roads, if any; and maintenance of stormwater, sanitary, and water facilities and utilities.
   3. Engineering plans and information in sufficient detail to determine compliance with all applicable laws, codes, ordinances, rules and regulations for the construction of the project.
   4. The applicant shall provide proof of approvals by all county and state agencies having jurisdiction over improvements in the site condominium development, including but not limited to the county road commission, county drain commissioner, county health department, and the state department of natural resources. The township shall not approve a site plan until each county and state agency having such jurisdiction has approved that portion of the final site plan that is subject to its jurisdiction.
4. Monuments. Monuments shall be established in the manner required by the condominium act.
5. Approval required prior to occupancy.
   1. Following construction of the condominium development, and prior to the issuance of any certificates of occupancy, the applicant shall submit to the township:
      1. A copy of the recorded master deed and bylaws, including exhibits.
      2. Two copies of an as-built plan or survey for required improvements, including streets, utilities and drainage facilities.
      3. A copy of the site plan on photographic hardcopy, laminated photostatic copy or Mylar sheet of at least 13 by 16 inches with an image not to exceed 10 1/2 by 14 inches and a scale of at least one inch equals 100 feet.
   2. The zoning official shall review the information submitted to ensure that the condominium development has been constructed in accordance with the approved condominium plan, approved condominium documents, applicable township ordinances and township engineering standards and any other applicable laws or regulations. The zoning official may refer any documents to the township attorney, planner, or engineer for review.
   3. In the event required monuments, stormwater drainage facilities, sewage disposal facilities, water supply facilities, or any other required improvements are not completed at the time the request for occupancy is made, the township board may allow temporary occupancy permits for a specified period of time, and for any part of the condominium development, provided that a deposit in the form of cash, bond, certified check, or irrevocable letter of credit be made with the township, in form and amount as determined by the township, to ensure the installation and/or completion of such improvements without cost to the township, in accordance with section 36-37. Financial guarantees shall not be required for improvements under the jurisdiction of other governmental agencies provided the applicant can prove that appropriate guarantees are in place.
6. Revision of site condominium plan. If the condominium subdivision plan is revised, the site plan shall be revised accordingly and submitted for review and approval or denial by the township before any building permit may be issued, where such permit is required.
7. Amendment of condominium documents. Any amendment to a master deed or bylaws that affects the approved site plan, or any conditions of approval of a site plan, shall be reviewed and approved by the township before any building permit may be issued, where such permit is required. The township may require its review of an amended site plan if, in its opinion, such changes in the master deed or bylaws require corresponding changes in the site plan.

(Ord. No. 2007-02, § 1(6.21), 6-12-2007)

1. Intent. It is the intent of the township to permit the effective and efficient use of wind energy conversion systems (WECS) by regulating the siting, design, and installation of such systems to protect the public health, safety, and welfare, and to ensure compatibility of land uses in the vicinity of WECS.
2. Approval required. It shall be unlawful to construct, erect, install, alter, or locate any WECS within the township except in compliance with this section. A building permit is required for any WECS pursuant to section 36-32 and this section.
3. Permitted accessory use.
   1. Roof-mounted WECS shall be considered a permitted accessory use and may exceed the height limit of the district in which the system is located by 15 feet.
   2. On-site WECS (non-roof-mounted) and meteorological towers less than 70 feet in height shall be considered a lawful accessory use on parcels with an area of 2.5 acres or greater in the following zoning districts pursuant to this section: RC, A-1, E-R, and R-1.
4. Conditional use.
   1. In all zoning districts, on-site WECS and/or meteorological towers not in conformance with subsection (c)(2) (as specified above) shall be allowed only as a conditional use subject to the provisions of this section and article VII, conditional use review.
   2. Commercial WECS and associated meteorological towers shall be considered a conditional use in the RC, A-1, and I-3 districts and shall be subject to the provisions of this section and article VII, conditional use review.
5. Application. On-site WECS and associated meteorological towers as an accessory use. The application for an on-site WECS when permitted as an accessory use shall include the following:
   1. Applicant information. Name, address and contact information.
   2. Project description. A general description of the proposed project as well as a legal description (property identification number) of the property on which the project would be located.
   3. Plot plan and documentation. The plot plan shall include maps showing the physical features and land uses of the project area, both before and after construction of the proposed project. The plot plan shall include all informational requirements of subsection 36-31(i), certificates of zoning compliance, as well as the following additional information:
      1. The project area boundaries.
      2. The location, height and dimensions of all existing and proposed structures and fencing.
      3. Distance of proposed structure from all property lines and permanent structures.
      4. The location, grades and dimensions of all temporary and permanent on-site access roads.
      5. Sufficient information (spot elevations) to determine site topography. Full site topography is not required.
      6. Water bodies, waterways, wetlands, and drainage ditches, and drains.
      7. All new infrastructure above ground related to the project.
      8. The location of all overhead utility wires.
   4. Additional documentation.
      1. Insurance. Proof of the applicant's appropriate liability insurance.
      2. Sound pressure level. Documentation of the manufacturers designed sound pressure levels (decibels) for unit to be installed.
      3. Grant of authority. The applicant shall provide evidence of ownership of the land on which the WECS is to be located and the written consent of the land owner if different from the applicant. If the applicant is leasing land the applicant shall provide a copy of the lease agreement and the land owner's written authorization for the applicant to construct the structure.
6. Application—On-site WECS and associated meteorological towers as conditional use. The application for an on-site WECS and associated meteorological towers when permitted as a conditional use shall meet all of the requirements for a conditional use permit application. The information noted in subsection (e)(3) above is required in lieu of a full site plan unless (i) the proposed WECS involves changes to the site outside the footprint of the WECS, or (ii) the zoning administrator finds that the intent of section 36-176 (Purpose of site plan review) warrants the submission of a full site plan.
7. Application—Commercial WECS and associated meteorological towers conditional use. The application for a commercial WECS shall meet the provisions of subsection (l) herein, the provisions of article VII, conditional use review and shall include a complete site plan in accordance with article VI site plan review.
8. Standards and requirements. All on-site WECS, and commercial WECS shall meet the standards and findings of the criteria of site plan review pursuant to section 36-180 and the following additional standards and requirements:
   1. Property setbacks.
      1. The distance between a WECS and the nearest property line shall be at least 1.5 times the height of the WECS.
      2. No part of the WECS structure, including guy wire anchors, may extend closer than ten feet to the owner's property line.
      3. The distance between a WECS and a private road easement or a public right-of-way shall be at least 1.5 times the height of the WECS.
      4. Roof-mounted WECS that extend no more than 15 feet above the height of the structure are exempt from the setback provisions above.
   2. Height. On-site WECS shall be less than 175 feet in height. Height shall be measured from the existing grade to the tip of the turbine blade at its highest point. The applicant shall demonstrate compliance with all FAA lighting regulations and the Michigan Tall Structures Act as part of the approval process, if applicable.
   3. Noise. Wind energy conversion systems (WECS) shall not exceed the noise levels permitted and found in section 36-311 (Noise) of this chapter.
9. Construction codes, towers and interconnections standards. Every WECS shall comply with all applicable federal, state, and local building and construction codes.
10. Safety.
    1. Design safety certification. The safety of the design of every WECS shall be certified by the applicant's professional engineer registered in the State of Michigan and reviewed by the township. If WECS construction is approved, the professional engineer shall certify that the construction and installation of the WECS meets or exceeds the manufacturer's construction and installation standards, and any applicable state and federal laws and regulations prior to operation.
    2. Controls and brakes. Every WECS shall be equipped with controls to limit rotation of blades to a speed not to exceed the designed limits of the WECS. The applicant's professional engineer must certify that the rotor and overspeed control design and fabrication conform to applicable design standards. No changes or alterations from certified design shall be permitted unless accompanied by a professional engineer's statement of certification approved by the township.
    3. Lightning. Every WECS shall have lightning protection.
    4. Guy wires. If an on-site WECS is supported by guy wires, the wires shall be clearly visible to a height of a least six feet above the guy wire anchors. Every commercial WECS must be of a freestanding monopole design and guy wires shall not be used.
    5. Grade clearance. The minimum vertical blade tip clearance from grade shall be 25 feet for any WECS employing a horizontal axis rotor.
    6. Color. Towers and blades shall be of a non-reflective neutral color designated on the application and approved by the township or as otherwise required by law.
11. Removal of abandoned on-site WECS. In the event an on-site WECS is abandoned or unused for a period of 180 days, or if a WECS is damaged, the owner of the tower or the land shall promptly remove the tower and all related equipment. Failure to remove the tower and related equipment in accordance with the foregoing shall be considered a violation of this chapter pursuant to section 36-38. In addition, by accepting a permit for the on-site WECS, the applicant and land owner agree that in the event the tower and equipment is not removed as required, after 30 days notice from the township, the township may undertake such removal and bill the costs to the applicant and land owner plus an administrative fee of 15 percent which if not paid within 30 days shall be assessed against the land on which the tower and equipment is located and collected in the same manner as delinquent taxes.
12. Additional requirements for commercial WECS. The following standards and requirement shall apply to every commercial WECS:
    1. Warnings. A visible warning sign of high voltage shall be placed at the base of every commercial WECS. The sign must have at least six-inch letters with three-quarter-inch stroke. Such signs shall be located a maximum of 300 feet apart and at all points of site ingress and egress.
    2. Signage. In addition to warning signs and signs required by law, every commercial WECS shall be equipped with a sign containing owner identification and contact information. No other signs or advertising are permitted.
    3. Liability insurance. The owner or operator of a commercial WECS shall maintain a current commercial liability and property damage insurance policy with coverage limits acceptable to the township pertaining to installation and operation of the commercial WECS. The amount and terms of the policy shall be established as a condition of conditional use permit approval. The township and land owner shall be named as additional insureds. Certificates of insurance shall be provided to the township annually.
    4. Security. The application shall include a description of security to be posted at the time of receiving a building permit for the WECS to ensure removal of the WECS when it has been abandoned or is no longer needed, as provided in subsection (l)(10) below. The security shall be the form of: (i) cash; (ii) letter of credit; or, (iii) an escrow agreement, in an amount approved by the township engineer and in a form approved by the township attorney providing for timely removal of the commercial WECS as required under this section, and payment of any costs and attorney fees incurred by the township in connection with such removal.
    5. Visual appearance; lighting; powerlines. The design of the WECS buildings and related structures shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend WECS components with the natural setting and existing environment. For commercial WECSs exceeding minimum FAA height requirements for lighting, minimum FAA lighting standards shall not be exceeded. All tower lighting required by the FAA shall be shielded to the extent possible to reduce glare and visibility from the ground. The tower shaft shall not be illuminated unless required by the FAA. The electrical collection system shall be placed underground within the interior of each parcel at a depth designed to accommodate any existing land use to the maximum extent practicable. The collection system may be placed overhead adjacent to public roadways, at points of interconnection to the electric grid or in other areas as necessary.
    6. Wildlife impact. The applicant shall submit an avian study by a qualified professional, such as an ornithologist or wildlife biologist, describing the potential impact of the commercial WECS on migratory birds or bats and threatened or endangered species.
    7. Annual inspection; maintenance. The WECS and surrounding area shall be maintained in accordance with industry standards including painting and landscaping. Every WECS must be inspected annually by an authorized factory representative or professional engineer to certify that the WECS is in good working condition and is not a hazard to persons or property. Certification records shall be submitted annually to the township.
    8. Shadow Flicker. The applicant shall conduct an analysis of potential shadow flicker. The analysis shall identify the locations of shadow flicker that may be caused by the project and the expected durations of the flicker at these locations from sun-rise to sun-set over the course of a year. The analysis shall identify impacted areas where shadow flicker may affect occupants or users of the structures or properties in the impacted area. The analysis shall describe measures that will be taken to eliminate or mitigate negative impacts.
    9. Sound pressure level. As part of the application and prior to installation of any commercial WECS, the applicant shall provide modeling and analysis that will confirm that the commercial WECS will not exceed the maximum permitted sound pressure levels. Modeling and analysis shall conform to IEC 61400 and ISO 9613. After installation of the commercial WECS, sound pressure level measurements shall be done by a third party, qualified professional according to the procedures in the most current version of ANSI S12.18. All sound pressure levels shall be measured with a sound meter that meets or exceeds the most current version of ANSI S1.4 specifications for a Type II sound meter. Documentation of the sound pressure level measurements shall be provided to the local government within 60 days of the operation of the project.
    10. Safety. Commercial WECS shall be designed to prevent unauthorized access to electrical and mechanical components and shall have access doors that are kept securely locked at all times when service personnel are not present. All spent lubricants and cooling fluids shall be properly and safely removed in a timely manner from the site of the commercial WECS. A sign shall be posted near the tower that will contain emergency contact information. Signage placed at the road access shall be used to warn visitors about the potential danger of falling ice. The minimum vertical blade tip clearance from grade shall be 25 feet for a wind energy system employing a horizontal axis rotor.
    11. Removal. A commercial WECS shall be removed by the owner of the WECS or land when the commercial WECS has been abandoned or unused for 180 days ("non-use period"). For purposes of this section, the damage, destruction or removal of any part of WECS equipment, or the cessation of operations shall be considered as the beginning of a non-use period. The WECS owner or applicant shall notify the township of the beginning of any non-use period or any removal of equipment. The end of the non-use period may be sooner than 180 days after commencement if the WECS or any portion of the facility becomes a nuisance or is dangerous to the public health, safety and welfare.
        1. At the end of the non-use period, the owner of the WECS or the land shall immediately apply for and obtain any applicable demolition or removal permit, and shall immediately proceed with and complete the demolition and removal of the WECS and restoration of the land to the condition existing prior to installation, to the extent reasonably feasible.
        2. If the required demolition, removal and restoration of the WECS has not been lawfully completed within 60 days after the end of the non-use period, then after 15 days prior written notice to the land owner and the WECS owner, the township may remove or secure the removal of the WECS and related equipment and the township's costs, expenses, attorneys fees and consultants fees, plus a 15 percent administrative charge may be drawn and collected from the security described in (l)(4) above, and any costs and fees in excess of the amount of the security shall constitute a lien on the land on which the WECS is located and may be collected in the same manner as delinquent taxes.
13. Public inquiries and complaints. Should an aggrieved property owner allege that a WECS is not in compliance with the noise requirements of this chapter, the procedure to address the allegation shall be as follows:
    1. Notify the township in writing regarding concerns about noise level.
    2. If the complaint is deemed sufficient by the township to warrant an investigation, the township will request the aggrieved property owner deposit funds in an amount sufficient to pay for a noise level test conducted by a certified acoustic technician to determine compliance with the requirements of this chapter.
    3. If the test indicates that the noise level is within ordinance noise requirements, the township will use the deposit to pay for the test.
    4. If the WECS owner(s) is in violation of the ordinance noise requirements, the owner(s) shall reimburse the township for the noise level test and take immediate action to bring the WECS into compliance which may include ceasing operation of the WECS until ordinance violations are corrected. The township will refund the deposit to the aggrieved property owner.

(Ord. No. 2010-01, § 2, 2-23-2010)

1. Intent. It is the intent of the township to allow, through a conditional land use permit, uses of a commercial/tourism nature that are complementary and accessory to the primary agricultural land use in the A-1 zoning district. It is also the intent to:
   1. Promote and maintain local farming and the provision of open space within the township.
   2. Maintain both an agricultural heritage and rural character.
   3. Encourage new agriculturally based businesses that contribute to the general economic conditions of the township and surrounding region.
2. Purpose. The purpose of this designation is to provide a clear understanding of the expectations for agricultural commercial/tourism businesses for operators, local residents, other businesses, and local officials.
3. The following agricultural commercial/tourism businesses may be permitted after conditional land use review, pursuant to section 36-224 of this chapter.
   1. Cider mills or wineries selling product, in a tasting room, containing at least 50 percent of crops or produce grown on-site.
   2. Seasonal outdoor mazes of agricultural origin such as straw bales or corn.
   3. Bed and breakfast operation in accordance with the State Construction Code, Act 230 of 1972.
   4. The processing storage and retail or wholesale marketing of agricultural products into a value-added agricultural product in a farming operation if at least 50 percent of the stored or processed, or merchandised products are produced by the farm operator.
   5. U-pick operations in accordance with section 36-146.
   6. Community supported agriculture or CSA.
   7. Uses (c)(1) through (6) listed above may include any or all of the following ancillary agriculturally related uses and some non-agriculturally related uses so long as the general agricultural character of the farm is maintained and the income from these activities represents less than 50 percent of the gross receipts from the farm.
      1. Value-added agricultural products or activities, such as education tours of processing facilities, etc.
      2. Playgrounds or equipment typical of a school playground, such as slides, swings, etc. (not including motorized vehicles or rides).
      3. Petting farms, animal display, and pony rides.
      4. Wagon, sleigh and hayrides.
      5. Nature trails.
      6. Open air or covered picnic area with restrooms.
      7. Educational classes, lectures, seminars.
      8. Historical agricultural exhibits.
      9. Kitchen facilities, for the processing, cooking, and/or baking of goods containing at least 50 percent produce grown on site.
      10. Gift shops for the sale of agricultural products and agriculturally related products. Gifts shops for the sale of non-agriculturally related products such as antiques or crafts, limited to 25 percent of gross sales.
   8. Other commercial/tourism business that are complementary and accessory to the primary agricultural land use of the subject property, including but not limited to: a) small-scale entertainment (e.g., music concert, car show, art fair), b) organized meeting space (e.g., for use by weddings, birthday parties, and corporate events), c) designated, permanent parking for more than 20 vehicles.
4. Supplemental regulations.
   1. Minimum lot area of ten acres.
   2. The uses listed in subsections (c)(1), (2), (7), and (8) of this section must have direct access to one of the following road types as described in the functional road classification of the township master plan:
      1. Rural minor collector.
      2. Rural major collector.
      3. Rural minor arterial.
      4. Rural other principal arterial.
      All other uses permitted by this section, not noted above, may have access on any road type within the township with the condition that the increase in traffic shall not create a nuisance to nearby residents by way of traffic or noise, or increase the public cost in maintaining the roadway.
   3. A 200-foot open buffer shall be provided on all sides of the property not abutting a roadway. Agricultural commercial/tourism business activities shall not be allowed within this buffer area. Where possible, crops shall remain within this buffer area to help maintain the agricultural character of the site.
   4. Buffer plantings shall be provided along the property line where there is an abutting residence. Greenbelt plantings are intended to screen views of the proposed operation from the adjacent home or property. Buffer plantings shall meet the standards of section 36-345(b)(3).
   5. Must provide off-street parking to accommodate use as outlined in article IX, section 36-278.
      1. Parking facilities may be located on a grass or gravel area for seasonal uses such as roadside stands, u-pick operations, and agricultural mazes. All parking areas shall be defined by either gravel, cut lawn, sand, or other visible marking.
      2. All parking areas shall be located in such a manner to avoid traffic hazards associated with entering and exiting the public roadway.
      3. Paved or unpaved parking areas shall not be located in required setback or buffer areas. Paved parking areas must meet all design, and landscape screening requirements as set forth in this zoning ordinance.
   6. The following additional operational information must also be provided as applicable:
      1. Ownership of the property.
      2. Months (season) of operation.
      3. Hours of operation.
      4. Anticipated number of customers.
      5. Maintenance plan for disposal, etc.
      6. Any proposed signs.
      7. Any proposed lighting.
      8. Maximum number of employees at any one time.
      9. Restroom facilities.
      10. Verification that all outside agency permits have been granted, i.e., federal, state and local permits.
   7. All areas of the property to be used including all structures on site must be clearly identified.

(Ord. No. 2012-05, § 1, 8-28-2012)

1. Purpose and intent. In accordance with the Supreme Court of Michigan 1990 decision in Addison Township v. Gout, it is the purpose and intent of these provisions to regulate the location of ancillary oil and gas uses and structures to minimize and or mitigate any nuisance caused by these uses and structures on the land, water, roads, public utilities of the township, and the residentially zoned and used areas of Scio Township. These provisions are intended to protect the health, safety, and welfare of Scio Township by allowing ancillary oil and gas uses and structures in areas of Scio Township characterized as non-residential agriculture or vacant land as well as general or heavy industrial lands.
   
   It is the further intent of these provisions to only regulate these uses to the extent authorized by the Michigan Zoning Enabling Act and that any other provision of the section notwithstanding the provisions of the zoning ordinance do not regulate or control the drilling, completion, or operation of oil or gas wells or other wells drilled for oil or gas exploration purposes.
2. Location. Ancillary oil and gas uses and structures shall be allowed in the following zoning districts:
   1. Ancillary oil and gas uses and structures shall be considered a permitted use in the C-4 composite commercial, I-2, general industrial district and the I-3 heavy industrial district, subject to the supplementary regulations of subsection (d) of this section.
   2. Ancillary oil and gas uses and structures shall be considered a conditional land use in the A-1 general agriculture district, subject to the supplementary regulations of subsection (d) of this section.
3. Supplementary regulations. Ancillary oil and gas uses and structures: In addition to other applicable provisions of this section, the following additional provisions shall apply to ancillary oil and gas uses or structures.
   1. Lot area and setbacks.
      1. Ancillary oil and gas uses and structures shall have minimum lot size of at least six acres.
      2. Ancillary oil and gas uses and structures shall be and set back at least 250 feet from adjacent lot lines.
      3. Ancillary oil and gas uses and structures shall have minimum set back from the ordinary high water mark of all surface waters of 1,320 feet.
      4. Buffering between ancillary oil and gas uses and structures shall be required in accordance with section 36-345(c) of this chapter.
   2. Performance standards.
      1. Impact statement on high volume water removal, supply and water resources, such as a scientifically reliable hydrogeological study shall be submitted to demonstrate that the proposed quantity, nature, scope and extent of any proposed water removal, use, transfers will not materially diminish adjacent groundwater wells, adjacent land uses dependent on water supply or sources, and not materially diminish or impair any groundwater or surface water. The impact statement required by this section must be prepared by a registered professional engineer licensed with the State of Michigan.
      2. Chemical handling, storage, transport, and mixing shall meet the provisions of section 36-313, use, storage and handling of hazardous substances. Detailed plans for transporting, handling, storage and mixing or use of chemicals or mixtures of water, chemicals and/or other materials or substances shall be submitted. Emergency response to release, spill, accident with respect to such transport, handling, storage and mixing shall be submitted. The water impact study required above shall include identification of groundwater flow direction, connection of groundwater to any wetland, creek, lake, or stream, and any potential pathway to groundwater or such surface waters. A groundwater monitoring plan before, during, and after such handling, storage, mixing, or transport shall be submitted.
      3. Stormwater control. All facilities shall meet the provisions of section 36-341, stormwater management, of this chapter. Evidence of appropriate sedimentation and soil erosion as permits shall be provided from Washtenaw County.
      4. In addition to the required information of this section, the following information and exhibits shall be provided:
         1. Flowlines, gathering lines, pipelines, road and/or driveway access, alternative road access, truck and vehicle traffic routes, truck and vehicle terminals and off-street parking, and the location of the oil and/or gas well to which these ancillary structures or facilities are connected.
         2. A plan showing all ancillary structures, pits, storage and mixing areas, tanks, vents, flares, and identification of potential air emissions or pollutants or hazardous substances that may escape or be released from such ancillary land uses, structures or their operation.
         3. Demonstration that air emissions, pollutants, odors will not exceed any federal and state standard for air pollution, hazardous substance, or nuisance under federal and/or state law or regulations.
         4. Submission of aerial information map, topographical survey, overall plan and hours of operation, reclamation and restoration plan demonstrating how the property will be brought back to its pre-development state after production of the oil and gas well or wells to which the ancillary use or structure is associated or connected, or at time of permanent removal of such ancillary uses or structures. Performance bond adequate in amount and terms to cover the cost and expense to complete any and all of the requirements of this or other applicable provisions of the section to be provided by the applicant for conditional land use and as approved by the township with regard to amount of bond required federal, state, and local permits and approvals for any ancillary oil and gas uses or structures shall be submitted as part of application, and if approved made a condition of any permit and are enforceable by the township as a violation of a permit and this section.
      5. Access. Access drives to all facilities shall meet the township private road ordinance standards pursuant to chapter 24 of the Scio Township Code.
      6. Access roads utilized for exploratory wells shall be constructed to class C private road standards. Access roads utilized for production wells shall be constructed to class A private road standards. The private road shall be reviewed as part of the site plan review process for ancillary oil and gas uses and structures.
4. Review and approval. Ancillary oil and gas uses and structures shall follow the following application process:
   1. When a permitted use in the C-4 composite commercial, I-2 general industrial district, and the I-3 heavy industrial district, ancillary oil and gas uses and structures shall be subject to the provisions of article VI, site plan review, in addition to the supplementary regulations of this section.
   2. When a conditional use in the A-1 general agricultural district, ancillary oil and gas uses and structures shall be subject to the provisions of article VII, conditional use review, and article VI, site plan review, in addition to the supplementary regulations of this section.
5. Any provision of this section may be appealed to the township zoning board of appeals pursuant to article XIV, zoning board of appeals.
6. Violation of this considered civil infraction subject to section 1-8 municipal civil infraction. Violation(s) of these provisions shall be subject to a $4,000.00 fine. Each day that the violation of this section continues constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense.