Scio Township City Zoning Code

ARTICLE 36

V SUPPLEMENTARY REGULATIONS

Sec 36-127 Purpose

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)

Sec 36-128 Day Care Facilities

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.
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.
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.
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.

HISTORY
Amended by Ord. 2025-02 Effective 04/11/2025 on 3/25/2025

Sec 36-129 Adult Foster Care Facilities And Foster Family Homes

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.
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.
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.
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.

Sec 36-130 Open Space Developments

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.
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.
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.
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.

Site design requirements. All open space developments submitted under this option shall conform to the following site design requirements:

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.
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.
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.

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.

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.
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.
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.

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.

Sec 36-131 IRP District Development Standards

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.
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.

Sec 36-132 Single-Family Attached And Multiple-Family Dwellings

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

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.
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.
Maximum units per building. No more than four dwelling units per building shall be built in the MR-1 districts.
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)

Sec 36-133 Mobile Home Park Requirements

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.
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)

Sec 36-134 Large Scale Retail Establishment

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.
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.
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.
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.
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)

Sec 36-135 Regulation Of Animals

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.
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.
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)

Sec 36-136 Religious Institutions

Lot width. The minimum lot width for religious institutions shall be 200 feet.
Lot area. The minimum lot area for religious institutions shall be 2.5 acres.
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.
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.
Frontage and access. Religious institutions shall have frontage on and direct access to a paved public road.
Landscaping. Religious institutions shall comply with the landscaping requirements set forth in section 36-345.
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)

Sec 36-137 Vehicle Filling Stations, Vehicle Wash, Truck Stop Facilities, And Major And Minor Vehicle Repair Facilities

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.
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.
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.
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.
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)

Sec 36-138 Salvage Yards

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

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.
All ingress or egress shall be limited to one entrance to a major thoroughfare as identified in the township master plan.
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)

Sec 36-139 Outdoor Display And Sales

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.
Outdoor sales and display areas which abut residentially zoned or used property shall be screened in accordance with section 36-345.
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).
Outdoor storage of vehicle parts, parts salvage or supplies is prohibited.
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)

Sec 36-140 Self-Storage Facilities

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.
The storage of any toxic, corrosive, flammable or hazardous materials is prohibited.
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.
Exterior walls of all storage units shall be of masonry construction.
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)

Sec 36-141 Campgrounds

Campgrounds shall be subject to the following:

The minimum site area shall be 20 acres.
The site shall have direct accessibility to a paved public road.
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.
Temporary campgrounds are strictly prohibited.
Mobile homes shall not be permitted to be located within a campground.
The use and occupancy of a campground shall be in strict compliance with the current laws and requirements of the state governing such uses.
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.

Sec 36-142 Golf Courses, Country Clubs, And Swim Clubs

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

Golf courses may also include accessory clubhouses, driving ranges, pro shops and maintenance buildings.
Country clubs and swim clubs may also include accessory clubhouses and maintenance buildings.
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.
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.
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)

Sec 36-143 Wireless Communication Facilities

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.
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.
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.
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.
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.
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)

Sec 36-144 Adult-Oriented Businesses

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.

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.
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.
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)

Sec 36-145 Mineral Mining And Extractive Operations

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.
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.
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.
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.
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.
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.
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.
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)

Sec 36-146 Roadside Stands Or Farm Markets

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

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.
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.
Suitable trash containers shall be placed on the premises for public use.
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.
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.
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.
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)

Sec 36-147 Condominium Project Regulations

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.
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.
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.
Monuments. Monuments shall be established in the manner required by the condominium act.
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.
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.
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)

Sec 36-148 Wind Energy Conversion Systems

Intent. The following regulations are intended to ensure the interests of the landowner, and the Township are achieved harmoniously with no negative effect to the long-term viability of the subject property or those surrounding it. Facilities for the capture, storage, and distribution of renewable energy for commercial purposes are subject to the following standards.
Facility Boundary. The boundary around a parcel, multiple parcels, or portions thereof, leased or purchased for the purposes of operating a renewable energy facility. The facility boundary may cross road rights-of-way, but required setbacks shall be provided and calculated on each side of any such road where pertinent.
Regulation Schedules. All renewable energy facilities with nameplate capacities at or above the thresholds defined in Public Act 233 of 2023 and listed below shall use Schedule A. All other renewable energy facilities shall use Schedule B.

1. Schedule A: Nameplate facilities are permitted by right in all zoning districts with site plan review. Sites of this scale shall conform to the regulations outlined below.

Solar

Minimum Setbacks: Measured from the property line to the nearest edge of the perimeter fencing of the facility.

Occupied Community Building/Dwellings on Nonparticipating Properties	300 feet from nearest point on the outer wall
Public Road ROW	50 feet measured from the nearest edge of a public road ROW
Nonparticipating Properties	50 feet measured from the nearest shared property line

Fencing: Complies with the latest version of the National Electric Code as of the effective date of the amendatory act that added this section, or any applicable successor standard approved by the Planning Commission as reasonable and consistent with the purposes of this subsection.
Height: Solar panel components do not exceed a maximum height of 25 feet above ground when the arrays are at full tilt.
Sound: The solar energy facility does not generate a maximum sound in excess of 55 average hourly decibels as modeled at the property line of an adjacent nonparticipating property. Decibel modeling shall use the A-weighted scale as designed by the American National Standards Institute.
Dark Skies: The solar energy facility will implement dark sky-friendly lighting solutions.
Planning Commission Requirements: The solar energy facility will comply with any more stringent requirements adopted by the Michigan Public Service Commission as provided in MCL 460.1226(8)(a)(iv).

b. Wind.

Minimum Setbacks: Measured from the center of the base of the wind tower:

Occupied community buildings and residences on nonparticipating properties	2.1 times the maximum blade tip height to the nearest point on the outside wall of the structure.
Residences and other structures on participating properties	1.1 times the maximum blade tip height to the nearest to the nearest point on the outside wall of the structure
Nonparticipating property lines	1.1 times the maximum blade tip height
Public road right-of-way	1.1 times the maximum blade tip height to the center line of the public road right-of-way
Overhead communication and electric transmission, not including utility service lines to individual houses or outbuildings	1.1 times the maximum blade tip height to the center line of the easement containing the overhead line

Placement: Each wind tower is sited such that any occupied community building or nonparticipating residence will not experience more than 30 hours per year of shadow flicker under planned operating conditions as indicated by industry standard computer modeling.
Height: No wind tower blade tip will exceed the height allowed under a Determination of No Hazard to Air Navigation by the Federal Aviation Administration under 14 CFR part 77.
Sound: The wind energy facility does not generate a maximum sound more than 55 average hourly decibels as modeled at the property line of the nearest dwelling located on an adjacent nonparticipating property. Decibel modeling shall use the A-weighted scale as designed by the American National Standards Institute
Lighting: The wind energy facility is equipped with a functioning light-mitigating technology. To allow proper conspicuity of a wind turbine at night during construction, a turbine may be lighted with temporary lighting until the permanent lighting configuration, including the light-mitigating technology, is implemented. The Planning Commission may grant a temporary exemption from the requirements of this subparagraph if installation of appropriate light-mitigating technology is not feasible. A request for a temporary exemption must be in writing and state all of the following:

The purpose of the exemption.
The proposed length of the exemption.
A description of the light-mitigating technologies submitted to the Federal Aviation Administration.
The technical or economic reason a light-mitigating technology is not feasible.
Any other relevant information requested by the Planning Commission.

vi. Radar. The wind energy facility meets any standards concerning radar interference, lighting, subject to subparagraph (v), or other relevant issues as determined by the Planning Commission.

c. Energy Storage Facilities.

Minimum Setbacks: Minimum setback requirements, with setback distances measured from the nearest edge of the perimeter fencing of the facility.

Occupied Community Building/Dwellings on Nonparticipating Properties	300 feet from nearest point on the outer wall
Public Road ROW	50 feet measured from the nearest edge of a public road ROW
Nonparticipating Parties	50 feet measured from the nearest shared property line

Installation: The energy storage facility complies with the version of NFPA 855 "Standard for the Installation of Stationary Energy Storage Systems" in effect on the effective date of the amendatory act that added this section, or any applicable successor standard adopted by the Planning Commission as reasonable and consistent with the purposes of this subdivision.
Sound: The energy storage facility does not generate a maximum sound more than 55 average hourly decibels as modeled at the nearest outer wall of the nearest dwelling located on an adjacent nonparticipating property. Decibel modeling shall use the A-weighted scale as designed by the American National Standards Institute.
Dark Skies: The energy storage facility will implement dark sky friendly lighting solutions.
Planning Commission Requirements: The energy storage facility will comply with any more stringent requirements adopted by the Michigan Public Service Commission as provided in MCL 460.1226(8)(a)(iv).

d. Schedule A Site Plans. A site plan required under Public Act Section 223 or 225 of 2023 shall meet application filing requirements established by Article 36-VI to maintain consistency between applications. The site plan shall include the following:

The location and a description of the energy facility.
A description of the anticipated effects of the energy facility on the environment, natural resources, and solid waste disposal capacity, which may include records of consultation with relevant state, tribal, and federal agencies.
If the proposed site of the energy facility is undeveloped land, a description of feasible alternative development locations, including, but not limited to, vacant industrial property and brownfields, and an explanation why they were not chosen.
A stormwater assessment and a plan to minimize, mitigate, and repair any drainage impacts at the expense of the developer. The applicant shall make reasonable efforts to consult with the Washtenaw County Water Resources Commission before submitting the application and shall include evidence of those efforts in its application
A fire response plan and an emergency response plan.
A decommissioning plan consistent with agreements reached between the applicant and other landowners of participating properties that ensures the return of all participating properties to a useful condition similar to that which existed before construction, including removal of above-surface facilities and infrastructure that have no ongoing purpose. The decommissioning plan shall include, but is not limited to, financial assurance in the form of a bond, a parent company guarantee, or an irrevocable letter of credit, but excluding cash. The amount of the financial assurance shall not be less than the estimated cost of decommissioning the energy facility, after deducting salvage value, as calculated by a third party with expertise in decommissioning, hired by the applicant. However, the financial assurance may be posted in increments as follows:

At least 25% by the start of full commercial operation.
At least 50% by the start of the third year of commercial operation.
100% by the start of the fifth year of commercial operation.

vii. Additional information required by Planning Commission rule or order that directly relates to the site plan.

2. Regulation Schedule B.

a. Principal Use Solar Energy Systems and Energy Storage Facilities.

Permitted Use. Principal Use Solar Energy Systems and Energy Storage Facilities on five (5) acres of land or less are a permitted use within the R-C, A-1, ER districts only.
Conditional Use. Principal Use Solar Energy Systems and Energy Storage Facilities on greater than five (5) acres in any zoning district shall be considered a conditional land use.

Setbacks. The Principal Use Solar Energy Systems and Energy Storage Facility setback requirements are found in the table below. All accessory equipment shall be subject to the same requirements.

	5MW or less/ <30 acre	Over 5MW/ >30 acres
Front Yard Setback (adjacent to right-of-way	50 feet from property line	100 feet from property line
Side Yard Setback	50 feet from property line	100 feet from property line
Rear Yard Setback	50 feet from property line	100 feet from property line

Where the renewable energy facility is comprised of multiple parcels, these setbacks shall apply to the exterior perimeter of all adjoining parcels. All setback distances are measured from the property line to the closest point of the renewable energy system. If the nearest component of the renewable energy system is a solar or photovoltaic array, the measurement shall be taken from the array at minimum tilt.

Height. The height of the renewable solar energy system and any mounts, buildings, accessory structures, and related equipment must not exceed twenty-five (25) feet when orientated at maximum tilt. Lighting rods may exceed twenty-five (25) feet in height, but they must be limited to the height necessary to protect the solar energy system from lightning and clearly shown in the site plan proposals. The height of the renewable storage energy system or any structure constructed to enclose the system shall not exceed forty-five (45) feet.
Screening. Greenbelt screening is required around the entire facility boundary perimeter to obscure, to the greatest extent possible, the solar or storage renewable energy system from all adjacent properties. Greenbelt standards set forth in Section 36-345(b)(5) shall be applied to all solar and storage renewable energy facilities. Each owner, operator, or maintainer of solar or storage renewable energy facilities to which this this ordinance applies shall utilize good husbandry techniques with respect to said vegetation, including but not limited to, proper pruning, proper fertilizer, and proper mulching, so that the vegetation will reach maturity as soon as practical and will have maximum density in foliage. Dead or diseased vegetation shall be removed and must be replanted at the next appropriate planting time. Applicant agrees to submit an acceptable and reasonable long-term landscape maintenance plan prior to final approval. The Planning Commission may modify these requirements if it reasonably determines modification is necessary as it relates to proposed placement of renewable energy systems and adjacent land uses and/or zoning.
Dual Use. Dual use practices are encouraged as defined in Section 36-5. A Dual Use plan must be provided as part of the submittal package for review and consideration by the Planning Commission and Township Board.
Ground Cover. The installation of perennial ground cover vegetation maintained for the duration of operation until the site is decommissioned is required. A ground cover vegetation establishment plan shall be provided as part of the site plan and shall contain native plants. Sites utilizing dual-use practices are exempt from the perennial ground cover requirements for the portion of the site employing dual-use practice.
Fencing. The facility boundary perimeter of a solar or storage renewable energy facility must be fenced per standards set forth in Section 36-73. Additional fencing may be required for screening or security purposes in cases where the Planning Commission deems necessary.
Glare. Solar renewable energy systems must be placed and oriented such that concentrated solar radiation or glare does not project onto roadways and nearby properties. Applicants have the burden of proving any glare produced does not cause annoyance, discomfort, or loss in visual performance and visibility. An analysis by a qualified professional third-party, mutually agreeable by both the Township and applicant, shall be required to determine if glare from the utility-scale solar energy system will be visible from nearby residents and roadways. The analysis shall consider the changing position of the sun throughout the day and year, and its influence on the solar renewable energy system.
Drainage and Stormwater. Renewable solar and storage energy facilities shall not increase stormwater runoff adjacent properties. The application shall include a drainage plan prepared by a registered civil engineer showing how stormwater runoff shall be managed and demonstrating that runoff from the site shall not cause undue flooding. Any necessary permits from outside agencies for off-site discharge shall be provided. It should also be demonstrated that maintenance procedures and products will not introduce chemicals or create detrimental impacts to the natural environment, groundwater, and wildlife. Drain tiles on-site shall be protected during the life of the project and are subject to professional review. If non-functioning drain tiles are discovered during the survey, they must be repaired and made functional or moved/abandoned if the drainage pattern has been altered to function in another manner approved by the Washtenaw County Water Resources commission. Any drain tiles rendered non-functioning directly as a result of construction, operation, maintenance or decommissioning of the facility or repaired so as not to create any drainage issues on the facility or on adjacent and surrounding properties.
Noise. The renewable solar or storage energy facility may not generate a maximum sound in excess of 55 average hourly decibels as measured from the nearest non-participating dwelling wall. Decibel modeling shall use the A-weighted scale as designed by the American National Standards Institute.
Code Compliance. All renewable storage energy facilities, all dedicated use buildings, and all other buildings or structures that (1) contain or are otherwise associated with a renewable storage energy facility and (2) subject to the Building Code shall be designed, erected, and installed in accordance with all applicable provisions of the Building Code, all applicable state and federal regulations, and industry standards as referenced in the Building code and the Scio Township Zoning Ordinance.

b. Wind Energy Conversion System (WECS)

Setbacks. The distance between a WECS and the nearest non-participant property line and/or nearest road right of way shall be at least one and one-half property (1.5) times the height of the WCES. No part of the WECS structure, including guy wire anchors, may extend closer than ten (10) feet to the owner's property line. No setback is required between participating properties. All accessory equipment shall be at least one hundred (100) feet from the nearest property line.
Shadow Flicker. Each wind tower is sited such that any occupied community building or nonparticipating residence will not experience more than 30 hours per year of shadow flicker under planned operating conditions as indicated by industry standard computer modeling.
Height. Each wind tower blade tip does not exceed the height allowed under a Determination of No Hazard to Air Navigation by the Federal Aviation Administration under 14 CFR part 77.
Sound. Audible noise or the sound pressure level of an on-site WECS shall not exceed fifty-five (55) dB(A) at the nearest non-participating dwelling wall to the WECS. This sound pressure level may be exceeded during short-term event such as utility outages and/or severe windstorms.
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 S 1.4 specifications for a Type ll sound meter. Documentation of the sound pressure level measurements shall be provided to Scio Township within 60 days of the operation of the project.
Lighting. The WECS is equipped with a functioning light-mitigating technology. To allow proper conspicuity of a wind turbine at night during construction, a turbine may be lighted with temporary lighting until the permanent lighting configuration, including the light-mitigating technology, is implemented. The Planning Commission may grant a temporary exemption from the requirements of this subparagraph if installation of appropriate light-mitigating technology is not feasible. A request for a temporary exemption must be in writing and state all of the following:

The purpose of the exemption.
The proposed length of the exemption.
a description of the light-mitigating technologies submitted to the Federal Aviation Administration.
The technical or economic reason a light-mitigating technology is not feasible.
Any other relevant information requested by the Planning Commission.

vii. Guy Wires. If an on-site WECS is supported by guy wires, the wires shall be clearly visible to a height of at least six (6) feet above the guy wires anchors. Every commercial WECS must be a freestanding monopole design, and guy wires shall not be used.

c. Standards for all Schedule B Renewable Energy Facilities.

Abandonment, Removal, Repowering and/or Maintenance. If a renewable energy facility ceases to perform its intended function (generating electricity) for more than 12 consecutive months, the operator shall remove all associated equipment and facilities no later than 90 days after the end of the 12-month period. Where the removal has not been lawfully completed as required above, and after at least 30 days' written notice, the Township may remove or secure the removal of the renewable energy facility and/or system or if due to abandonment and/or negligence to maintain, the Township shall have the right to enter the site for the reason of repowering the facility, in cases where repairs or replacements to the renewable energy system components are necessary, in order to properly maintain the system. The Township's actual cost and reasonable administrative charges to be covered by the operator's security bond. Charges may include the procurement of a contractor with the expertise to oversee and execute the entire set of repairs and/or maintenance to restore the site to its original capacity. Any costs incurred by the Township above and beyond the value of the security bond will be the responsibility of the operator.
Decommissioning. The ground shall be restored to its original topography within 60 days of removal of structures.
Acceptable ground covers include grasses, trees, crops, or other material demonstrated to be characteristic of the surrounding land. All above and below ground materials shall be removed when the renewable energy facility and/or system is decommissioned. All installed landscaping and greenbelts shall be permitted to remain on the site as well as any reusable infrastructure as determined by the Township. These can include service drives, utilities, etc.
Surety. A letter of credit, cash deposit, or other security instrument found acceptable to the Township Board will be posted by the owner(s) and /or operator of the Utility-scale solar energy facility in a form acceptable to the Township equal to one-hundred fifty (150) percent of the total estimated decommissioning and/or reclamation costs. The cost of decommissioning shall be re-viewed and submitted to the Township annually to ensure adequate funds are allocated for decommissioning. The security instrument, shall be appropriately adjusted to reflect the current decommissioning estimate.

The applicant shall engage a certified professional engineer acceptable to the Township to estimate the total cost of decommissioning all structures in the facility in accordance with the requirements of this Ordinance, including reclamation to the original site conditions.

A security bond, if utilized, shall be posted and maintained with a bonding company licensed in the State of Michigan or a Federal or State-chartered lending institution acceptable to the Township.

Any bonding company or lending institution shall provide the Township with 90 days' notice of the expiration of the security bond. Lapse of a valid security bond is grounds for the actions defined below.

If at any time during the operation of the renewable energy facility or prior to, during, or after the sale or transfer of ownership and/or operation of the facility the security instrument is not maintained, the Township may take any action permitted by law, revoke the special land use, order a cessation of operations, and order removal of the structure and reclamation of the site.If at any time during the operation of the renewable energy facility or prior to, during, or after the sale or transfer of ownership and/or operation of the facility the security instrument is not maintained, the Township may take any action permitted by law, revoke the special land use, order a cessation of operations, and order removal of the structure and reclamation of the site.

In the event of sale or transfer of ownership and/or operation of the renewable energy facility, the security instrument shall be maintained throughout the entirety of the process. The security instrument shall be maintained until decommissioning and removal has been completed to the satisfaction of the Township.
Provision of Manufacturers' Safety Data Sheet(s). The applicant must submit manufacturer safety data sheets for solar data sheets for solar panels, transformers, inverters, batteries and any project fluids. If approval is granted, applicant must provide the Township with finalized manufacturer safety data sheets both to be kept on record with the Township and on-site in a clearly marked waterproof container. Applicants must provide updated manufacturer data sheets whenever equipment is modified so that all records are up to date. Documentation shall include the type and quantity of all materials used in the operation of all equipment.
Fire Response. All electrical equipment associated with and necessary for the operations of the facility shall comply with all local and state codes. All design and installation work shall comply with all applicable provisions of the National Electrical Code (NEC). Energy storage facilities shall also comply with NFPA 855.

The applicant shall provide training, at no cost to the Township, before, approximately halfway through and after construction for all emergency service departments serving the Township. In addition to other requirements for permits, all three trainings must have been completed to receive final permits. Trainings upon the completion and during the operation of the renewable energy facility will be conducted at the request of any emergency service departments but will not exceed four (4) trainings per any given twelve (12) month period.

The applicant shall provide a set of procedures and protocols for managing risk or fire and for responding in the event of an emergency at the facility. It will be the burden of the applicant to ensure said procedures and protocols provided to the various emergency service departments are the most up to date version.

Special equipment that may be required to ensure the safety of fire and rescue personnel when responding to an emergency at the facility shall be provided at no cost to the Township prior to commencement of construction of the facility. The authority to determine whether, and what type of special equipment is needed shall be with the fire and/or rescue department(s) serving the Township.

The applicant shall provide for and maintain reasonable means of access for emergency services. Lock boxes and keys shall be provided at locked entrances for emergency personnel access. If any adjoining properties are damaged as a result of emergency access ingress/egress to the facility, the applicant shall remedy all damages in full.
Anticipated Construction Schedule. Applicant must provide an anticipated construction schedule which highlights when potentially hazardous materials will be brought on-site and installed.
Permits. Applicant must coordinate with all applicable agencies for required permitting including but not limited to the Washtenaw County Road Commission and/or Michigan Department of Transportation (MDOT), Washtenaw County Water Resources Commission, Environmental Protection Agency (EPA), Michigan Department of Environment, Great Lakes and Energy (EGLE), etc.
Photographic Record. Applicant must submit a complete set of photos and video of the entire development area prior to construction. This will be used as historical documentation for the township to secure and refer to if/when decommissioning and redevelopment activities take place.
Site Security. A security plan shall be submitted with the special land use application and site plan application for a renewable energy facility. The security plan shall:

Show all points of secured access as well as the means for limiting access to authorized personnel only.
Along with other signage requirements in the Ordinance and the Township Sign Ordinance, install and maintain warning signage on all dangerous equipment and facility entrances.
Provide a schedule outlining the implementation and maintenance of site security as well as routine inspections to ensure site security infrastructure is intact and operating as intended.

xi. Indemnity. Applicant will indemnify and hold the Township harmless from any costs or liability arising from the approval, installation, construction, maintenance, use, repair, or removal of the Utility-scale renewable energy facility and/or system, which is subject to the Township's review and approval.

d. Schedule B Site Plans. Applications for all schedule B renewable energy facilities must be accompanied by detailed site plans, drawn to scale and dimensioned and certified by a registered engineer licensed in the State of Michigan. All site plans shall conform to the requirements of Article 36-VI, Site Plan Review. In addition, they shall display the following information:

Horizontal and vertical to scale drawings (elevations) with dimensions that show the location of the proposed solar array(s), wind turbines and energy storage facilities, buildings, structures, electrical tie lines and transmission lines, security fencing and all above ground structures and utilities on the property.
Location of all existing and proposed overhead and underground electrical transmission or distribution lines within the renewable energy facility and within one hundred (100) feet of all facility boundary property lines. Use of above-ground lines shall be kept to a minimum.
Planned security measures to prevent unauthorized trespass and access during the construction, operation, removal, maintenance or repair of the renewable energy facility. In no instance shall barbwire be used.
A written description of the maintenance program to be used for the renewable energy facility, including decommissioning and removal. The description shall include maintenance schedules, types of maintenance to be performed, and decommissioning and removal procedures and schedules if the renewable energy facility is decommissioned. Description should include the average useful life of all primary renewable energy system equipment and components being proposed.
Additional detail(s) and information as required by the Planning Commission and/or Township Board.

e. Schedule B Required Studies. All studies/analyses listed below are required for all schedule B renewable energy facilities unless waived by the Planning Commission.

Stormwater Study. An analysis by a qualified professional third-party, mutually agreeable by both the Township and applicant, shall be required to account for the proposed layout of the renewable solar or storage energy facility and how the spacing, row separation, and slope affects stormwater infiltration, including calculations for a 100-year rain-event (storm). Percolation tests or site-specific soil information shall be provided to demonstrate-infiltration on-site without the use of engineered solutions.
Natural Feature Preservation Study. The plan for installation of a renewable energy facility shall include a tree survey and proposed plan for cutting trees greater than 6-inches DBH. No such trees shall be cut in any required setback other than those reasonable required for the installation of a drive to access the facility. Retention of natural grades, soils, and groundcover material is encouraged where feasible.
Wildlife Impact. The applicant shall submit a study by a qualified professional, such as an ornithologist or wildlife biologist, describing the potential impact of the renewable energy facility on migratory birds or bats and threatened or endangered species.
Environmental Impact Analysis. An analysis by a qualified professional third-party, mutually agreeable by both the Township and applicant, shall be required to identify and assess any potential impacts on the natural environment including, but not limited to, wetlands and other fragile ecosystems, historical and cultural sites, and antiquities. the applicant shall take appropriate measures and cultural sites, and antiquities. The applicant shall take appropriate measures to minimize, eliminate, or mitigate adverse impacts identified in the analysis.

An applicant shall identify and evaluate the significance of any net effects or concerns that will remain after mitigation efforts. the applicant shall comply with applicable parts of the following:

Michigan Natural Resources and Environmental Protection Act (Act 451 of 1994, MCL 324.101 et seq. including but not limited to:
Part 31 Water Resources Protection (MCL 324.31 et seq.),
Part 91 Soil Erosion and Sedimentation Control (MCL 324.9101 et seq.),
Part 301 Inland Lakes and Streams (MCL 324.30101 et seq.),
Part 303 Wetlands (MCL 324.30301 et seq.),
Part 323 Shoreland Protection and Management (MCL 324.32301 et seq.),
Part 325 Great Lakes Submerged Lands (MCL 324.32501 et seq.),
Part 353 Sand Dunes Protection and Management (MCL 324.35301 et seq.).

(Ord. No. 2010-01, § 2, 2-23-2010)

HISTORY
Amended by Ord. 2026-25 Effective 6/4/2026 on 5/12/2026

Sec 36-149 Agricultural Commercial/Tourism Business

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.
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.
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.
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)

Sec 36-150 Ancillary Oil And Gas Uses And Structures

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.
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.
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.
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.
Any provision of this section may be appealed to the township zoning board of appeals pursuant to article XIV, zoning board of appeals.
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.

HISTORY
Adopted by Ord. 2015-06 § 2 on 7/28/2015

Sec 36-151 High Resource Demand Facilities And Data Centers

High Resource Demand Facilities and Data Centers of the Township of Scio Code of Ordinances, Definitions, is added as follows:

Purpose and Intent. The purpose of this ordinance is to establish a regulatory framework for siting, design, operation and decommissioning of High Resource Demand Facilities, which include data centers and data processing centers, in order to balance local economic benefits with protection of public health, safety, welfare, natural resources, and neighborhood character. These standards are intended to:

Direct High Resource Demand Facilities to locations with existing and adequate infrastructure, redevelopment and infill of existing sites, and minimal land use conflicts.
Avoid and mitigate nuisance impacts (noise, vibration, light/glare, air emissions).
Ensure efficient use of water and electricity, prioritizing renewable energy and conservation.
Promote context appropriate architectural and robust screening.
Ensure responsible decommissioning and site restoration.

Applicability.

Section 36-151 applies to High Resource Demand Facilities, Data Center and Data Processing uses, including Large-Scale, Small-Scale, and Accessory as defined herein.
Complete Special Land Use and Site Plan applications are required in accordance with Articles 36-VI and 36-VII herein.
Approval is contingent upon the applicant demonstrating conformance to the requirements of this ordinance and other standards of the Zoning Ordinance.
Where conflicts exist between this section and other provisions, this section governs. Where silent, other applicable provisions apply (e.g., lighting, landscaping, stormwater management, and performance standards).

C. Definitions.

High Resource Demand Facility (HRDF): A principal nonresidential facility, campus, or group of buildings under common ownership or control that is characterized by (i) continuous or near-continuous operation, and (ii) significant mechanical, electrical, or cooling infrastructure, that meets the applicability criteria in subsections a. and b. below.

A facility shall be considered an HRDF only when both of the following are met:

Operational Characteristics. The facility includes one or more of the following operation characteristics that are integral to the primary use:

Central plant or large-scale mechanical cooling and/or ventilation systems service process loads or IT/electronic equipment;
On-site emergency generation with an aggregate nameplate capacity exceeding 2,000 kW or 2 MW, and/or on-site fuel storage exceeding 10,000 gallons;
Dedicated electrical transformation/switchgear yard, substation, or similarly intensive electrical infrastructure primarily serving the facility;
24-hour operations and/or operational necessity requiring uninterrupted environmental control (temperature/humidity) or high-reliability power systems.

Resource/Infrastructure Thresholds. The facility exceeds one or more of the following thresholds, as demonstrated by applicant-prepared estimates and approved or constructed within five (5) years:

Water demand: average daily water demand > 100,000 gallons/day;
Sanitary sewer: average daily sanitary discharge > 50,000 gallons/day;
Electric demand: maximum contracted demand or designed peak demand > 10MW (or equivalent documented kW);
Hazardous material s/ regulated wastes: storage, use, or generation requiring reporting under [EPCRA Tier II and/or applicable state hazardous materials reporting] and/or generation of hazardous waste at a level regulated under [state/federal hazardous waste generator requirements], as documented on a materials inventory submitted with the application.

Exclusions. HRDF does not include general warehousing/distribution, general manufacturing, or office uses unless the Zoning Administrator determines, based on operational characteristics and supporting documentation, that the facility is substantially similar in operational profile to HRDF-type facilities (e.g., high-reliability power demand and continuous environmental control serving electronic/process loads) and meets subsections a. and b.

Aggregation. Multiple buildings, modules or phases located on the same site or on contiguous parcels under common ownership or control shall be aggregated for purposes of determining HRDF status and whether thresholds are exceeded.

Relationship to Data Centers. A Data Center or Data Processing Center that meets the HRDF definition shall be considered an HRDF and shall comply with all applicable HRDF supplemental standards.

2. Data Center: A facility used for the centralized storage, management, processing, and transmission of digital information, typically containing computer servers, data storage systems, telecommunications equipment, power distribution systems, cooling and ventilation systems, uninterruptible power supplies, backup generators, and associated support infrastructure. The term includes colocation centers, cloud-computing facility, hyperscale computing facilities, and similar high-intensity information technology operations. The term does not include small server rooms, IT closets, or similar equipment rooms that are clearly accessory and subordinate to another lawful principal use.

3. Data Processing Center: A building or portion of a building used primarily for the manipulation, analysis, computation, or transformation of digital information through computer hardware or specialized equipment. A Data Processing Center may include servers or digital processing equipment but is typically of smaller scale or lower intensity than a Data Center and may involve office or administrative functions associated with data manipulation. The term does not include general business offices or accessory server rooms subordinate to a principal use.

4. Large-Scale Data Center and Data Processing Center: A center equal or greater than 25,000 square feet gross floor area or located on a site greater than 10 acres

5. Small-Scale Data Center and Data Processing Center: A center less than 25,000 square feet gross floor area often serving local or regional networks.

6. Accessory Data Center and Data Processing Center: A center that is clearly incidental and subordinate to a principal use (e.g., hospital, university, large employer) and less than 10,000 square feet gross floor area.

7. Battery Energy Storage System (BESS): one or more electrochemical energy storage containers, inverters, switchgear, and associated equipment, which may be collocated with a High Resource Demand Facility to provide resiliency or load management.

8. On-Site Substation/Switchyard: Electric utility facilities (e.g., transformers, breakers) necessary to serve a High Resource Demand Facility.

D. Districts Permitted.

High Resource Demand Facility: Conditional land use in the Industrial zoning district only. Prohibited elsewhere.
Large-Scale Data Centers and Data Processing Centers: Conditional land use in the Industrial zoning district only. Prohibited elsewhere.
Small-Scale Data Centers and Data Processing Centers: Conditional land use in the Industrial, Commercial and Office Service zoning districts.
Accessory Data Centers and Data Processing Centers: Conditional land use accessory to an approved principal use in the Industrial, Commercial and Office Service zoning districts.

E. Dimensional Standards.

Minimum Lot Area
1. High Resource Demand Facility: 20 acres
2. Large-scale: 20 acres
3. Small-scale and Accessory: 4 acres
Maximum Building Height: 45 feet; 3 stories
Maximum Lot Coverage: 60% (impervious surface)
Minimum Setbacks:

High Resource Demand Facility: 400 feet from all property lines
Large-scale: minimum 400 feet from all property lines.
Small-scale and accessory: minimum of 100 feet from all property lines.
Greenbelt: A minimum 50-foot landscaped greenbelt shall be provided along all property lines. The greenbelt shall include an eight (8)-foot tall berm in accordance with Section 36-345(b)(11)c. with Evergreen trees planted not more than 30 feet on center.
Siting: A High Resource Demand Facility, including, but not limited to, a Large-Scale Data Center, shall not be located on any parcel that is within 500 feet of any residential zoned or used property.

F. Site and Design Standards applying to all High Resource Demand Facilities and Data Centers.

Mechanical, Loading and Rooftop Equipment.

Mechanical equipment shall be fully enclosed unless mechanically unfeasible based on manufacturers’ specifications.
If located outside of a building, all mechanical equipment (HVAC, generators, cooling towers, transformers) shall be fully screened by architecturally compatible walls/panels.
Rooftop equipment must be screened to full height from public viewpoints.
Service/loading areas shall be oriented away from residential districts where feasible and screened in accordance with Section 36-379(c).

Lighting. Security and area lighting shall comply with Section 36-315 – full cut-off fixtures, downward-directed, and shielded to prevent glare and light trespass beyond property lines.
Landscaping and Buffers. All landscaping and buffers shall comply with Section 36-345.
Stormwater and Wastewater.

Stormwater. On-site detention and water-quality treatment are required per the Washtenaw County Water Resources Commission (WCWRC). Designs shall address potential thermal impacts from large roof/pavement areas and condenser discharge.
Withdrawals/Discharge. Any large-quantity water withdrawal or discharge shall comply with applicable state and county permits.

Traffic and Construction Management.

A Construction Logistics and Traffic Management Plan is required identifying haul routes, delivery windows, worker parking and dust/mud control. The Washtenaw County Road Commission (WCRC) will review and approve the Construction Logistics and Traffic Management Plan and may require a Road Improvement Agreement as part of any project.
Construction hours hall be limited to 7:00 a.m. – 7:00 p.m. Monday through Saturday unless otherwise approved.

G. Performance Standards:

Noise and Vibration.

Noise. Operations, including all mechanical equipment, cooling systems, generators, and HVAC equipment, shall not exceed the following noise levels as measured at the property line:
Daytime (7:00AM to 10:00PM): 55dBA (A-weighted)
Nighttime (10:00PM to 7:00AM): 45 dBA (A-weighted)
Low-Frequency noise at all times: 65 dBC (C-weighted)
1. Equipment testing, maintenance activities, and construction activities that generate elevated noise, including generator testing, shall be limited to the hours of 8:00 a.m. to 6:00 p.m., Monday through Friday.
2. The average hourly decibel level may be exceeded during short-term events such as severe windstorms.
  A pre- and post-construction noise evaluation shall be completed by a certified professional by the Institute of Noise Control Engineering (INCE), or a licensed Professional Engineer (PE) to verify compliance with the Township’s standards. The post-construction noise evaluation shall be completed after completion of all planned data center buildings at the end of construction.
Vibration. Operations shall not cause perceptible vibration at the property line per ASI/ISO criteria.

Air Quality and Emissions.
1. All stationary engineers, cooling towers, and emission sources shall comply with the Federal Clear Air Act and EGLE rules. Required Air Use Permits to Install (PTI) must be obtained and kept current.
2. New generators shall meet EPA Tier 4 Final standards. Dispersion modeling may be required where within 500 feet of schools, parks, or hospitals.

H. Energy and Sustainability.Utility Capacity Impact Statement from DTE/ITC confirming service adequacy.

Infrastructure Impact Statement. Applicants shall submit an Infrastructure Impact Statement at the time of site plan review, which must identify:

Utility Capacity Impact Statement from DTE/ITC confirming service adequacy.
Anticipated electric power demand (MW).
Anticipated water usage for cooling and other operations (gallons per day).
Waste heat recovery, reuse, or discharge methods.
Planned on-site backup generation capacity (MW) and associated fuel type(s).

Energy Efficiency.
1. Data Centers must be designed to achieve a Power Usage Effectiveness (PUE) of 1.3 or lower or provide documentation demonstrating the highest level of efficiency reasonably achievable based on site-specific constraints.
2. Facilities shall incorporate best practices for energy conservation, including but not limited to high-efficiency HVAC systems, waste heat reuse, variable-speed drives, and hold/cold aisle containment.
3. Applicant shall provide an operations report detailing anticipated power demand and redundancy systems.
4. Applicant shall provide a heat recovery or reuse feasibility analysis (waste heat for district energy).
Renewable Energy Integration.
1. Applicants are encouraged to incorporate on-site renewable energy generation (e.g., solar, wind, geothermal) or to procure renewable energy from off-site sources.
2. One hundred percent (100%) of the annual process energy shall be generated through renewable energy sources, whether on-site or through power purchase agreements, renewable energy credits, or e-certified power programs.
3. Renewable energy procurement shall meet the requirements of the Michigan Commercial Energy Code Appendix CC with the addition of a utility renewable power contract or voluntary program’s procurement factor of 1.0.
Water Conservation.
1. Cooling systems shall be designed to minimize potable water use. Closed-loop water systems are required.
2. Facilities using water-based cooling must demonstrate the use of recycled, reclaimed, or non-potable water sources to the maximum extent possible.
Green Building Practices.
1. New data center structures shall be designed to achieve LEED Silver certification or an equivalent third-party sustainability certification or provide documentation of equivalent performance standards.
2. The Planning Commission may approve alternative documentation demonstrating substantially similar environmental performance.
Waste Management Plan. A waste management plan detailing how construction waste will be handled during the construction period. The plan shall include:
1. Estimated volumes and types of materials to be generated.
2. Identification of materials proposed for recycling, salvage, or reuse.
3. Designated recycling and disposal facilities.
4. Procedures for on-site material separation and storage.
5. Documentation requirements demonstrating final disposal and diversion.
6. A minimum diversion rate of 50% is required.
Air Quality.
1. All generators, cooling systems, and other emission sources shall comply with Federal Clean Air Act requirements and the Michigan Department of Environment, Great Lakes, and Energy (EGLE) air quality rules.
2. Facilities shall obtain and maintain any required air use permit to install (PTI) or other approvals from EGLE for stationary engines, cooling towers, or fuel storage.
3. Generator emissions.\
  1. Generators shall meet or exceed current EPA Tier 4 Final emissions standards.
  2. Dispersion modeling may be required if a facility is within 500 feet of a residential district, school, park, or hospital.
4. Routine generator testing shall occur only between 8:00a.m. and 6:00 p.m. on weekdays.
5. Applicants shall submit an annual statement to the Township confirming compliance with EGLE permits and reporting actual operating/testing hours of backup generators.

I. Security and Emergency Access. Data centers shall be designed and operated to protect the facility, surrounding community, and public safety resources.

Controlled Access.

All site entrances shall include controlled access gates, guard stations, or equivalent security technology to prevent unauthorized entry.
Visitor and delivery access points must be separated from employee access points wherever feasible.

Emergency Access.
1. A minimum of two points of emergency vehicle access shall be provided, with clear signage and unobstructed pathways around the building.
2. Access drives shall be constructed to fire development standards, with sufficient load-bearing capacity for emergency apparatus.
3. Fire lanes shall be maintained free of obstruction at all times.
Fire Protection and Suppression.
1. Data centers shall be equipped with an automatic fire detection and suppression system designed to protect both building occupants and sensitive equipment.
2. Suppression systems shall comply with National Fire Protection Association (NFPA) standards and be approved by the Fire Marshal.
Hazardous Materials Management.
1. Any use of hazardous materials (including fuels for backup generators, batteries, and chemicals for cooling systems) shall comply with federal, state, and local storage, reporting, and disposal requirements.
2. Applicant shall provide a Hazardous Materials Management Plan identifying on-site materials, storage methods, spill prevention measures, and emergency response procedures.
3. Any water cooling pit reservoirs shall be constructed to contain 2.5 times the needed volume of fluid needed with triple alternating layers of compacted clay and geosynthetic clay lines to prevent contaminated cooling water from leaching back into the local watershed. Such cooling reservoirs shall be enclosed to prevent particulate matter from being released into the atmosphere. Used cooling water shall be disposed of at an appropriate licensed haz-mat disposal facility.
4. Applicant shall provide fire protection plan.
Emergency Response Coordination.
1. Applicant shall submit an Emergency Response Plan to the Township at the time of site plan review, which must include:
  1. Site layout for emergency responders.
  2. Fire suppression and alarm systems description.
  3. Backup generator location and fuel storage details.
  4. Contact information for on-site security and facility management.
2. Operators shall provide annual training opportunities and site orientations to local fire, police, and emergency medical services.
Battery Energy Storage Systems (if provided)
1. Battery Energy Storage Systems (BESS) shall be an accessory component to the principal use of the property.
2. BESS shall comply with NFPA 855, the Michigan Building/Fire Codes, and manufacturer’s specifications.
3. Outdoor BESS containers shall be setback a minimum of 100 feet from property lines and 300 feet from residential districts/uses, unless a greater distance is required by NFPA 885 based on technology and aggregate capacity.
4. Provide vehicle impact protection fire-rated separation where required, gas detection, ventilation, and emergency shut-offs. Include a BESS-specific emergency response plan and data sheet package.
On-Site Substation/Switchyard (if provided)
1. Shall be located to minimize visual and noise impacts; evergreen screening and security fencing consistent with utility standards shall be provided.
2. Transformers shall include integral secondary containment sized per state rules.

J. Use of Consultants and Cost Recovery.

The Township may retain qualified consultants to review energy efficiency, water use, air quality, BESS safety, renewable energy, stormwater, and related matters.
All reasonable costs shall be escrowed by the applicant.

K. Monitoring and Reporting.

Prior to Certificate of Occupancy, commissioning results for mechanical. electrical systems and acoustical compliance shall be submitted to the Township.
Owners and operators shall provide an annual sustainability report (be March 31 each year) to the Township, including:

Actual annual energy consumption (MWh) and calculated PUE.
Renewable energy procurement and percentage of total load.
Water usage (gallons) and cooling method.
Water discharge (gallons).
Generator testing/operating hours and emissions compliance statement with current EGLE permits.
Sound Level monitoring summary.
Summary of any energy efficiency, cooling system upgrades, and security upgrades implemented

Failure to monitor and report may be grounds to revoke any Township approvals.

L. Additional Site and Design Standards applying to High Resource Demand Facilities and Large-Scale Data Centers.

Architecture and Façade Articulation.

Massing and Scale.

Building mass, height, bulk, scale, and proportion shall maintain consistency with the existing character of the adjacent buildings.
Building design should employ coordinated massing to produce overall unity, scale, and interest.
Rooflines and pitches shall be proportionate to nearby structures so as to provide transition or mitigation of significant changes to scale.

Architectural Design and Building Materials
1. 1. Expression of structural system and infill panels through change in plane not less than three inches.
  2. System of horizontal and vertical scaling elements, such as belt course, string courses, cornice, pilasters.
  3. System of horizontal and vertical reveals not less than one inch in width/depth.
  4. Variations in materials module, pattern, and/or color.
  5. System of integrated architectural ornamentation.
  6. Green screen or planter walls.
  7. Translucent, fritted, patterned, or colored glazing.
  8. Architectural style shall not be restricted. Rather, evaluation of the appearance of a project shall be based upon compatibility and the quality of its design and relationship to surroundings.
  9. Buildings within the same development shall be designed to provide a unified and easily identifiable image. Methods to achieve this include using similar architectural styles and materials, complementary roof forms, signs, and colors.
  10. Minimize monotony of expansive exterior walls by incorporating the following elements: staggering vertical walls; recessing openings; providing upper-level roof overhangs; using deep score lines at construction joints; contrasting compatible building materials; use of variety and rhythm of window and door openings; use of horizontal and vertical elements; use of horizontal bands of compatible colors; and providing changes in roof shape or roofline.
  11. Facades shall provide visual interest from both vehicular and pedestrian viewpoints.
  12. Entrances to individual buildings shall be readily identifiable to visitors through the use of recesses or pop-outs, roof elements, columns, or other architectural elements. Façade Variation. Wall designs must provide minimum of three of the following elements, occurring at intervals no greater than 25 feet horizontally and 10 feet vertically:
Material Standards.
1. Durable building materials, simple configurations, and solid craftsmanship are required. At least 75% of walls visible from public streets, shall be constructed of brick, glass, metal (beams, lintels, trim elements, and ornamentation only), wood lap, stucco, split-faced block, or stone. Vinyl or aluminum siding shall only be used for accents. Exterior Insulation Finishing Systems (E.I.F.S.) or similar material is not permitted as a primary building material.
2. Materials shall be selected for suitability to the type of buildings and the architectural design in which they are used.
3. Material selection shall be consistent with architectural style in terms of color, shades, and texture; however, monotony shall be avoided.
4. Materials shall be consistent with adjoining buildings.
5. Buildings shall have the same materials or those that are architecturally compatible, for construction of all building walls and other exterior building components wholly or partly visible from public ways and public parking lots.
6. If any design in which the structural frame is exposed to view, the structural materials shall be compatible within themselves and harmonious with their surroundings.
7. Transitional Features.
  1. Transitional features are architectural elements, site features, or alterations to building massing that are used to provide a transition between higher-intensity uses and low- or moderate-density residential areas. These features assist in mitigating potential conflicts between these uses. Transitional features are intended to be used in combination with landscape buffers or large setbacks.
  2. A continuum of use intensity, where moderate-intensity uses are sited between high-intensity uses and low-intensity uses, shall be developed for multibuilding developments. An example would be an office use between commercial and residential uses.
  3. Building height and mass in the form of building step-backs, recess lines or other techniques shall be graduated so that structures with higher-intensity uses are comparable in scale with adjacent structures of lower-intensity uses.
  4. Similarly sized and patterned architectural features, such as windows, doors, arcades, pilasters, cornices, wall offsets, building materials, and other building articulations included on the lower-intensity use shall be incorporated in the transitional features.

Noise Evaluation. Commencing on the fifth anniversary of the end of construction, as defined hereafter, and continuing every five years thereafter, for so long as the HRFD and/or data center operates, a noise evaluation shall be completed at the operators expense by a certified provisional by the Institute of Noise Control Engineering (INCE), or a licensed professional engineer (PE) to verify compliance with the Township’s standards outlined in this section. Completion of all data center building, or end of construction, means the date on which all of the following have occurred: completion of construction of the HRDF or data center, or in the case of a phased or multi-building campus, all buildings of the multi-building campus, and issuance of a certificate of occupancy for all related buildings; and the facility operator has communicated, in writing, to the Zoning Administrator that it has completed the campus; provided, that, if all construction has stopped on the property for more than six (6) consecutive calendar months, other than due to delays by the Township or Washtenaw County in processing related permits or approvals, then “end of construction” as used herein shall be deemed to have occurred as of the last day of such calendar month. The six-month timeframe may be extended by the Zoning Administrator when just cause is shown.
Decommissioning. As a condition of site plan and conditional use approval, the applicant shall submit Decommissioning and Site Restorage/Reuse Plan that addresses:
1. Triggers for Decommissioning.
  1. A data center shall be considered abandoned if it ceases operations for a period of 12 consecutive months, unless the owner provides evidence of intent to resume operations.
  2. Decommissioning must begin within 6 months of abandonment and be completed within 12 months.
  3. Decommissioning may not be required, if the property owner can provide documentation the facility can be repurposed for another use as outlined in the reuse plan and shall be completed three (3) years from the date of abandonment.
2. Performance Guarantee / Financial Assurance.
  1. Prior to issuance of a building permit, the applicant shall post a financial guarantee in the form of a letter of credit, bond, or escrow account acceptable to the Township.
  2. The amount shall equal 125% of the estimated decommissioning cost, as determined by a qualified engineer and approved by the Township.
  3. Estimates must be updated every 5 years and adjusted for inflation.
3. Removal Standards.
  1. All above-ground structures, including buildings, mechanical equipment, cooling towers, security fencing, and pavement not otherwise serving a reuse, shall be removed.
  2. Below-ground infrastructure, such as foundations and utilities, shall be removed to a minimum depth of 36 inches below grade unless otherwise approved.
  3. Materials shall be recycled to the maximum extent practicable.
4. Site Restoration.
  1. The site shall be restored with topsoil, seeded or planted with native vegetation and stabilized to prevent erosion.
  2. The Township may approve alternate restoration plants if the site is proposed for redevelopment consistent with the Master Plan and zoning ordinance.
5. Failure to Decommission.
  1. If the owner fails to complete decommissioning in accordance with the approved plan, the Township may draw upon the financial guarantee to complete the work.
  2. Any costs exceeding the financial guarantee shall remain the responsibility of the property owner.

HISTORY
Adopted by Ord. 2026-03 on 6/5/2026

Sec 36-152 Massage Therapy Regulations

Standards. A massage therapist must be licensed by the Department of Licensing and Regulatory Affairs, Bureau of Health Professions. All licenses shall be prominently displayed on the premises. Upon required of any officer of the Township, licenses shall be provided for review and verification.
Authorized Location. Massage therapy is considered a personal service.
Inspection. Every establishment operated as a licensed massage therapy establishment shall be open for inspection by duly authorized representatives of the public safety, planning, or building department during operating hours for the purpose of enforcing any provision of this section or any other ordinance or regulation of the Township relating to public health, safety and welfare. It shall be unlawful for any person to refuse entry by Township representatives to the premises in which a massage establishment is being operated for the purpose of making lawful inspections.