(a)

For the purposes of this chapter, the township is hereby divided into the following zoning districts:

(b)

In addition, sections of the zoning districts in subsection (a) of this section may be located in floodplain and other water areas.

(Ord. No. 26, § 3.00, 9-13-1990)

The boundaries of the zoning districts enumerated in section 40-153 are hereby established as shown on the zoning map which this text, and which map with all notations, references and other information shown thereon, shall be as much a part of this chapter as if fully described herein.

(Ord. No. 26, § 3.01, 9-13-1990)

Where, due to the scale, lack of details, or illegibility of the zoning map, there is any uncertainty, contradiction, or conflict as to the intended locations of any zoning district boundaries shown thereon, interpretation concerning the exact location of district boundary lines shall be determined upon written application to the zoning board of appeals. The board in arriving at a decision on such matters shall apply the following standards:

(1)

The boundaries of zoning districts are intended to follow centerlines of alleys, streets or other rights-of-way, watercourses, or lot lines, or be parallel or perpendicular thereto, unless such district boundary lines are otherwise clearly indicated on the zoning map.

(2)

Where district boundaries are so indicated that they approximately follow lot of record line, such lines shall be construed to be boundaries.

(3)

In unsubdivided property, or where a district boundary divides a lot of record, the location of such boundary, unless shown by dimensions on the zoning map shall be determined by use of the map scale shown thereon.

(Ord. No. 26, § 3.02, 9-13-1990)

The regulations herein established within each zoning district shall be the minimum regulations for promoting the protection of the public health, safety, and general welfare and shall be uniform for each class of land, buildings, structure, or uses throughout each district. Wherever the requirements of this chapter are inconsistent with the requirements of any other adopted rules regulations, or ordinances, the most restrictive or those imposing the higher standards shall govern. Except as hereinafter provided, district regulations shall be applied in the following manner:

(1)

No building shall hereafter be erected, altered, or moved, nor shall any building or premises hereafter be used for any purpose other than is permitted in the district in which said building or premises is located, except by appeal as herein described by this chapter.

a.

Principal uses permitted. Uses shall be permitted by right only if specifically listed as principal permitted uses in the various zoning districts.

b.

Accessory uses and buildings. Accessory uses are permitted only if such uses are clearly incidental to the permitted principal uses.

c.

Principal uses permitted subject to special conditions. A use permitted subject to special condition is a use of land or buildings requiring some measure of individual consideration and therefore, shall be permitted subject not only to the minimum requirements specified for such use in the zoning districts in which such use is located and any applicable requirements found elsewhere in this chapter, but also after the submission of a site plan as set forth in section 40-136, review and recommendation by the planning commission and approval by the township board subject to any special conditions imposed by the board in granting approval. In evaluating and deciding each application for such special land use and imposing any special conditions upon approval of the same, the township board shall apply and base its decisions upon the standards contained in section 40-145 and any other applicable special conditions imposed in this chapter.

d.

Unlisted land uses. When land uses which are not specifically designated in any zoning district as a principal use permitted, principal use permitted subject to special conditions, or permitted accessory use, the use is prohibited. An applicant may request a designation of the proposed use following the requirements of section 40-159, Unlisted use determination.

(Ord. No. 26, § 3.03, 9-13-1990; Ord. No. 2023(3), § 1, 8-10-2023)

Wherever any provision of the chapter imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or ordinance, then the provisions of this chapter shall govern. Whenever the provisions of any other law or ordinance impose more stringent requirements than are imposed or required by this chapter, then the provisions of such law or ordinance shall govern.

(Ord. No. 26, § 3.04, 9-13-1990)

Uses for enterprises or purposes that are contrary to federal, state, county or local laws or ordinances are prohibited.

(Ord. of 2-9-2012(2), § 1(3.05))

(a)

Intent. Where a proposed use of land or use of a building is not contemplated or specified by this chapter, the applicant may request a determination from the township board, after review and recommendation from the planning commission, as to what district or districts, if any, in which the proposed use may be appropriate as a permitted or special land use. In accordance with the Michigan Zoning Enabling Act, a zoning ordinance or zoning decision can prohibit the establishment of requested land use within a township if there is not an appropriate location within the community or the use is unlawful, even if there is a demonstrated need for that land use either in the township or surrounding area.

(b)

Submittal. The application for an unlisted use determination shall include the following.

(1)

A statement of facts listing the nature of the use, including, but not limited to, whether it involves dwelling activity, sales, processing, type of project, storage, enclosed or open storage, number of employees; whether it serves customers on-site; and hours of operation, and the amount of noise, odor, fumes, dust, toxic materials and vibration likely to be generated.

(2)

A concept plan may be required by the zoning administrator, if necessary, for proper consideration of the factors listed in this section.

(c)

Application processing and hearing requirements. An application for an unlisted use determination shall be filed and processed in the manner prescribed for text amendments as noted in section 40-98, Amendment procedure.

(d)

Standards for approval. In consideration of the request, the planning commission and the township board shall take into consideration the purpose and intent of the ordinance and the community master plan. The recommendation and the determination shall be based on the following findings:

(1)

Such use shall not be expressly authorized in the zoning ordinance as a principal permitted use or a special land use in any zoning district.

(2)

The specific characteristics of the use in question are clearly similar in nature to the characteristics of the uses expressly permitted in the district. Such characteristics shall include, but not be limited to:

a.

traffic generation and circulation;

b.

type of product sold or manufactured, type of service provided;

c.

hours of operation; type and amount of work generated;

d.

Impact on natural resources and community character.

(3)

The township board shall specify whether the use shall be reviewed as a permitted or special land use, and determine the appropriate zoning districts where it may be located. Once a district is determined, the proposed use shall comply with any standards that apply to that district, unless additional conditions are otherwise specified by the township board.

(e)

Conditions of approval. The township board may impose conditions to regulate the use and its compatibility with other uses in the district(s) and the community as a whole. Conditions imposed must meet all of the following requirements:

(1)

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

(2)

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

(3)

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

(f)

Standards for denial. Certain uses may not be appropriate within Springfield Township given the existing development pattern, environmental condition, and overall character in the community. The township board may determine that the use shall be prohibited according to the standards for denial listed below.

(1)

Such use is prohibited in the current zoning ordinance in all districts.

(2)

The land area required by the proposed use.

(3)

Existing environmental conditions and potential environmental hazards.

(4)

The potential impact on surrounding properties in terms of traffic, noise, lighting, property valuation, and views.

(5)

Demand and capacity of utilities and municipal services to support the proposed use.

(g)

Site plan review. Following a determination, an application for a site plan may be filed and processed in the manner outlined in section 40-136, Site plan review. The site must be located in a zoning district that is consistent with the township board's determination. The site must comply with any additional conditions imposed by the board, including a special land use application if designated as such.

(h)

Record on file. A record shall be kept by the board of all actions taken when determining the appropriate zoning classification for an unlisted land use. The township may follow this process with a zoning ordinance amendment to provide clear guidance or additional standards related to the use designation.

(Ord. No. 2023(3), § 1, 8-10-2023)

It is recognized that the township has an abundance of significant natural resources and features. The RC Resource Conservation District is intended to provide for those uses of land that are compatible with the need to: protect and enhance vital township natural resources and amenities; fish and wildlife habitat; woodlands; wetlands and water resources; and encourage agricultural and other resource-based production.

(Ord. No. 26, § 4.00, 9-13-1990)

The following shall be the principal uses permitted in the RC Resource Conservation District:

(1)

Nature trails, botanical gardens, woodland preserves, or similar facilities provided such use does not result in a material modification of the natural appearance of the site.

(2)

Agriculture, farming, keeping of livestock, horses, sheep, goats and/or similar animals subject to the provisions set forth in section 40-644.

(3)

Tree and shrub nurseries.

(4)

One-family detached dwellings.

(Ord. No. 26, § 4.01, 9-13-1990)

The following uses shall be permitted subject to the specific conditions hereinafter imposed for each use and subject further to the submission of a site plan as set forth in section 40-136, a recommendation of the township planning commission and approval by the township board under the standards contained in section 40-145.

(1)

Equestrian facilities, subject to the provisions of section 40-644(h).

(2)

Wildlife preserve, subject to the provisions of section 40-644(f).

(3)

Environmental education centers, subject to the provisions of section 40-622.

(Ord. No. 26, § 4.02, 9-13-1990; Ord. of 10-9-2008, § 1(2))

Accessory buildings and uses customarily incidental to the principal permitted and special uses enumerated in sections 40-184 and 40-185 are permitted. The township body responsible for site plan approval shall determine permitted accessory uses.

(Ord. No. 26, § 4.03, 9-13-1990)

Refer to section 40-572 for the schedule of regulations, limiting the height and bulk of buildings, the minimum size lot or parcel permitted by land use, the maximum density permitted, and providing the minimum yard setback requirements.

(Ord. No. 26, § 4.04, 9-13-1990)

It is recognized that the township has substantial land devoted to parks and recreational use. It is the intent of PR district to provide separate areas devoted strictly to parks and recreation lands and uses which encourage utilization of the township's recreational potential, while protecting and enhancing natural resources and amenities, fish and wildlife habitats, woodlands, wetlands, and water resources.

(Ord. No. 26, § 5.00, 9-13-1990)

The following are the principal uses permitted in the PR Parks and Recreation District:

(1)

Passive parks, picnic grounds, nature trails, playgrounds, botanical gardens, and woodland preserves for outdoor recreation.

(2)

One-family detached dwellings provided such use is restricted to caretaker/ranger quarters or the administrator of park facilities.

(Ord. No. 26, § 5.01, 9-13-1990)

Park active recreation and the following uses shall be permitted subject to the specific conditions hereinafter imposed for each use and subject further to the submission of a site plan as set forth in section 40-136, a recommendation of the township planning commission and approval by the township board under the standards contained in section 40-145.

(1)

Environmental education centers, subject to subject to the provisions of section 40-622.

(2)

Golf courses including accessory clubhouses, driving ranges, pro shops, maintenance buildings and recreational facilities, subject to subject to the provisions of section 40-623.

(3)

Equestrian facilities, subject to the conditions set forth in section 40-644(h).

(4)

Horseback riding trails and nonmotorized vehicle trails, subject to the following conditions:

a.

If the trail is to be in a park or similar facility for outdoor recreation, or associated with an equestrian facility, the minimum site area shall be ten acres.

b.

The site shall have direct accessibility to a paved public road. Off-street parking, loading and unloading shall be provided in accordance with the standards set forth in section 40-681, except that the requirements for hard-surfacing may be waived by the township.

c.

Trails shall be located no nearer than 50 feet from any property line, or at least 100 feet from existing schools, churches, or residentially-zoned or used property. However, trails can access these areas if deemed appropriate by the township. The perimeter buffer shall be kept in its natural state.

d.

Trail design shall not negatively impact sensitive natural features. Trails shall be located a minimum of 20 feet from wetlands and water features. If water crossings are necessary, bridges or other structures shall cause the least amount of environmental disturbance possible. Trail design shall protect steep slopes and not allow soil erosion.

e.

Where riding is intended within or across a public road right-of-way, the township shall review the location and approve same to maximize safety to both riders, motorists, and others using the public road right-of-way.

f.

Trails shall be marked with appropriate signage that clearly advises riders of trail rules, etiquette, yield hierarchy (if multiuse trail), and appropriate warnings such as to reduce speed or avoid skidding.

g.

The property owner shall be responsible for maintaining the trails for safety and sound environmental stewardship, repairing eroded areas, and closing down trails if necessary to protect land and wildlife, and allowing areas to recover from high use.

h.

Lighting at trail heads shall meet the requirements under section 40-888 for glare, illumination levels and fixture height. Lighting along trails is prohibited. Sound-producing equipment anywhere on the trail or at the trailhead is prohibited.

i.

Hours of operation for trail use shall be limited to daylight hours.

(5)

Athletic fields, running tracks, and game courts for baseball, softball, football, soccer and other active sports, conditioned upon the following:

a.

The site shall have direct accessibility to a paved public road. Off-street parking, loading and unloading shall be provided in accordance with the standards set forth in section 40-681, except that the requirements for hard surfacing may be waived by the township.

b.

Facilities shall be located a minimum of 100 feet from property lines abutting residentially zoned or used properties.

c.

Hours of operation for outdoor sports facilities shall be limited to daylight hours.

(6)

Licensed, type II or type III campgrounds providing short-term living quarters on a daily, weekly, or seasonal basis, subject to the following:

a.

The minimum site area shall be 20 acres.

b.

The site shall have direct accessibility to a paved public road.

c.

A minimum 100-foot setback shall be established around the perimeter of the property for the purpose of buffering a public campground in relation to adjacent residentially zoned or used properties. The perimeter buffer shall be kept in its natural state. Where natural vegetation or land contour are insufficient to buffer a campground or recreational vehicle park in relation to surrounding properties, the township may require additional setback, landscaping, and/or berming.

d.

Mobile homes shall not be permitted to be located within a campground, unless specifically permitted by the township.

e.

The use and occupancy of a campground shall be in strict compliance with the current laws and requirements of the state governing such uses.

(7)

Temporary campgrounds are strictly prohibited from the PR district, unless specifically permitted by the township.

(8)

Community recreation centers, subject to subject to the provisions of section 40-621.

(9)

Wildlife preserve, subject to the provisions of section 40-644(f).

(10)

Special events facilities.

a.

The site shall have direct accessibility to a paved public road. Off-street parking, loading and unloading shall be provided in accordance with the standards set forth in section 40-681, except that the requirements for hard surfacing may be waived by the township.

b.

A minimum 100-foot setback shall be required between all special events facilities and any adjacent residentially zoned or used property.

c.

All storage, service and maintenance areas, when visible from adjoining residentially zoned or used land, shall be screened in accordance with the requirements set forth in section 40-721.

d.

Permanent lighting and use of outdoor sound-producing equipment shall meet the provisions of sections 40-888 and 40-883. The use of additional event lighting shall be temporary. The use of temporary event lighting shall only be allowed between the hours of 8:00 a.m. and 11:00 p.m. In addition to the provisions herein, sound-producing equipment, including, but not limited to, public address systems, radios, phonographs, musical instruments and recording devices, shall not be operated outdoors on the premises so as to be unreasonably loud or raucous, or so to be a nuisance or disturbance to the peace and tranquility of the citizens of the township. The use of sound-producing equipment shall only be allowed between the hours of 8:00 a.m. and 11:00 p.m.

e.

Events held outdoors, in whole or in part, at such a facility are only allowed if specifically permitted by the township.

(11)

Dog parks. Dog parks must be actively managed to ensure the health and safety of all human and animal visitors. A minimum 200-foot setback shall be required between the fence line of the dog park and any adjacent residentially zoned or used property.

(12)

Commercial ventures incident to normal or approved activities in the PR district are permitted.

(Ord. No. 26, § 5.02, 9-13-1990; Ord. of 10-9-2008, § 1(3))

Accessory buildings and uses customarily incidental to the principal permitted and special uses enumerated in sections 40-214 and 40-215 are permitted. The township body responsible for site plan approval shall determine permitted accessory uses.

(Ord. No. 26, § 5.03, 9-13-1990)

Refer to section 40-572 for the schedule of regulations, limiting the height and bulk of buildings, the minimum size lot or parcel permitted by land use, the maximum density permitted, and providing the minimum yard setback requirements.

(Ord. No. 26, § 5.04, 9-13-1990)

It is recognized that the township has substantial land devoted to public service use and public facilities. It is the intent of the PS district to provide separate areas devoted strictly to public service uses which provide areas for government offices, libraries, and other facilities that are of service to the public but located in a compatible manner to neighboring uses.

(Ord. No. 26, § 5.00(a), 9-13-1990)

The following shall be the principal uses permitted in the PS Public Service District:

(1)

Publicly owned and operated libraries, fire stations and other public safety facilities, museums and governmental offices, subject to the following conditions:

a.

The site shall have direct accessibility to a paved public road.

b.

A minimum 50-foot setback shall be required between the principal structure and any adjacent residentially zoned or used property.

(2)

Cemeteries, subject to the following conditions:

a.

A 50-foot setback shall be required between a structure and any adjacent residentially zoned or used property, except that a minimum 100-foot setback shall be required between any maintenance building and/or yard and any adjacent residentially zoned or used property.

b.

All storage, service and maintenance areas when visible from adjoining residentially zoned or used land shall be screened in accordance with the requirements set forth in section 40-721.

(3)

Public and private elementary, middle and high schools, subject to subject to the provisions of section 40-624.

(4)

Public utility buildings, such as telephone exchange buildings, electronic transformer stations and substations, gas regulator stations, and similar uses, but excluding storage yards, and only to serve the immediate vicinity as determined by the planning commission.

(5)

One-family detached dwellings provided such use is restricted to caretaker quarters of public facilities.

(Ord. No. 26, § 5.01(a), 9-13-1990)

The following uses shall be permitted subject to the specific conditions hereinafter imposed for each use and subject further to the submission of a site plan as set forth in section 40-136, a recommendation of the township planning commission and approval by the township board as set forth in section 40-156(2) under the standards contained in section 40-145.

(1)

Community recreation centers, subject to subject to the provisions of section 40-621.

(2)

Public works and maintenance facilities, subject to the following:

a.

The site shall have direct access to a paved public road.

b.

A minimum of 100-foot setback shall be required between any maintenance buildings and/or yard area and adjacent residentially zoned or used property.

c.

All storage, service and maintenance areas when visible from adjoining residentially zoned or used land shall be screened in accordance with the requirements set forth in section 40-721.

(3)

Public utility buildings, such as telephone exchange buildings, electronic transformer stations and substations, gas regulator stations, and similar uses, but excluding storage yards, when intended to service customers beyond the immediate vicinity as determined by the township board, subject to the applicant demonstrating both of the following:

a.

Operating requirements necessitate locating within the district.

b.

No property where the use is already permitted as of right can be utilized for such use.

(4)

Colleges, universities and other such institutions of higher learning, both public and private, offering courses in general, technical, or religious education, all subject to subject to the provisions of section 40-625.

(5)

Public and private nursery and kindergarten schools, subject to subject to the provisions of section 40-626.

(6)

Airports, aircraft landing strips and heliports, subject to the following conditions:

a.

All Michigan Aeronautics Commission and Federal Aviation Administration requirements shall be met.

b.

Existing residential density within a one mile radius shall not exceed one dwelling unit per five acres of gross area.

c.

All buildings and all areas for the storage of aircraft shall be set back at least 500 feet from all property lines.

d.

The commission shall find that the proposed use will not significantly change the character of the neighborhood or unreasonably reduce the value of nearby property.

e.

The establishment of an airport, aircraft landing strip or heliport, shall not in any way conflict or overlap with flight patterns and approach areas of any other airport or landing field.

(Ord. No. 26, § 5.02(a), 9-13-1990)

Accessory buildings and uses customarily incidental to the principal permitted and special uses enumerated in sections 40-244 and 40-245 are permitted. The township body responsible for site plan approval shall determine permitted accessory uses.

(Ord. No. 26, § 5.03(a), 9-13-1990)

Refer to section 40-572 for the schedule of regulations, limiting the height and bulk of buildings, the minimum size lot or parcel permitted by land use, the maximum density permitted, and providing the minimum yard setback requirements.

(Ord. No. 26, § 5.04(a), 9-13-1990)

(a)

The R-l-A Suburban Estates Residential District and the R-l, R-2, and R-3 one-family residential districts are intended to provide areas for one-family dwelling units, together with certain residentially related facilities which are supportive of and compatible with a rural residential environment including the keeping of animals. Commercial and other uses which tend to be incompatible with this intent are generally prohibited.

(b)

The R-1-A and R-1 districts are intended to provide for low-density one-family residences while maintaining and preserving the township's open space, natural areas and rural environment. The R-2 and R-3 districts, which provide for greater density of one-family residences than the R-1-A and R-1 districts, are still intended to preserve the township's open space, natural areas and rural environment.

(c)

Agricultural and farming activities. Agricultural and farming activities, including right to farm qualified and residential animal keeping uses, may also be permitted within the residential districts and the Suburban Estates Residential District on parcels and lots which are for adequate size to accommodate such uses in conjunction and/or separate from single-family residential uses.

(Ord. No. 26, § 6.00, 9-13-1990; Ord. No. 2024(2), § 2, 12-12-2024)

The following uses shall be permitted, subject to any limitations described herein:

(1)

One-family detached dwellings.

(2)

Agricultural, farming, and maintenance of animals, subject to the provisions of section 40-644, maintenance of animals.

(3)

Parks, picnic grounds, nature trails, playgrounds, botanical gardens, woodland preserves, wildlife preserves or similar facilities for outdoor recreation.

(4)

Family child care homes.

(5)

Signs, as provided in section 40-751.

(6)

Public utility buildings, such as telephone exchange buildings, electronic transformer stations and substations, gas regulator stations, and similar uses (but excluding storage yards), but only to serve the immediate vicinity as determined by the planning commission.

(7)

State licensed residential facilities.

(Ord. No. 26, § 6.01, 9-13-1990; Ord. of 10-9-2008, § 1(4))

The following uses shall be permitted, subject to the specific conditions hereinafter imposed for each use and subject further to the submission of a site plan as set forth in section 40-136, a recommendation of the township planning commission and approval by the township board under the standards contained in section 40-145.

(1)

Two-family residential housing units may be permitted subject to the following:

a.

The minimum lot area, dwelling unit size, lot coverage, and yard setbacks shall be maintained for each dwelling unit, within the structure as required by the single-family residential zoning district which applies to the land in question.

b.

The standards set forth in section 40-638 shall be met.

(2)

Cluster housing, subject to the provisions set forth in section 40-594.

(3)

Golf courses including accessory clubhouses, driving ranges, pro shops, maintenance buildings and recreational facilities, subject to subject to the provisions of section 40-623, provided there is a minimum site area of 60 acres for nine holes and 120 acres for 18 holes.

(4)

Cemeteries, subject to the following conditions:

a.

No building shall be located closer than 100 feet from any property line.

b.

Adequate off-street waiting space shall be provided for funeral processions so that no vehicle stands or waits in a dedicated right-of-way.

(5)

Churches, subject to the following conditions:

a.

The minimum lot area shall be three acres.

b.

The principal building shall meet the required setback of the district in which the church is located, provided no principal building shall be located any closer than 50 feet from any property boundary.

c.

The height of the principal building shall not exceed 35 feet. Buildings of greater than the maximum height may be permitted provided front, side and rear yards are increased above the minimum required yards by one foot for each foot of building height that exceeds the maximum height allowed. The height of steeples shall be subject to the provisions set forth in section 40-634.

(6)

Colleges, universities and other such institutions of higher learning, both public and private, offering courses in general, technical, or religious education, all subject to subject to the provisions of section 40-625.

(7)

Community recreation centers, subject to subject to the provisions of section 40-621.

(8)

Publicly owned and operated libraries, museums and governmental offices.

(9)

Athletic fields and game courts for baseball, softball, football, soccer and other active sports.

(10)

Public and private nursery and kindergarten schools, subject to subject to the provisions of section 40-626.

(11)

Public and private elementary, middle and high schools, subject to subject to the provisions of section 40-624.

(12)

Group child care homes, subject to the following conditions:

a.

A group child care home shall be located no closer than 1,500 feet to any of the following facilities:

1.

Another licensed group child care home.

2.

A facility offering substance abuse treatment and rehabilitation service to seven or more people which is license by the state.

3.

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

4.

Subsequent establishment of any of the aforementioned facilities within 1,500 feet of the licensed or registered group child care home will not affect any subsequent special land use permit renewal pertaining to the group child care home.

5.

Another adult foster care small group home or large home licensed under the Adult Foster Care Facility Licensing Act, Public Act No. 218 of 1979 (MCL 400.701 et seq.).

b.

The subject parcel shall meet all provisions of this chapter governing signage and off-street parking requirements.

c.

The property shall be maintained in a manner that is consistent with the visible characteristics of the neighborhood.

d.

All outdoor play areas shall be enclosed by a fence that is designed to discourage climbing, and is at least four feet in height, but no higher than six feet.

e.

The hours of operation shall 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 so that the dropoff and pickup of children is not disruptive to neighboring residents.

f.

Appropriate licenses with the state shall be maintained.

g.

An application for approval of a group child care home shall not require a full site plan as described in section 40-136. The application shall instead include the following:

1.

An application form and fee as determined by the township;

2.

A written description of the project, which shall include:

(i)

Hours and days of operation;

(ii)

Number of employees;

(iii)

The maximum number of children proposed to be cared for within the facility;

(iv)

Number and location of parking spaces; and

(v)

Pick up and drop off locations and procedures.

3.

A plan of the property where the group child care home will be located, in the form of a property survey, a neatly computer-generated or hand-drawn plan prepared to scale, or an aerial photograph. The plan shall include identification of property lines, parking, pick up and drop off locations, and play areas;

4.

A floor plan of the house showing all rooms, hallways, and ingress and egress points, including any location specific to the child care operation.

5.

The property plan and the floor plan shall be legible and contain all the information required, but do not need to be prepared by a professional engineer.

6.

Former subsection 40-275(12)(g). shall be re-lettered as subsection (h).

h.

Subsections (12)a through f of this section shall constitute all the standards applicable to special land use approval for a group child care home. Any other standards in section 40-145 inconsistent with the standards of this section shall not be applicable.

(13)

Day care centers, subject to subject to the provisions of section 40-627.

(14)

Wildlife preserve in the R-1-A district only, subject to the provisions of section 40-644(6).

(15)

Equestrian facilities in the R-1-A district only, subject to the provisions of section 40-644(8).

(16)

Intensive livestock operations, subject to the provisions of section 40-644(7).

(17)

Keyhole lake access, as provided under section 40-595.

(18)

Public utility buildings, such as telephone exchange buildings, electronic transformer stations and substations, gas regulator stations, and similar uses (but excluding storage yards) when intended to service customers beyond the immediate vicinity as determined by the township board, subject to the applicant demonstrating both of the following:

a.

Operating requirements necessitate locating within the district.

b.

No property where the use is already permitted as of right can be utilized for such use.

(Ord. No. 26, § 6.02, 9-13-1990; Ord. of 10-9-2008, § 1(5); Ord. No. 2020(5), § 1, 10-8-2020)

Accessory buildings customarily incidental to the principal permitted uses enumerated in sections 40-274 and 40-275 are permitted, subject to the requirements of section 40-649.

(Ord. No. 26, § 6.03, 9-13-1990; Ord. No. 2022(3), § 1, 4-14-2022)

Refer to section 40-572 for the schedule of regulations, limiting the height and bulk of buildings, minimum size lot or parcel permitted by land use, the maximum density permitted, and providing the minimum yard setback requirements.

(Ord. No. 26, § 6.04, 9-13-1990)

(a)

The RM and RM-1, multiple-family residential districts are intended to provide sites for low-rise multiple-family dwellings and related uses. The RM and RM-1 districts shall be located in areas which can be adequately supplied with utilities and public service. It is also the intent of the RM and RM-1 districts to encourage the provision of recreational amenities and facilities designed to serve the needs of residents of multiple-family dwelling developments.

(b)

The RM district is intended to allow medium density multiple-family development and associated activities in close proximity to and compatible with higher intensity commercial, office, and light industrial development. The RM district is also intended to provide a zone of transition between areas of higher and lower intensity development.

(c)

The RM-1 district is intended to allow low-density multiple-family development and associated activities in otherwise higher density single-family areas. The density and character of development in the RM-1 district shall be consistent with and compatible to single-family residential development in the surrounding area.

(Ord. No. 26, art. VII(intro.), 9-13-1990; Ord. No. 2024(2), § 3, 12-12-2024)

The following uses shall be permitted subject to any limitations described herein:

(1)

One-family detached dwellings.

(2)

Two-family dwellings.

(3)

Multiple-family dwellings.

(4)

Family child care homes.

(5)

Signs, as set forth in section 40-751.

(6)

State licensed residential facilities.

(Ord. No. 26, § 7.01, 9-13-1990; Ord. of 10-9-2008, § 1(6))

The following uses shall be permitted, subject to the specific conditions hereinafter imposed for each use and subject further to the submission of a site plan as set forth in section 40-136, a recommendation of the township planning commission and approval by the township board as set forth in section 40-156(1)c under the standards contained in section 40-145.

(1)

Adult foster care facilities for more than 12 adults, including an adult foster care large group home.

(2)

Adult foster care congregate facilities.

(3)

Nursing homes licensed under article 17 of Public Act No. 368 of 1978 (MCL 333.20101 et seq.).

(4)

Group child care homes, subject to the following conditions:

a.

A group child care home shall be located no closer than 1,500 feet to any of the following facilities:

1.

Another licensed group child care home.

2.

A facility offering substance abuse treatment and rehabilitation service to seven or more people which is licensed by the state.

3.

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

4.

Subsequent establishment of any of the aforementioned facilities within 1,500 feet of the licensed or registered group child care home will not affect any subsequent special land use permit renewal pertaining to the group child care home.

5.

Another adult foster care small group home or large home licensed under the Adult Foster Care Facility Licensing Act, Public Act No. 218 of 1979 (MCL 400.701 et seq.).

b.

The subject parcel shall meet all provisions of this chapter governing signage and off-street parking requirements.

c.

The property shall be maintained in a manner that is consistent with the visible characteristics of the neighborhood.

d.

All outdoor play areas shall be enclosed by a fence that is designed to discourage climbing, and is at least four feet in height, but no higher than six feet.

e.

The hours of operation shall 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 so that the dropoff and pickup of children is not disruptive to neighboring residents.

f.

Appropriate licenses with the state shall be maintained.

g.

Subsections (4)a through f of this section shall constitute all the standards applicable to special land use approval for a group child care home. Any other standards in section 40-145 inconsistent with the standards of this section shall not be applicable.

(5)

Day care centers, subject to the provisions of section 40-627.

(6)

Keyhole lake access, as provided under section 40-595.

(Ord. No. 26, § 7.02, 9-13-1990)

Accessory buildings and uses, including community garages, toolhouses, community buildings and swimming pools, and recreational facilities which are part of a multiple-family project, home occupations, off-street parking, and any other use customarily incidental to the principal permitted uses enumerated in sections 40-304 and 40-305 are permitted.

(Ord. No. 26, § 7.03, 9-13-1990)

Refer to section 40-572 for the schedule of regulations, and section 40-308, limiting the height and bulk of buildings, the minimum size lot or parcel permitted by land use, the maximum density permitted, and providing the minimum yard setback requirements.

(Ord. No. 26, § 7.04, 9-13-1990)

All principal uses permitted and principal uses permitted subject to special conditions shall conform to the following site design requirements:

(1)

General requirements.

a.

One-family and two-family dwellings shall be subject to the height, bulk, density, and area provisions of the R-3 One-family Residential District, as set forth in section 40-572, schedule of regulations.

b.

Multiple-family dwellings shall be subject to the density and floor area requirements in the schedule be set forth in this section. Land which is under water (lakes, streams, watercourses, and other similar bodies of water) or wetlands shall not be included in the gross density calculation.

c.

Adult foster facilities for more than 12 adults and adult congregate care facilities shall provide a minimum of 4,500 square feet of site area for each bed.

d.

Nursing homes shall provide a minimum of 3,000 square feet of site area for each bed.

(2)

Setbacks and distance between buildings.

a.

In the case of multiple-family dwellings, adult foster care facilities for more than 12 adults, and adult congregate care facilities, no building shall be located closer than 50 feet from any perimeter property line.

b.

In the case of nursing homes, no building shall be located closer than 100 feet from any perimeter property line.

c.

All developments shall be subject to the following yard requirements:

(3)

Minimum setback. The minimum setback requirements from internal drive or streets shall not apply to parking areas or service drives. The minimum setback from parking areas and service drives shall be ten feet.

(4)

Recreation space. All multiple-family developments in an RM district shall contain an area or areas provided for common recreation which is the equivalent of 500 square feet per dwelling unit. All multiple-family developments in an RM-1 district shall contain an area or areas provided for common recreation which is the equivalent of 300 square feet per dwelling unit. Such common recreation areas shall be located and designed in a manner which is appropriate to meet the recreational needs of the prospective residents of the development. Such recreational facilities may include, but not be limited to, swimming pools, tennis courts, playgrounds, picnic areas, playfields, and jogging trails.

(Ord. No. 26, § 7.05, 9-13-1990)

The RMH Residential Mobile Home Park District is intended to provide a suitable environment with adequate space and proper supporting facilities for families and persons living in mobile home parks.

(Ord. No. 26, § 8.00, 9-13-1990)

The following uses shall be permitted subject to any limitations described herein:

(1)

Mobile home parks. Each park is to be located on a parcel of land of not less than 40 acres which area shall be fully developed for total occupancy prior to first occupancy, with the entire parcel under the control or ownership of a natural person, firm, copartnership, association or corporation; together with any buildings, structures, enclosures, streets, drives, equipment for facilities used or intended for use incidental to the development and occupancy of such mobile homes; subject to the following regulations:

a.

Site. All mobile home parks shall be located on a site which is adequately graded so as to ensure proper drainage and freedom from stagnant pools of water.

b.

Access to public roads. All mobile home parks shall have at least one property line abutting an existing or planned major thoroughfare having a right-of-way width of at least 120 feet or more as indicated on the major thoroughfare plan and all such uses have direct access to a paved county road or a county road that meets the current minimum specifications of the county road commission. Where the entrance street to a mobile home park intersects the major thoroughfare, a widening strip shall be constructed within the right-of-way of the major thoroughfare so as to provide adequate ingress and egress from the entrance street. Said widening strip shall be constructed in such a manner and in such a location as determined by the county road commission.

c.

Roadway standards. All roadways in the mobile home park shall be hard surfaced, and shall meet all road construction standards of the county road commission. Curbing shall be required. Entrance drives and other principal or collector roads shall have a minimum pavement width of 42 feet, of which the outer three feet on each side shall be constructed as a sidewalk for pedestrian circulation and the pavement width shall be a net amount of 36 feet. Entrance pavements separated by an island or planting areas shall have a minimum pavement width of 20 feet in each direction. All local roadway systems shall be so designed as to prevent the use of any such roadway for through traffic.

d.

Utilities. Each mobile home park and individual mobile home site shall be serviced by and connected to a water and sanitary sewer system having adequate capacity to serve the proposed development which shall meet all requirements and standards of the county health department, the state department of natural resources and environment and the township.

1.

All telephone, electric and other utility lines of any nature within the mobile home park shall be underground.

2.

Each mobile home park shall have a master underground television antenna system.

3.

Fire extinguishers of a satisfactory type shall be maintained in good working order at such locations throughout the park as are required to meet fire safety standards established by the township.

4.

Fuel oil and LP gas tanks shall be located on each trailer site in a uniform manner. All tanks shall be of an approved type to comply with state construction code standards and shall be equipped with vent pipes and fused valves. All such tanks shall be elevated on noncombustible standards, placed on a concrete base, and painted a uniform color.

e.

Lighting. Service roadway, parking and service area lights shall be installed so as to permit the safe movement of vehicles and pedestrians at night. All lighting shall be so located and shielded as to direct the light away from individual mobile homes. A light intensity of one-half footcandle minimum intensity per light is required.

f.

Greenbelts. There shall be a 50-foot wide earth berm constructed parallel to any public dedicated road abutting the mobile home park so as to screen the park from view from said public dedicated road. The earth berm shall be six feet in height at its center above the mean elevation of the centerline of the public dedicated road adjacent to the mobile home park property or six feet above the actual elevation of the property along the property line. The berm shall have slopes not in excess of one foot vertical to four feet horizontal and shall be planted with grass, trees and similar vegetation. Where the mobile home park abuts property zones for single-family residential purposes, a six-foot high chain link fence shall be constructed on the park side of the boundary. In either the berm and/or fence construction, property maintenance of each shall be the responsibility of the mobile home park.

g.

Recreation space. There shall be provided in each mobile home park an area of not less than 1,000 square feet per mobile home site for recreation purposes. Each such recreation area shall contain a minimum area of 20,000 square feet, shall be no longer than two times its width, shall be located no more than 500 feet from the furthest mobile home lot served and shall be properly developed for recreational use. Such recreation space shall be enclosed with shrubs or evergreen hedges placed no further than one foot apart and not more than four feet in height.

h.

Garbage and refuse disposal. There shall be provided in all mobile home parks a system of garbage and refuse disposal. Such system shall be reviewed and approved and shall meet the requirements of the applicable ordinance for the township.

i.

Business. No business of any kind shall be conducted at any location in a mobile home park except that of the management office.

j.

Parking. There shall be provided a minimum of two on-site parking spaces per mobile home site. One additional parking space for each five mobile home sites shall be provided in one or more parking compounds conveniently located and readily accessible to the lots which they are intended to serve. The parking of vehicles other than passenger cars and motorcycles is permitted; it shall be in areas surrounded by a wall six feet in height. Such space shall not be counted as part of required minimum parking space.

1.

Each parking space shall have a minimum width of ten feet and a minimum depth of 20 feet. All parking spaces and parking compounds shall be surfaced with asphalt or concrete and in accordance with specifications adopted by the county road commission.

2.

Compounds shall be drained so as to dispose of all surface water accumulated in the parking area within the confines of such area.

k.

Park setbacks. No building or mobile home within the park shall be located within 40 feet of any public street; nor within 30 feet of any other park boundary line. No mobile home shall be located closer than 25 feet to any permanent building located with the park.

l.

Sidewalks. Concrete sidewalks at least three feet in width and four inches thick shall be installed in the mobile home park from the public entrance to all service facilities, recreation areas, parking lots and mobile home sites. Public walk areas shall not be included as part of required lot area.

m.

Mobile home stands and walks.

1.

Each mobile home lot shall be provided with a concrete stand or apron, not less than 50 feet long, 12 feet wide and six inches thick, and not less than the outside dimensions of the mobile home which shall be located thereon on concrete blocks or jacks. Each mobile home also shall be connected to tie rings affixed to its apron of such strength as to keep the mobile home stable during high winds.

2.

The developer may, with the approval of the planning commission, locate each mobile home on concrete piers, each pier being at least 42 inches in depth by 16 inches in diameter with no more than a two-inch projection above the ground. Such piers shall be placed on each side, front, and rear of the mobile home so as to stabilize same through the stacking of concrete blocks. A minimum of eight piers shall be placed on each side of the mobile home. As an alternate method, the developer may, with approval by the planning commission, locate each mobile home on two or more concrete runners, each runner being at least 24 inches in width, eight inches in depth on approved subbase and the length of the mobile home; such runners to be spaced to permit the stacking of concrete blocks for distribution of frame loads to the ground through the runners. Runner shall not project more than two inches above normal finish grade.

n.

Skirting; canopies; storage.

1.

Skirting of each mobile home shall be required. Said skirting to consist of the same material as the exterior walls of the mobile home are constructed and the skirting shall be so installed as to completely enclose the open area located between the base of the frame of the mobile home and the ground. Skirting shall be in place within 15 days of the placement of the mobile home on the lot for occupancy purposes.

2.

Canopies and awnings may be attached to any mobile home and may be enclosed and used for recreation or sunroom purposes but not as a bedroom or sleeping quarters. Canopies or awnings must be made of materials which may be screened or glassed in with visual contact from three sides, but shall not exceed 12 feet in width or the length or height of the mobile home. A permit shall not be required for construction or erection of canopies or awning which are open on three sides. However, a permit shall be required for construction or erection of any screened, glassed in, or otherwise enclosed awning or canopy.

3.

Each mobile home shall be provided with one utility cabinet, containing a minimum of 360 cubic feet of storage space, which shall be uniform as to location throughout the park site and be bolted down to a concrete slab equal in size to the floor area of the cabinet. All cabinets shall be maintained in good condition and kept painted. In lieu of individual cabinets, equal storage space may be provided in central storage buildings located within 150 feet of each mobile home. No other outside storage (including storage under a mobile home) shall be permitted.

o.

Signs. One freestanding sign identifying the mobile home park, not more than 50 square feet in area, may be maintained at or adjacent to the principal entrance to the park. It shall have no flashing illumination.

p.

Completion of improvements.

1.

No mobile home shall be permitted to occupy space in a mobile home park until building permits are secured, applicable fees paid and inspections have been performed in accordance with the codes and ordinances of the township in order to ensure that the concrete stands are in place, all streets have been paved and properly drained, parking areas are complete, walks are in place, street lights installed and utility connections to each mobile home stand provided for. The boundary fence and berm shall also be in place or a performance guarantee in accordance with section 40-35 shall be deposited with the township to guarantee completion of greenbelt planting and fence installation.

2.

No individual mobile home site shall be occupied or reoccupied by a mobile home until properly placed on its stand, skirted, and connected to utilities through the proper issuance of the required permits and certificate of occupancy.

q.

Site plan. Each application for a permit for development of a mobile home park shall be accompanied by a site plan showing all details of development.

r.

Space requirements; maximum occupancy.

1.

The maximum number of occupants of a mobile home shall be limited to the number determined on the basis of the square feet of habitable floor area, exclusive of habitable space used for cooking and toilet purposes, in accordance with the following formula:

(i)

300 square feet for one or two occupants.

(ii)

150 square feet for each additional occupant beyond two.

2.

Habitable space shall consist of a minimum ceiling height of seven feet over 50 percent of the floor area. Floor area where ceiling height is less than five feet six inches shall not be considered in computing gross floor area.

(2)

State licensed residential facilities.

(3)

Family child care homes.

(Ord. No. 26, § 8.01, 9-13-1990; Ord. No. 2018(7), § 2, 9-13-2018)

The following uses shall be permitted subject to the specific conditions hereinafter imposed for each use and subject further to the submission of a site plan as set forth in section 40-136, a recommendation of the township planning commission, and approval by the township board as set forth in section 40-156(2) under the standards contained in section 40-145.

(1)

Utility and public service facilities and uses needed to serve the immediate vicinity, including transformer stations and switchboards but excluding storage yards.

(2)

Keyhole lake access, as provided under section 40-595.

(Ord. No. 26, § 8.02, 9-13-1990)

Accessory buildings and uses customarily incidental to the principal permitted uses enumerated in sections 40-336 and 40-337 are permitted.

(1)

Utility building.

(2)

Carport (unenclosed).

(3)

Community building that may provide services for residents of the mobile home park such as a laundromat.

(Ord. No. 26, § 8.03, 9-13-1990)

The C-1 Local Business District is intended to provide for retail shopping, office and service uses that are needed by and compatible with surrounding residential areas. The intent of this district is also to encourage the concentration of local businesses in locations proposed in the master plan creating harmonious land use arrangements with residential areas, and prohibiting uses which might create traffic hazards, offensive noises and hours of operation which may be incompatible with residential areas.

(Ord. No. 26, § 9.00, 9-13-1990)

The following uses shall be permitted, subject to any limitations described herein:

(1)

Any principal use permitted in an O-S district, as set forth in section 40-423.

(2)

Retail businesses selling groceries, beverages, meats, fruit, produce, dairy products and baked goods; drugs, dry goods, and notions; shoes, clothing, and jewelry; hardware and paint; books, gifts and cards; subject to the restrictions set forth in section 40-370.

(3)

Laundry or dry cleaning customer outlets, coin-operated laundromat, and self-serve dry cleaning center. Dry cleaning or laundry plants serving more than one customer service outlet shall be prohibited.

(4)

Restaurants (except drive-ins) serving food, beverages, or both.

(5)

Video rental stores

(6)

Churches.

(7)

Fitness facilities

(8)

Uses similar to the above and demonstrated as necessary to provide normal day-to-day needs of the population of the surrounding neighborhood.

(9)

Public utility buildings, such as telephone exchanges, electronic transformer stations, and similar uses, excluding outdoor storage.

(Ord. No. 26, § 9.01, 9-13-1990; Ord. of 2-9-2012(1), § 1(9.01))

The following uses shall be permitted subject to the special conditions hereinafter imposed for each use and subject further to the submission of a site plan as set forth in section 40-136, a recommendation of the township planning commission and approval by the township board as set forth in section 40-156(2) under the standards contained in section 40-145.

(1)

Automobile repair facility, minor, automobile filling/convenience station, automobile filling/mixed use station, and automobile filling/service station, subject to the provisions of section 40-628.

(2)

Public and private elementary, middle and high schools, subject to the provisions of section 40-624.

(3)

Day care centers, subject to the provisions of section 40-627.

(4)

Wireless communication facilities pursuant to section 40-648.

(5)

Automobile wash buildings.

(6)

Short-term rentals and bed and breakfast establishments.

(Ord. No. 26, § 9.02, 9-13-1990; Ord. No. 2023(5), § 1, 12-14-2023)

Accessory buildings and uses customarily incidental to the principal permitted uses enumerated in sections 40-366 and 40-367 are permitted.

(Ord. No. 26, § 9.03, 9-13-1990)

Refer to section 40-572 for the schedule of regulations, limiting the height and bulk of buildings the minimum size lot or parcel permitted by land use, the maximum density permitted, and providing the minimum yard setback requirements.

(Ord. No. 26, § 9.04, 9-13-1990)

(a)

All uses permitted in this district shall be located within fully enclosed buildings, except for off-street parking or loading. Outdoor storage or display shall be prohibited, except as otherwise permitted herein.

(b)

All uses permitted in the C-1 district shall have direct access to a paved public road.

(c)

Retail business uses set forth in section 40-366(2) shall not exceed 10,000 square feet in size. Retail business uses exceeding 10,000 square feet shall be treated as special land uses.

(Ord. No. 26, § 9.05, 9-13-1990)

The VC, Village Center District is intended to protect the unique historical character of the area by preserving the existing historical buildings and encouraging maintenance of historical architecture in all façade improvements, existing and new. Additionally, this district is intended to permit development of the township's existing village area with a density and combination of land uses (both residential and nonresidential) similar to that found in a traditional village settlement. This district allows for the development of office, retail, and service uses to serve the convenience and service needs of the area. Mixed-use developments are encouraged and all development/redevelopment should focus on a pedestrian-friendly atmosphere.

(Ord. No. 2012(4), § 1, 7-12-2012)

The following uses shall be permitted, subject to any limitations described herein:

(1)

Retail businesses selling antiques; art galleries; frame shops; novelty and toy stores; groceries, beverages, meats, fruit, produce, dairy products and baked goods; drugs, dry goods, and notions; shoes, clothing and jewelry; hardware and paint; books, gifts and cards.

(2)

Business service establishments, including, but not limited to printing and photocopying services, mail and packaging services, and typing and secretarial services.

(3)

Credit unions, banks, savings and loan offices, and similar financial institutions, but not including drive-through facilities.

(4)

Government offices and public buildings.

(5)

Medical and dental offices.

(6)

Offices for executive, administrative or professional occupations, including but not limited to, offices of a lawyer, accountant, tax consultant, financial advisor, insurance/real estate agent, architect, engineer and similar occupations.

(7)

Dwellings located above the first floor within a building containing another permitted use.

(8)

Pet grooming facilities for small household pets.

(9)

Personal service establishments including, but not limited to, florist shops, photographic studios, barber and beauty shops, watch and shoe repair, tailor shops, locksmith and similar establishments.

(10)

Carry-out restaurants serving food, beverages or both.

(11)

Studios for professional work and/or teaching of interior decorating, photography, music, drama, and/or dance.

(12)

Passive parks, pathways, nature trails, picnic grounds and playgrounds.

(13)

Uses similar to the above principal permitted land uses.

(Ord. No. 2012(4), § 1, 7-12-2012)

The following uses shall be permitted subject to the special conditions hereinafter imposed for each use and subject further to the submission of a site plan as set forth in section 40-136, a recommendation of the township planning commission and approval by the township board under the standards contained in section 40-145 of the Springfield Township Code of Ordinances.

(1)

Sidewalk café service, accessory to a restaurant or other food establishment.

(2)

Full-service restaurants based upon a demonstration of the adequacy of available parking.

(3)

Short-term rentals and bed and breakfast establishments.

(4)

Auto service uses, limited to automobile filling/convenience stations subject to the following conditions:

a.

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.

b.

Additional screening or noise buffering may be required at the discretion of the township taking into consideration adjacent land uses.

c.

If a canopy is proposed over the gasoline pumps, the canopy design must relate to the façade design of the main building, and shall not be taller than 14 feet. Where design permits, the pump island canopy structure shall be attached to and made an integral part of the main building structure.

(Ord. No. 2012(4), § 1, 7-12-2012; Ord. No. 2023(5), § 1, 12-14-2023)

Accessory buildings and uses customarily incidental to the principal permitted uses enumerated in sections 40-366 and 40-367 are permitted.

(Ord. No. 2012(4), § 1, 7-12-2012)

Refer to article III, district regulations, division 15, schedule of regulations, section 40-572 limiting the height and bulk of buildings and the minimum size lot or parcel permitted by land use, the maximum density permitted, and providing the minimum yard setback requirements.

(Ord. No. 2012(4), § 1, 7-12-2012)

(1)

All uses permitted in this district shall be located within fully enclosed buildings. Outdoor storage or display shall be prohibited, except as otherwise permitted herein. This requirement does not apply for sidewalk sales, farmer's markets, craft and antique shows, fairs and similar events that have obtained proper permits.

(2)

Off-street parking and loading requirements are exempt for all uses in the VC district except for short-term rentals. Where parking is provided, it should be located in the rear where alleys and other access points are available.

(3)

All parking areas shall be designed to be able to interconnect with neighboring properties where physically possible.

(Ord. No. 2012(4), § 1, 7-12-2012; Ord. No. 2023(5), § 1, 12-14-2023)

(1)

Architectural elements and details.

a.

Material surfaces shall be delineated by transitional details such as decorative coursework, reveals, or caps.

b.

All building construction shall use materials which are permanent and durable such as brick and modular stone. Low quality, monolithic materials such as stucco or E.I.F.S. systems, shall be permitted only as an enhancement to the overall façade of a building.

c.

The preservation of existing architectural features which are complimentary to the historic character of the Village Center district shall be encouraged. Where building modifications are required or new buildings are constructed, architectural features, materials, and the articulation of a façade of a building shall be continued on all sides visible from a thoroughfare or adjoining properties.

(2)

Signs. All signs shall comply with the requirements set forth in section 40-751(d).

(3)

Awnings.

a.

The awning must be permanently attached to the building.

b.

The minimum height of the awning shall be at least eight feet in height from the lowest point of the sidewalk to ensure clearance for pedestrian safety.

c.

Awnings should be projected over individual doors and windows, and shall not be continuous over the entire width of the façade.

d.

Awning materials are limited to matte finish canvas or similar fabric. Glass and metal awnings are prohibited.

e.

Signage on awnings shall comply with the provisions set forth in subsection 40-751(d)(2).

f.

Awnings which encroach into a public right-of-way will require approval of the appropriate governmental agency.

(4)

Screening of service equipment.

a.

Dumpster enclosures shall be used to contain refuse in a clean and orderly manner. Screening for dumpster enclosures and utilities shall be considered as an integral part of the design of a site. Where possible, shared trash enclosures should be utilized.

b.

Dumpster enclosures which are visible from adjoining properties and thoroughfares shall include some of the design features consistent with those on the rear façade of the building as well as obscuring plantings where appropriate.

c.

Utility equipment such as transformers, telephone switching boxes, and the like, shall be located in rear yards and screened in a similar manner to that of a dumpster enclosure.

d.

Rooftop mechanical equipment shall be obscured with parapets, for example, including the rear elevation when visible from adjoining properties and thoroughfares.

(Ord. No. 2012(4), § 1, 7-12-2012)

The C-2 General Business District is intended to provide for retail shopping, office and service uses that serve a market area larger than the C-1 district, but would generally be confined to the township as a whole. In addition to retail uses, a number of other activities, usually requiring considerable land area and access to major thoroughfares, are permitted. Uses in this district normally must have good automobile accessibility, but should be designed to avoid congestion on adjacent thoroughfares.

(Ord. No. 26, § 10.00, 9-13-1990)

The following uses shall be permitted, subject to any limitations described herein:

(1)

Any principal use permitted in an O-S and a C-1 district, as set forth in section 40-366, provided such uses comply with all regulations of the C-2 district.

(2)

Building material, home improvement and landscape material sales.

(3)

Automobile repair facility, minor, automobile filling/convenience station, automobile filling/mixed-use station, and automobile filling/service station, subject to the conditions enumerated in section 40-628.

(4)

Automobile wash buildings.

(5)

Automobile sales and service facility, offices or showrooms, provided that any major repair facilities shall meet the conditions set forth in section 40-629.

(6)

Fitness/sports clubs

(7)

Mortuaries.

(8)

Fast food and drive-in restaurants

(9)

Hotels and motels.

(10)

Other uses similar to the uses set forth in subsections (1) through (9) of this section.

(11)

Wireless communication facilities pursuant to section 40-648.

(12)

Public utility buildings, such as telephone exchanges, electronic transformer stations, and similar uses, excluding outdoor storage.

(Ord. No. 26, § 10.01, 9-13-1990; Ord. of 2-9-2012(1), § 1(10.01))

The following uses shall be permitted subject to the specific conditions hereinafter imposed for each use and subject further to the submission of a site plan as set forth in section 40-136, a recommendation of the township planning commission and approval by the township board as set forth in section 40-156(2) under the standards contained in section 40-145.

(1)

Any special land use permitted in the C-1 district, as set forth in section 40-367, provided such uses comply with the conditions of section 40-367 and all regulations of the C-2 district.

(2)

Automobile repair facility, major, subject to the provisions of section 40-629.

(3)

Recreational vehicle sales and service facility, provided that any major repair facilities shall meet the conditions set forth in section 40-629.

(4)

Commercial outdoor recreation uses such as amusement parks, golf driving ranges, and similar uses.

(5)

Open air business uses, including retail sales of plant materials, not grown on the site; and sales of lawn furniture, playground equipment, and home garden supplies.

(6)

Bowling alleys or similar forms of indoor commercial recreation.

(7)

Commercial dog kennels subject to section 40-644(d).

(8)

Adult businesses, such as adult bookstores, adult motion picture theaters, adult motels, adult personal service business and cabarets, subject to the following:

a.

Intent. There are some uses which, because of their very nature, are recognized as having serious objectionable, operational characteristics when concentrated with certain other uses under certain circumstances, thereby having a deleterious effect upon adjacent areas, as well as the community as a whole. Relying upon studies undertaken and reported by other communities, the township board has concluded that special regulation of these uses is necessary to prevent a concentration in any one area and to ensure that these adverse effects will not contribute to the blighting or downgrading of surrounding residential areas and uses which cater to those residential areas.

b.

Location requirements. In addition to compliance with the other provisions of this chapter, the following location requirements apply to regulated uses:

1.

No adult business use may be located within 1,000 feet of another adult business use. The distance between any two adult business uses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which the business is located.

2.

No adult business regulated use may be located within 500 feet of any residential zoning district, school property, licensed day care home or center, church or place of worship, library, public park, nursery school, preschool or other use which is primarily oriented to youth (less than 18 years of age) activities. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where an adult business use is conducted, to the nearest property line of any lot or parcel in any residential zoning district, school property, licensed day care home or center, church or place of worship, library, public park, nursery school, preschool or other use which is primarily oriented to youth (less than 18 years of age) activities.

c.

Miscellaneous requirements. In addition to compliance with the other provisions of this chapter, the following requirements apply to regulated uses:

1.

No person shall reside in or permit any person to reside in the premises of a regulated use;

2.

The merchandise or activities of the establishment shall not be visible from any point outside the establishment;

3.

The exterior portions of the establishment or signs shall not have any words, letterings, photographs, silhouettes, drawings or pictorial representations of any specified anatomical area or sexually explicit activity as defined in this chapter;

4.

The hours of operation of any adult business use shall be limited to 10:00 a.m. to 12:00 a.m. Monday through Saturday; and

5.

No person operating an adult business use shall permit any person under the age of 18 years of age to be on the premises.

6.

Alcohol is prohibited on the premises of any adult business use.

d.

Findings for approval. No use allowed under this subsection shall be approved by the township board unless all of the following findings are made:

1.

The establishment, maintenance, location and operation of the use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

2.

The establishment, maintenance, location and operation of the use will in all respects conform to the provisions of this chapter, other applicable township ordinances, and any applicable state or federal laws.

e.

Reasonable conditions necessary for protection of township. Reasonable conditions deemed necessary for the protection of the health, safety and welfare of township residents may be imposed by the township board with respect to the uses permitted under this subsection. The township board shall maintain a list of any conditions imposed under this subsection. Said conditions shall remain unchanged except under the mutual agreement of the landowner and the township board.

f.

Posting of performance guarantee may be required. The township board may require the posting of a performance guarantee in accordance with section 40-35, with respect to any improvements required to be completed as a condition of approval under this subsection.

(9)

Self-storage facility, subject to the provisions of section 40-630, provided all storage shall be contained within a building except automobile and recreational vehicle storage that shall be screened.

(10)

Automobile towing service, only as an accessory service to an automobile filling/service station or automobile repair facility, subject to the following conditions:

a.

Up to two tow trucks per facility shall be allowed as an accessory use.

b.

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 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 the ordinance from which this chapter is derived 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.

c.

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.

d.

Automobile impoundment facilities for the acceptance and storage of impounded cars are prohibited in this district.

(11)

Truck stops, subject to the provisions of section 40-631.

(12)

Large scale retail development, subject to the following:

a.

Intent. It is the intent of this section to regulate large scale retail developments, whether located as an individual use on a single site or as part of a shopping center. While it is recognized that large scale retail developments 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 developments are consistent with the character of the township and can be adequately served by and do not create an inordinate impact upon roads, utilities, storm drainage and police and fire services.

b.

Minimum area. Large scale retail developments 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 can be developed without the need for variances from this chapter's requirements.

2.

All standards set forth in subsection (11)c of this section are met.

3.

Sufficient area is available to meet all landscaping and buffering standards set forth in section 40-721.

c.

Architecture and site design standards. The applicant shall demonstrate in the submission of a site plan and supportive material that the design standards set forth in section 40-821 are met.

d.

Entryways. Each principal building shall have clearly defined, highly visible customer entrances featuring no less than three of the following:

1.

Canopies or porticos;

2.

Overhangs;

3.

Recesses/projections;

4.

Arcades;

5.

Raised corniced parapets over the door;

6.

Peaked roof forms;

7.

Arches;

8.

Architectural details such as tile work and moldings which are integrated into the building structure and design;

9.

Integral planters or wing walls that incorporate landscaped areas and/or places for sitting;

e.

Pedestrian circulation. In addition to the requirements set forth in section 40-683(b), the following standards shall be met:

1.

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. However, the township body responsible for site plan approval may permit deviations from this requirement based upon a finding that all or a portion of the foundation landscaping would not be an enhancement to the architectural design of the building.

2.

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.

f.

Outdoor displays of materials intended for retail sale. The outdoor display of products or materials intended for retail sale may be permitted subject to the following conditions:

1.

An outdoor display shall be considered as an accessory use to the principal use conducted on the premises.

2.

The exterior of the premises shall be kept clean, orderly and maintained.

3.

If an outdoor display is located on a sidewalk, a minimum of five feet of unobstructed, pedestrian access along the sidewalk shall be maintained. Sufficient room shall be provided to allow car doors to open along the curbside.

4.

An outdoor display shall not occupy or obstruct the use of any fire lane, required off-street parking or landscaped area required to meet the requirements of this chapter.

g.

Central features and community space. Each large scale retail development subject to these standards shall contribute to the development or enhancement of community and public spaces by providing at least two of the following: patio/seating area, pedestrian plaza with benches, 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.

h.

Delivery/loading operations. Off-street loading and similar delivery 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.

i.

Storage in trailers. Use of trailers for storage of merchandise for a period of more than 48 hours shall be prohibited.

(13)

General and specialty hospitals.

(14)

Short-term rentals and bed and breakfast establishments.

(15)

Pet cemeteries.

(Ord. No. 26, § 10.02, 9-13-1990; Ord. No. 2018(2), § 1, 2-8-2018; Ord. No. 2018(7), § 3, 9-13-2018; Ord. No. 2023(5), § 1, 12-14-2023; Ord. No. 2024(2), § 4, 12-12-2024)

Accessory buildings and uses customarily incidental to the principal permitted uses enumerated in sections 40-400 and 40-401 are permitted.

(Ord. No. 26, § 10.03, 9-13-1990)

Refer to section 40-572 for the schedule of regulations, limiting the height and bulk of buildings the minimum size lot or parcel permitted by land use, the maximum density permitted, and providing the minimum yard setback requirements.

(Ord. No. 26, § 10.04, 9-13-1990)

(a)

All uses permitted in this district shall be located within fully enclosed buildings, except for off-street parking or loading. Outdoor storage of display shall be prohibited, except as otherwise permitted herein.

(b)

All uses permitted in the C-2 district shall have direct access to a paved public road.

(Ord. No. 26, § 10.05, 9-13-1990)

(a)

The intent of the O-S Office Service District is to provide locations for low-intensity business uses which primarily include office and technical uses, and business and personal services uses which are dependent on and supportive of an office environment. The office service district is intended to provide for a compatible transitional use between commercial and residential areas and/or between thoroughfares and residential areas.

(b)

The district shall be characterized by uses which: generally operate during normal business hours; produce a low volume of traffic; and, are located in buildings which are architecturally compatible with the surrounding area. The office service district is not intended to permit commercial retail uses that generate a large traffic volume. A limited range of business and service uses are permitted for the benefit of official personnel, tenants and visitors, provided that offices and technical uses remain the predominant use within the district.

(Ord. No. 26, § 11.00, 9-13-1990)

The following uses are permitted in an O-S district subject to any limitations described herein:

(1)

Office buildings for the use of any of the following occupations: executive; administrative; professional; real estate; insurance; accounting; writing; clerical; stenographic; drafting; and sales.

(2)

Medical and dental offices, including clinics and medical laboratories.

(3)

Veterinary offices and hospitals, including accessory boarding. No outdoor exercise runs or pens are permitted.

(4)

Banks, credit unions, savings and loan associations.

(5)

Government and public utility offices.

(6)

Training and/or educational centers where such centers are designed and intended to provide training at the business, technical, and/or professional level.

(7)

Business service establishments such as printing and photocopying services, mail and packaging services, and typing and secretarial services.

(8)

Florist shops.

(9)

Personal service establishments, such as photographic studios, barber and beauty shops, watch and shoe repair, tailor shops, locksmith and similar establishments.

(10)

Pharmacies, including stores selling or renting durable medical equipment, when located within an office building.

(11)

Data processing and computer centers including the servicing and maintenance of electronic data processing equipment.

(Ord. No. 26, § 11.01, 9-13-1990)

The following uses shall be permitted subject to the specific conditions hereinafter imposed for each use and subject further to the submission of a site plan as set forth in section 40-136, a recommendation of the township planning commission and approval by the township board as set forth in section 40-156(2) under the standards contained in section 40-145.

(1)

Computer and business machine sales and service.

(2)

Research and design centers together with related office buildings for such research facilities where said offices are designed to accommodate executive, administrative, professional, accounting, engineering, architectural, and support personnel.

(3)

Private service clubs, fraternal organizations and lodge halls.

(4)

Day care centers, subject to the provisions of section 40-627.

(5)

Public and private nursery and kindergarten schools, subject to the provisions of section 40-626.

(6)

Fitness facilities.

(7)

Churches.

(8)

Short-term rentals and bed and breakfast establishments.

(9)

One-family detached dwellings, subject to the provisions of section 40-657.

(Ord. No. 26, § 11.02, 9-13-1990; Ord. of 11-10-2011(3), § 1; Ord. No. 2023(5), § 1, 12-14-2023)

Accessory buildings and uses customarily incidental to the uses permitted in 40-423 and 40-424 are permitted.

(Ord. No. 26, § 11.03, 9-13-1990)

Refer to section 40-572 for the schedule of regulations, limiting the height and bulk of buildings, the minimum size lot or parcel permitted by land use, the maximum density permitted and providing the minimum yard setback requirements.

(Ord. No. 26, § 11.04, 9-13-1990)

(a)

All uses permitted in this district, except for accessory off-street parking, shall be located within fully enclosed buildings. Outdoor storage or display shall be prohibited.

(b)

All uses permitted in the O-S district shall have direct access to a paved road.

(Ord. No. 26, § 11.05, 9-13-1990)

The M-1 Light Industrial District is intended to accommodate certain activities whose external effects are minimal and in no industrial way detrimental to surrounding districts plus certain wholesale, warehousing and intensive service activities of a nature such as not to justify their inclusion in any commercial use district, but whose external effects also are nondetrimental. All uses in the district are intended to be compatible with one another. Since it is the intent of the township to carefully conserve land in the M-1 zone for manufacturing and related uses, only in exceptional circumstances will certain convenience services needed to serve the basic light industrial and related uses be permitted. Uses in this district shall emit a minimum of smoke, dust, dirt, odor or gases, subject to the pollution standards of the state, the county and the township. All uses located within this district shall be so designed and operated as to produce no sound or vibration discernible at the property lines in excess of the normal intensity of street or traffic noises or vibration noticeable at such points, nor any production of heat or glare noticeable at such points. Manufacturing uses in the district normally involve the manufacturing, compounding, processing, packaging, assembly or treatment of finished or semi-finished products from previously prepared material. The processing of raw material for shipment in bulk form for use in an industrial operation at another location shall not be permitted.

(Ord. No. 26, § 12.00, 9-13-1990)

The following uses shall be permitted, each of which shall meet the performance standards described in section 40-453, and subject to any limitations described herein. All manufacturing shall be enclosed with a building.

(1)

The manufacture, compounding, processing, packaging, or treatment of the following products:

a.

Baked goods, candy and other food products, but excluding slaughterhouses or abattoirs.

b.

Cosmetics, pharmaceutical, biological and chemical products and toiletries.

c.

Hardware and cutlery.

d.

Tools, dies, machine products, metalworking machinery and equipment, general industrial and service machinery and equipment.

(2)

The manufacture, compounding, assembling or treatment of articles or merchandise from the following previously prepared materials: bone, canvas, cellophane, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semi-precious metals or stones, sheet metal (excluding large stampings such as automobile fenders or bodies), shell, textiles, tobacco, wax, wire, wood (excluding saw and planing mills), and yarns.

(3)

The manufacture of pottery and figurines or other similar ceramic products using only previously pulverized clay, and kilns fired only by electricity or gas.

(4)

Manufacture of musical instruments, toys, novelties, sporting and athletic goods, and metal or rubber stamps, or other small molded rubber products.

(5)

Industrial, scientific and business research, development and testing laboratories.

(6)

The manufacture or assembly of electrical and electronic machinery, components and supplies, radios, phonographs and television sets, electrical appliances, office, computing and accounting machines.

(7)

The manufacture or assembly of professional and scientific instruments, photographic and optical goods.

(8)

Manufacture and repair of electric or neon signs, light, sheet metal projects, including heating and ventilating equipment, cornices, eaves and the like.

(9)

Printing, publishing, or allied industries.

(10)

Warehouse and wholesale establishments and truck terminal facilities necessary to serve such use.

(11)

Central dry cleaning plants or laundries provided that such plants shall not deal directly with the consumer at retail.

(12)

All public utilities, including buildings, necessary structures, storage yards and other related uses.

(13)

Water supply and sewage disposal plants, water and gas tank holders and railroad transfer and storage tracks when accessory to a principal permitted use.

(14)

Building and construction material wholesalers and contractors.

(15)

Trade or industrial schools.

(16)

Other light manufacturing plants and uses similar to the above having performance characteristics which are consistent with those described in section 40-453.

(17)

Signs, as provided in section 40-751.

(18)

Self-storage facility, subject to the provisions of section 40-630.

(19)

Wireless communication facilities pursuant to section 40-648.

(20)

Automobile repair facility, major, subject to the provisions of section 40-629.

(21)

Storage of new and used vehicles in association with auto/vehicle sales and service facilities as provided in section 40-681(4)c.

(Ord. No. 26, § 12.01, 9-13-1990; Ord. No. 2016(1), § 1.4, 1-14-2016)

The following uses shall be permitted subject to the specific conditions hereinafter imposed for each use and subject further to the submission of a site plan as set forth in section 40-136, a recommendation of the township planning commission and approval by the township board as set forth in section 40-156(2) under the standards contained in section 40-145.

(1)

Storage facilities for building, materials, sand, gravel, lumber, and construction contractors' equipment, subject to the following, such site shall (except for frontage of a public street) abut only land within an M-1 district, and all such storage shall be enclosed within a building or, on those sides abutting any public thoroughfare, shall be surrounded by an obscuring wall or fence of at least six feet in height.

(2)

Painting and varnishing shops, lumber and planing mills.

(3)

Automobile repair facilities, major, that perform dismantling and salvaging of automobiles, commercial and recreational vehicles for parts recovery, subject to the following:

a.

Devices and controls adequate to meet the standards enumerated in section 40-453 relative to sound, vibration, smoke, odor, or gases shall be installed.

b.

Adequate means of sanitary disposal of any waste material shall be provided.

c.

Outdoor storage of vehicles being repaired or being used for parts recovery shall be screened as follows:

1.

All vehicles shall be screened from off-site view by walls (including building walls) or fences at least eight feet in height.

2.

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.

d.

No more than a total of three vehicles waiting to be serviced per service bay and two vehicles for parts salvaging per service bay shall be stored at any time.

e.

Adequate standing and parking facilities shall be provided on the site so that no loaded vehicle at any time stands on a public right-of-way awaiting entrance to the site.

(4)

Automobile sales and service facility, subject to the following:

a.

Devices and controls adequate to meet the standards enumerated in section 40-453 relative to sound, vibration, smoke, odor, or gases shall be installed.

b.

Adequate means of sanitary disposal of any waste material shall be provided.

c.

Any major repair services provided shall meet the requirements outlined in section 40-629 except that vehicle dismantling and salvaging for parts recovery is a permitted use as long as it is an accessory use to the repair facility.

(5)

Automobile towing service, subject to the conditions set forth in section 40-886.

a.

Automobile impoundment facilities under contract with a county or state agency for the acceptance and storage of impounded automobiles are allowed in this district as long as this activity is accessory to the automobile towing service, no more than ten cars are stored in the impoundment facility at any one time, and the screening requirements enumerated in section 40-401(9)b are met.

b.

The automobile impoundment facility shall be a separate storage area from any other storage area found on the site, capable of storing the maximum number of vehicles allowed. Only impounded automobiles may be stored in this area, and for a maximum of 45 days.

c.

If the automobile towing service with an impoundment facility is accessory to an automobile repair facility, major, all conditions outlined in subsection (2) of this section shall also be met.

(6)

Truck stops, subject to the provisions of section 40-631.

(7)

Fleet fuel storage and dispensing facility, subject to the provisions of section 40-632.

(8)

Materials recovery facility subject to the provisions of section 40-659.

(Ord. No. 26, § 12.02, 9-13-1990; Ord. of 12-11-2008(1), § 1(2)Ord. No. 2013(4), § 2, 3-14-2013; Ord. No. 2016(2), § 1.1, 3-10-2016; Ord. No. 2024(1), § 2, 10-10-2024)

Accessory buildings and uses, including special plants to treat industrial wastes, and including those uses customarily incidental to the principal permitted uses enumerated in sections 40-454 and 40-455 are permitted.

(Ord. No. 26, § 12.03, 9-13-1990)

Refer to section 40-572 for the schedule of regulations, limiting the height and bulk of buildings, the minimum size lot or parcel permitted by land use, the maximum density permitted and providing the minimum yard setback requirements.

(Ord. No. 26, § 12.04, 9-13-1990)

The M-2 Heavy Industrial District is intended to provide land for the more large-scale and intense manufacturing, fabricating and assembling uses. While such may occasionally produce external physical effects noticeable to a limited degree beyond the boundaries of the site, nevertheless every possible effort shall be made to minimize such effects.

(Ord. No. 26, § 13.00, 9-13-1990)

The following uses shall be permitted, subject to any limitations described herein:

(1)

Any principal use permitted under the provisions of section 40-453 in a M-1 district subject to all regulations of such district.

(2)

Any manufacturing or other industrial-type or related use (including the assembly, alteration, cleaning, fabrication, finishing, machining, processing, production, repair, servicing, storage, testing or treating of materials, goods or products) which is not injurious or offensive to the occupants of adjacent premises by reason of the emission or creation of noise, vibration, smoke, dust or other matter, toxic and noxious materials, odors, fire or explosive hazards or glare or heat, including but not limited to the following:

a.

The manufacturing, fabrication and assembling of motor vehicle equipment and parts, farm machinery and equipment, heavy industrial machinery and equipment.

b.

Manufacture of major appliances.

c.

Brick or building block manufacture.

d.

Pressing, stamping or forming of major sheet metal parts.

e.

Manufacture of iron, aluminum, bronze and other castings.

(3)

Certain uses which by their nature would be dangerous in a community with large residential areas are prohibited. This shall include the manufacture of explosives, gasoline and other crude oil by-products.

(4)

Signs, as provided in section 40-751.

(5)

Automobile repair facility, major, subject to the provisions of section 40-629.

(6)

Automobile towing service, subject to conditions set forth in section 40-886.

(7)

Truck stops, subject to the provisions of section 40-631.

(Ord. No. 26, § 13.01, 9-13-1990)

The following uses shall be permitted subject to the specific conditions hereinafter imposed for each use and subject further to the submission of a site plan as set forth in section 40-136, a recommendation of the township planning commission and approval by the township board as set forth in section 40-156(2) under the standards contained in section 40-145.

(1)

Automobile salvage yard/junkyards, subject to the following:

a.

The entire site shall be enclosed on all sides by an obscuring masonry wall at least eight feet in height.

b.

Adequate standing and parking facilities shall be provided on the site so that no loaded vehicle at any time stands on a public right-of-way awaiting entrance to the site.

c.

No burning or scrap products shall at any time be permitted except in an incinerator located not less than 100 feet from any property line or highway right-of-way. Emission of smoke, dirt, dust and fly ash shall be controlled through the use of electrostatic precipitators or other equipment of equal or better efficiency, which shall meet all the pollution control regulations of the state, county and township.

(2)

Refuse and garbage incinerators, subject to the following:

a.

Such use shall be located on a site of not less than 40 acres.

b.

Such site shall (except for frontage on a public street) abut only land located within an M-2 district.

c.

The entire site shall be enclosed on all sides by an obscuring fence at least eight feet in height or greenbelt 25 feet in width planted with grass, trees, etc., to provide complete screening.

d.

All roads on the premises shall be improved with a hard surface to the specifications of the township.

e.

Adequate standing and parking facilities shall be provided on the site so that no packer or other collection vehicle at any time stands on a public right-of-way awaiting entrance to the site.

f.

No part of the structure in which any incinerator furnace is housed shall be located less than 200 feet from any property line on the premises or less than 400 feet from any public street or highway right-of-way.

g.

Emission of smoke, dirt, dust and fly ash shall be controlled through the use of electrostatic precipitators or other equipment of equal or better efficiency, which shall meet all air pollution control regulations of the state, county and township.

h.

Loaded packer or other collection vehicles shall be unloaded and the loads placed in the incinerator within one hour after the vehicle's arrival on the premises.

i.

The proposed plan of operation of any garbage and refuse incinerator shall be approved by the county health department prior to the issuance of a permit by the township.

(3)

Truck terminals and storage yards, subject to the following:

a.

Adequate ingress and egress shall be provided from a major thoroughfare of at least 120 feet right-of-way existing or proposed.

b.

Such use shall not occupy an area greater than ten acres.

c.

Dispatching and business offices shall be subject to the requirements of the district.

d.

Maintenance and repair facilities shall be conducted totally within an enclosed building.

e.

There shall be no areas designated on the property for storage of inoperative trailers, vehicles, or waste materials other than normal maintenance.

(4)

Sanitary landfills, subject to the following conditions:

a.

Such use shall be located on a site of not less than 40 acres.

b.

The entire site shall be enclosed on all sides by an obscuring fence at least eight feet in height or greenbelt 25 feet in width planted with grass, trees, etc., to provide complete screening.

c.

All roads on the premises shall be improved with a hard surface to the specifications of the township.

d.

Adequate standing and parking facilities shall be provided on the site so that no packer or other collection vehicle at any time stands on a public right-of-way awaiting entrance to the site.

e.

No part of the structure or any portion of the sanitary landfill shall be located less than 100 feet from any property line on the premises or less than 100 feet from any public street or highway right-of-way.

f.

The proposed plan of operation of a sanitary landfill shall be approved by the county health department prior to issuance of a permit by the township.

g.

Prior to approval of a sanitary landfill, the township board shall hold a public hearing on the proposed use; notification of such hearing to follow the publication statutes of the Michigan Zoning Enabling Act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

h.

A performance guarantee in accordance with section 40-35 shall be deposited with the township in an amount required by the board at the time of approval of the use to ensure compliance with the provisions of this chapter. The amount of the performance guarantee shall be determined by taking into consideration the scale of the proposed operation, the probable costs of rehabilitating the property if default occurs in meeting the chapter standards, court costs, and similar items.

i.

An annual operating permit shall be issued by the building official upon his finding the landfill in compliance with this chapter. The township board shall establish a fee to cover the cost of issuance of this permit and inspection of the landfill by the building official.

j.

Physical requirements. In addition to subsection (4)a through (4)i of this section, the following requirements are mandatory:

1.

Refuse, rubbish or garbage fill shall be spread so that it can be compacted in layers not exceeding a depth of two feet of compacted material. Any refuse so deposited shall be thoroughly compacted with heavy mechanical equipment weighing not less than ten tons each. Following compaction, the refuse shall be covered with a layer of earth not less than six inches in depth, within 24 hours of the time of depositing, suitable for the growing of turf or other land uses permitted within the district. The township board, subject to the rules and regulations of the county health department and the state department of health, may extend the period of time to cover the waste beyond the 24-hour limit. A layer of suitable cover material compacted to a minimum thickness of two feet shall be placed over the entire surface of each portion of the final lift not later than one week following the placement of refuse within that portion.

2.

The burning of refuse, rubbish or garbage at the site of any fill, is hereby prohibited. All precautions shall be taken to avert ignition by spontaneous combustion and suitable equipment shall be available to extinguish accidental fires.

3.

A temporary fence may be required by the board to enclose the filling operations to prevent the scattering of refuse, rubbish or garbage and to control access to the site.

4.

Measures shall be taken to control dust and blowing paper. The entire area shall be kept clean and orderly.

5.

No filling of refuse, rubbish or garbage shall occur within 500 feet of any existing dwelling or any existing residentially zoned district (R-1, R-2, R-3 and R-1-A) unless written consent is secured from all adjacent residents or landowners within said limitation of 500 feet. These letters of consent shall be filed with the building official prior to the public hearing.

6.

Any road, other than a primary road as designated by the county road commission, used for the purpose of ingress or egress to said fill site, which road is also used as the main means of ingress or egress for any residence, shall be of a hard surface with cement or bituminous substance or such other substance as may be approved by the county road commission and the township board to a distance equal to the length of the road, but in no event for a distance greater than one mile.

7.

Additional equipment or machinery for operations on premises shall not be permitted unless specifically applied for in the application and for which a permit is issued.

8.

Reasonable hours of operation for any permitted use under this section shall be as established by the township board.

9.

Conditions unfavorable for the production of insects and rodents shall be maintained by carrying out routine landfill operations promptly in a systematic manner. Supplemental insect and rodent control measures shall be instituted whenever necessary.

10.

The entire site, including the fill surface, shall be graded and provided with drainage facilities to minimize runoff onto and into the fill, to prevent erosion or washing of the fill, to drain off rainwater falling on the fill and to prevent the collection of standing water.

11.

Permits issued according to the terms and provisions of this chapter shall restrict the permit holder to a fill site which at any given time shall have an area no greater than ten acres. Additional fill areas may be authorized by the township board upon completion of the prior ten-acre fill area, provided said areas were completed in compliance with this chapter and all state and county regulations and further provided said ten acres fall within the legal description of that area originally applied for by the permit holder. The default or noncompliance by the permit holder with the terms and conditions of said permit, this chapter, or any state and county regulations shall constitute grounds for a denial of any such request for authorization of an additional ten-acre fill site.

(5)

Fleet fuel storage and dispensing facility, subject to the provisions of section 40-632.

(6)

Materials recovery facility subject to the provisions of section 40-659.

(7)

Solid waste processing and transfer facility subject to the provisions of section 40-661.

(8)

Intensive materials recovery facility subject to the provisions of section 40-660.

(9)

Intensive solid waste processing and transfer facility subject to the provisions of section 40-662.

(Ord. No. 26, § 13.02, 9-13-1990; Ord. of 12-11-2008(1), § 1(3); Ord. No. 2013(4), § 3, 3-14-2013; Ord. No. 2016(2), § 1.2, 3-10-2016; Ord. No. 2018(7), § 4, 9-13-2018; Ord. No. 2024(1), § 3, 10-10-2024)

Accessory buildings and uses, including special plants to treat industrial wastes, and including those uses customarily incidental to the principal permitted uses enumerated in sections 40-484 and 40-485.

(Ord. No. 26, § 13.03, 9-13-1990)

Refer to section 40-572 for the schedule of regulations, limiting the height and bulk of buildings, the minimum size lot or parcel permitted by land use, the maximum density permitted, and providing the minimum yard setback requirements.

(Ord. No. 26, § 13.04, 9-13-1990)

The intent of the division is to implement the provisions of Public Act No. 110 of 2006 (MCL 125.3101 et seq.), authorizing the use of planned unit development (PUD) districts to provide for various types of land uses planned in a manner which shall: encourage the use of land in accordance with its character and adaptability; conserve natural resources and energy; encourage innovation in land use planning; provide enhanced housing, employment, shopping, traffic circulation and recreational opportunities for the people of the township; and bring about a greater compatibility of design and use. The provisions of this article provide enabling authority and standards for the submission, review, and approval of applications for planned unit developments.

(Ord. No. 26, § 14.00, 9-13-1990)

(a)

A planned unit development (PUD) may be applied for in any zoning district. The grant of a planned unit development application shall require a rezoning by way of amendment of this chapter upon the recommendation of the planning commission and approval of the township board.

(b)

Any land use authorized in this chapter may be included in a planned unit development, subject to adequate public health, safety, and welfare protection mechanisms being designed into the development to ensure the compatibility of varied land uses both within and outside the development.

(c)

The applicant for a planned unit development must demonstrate all of the following as a condition to being entitled to planned unit development treatment:

(1)

Grant of the planned unit development will result in one of the following:

a.

A recognizable and material benefit to the ultimate users of the project and to the community, where such benefit would otherwise be unfeasible or unlikely to be achieved without application of the planned unit development regulations;

b.

Long-term protection and preservation of natural resources and natural features of a significant quantity and/or quality, where such benefit would otherwise be unfeasible or unlikely to be achieved without application of the planned unit development regulations; or

c.

A nonconforming use shall, to a material extent, be rendered more conforming, or less offensive, to the zoning district in which it is situated.

(2)

The proposed type and density of use shall not result in an unreasonable increase in the need for or burden upon public services, facilities, roads and utilities.

(3)

The proposed development shall be consistent with the public health, safety and welfare of the township.

(4)

The proposed development shall not result in an unreasonable negative environmental impact on the subject site or surrounding land.

(5)

The proposed development shall not result in an unreasonable negative economic impact upon surrounding properties.

(6)

The proposed development shall be under single ownership and/or control such that there is a single person having responsibility for completing the project in conformity with this chapter.

(7)

The proposed development shall be consistent with the goals and policies of the township master plan.

(Ord. No. 26, § 14.01, 9-13-1990)

(a)

Residential design standards.

(1)

Residential uses shall be permitted with the following maximum density, based upon the zoning district in which the property is situated immediately prior to classification under this article. Land area under water, public road rights-of-way and private road easements shall not be included in the gross density calculation.

(2)

Additional density greater than specified in subsection (a)(1) of this section for residential uses may be allowed at the discretion of the township board upon the recommendation of the planning commission and based upon a demonstration by the applicant of consistency with goals and policies of the township master plan and of planning and design excellence resulting in a material benefit to the township, adjacent land uses, and/or the ultimate users of the project, where such benefit would otherwise be unlikely to be achieved without the application of the PUD regulations, including, without limitation, innovative design producing significant energy efficiency, pedestrian or vehicular safety, longterm aesthetic beauty, and protection and preservation of natural resources and features.

(b)

Nonresidential design standards.

(1)

Nonresidential uses may be permitted in combination with other nonresidential uses or as part of a common development with residential uses.

(2)

The nonresidential uses, including parking and vehicular trafficways, shall be separated and buffered from residential units in a manner consistent with good land and community planning principles.

(c)

General design standards.

(1)

All regulations applicable to setback, parking and loading, general provisions, and other requirements shall be met in relation to each respective land use in the development based upon zoning districts in which the use is listed as a principal permitted use. In all cases, the strictest provisions shall apply. Notwithstanding subsection (b) of this section, deviations with respect to such regulation may be granted as part of the overall approval of the planned unit development, provided there are features or elements demonstrated by the applicant and deemed adequate by the township board upon the recommendation of the planning commission designed into the project plan for the purpose of achieving the objectives of this division.

(2)

To the maximum extent feasible, the development shall be designed so as to preserve the natural resources and natural features. In the interpretation of this provision, natural resources and natural features may be impaired or destroyed only if it is clearly in the public interest to do so. In determining whether action is in the public interest, the benefit which would reasonably be expected to accrue from the proposal shall be balanced against the reasonably foreseeable detriments of the activity, taking into consideration the local, state and national concern for the protection and preservation of the natural resources or features. To accomplish this balancing, the following criteria shall be applied:

a.

The availability of feasible and prudent alternative methods of accomplishing any development;

b.

The extent and permanence of the beneficial or detrimental effects of the proposed activity;

c.

The size, quality and rarity of the natural resources or natural features which would be impaired or destroyed.

(3)

There shall be a perimeter setback and berming, as found to be necessary by the township board upon the recommendation of the planning commission, for the purpose of buffering the development in relation to surrounding properties. If the planned unit development project included nonresidential uses adjacent to a district authorizing residential uses, and/or if the project is larger than one acre in area, such perimeter setback shall be established with a dimension from the property line of up to 100 feet in the discretion of the township board, taking into consideration the use or uses in and adjacent to the development. The setback distance need not be uniform at all points on the perimeter of the development.

(4)

Thoroughfare, drainage, and utility design shall meet or exceed the standards otherwise applicable in connection with each of the respective types of uses served.

(5)

There shall be underground installation of utilities, including electricity and telephone, as found necessary by the township.

(6)

The pedestrian circulation system, and its related walkways and safety paths, shall be separated from vehicular thoroughfares and ways, as found necessary by the township.

(7)

Signage, lighting, landscaping, building materials for the exterior of all structures, and other features of the project, shall be designed and completed with the objective of achieving an integrated and controlled development, consistent with the character of the community, surrounding developments, and natural features of the area.

(8)

Where nonresidential uses adjoin off-site residentially zoned property, noise reduction and visual screening mechanisms such as earthen and/or landscape berms and/or decorative walls, shall be employed. The township board, in its discretion, shall review and approve the design and location of such mechanisms upon the recommendation of the planning commission.

(9)

The township board upon the recommendation of the planning commission shall resolve all ambiguities as to applicable regulations using this chapter, the master plan, and other township standards or policies as a guide.

(Ord. No. 26, § 14.02, 9-13-1990)

(a)

The grant of a planned unit development application shall require a rezoning by way of an amendment of this chapter.

(b)

Prior to the submission of an application for planned unit development approval, the applicant shall submit to the planning commission a preliminary site plan of the proposed planned unit development. The planning commission shall review the preliminary site plan and shall provide the applicant with written comments, which shall be part of the official minutes of the planning commission. Review and comment upon a preliminary plan by the planning commission shall not bind the township to approval of a final PUD plan. The preliminary site plan for a PUD shall contain at a minimum the following information:

(1)

Evidence of ownership, location and description of site; dimensions and areas.

(2)

General topography; soil information.

(3)

Scale, north arrow, date of plan.

(4)

Existing zoning of site; existing land use and zoning or adjacent parcels; location of existing buildings, drives, and streets on the site and within 500 feet of the site.

(5)

Location, type, and land area of each proposed land use; dwelling unit density (dwelling units per acre).

(6)

Location, size, and uses of open space.

(7)

General description of the organization to be utilized to own and maintain common areas and facilities.

(8)

General landscape concept showing tree masses to be preserved or added, buffer areas, and similar features.

(9)

General descriptions of proposed water, sanitary, and storm drainage systems.

(10)

Existing natural and manmade features to be preserved or removed; location of existing structures, streets, and drives; location, width, and purpose of existing easements.

(11)

General location, function, surface width, and right-of-way of proposed public and private streets.

(12)

General location of proposed parking areas and approximate number of spaces to be provided in each area.

(13)

Location and area of each development phase.

(c)

Within six months following receipt of the planning commission comments on the preliminary plan, the applicant shall submit a final plan conforming to section 40-518. This plan shall constitute an application to amend this chapter, and shall be noticed for public hearing before the planning commission, with notification of the hearing pursuant to Public Act No. 110 of 2006 (MCL 125.3101 et seq.), and otherwise acted upon by the planning commission, the county, and the township board, as provided by law. The planning commission shall, to the extent it deems appropriate, submit detailed recommendations relative to the planned unit development project, including, without limitation, recommendations with respect to matters on which the township board must exercise discretion.

(d)

If a final plan is not submitted by the applicant for final plan approval within six months following receipt of planning commission comments, the preliminary plan approval becomes null and void.

(Ord. No. 26, § 14.03, 9-13-1990)

Final PUD plans shall include the following:

(1)

A site plan meeting all requirements of section 40-136, site plan review.

(2)

A separately delineated specification of all deviations from this chapter which would otherwise be applicable to the uses and development proposed in the absence of this planned unit development article.

(3)

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

(4)

A specific schedule of the general improvements to constitute a part of the development, including, without limitation, lighting, signage, the mechanisms designed to reduce noise, utilities, and visual screening features.

(5)

A specification of the exterior building materials with respect to the structures proposed in the project.

(6)

A development agreement in form as approved by the township attorney including, at a minimum, the following:

a.

Identification of all development plans and documents applicable to the development, as approved by the township board;

b.

Recitation of applicable conditions, related agreements, and schedule of intended development and construction, including phasing or timing;

c.

Other provisions required by the township board or as deemed applicable by the township supervisor.

(7)

Signatures of all parties having an interest in the property.

(Ord. No. 26, § 14.04, 9-13-1990)

Reasonable conditions may be required with the approval of a planned unit development, to the extent authorized by law, for the purpose of ensuring that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, protecting the natural environment and conserving natural resources and energy, ensuring compatibility with adjacent uses of land, and promoting the use of land in a socially and economically desirable manner. Conditions imposed shall be designed to protect natural resources and the public health, safety, and welfare of individuals in the project and those immediately adjacent, and the community as a whole; reasonably related to the purposes affected by the planned unit development; and, necessary to meet the intent and purpose of this chapter, and be related to the objective of ensuring compliance with the standards of this chapter. All conditions imposed shall be made a part of the record of the approved planned unit development.

(Ord. No. 26, § 14.05, 9-13-1990)

(a)

Phasing. Where a project is proposed for construction in phases, the planning and designing shall be such that, upon completion, each phase shall be capable of standing on its own in terms of the presence of services, facilities, and open space, and shall contain the necessary components to ensure protection of natural resources and the health, safety, and welfare of the users of the planned unit development and the residents of the surrounding area. In addition, in developments which include residential and nonresidential uses, the relative mix of uses and the scheduled completion of construction for each phase shall be disclosed and determined to be reasonable in the discretion of the township board after recommendation from the planning commission.

(b)

Commencement and completion of construction. Construction shall be commenced within one year following final approval of a planned unit development. Each phase of the project shall be commenced within one year of the schedule established for same in the application submitted. If construction is not commenced within such time, any approval of a site plan on the project shall expire and be null and void, provided extensions for a specified period may be granted by the township board upon good cause shown if such request is made to the board prior to the expiration of the initial period, or any approved extension of the initial period. Moreover, in the event a site plan has expired, the township shall be authorized to rezone the property in any reasonable manner, and, if the property remains classified as PUD, a new application shall be required, and shall be reviewed in light of then existing and applicable law and ordinance provisions.

(Ord. No. 26, § 14.06, 9-13-1990; Ord. of 12-11-2008(2), § 1(3))

When approved the planned unit development amendment, with all conditions imposed, if any, and the development agreement, shall constitute the land use authorization for the property, and all improvement and use shall be in conformity with such amendment and agreement. A notice of PUD approval shall be prepared and recorded against the applicable property at the office of the county register of deeds. This notice shall state that development of the property is restricted by the final PUD plan, the development agreement and any applicable conditions, and shall state where the entire PUD plan may be inspected.

(Ord. No. 26, § 14.07, 9-13-1990)

(a)

Deviations from an approved planned unit development shall require an amendment to the PUD, which amendment shall follow all procedural steps required for an original PUD approval except as allowed in this section.

(b)

A property owner who has been granted PUD approval shall notify the township planning coordinator in writing of any requested deviations or proposed amendments to the approved PUD. The planning coordinator shall submit the request to the PUD committee, as hereinafter defined, with a recommendation.

(c)

Minor changes to the final PUD plan or development agreement may be approved by a PUD committee, without recommendation by the planning commission or action by the township board, after review and recommendation by any township departments, consultants, or employees as deemed necessary by the planning coordinator. In some instances, it will be necessary to submit an amended site plan to the township for review. The PUD committee shall be composed of a representative of the planning commission and the township board. The PUD committee shall unanimously determine that the proposed revision does not alter the basic design or conditions of the plan imposed upon the original approval by the township board. In making such a determination, the following may be considered a minor change:

(1)

For residential structures, if structure size or the number of bedrooms is a condition of approval, the size of the structures may be reduced or increased by up to five percent for each structure provided that the overall density of units or the number of bedrooms does not increase.

(2)

Square footage of nonresidential buildings may be decreased or increased by up to five percent or 10,000 square feet, whichever is smaller, provided that this change does not require additional parking or drainage revisions or affect any specific conditions of approval.

(3)

Horizontal and/or vertical grade elevations may be altered so long as the overall drainage plan is not affected.

(4)

A building may be relocated within an area no more than ten feet from the approved placement of the building in the original PUD plan, so long as other elements of the plan are not materially affected.

(5)

Designated open space areas may be increased.

(6)

Any landscape materials may be replaced by similar types of landscaping so long as the total amount or size of landscaping is not decreased.

(7)

Changes to building materials of a higher quality (as determined by the PUD committee) unless such changes are specifically not allowed as a condition of approval by the township board.

(8)

Improvements to site access or circulation such as, without limitation, inclusion of pedestrian or bicycle paths, curbing, acceleration, or deceleration lanes unless a revised permit would be required by the county road commission.

(9)

Reduction in size of any signage.

(10)

Relocation of signage in an area of up to 25 feet of the original placement.

(11)

Relocation of trash disposal areas.

(12)

Internal rearrangement of parking areas which does not reduce the number of spaces or alter access locations or reduce required landscaping.

(13)

An increase in the amount of landscaping, either in area or in size of landscaping materials.

(14)

A modification to conform to the provisions of a zoning ordinance amendment enacted subsequent to approval of the original PUD.

(d)

The developer must prepare and submit a site plan showing the minor changes approved by the PUD committee.

(e)

Should the PUD committee determine that the requested modification to the approved PUD is not minor, an amendment to the PUD shall be required, which shall follow all the provisions of this division for approval of the original PUD.

(Ord. No. 26, § 14.08, 9-13-1990; Ord. No. 2016(3), § 1, 5-12-2016)

It is the intent and purpose of this division to promote the underlying spirit and intent of this 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.

(Ord. No. 26, § 15.01, 9-13-1990)

Sand and gravel excavating, mining, and quarrying, including the processing of such excavated material, subject to the following conditions:

(1)

In addition to the requirements of section 40-136, the following additional information shall be submitted in connection with any site plan approval for any permitted use within the E-1 district:

a.

Vertical aerial photograph, enlarged to a scale to fit on a 24-inch by 36-inch blueprint. 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 photograph shall be provided from an aerial flight having occurred within six months, prior to the application filing date. The vertical photograph shall cover:

1.

All land anticipated to be mined in the application, together with adjoining land owned and/or controlled by the applicant.

2.

All contiguous land which is or has been used by the owner or leasehold applicant for mineral extraction and/or processing and/or storage, and all contiguous (land) in which the applicant or any affiliate has a current interest.

3.

All lands within 1,000 feet of the proposed mining area.

4.

All private and public roads from which access to the property may be immediately gained.

5.

The boundary of the entire planned mining area.

b.

Duration and phasing of proposed operation, exact type and the estimated number of cubic yards of materials to be removed, location and type of any processing plant, proposed method of removal, and any other relevant details with respect to the characteristics, phasing and progression of work on the site.

c.

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 1,000 feet of 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.

d.

Geological/hydrological/engineering survey prepared by appropriate and qualified experts, indicating:

1.

Level of water table throughout the proposed mining areas;

2.

Opinion as to each and every effect on the water table and private wells and property owners within the reasonably anticipated area of impact during and subsequent to the operation;

3.

All qualitative and quantitative aspects of surface water, groundwater, and watershed anticipated to be impacted during and subsequent to the operation to the geographical extent reasonably expected to be affected; and

4.

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 or levels proposed as part of the operation, and whether the exposure or impoundment will not interfere with the existing subterranean water or cause any harm or impairment to the general public.

e.

Description of the vehicles, machinery and equipment proposed for use on the property, specifying with respect to each, the anticipated noise and vibration levels.

f.

Reclamation plan demonstrating that the requirements set forth in subsection (7) of this section shall be met.

g.

If the land anticipated to be mined, together with adjoining land owned and/or controlled by the applicant, is situated within the resource protection overlay district, as set forth in section 40-892, all requirements of such section shall also apply.

h.

All other information required to satisfy the requirements of the township's mining control regulations in article IV of chapter 12, the environment chapter.

(2)

All active mining and extraction 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. The planning commission, in their sole discretion, may reduce the setback distance of active mining and extraction when there would be no demonstrated detriment to adjacent uses.

(3)

The hours of operation shall be limited to 6:00 a.m. to 7:00 p.m., extended to 8:00 p.m. during daylight savings time, and prohibited on Sundays and legal holidays (established by resolution of the township board). The term "operation" means the operation of mining machinery, the processing plant and/or any related trucking activities. The maximum duration of the use, if conducted in or immediately adjacent to a residential zoning district, shall be ten years. However, the planning commission may grant extensions in of increments up to five-year, based upon a finding that such an extension would pose no unreasonable burden on adjacent properties or the township as a whole.

(4)

The site shall be secured with fencing and screened from all adjacent public highways and residentially used parcels in a manner which meets the minimum requirements of the township's mining control regulations in article IV of chapter 12, the environment chapter.

(5)

The total area being mined, and which has not been reclaimed, shall at no time exceed the lesser of 75 acres or 40 percent of the entire parcel approved as a special use.

(6)

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 planning commission at the time of application for site plan approval, and thereafter.

(7)

Reclamation. Reclamation of the site shall be in accordance with a reclamation plan approved by the planning commission as part of the application review process. The reclamation plan shall demonstrate that final slopes have a grade that does not exceed one foot vertical to three 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 not exceed one foot vertical to seven feet horizontal. The reclamation plan shall also demonstrate that the entire site shall be planted with sufficient vegetation so as to sustain short-term 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, unless, following approval of the planning commission the structures, machinery, equipment and improvements are deemed consistent with the zoning district in which the site is situated. The planning commission shall have the right to impose performance bonds or letters of credit to ensure that the reclamation and restoration plans as submitted are implemented.

(Ord. No. 26, § 15.02, 9-13-1990; Ord. of 12-11-2008(1), § 1(1))

(Ord. No. 26, § 25.00, 9-13-1990; Ord. No. 2012(4), § 2, 7-12-2012; Ord. No. 2017(2), § 2, 11-9-2017)