The township is hereby divided into the following zoning districts as shown on the official zoning map, which together with all explanatory matter shown thereon, is hereby adopted by the reference and declared to be a part of this chapter:

(Comp. Ords. 1994, §§ 15.061, 15.062; Ord. No. 1, §§ 3.01, 3.02, 8-19-1974; Ord. No. 6, 7-10-1984)

(a)

The official zoning map shall be identified by the signature of township supervisor, attested by the township board, and bear the seal of the township under the following words: "This is to certify that this is the official zoning map referred to in the zoning chapter of the Sylvan Township Code," together with the effective date of the ordinance from which this chapter is derived.

(b)

Regardless of the existence of purported copies of the official zoning map, the official zoning map shall be the final authority as to the current zoning status of any land, parcel, lot, use, or structure in the township. The official zoning map shall be located in the office of the township board and shall be available for public inspection.

(Comp. Ords. 1994, § 15.063; Ord. No. 1, § 3.03, 8-19-1974; Ord. of 5-15-1980)

(a)

If, in accordance with the procedures of this chapter and of Public Act No. 110 of 2006 (MCL 125.3101 et seq.), a change is made in a zoning district boundary, such change shall be made by the township supervisor promptly after the chapter authorizing such change shall have been adopted and published, with an entry on the official zoning map as follows:

"On (date) by official action of the township board, the following (change) changes, were made in the Official Zoning Map: (brief description of change),"

which entry shall be signed by the township supervisor and attested by the township board. No change of any other nature shall be made unless authorized by the zoning board of appeals and then only by the township supervisor. No change of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedures set forth in this chapter. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this chapter and punishable as provided in sections 30-32 and 30-33. Any changes in corporate boundaries within the township shall be recorded on the official zoning map by the township supervisor.

(b)

A copy of zoning map changes; descriptions of rezoned lands is on file in the office of the township clerk.

(Comp. Ords. 1994, § 15.064; Ord. No. 1, § 3.04, 8-19-1974; Ord. of 5-15-1980)

(a)

If the township adopts or revises its master plan after an airport layout plan or airport approach plan has been filed with the township, the township must incorporate the airport layout plan or airport approach plan into the revised master plan that is adopted.

(b)

In addition to other applicable legal requirements, any amendment of this chapter must not be adopted until after reasonable consideration of both of the following:

(1)

The environs of any airport within a district.

(2)

Comments received at or before a public hearing regarding potential adoption of a proposed zoning chapter or amendment, or transmitted from the airport manager of any airport to the township regarding a hearing on the proposed zoning amendment.

(c)

A zoning chapter amendment must not increase any inconsistency that may exist between this chapter or structures or uses and any airport zoning regulations, airport layout plan, or airport approach plan filed with the township. This provision does not limit the right to petition for submission of a zoning chapter or amendment to the electors under Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

(Comp. Ords. 1994, § 98.000; Ord. of 7-13-2006, § 3)

(a)

In the event that the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number or changes made thereto, the township board may by ordinance adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions on the prior official zoning map, but no such correction shall have the effect of amending this chapter or the prior official zoning map. The new official zoning map shall be identified by the signature of the township supervisor, attested by the township board, and bear the seal of the township under the following words:

"This is to certify that this is the official zoning map referred to in the Zoning Chapter of the Sylvan Township Code adopted on (date) which replaces and supersedes the official zoning map which was adopted on (date)."

(b)

Unless the prior official zoning map has been lost, or has been totally destroyed, the prior map, or any significant parts thereof remaining, shall be preserved together with all available records pertaining to its adoption or amendment.

(Comp. Ords. 1994, § 15.066; Ord. No. 1, § 3.06, 8-19-1974)

Where uncertainty exists as to the boundaries of zoning districts as shown on the official zoning map, the following rules for interpretation shall apply:

(1)

A boundary indicated as approximately following the centerline of a highway, street, alley, or easement shall be construed as following such centerline.

(2)

A boundary indicated as approximately following a recorded lot line or the line bounding a parcel shall be construed as following such line.

(3)

A boundary indicated as approximately following the corporate boundary line of a city, village or township shall be construed as following such line.

(4)

A boundary indicated as following a railroad line shall be construed as being midway between the main tracks.

(5)

A boundary indicated as following a shoreline shall be construed as following such shoreline, and, in the event of change in a shoreline, shall be construed as following the actual shoreline existing at the time the interpretation is made.

(6)

A boundary indicated as following the centerline of a stream, river, canal, lake, or other body of water shall be construed as following such centerline.

(7)

A boundary indicated as parallel to or an extension of a feature indicated in subsections (1) through (6) of this section shall be so construed.

(8)

A distance not specifically indicated on the official zoning map shall be determined by the scale of the map.

(9)

Where a physical or cultural feature existing on the ground is at variance with that shown on the official zoning map, or in any other circumstance not covered by subsections (1) through (8) of this section, the board of appeals shall interpret the zoning district boundary.

(10)

Where a district boundary line divides a lot which is in single ownership at the time of adoption of this chapter, the board of appeals may permit the extension of the regulations for either portion of the lot to the nearest lot line, but not to exceed 50 feet beyond the district line into the remaining portion of the lot.

(Comp. Ords. 1994, § 15.067; Ord. No. 1, § 3.07, 8-19-1974; Ord. of 5-15-1980)

(a)

Use regulations.

(1)

Uses shall be permitted only if they are specifically listed herein, or are similar in nature to uses which are listed. Other uses shall not be permitted.

(2)

Accessory uses are permitted as listed in the various zoning districts or if similar to such listed uses, and only if such uses are clearly incidental and subordinate to the permitted principal uses or to permitted special uses.

(3)

Special uses shall be permitted as listed in each district, or if similar in nature to such listed uses, and if the requirements and procedures of article II, division 2, of this chapter are met.

(b)

Density and height regulations.

(1)

Lot area. The lot area used to satisfy the minimum lot area, lot coverage, and floor area ratio requirements shall not include the area in existing street rights-of-way.

(2)

Transition strip. Where such a strip is required, it shall not be included as part of the required yards, and shall not be included in the area used in calculating lot coverage or floor area ratio.

(3)

Yard exemptions.

a.

Notwithstanding yard regulations set forth in this chapter, the following plant materials and structures may be located anywhere on any lot: Window awnings, flag poles, hydrants; laundry-drying equipment, arbors, trellises, recreation equipment, outdoor cooking equipment; sidewalks, trees, plants, shrubs and hedges; and light poles. Anything to be constructed, placed, planted or allowed to grow, shall conform to the provisions of section 30-791.

b.

Notwithstanding yard regulations set forth in this chapter, mechanical equipment on residential properties such as ground-mounted air conditioners, full house generators, and similar machines may project up to five feet into a required yard setback as long as the equipment is not closer than five feet from a property line and all other regulations are met.

(4)

Height exemptions. The height requirements established herein shall apply uniformly in each zoning district to every building and structure, except the following structures and appurtenances shall be exempt from the height requirements of this chapter: spires, belfries, penthouses and domes not used for human occupancy; chimneys, ventilators; skylights; water tanks, bulkheads, public utility transmission and distribution lines and related structures; radio and television broadcasting and receiving antennas; silos; parapets; and other necessary mechanical appurtenances; provided their location shall conform where applicable to the requirements of the township, the Federal Communications Commission, the Civil Aeronautics Administration and other public authorities having jurisdiction.

(5)

Accessory buildings. Detached accessory buildings shall conform to all yard requirements of the district in which it is located. An attached accessory building shall not be more than one (story of 15 feet in height. An accessory building which is a structural part of the principal building shall conform to all yard requirements of the district in which it is located.

(6)

Yard measurements. Required yards shall be measured on a line that is perpendicular to a lot line to the face of a building or structure if the roof overhang or other projections is three feet or less, or to the outer edge of the roof or other projection if the overhang or other projection is more than three feet from the face of the building or structure. Required yards shall be measured in the preceding manner from the high water line of a body of water or a stormwater retention or detention basin or a wetland boundary, provided no part of a principal building or structure may be less than 25 feet from such high water line or wetland boundary.

(7)

Configuration of lots.

a.

Lots fronting on a straight line section of a road. The side lot lines shall be generally perpendicular to the road right-of-way or easement line. This requirement may not apply to a lot of record that existed on the date of the adoption of the ordinance from which this chapter is derived that fronts onto a road that is not generally parallel to a section line, where exemption from this requirement is necessary to accommodate record lot lines that are generally parallel to section lines.

b.

Lots fronting on a curved section of a road. The side lot lines shall be generally radial to the road right-of-way or easement line. Lots with converging side lot lines shall be permitted only on the interior side of a curved section of a road. Diverging side lot lines shall be permitted only on the exterior side of a curved section of a road or on a turning circle of a cul-de-sac road.

c.

Lots with converging side lot lines. The side lot lines shall not meet at a point; a rear lot line at least ten feet long shall be provided.

d.

Lots with diverging side lot lines. Lots shall have a minimum frontage at the road right-of-way or easement line that is 80 percent of the minimum lot width required in the applicable zoning district, except in the case of lots on a turning circle of a cul-de-sac road, in which case the minimum frontage shall be 66 feet for lots one acre or larger or 20 feet for lots less than one acre in area.

(8)

Measurement of lot width.

a.

Lots fronting on a straight section of a road. The minimum required width shall be measured at the front setback, which shall be a straight line that is parallel to the front property line and between both side lot lines. No part of the lot shall be less than the minimum required width, as measured on any line that is parallel to the front property line and between the side lot lines.

b.

Lots fronting on curved sections of a road or curved front property line. The minimum required width shall be measured on a straight line that connects the points at which the building line or front setback line if no building existing intersects the side lot lines. In the case of a lot with diverging side lot lines, the building line shall be moved farther from the road right-of-way or easement line than the required front yard the distance necessary to obtain the minimum required width.

c.

Lots without street frontage. The minimum required width shall be measured at the front setback line, which shall be a straight line that is parallel to the front property line between both side lot lines. No part of the lot shall be less than the minimum required width, as measured on any line that is parallel to the front property line and between the side lot lines.

(9)

Contiguous lots. Existing lots of record that are separated by a right-of-way but are in the same ownership shall be considered contiguous and as an individual, single zoning lot for the purposes of this chapter.

(10)

Building envelope. The building envelope of a lot shall be contiguous. The envelope shall not be separated by an easement or right-of-way for a road or by a wetland. No part of a building envelope may encroach into an easement.

(11)

Drainage basins. A stormwater retention or detention basin including a first flush or sedimentation basin or forebay that receives stormwater from more than one lot shall be located in an area in common ownership and shall not be part of a lot.

(c)

Determining minimum distance for side lot lines. The required minimum straight line distance between the side lot lines where they intersect the street lines shall be determined as follows:

(1)

For all lots not located on a turning circle of a cul-de-sac street, said distance shall not be less than 80 percent of the required lot width.

(2)

For lots located on a turning circle of a cul-de-sac street, said distance shall be at least 20 feet.

(d)

Scope of regulations.

(1)

Except as otherwise may be provided in article II, division 4 of this chapter, every building or structure erected, every use of any lot, building, or structure established, every structural alteration or relocation of an existing building or structure occurring, and every enlargement of or addition to an existing use, building, or structure occurring after the effective date of the ordinance from which this chapter is derived shall comply with all regulations applicable in the zoning district in which located.

(2)

No part of a yard or other open space, or an off-street parking or loading space required or connected with any use, building, or structure for the purpose of complying with this chapter, shall be included in the yard, open space, off-street parking or loading space similarly required for any other use, building or structure.

(3)

No yard or lot existing on the effective date of the ordinance from which this chapter is derived shall be reduced in dimensions or area below the minimum requirement set forth herein. Yards or lots created after the effective date of the ordinance from which this chapter is derived shall meet the minimum requirements established herein. No off-street parking or loading areas shall be reduced below the required size or number of spaces.

(4)

Nonconforming lots of record may be utilized as set forth in section 30-839. Nonconforming structures may be expanded as set forth in section 30-845. Single-family residential nonconformities shall meet the regulations of section 30-841(d)(2).

(Comp. Ords. 1994, §§ 15.068, 45.006; Ord. No. 1, § 3.08, 8-19-1974; Ord. No. 1, § 3.08, 3-10-1981; Ord. of 9-1-1990; Ord. of 6-2-1992; Ord. No. 27, 5-4-1993; Ord. No. 32, § 6, 3-7-1995; Ord. of 1-2-2001; Ord. No. 24-02, § 1, 6-12-2024; Ord. No. 24-03, § 1, 6-12-2024; Ord. No. 24-04, § 1, 8-13-2024)

Not more than one principal detached single-family dwelling shall be located on a lot, nor shall a principal detached single-family dwelling unit be located on the same lot with any other principal building or structure.

(Comp. Ords. 1994, § 15.069; Ord. No. 1, § 3.09, 8-19-1974; Ord. of 5-15-1980)

No accessory building shall be used prior to the principal building or uses except as a construction facility for the principal building. An accessory building attached to the principal building of a lot shall be made a structural part thereof and shall comply with the provisions of this chapter.

(Comp. Ords. 1994, § 15.070; Ord. No. 1, § 3.10, 8-19-1974)

(a)

Permitted temporary dwelling. A mobile home may be used as a temporary dwelling by a family while repairing or replacing a single-family residence which is damaged by a disaster such as fire, flood, windstorm, or tornado to the extent that it is uninhabitable. Such temporary dwellings shall be permitted only upon a conforming lot in a residential zoning district. No camper, travel trailer, recreation vehicle, motor home, cabin, tent, basement, or garage shall be used as a temporary dwelling in any zoning district.

(b)

Required approvals. A temporary dwelling shall not be occupied until a certificate of occupancy has been issued by the building inspector. The building inspector shall not issue a certificate of occupancy until a certificate of zoning compliance has been obtained from the zoning inspector, the township board has approved the temporary dwelling permit, and the performance guarantee has been deposited as required herein.

(c)

Application. An application for a permit to use, erect, or move a temporary dwelling onto a lot shall be filed with the township board. The application shall include the following information:

(1)

Name and address of the applicant and property owner.

(2)

Legal description of the lot on which the temporary dwelling is to be located.

(3)

A sketch plan showing the location and dimensions of the temporary dwelling and of the location of the well, septic tank, and drain field. The plan shall be drawn to scale and shall show lot line dimensions and bearings consistent with the legal description.

(4)

Copies of all permits and certificates required in section 30-185(e).

(5)

The written statement of the owner of the lot agreeing to the entry of a consent judgment as specified hereafter.

(d)

Township board action. If the application, lot and temporary dwelling conforms to all regulations of this chapter, the township board shall approve the temporary dwelling permit. The board may attach conditions to the approval which it deems necessary to protect the public health, safety, and welfare, and to ensure compliance with this chapter. The township board permit shall be ratified by the entry of a final consent judgment in a court of appropriate jurisdiction approving the permit, the zoning regulations, and the conditions established by the board, and impose a judicial lien on the land for the township's costs and expenses, including attorney fees and court costs, in enforcement of the permit, the chapter, civil infraction penalties, and the judgment. Immediately with the issuance of the permit, a complaint shall be filed in the court by the township, and the owner shall agree to and approve the entry of the judgment in the form approved by the township attorney.

(e)

Regulations.

(1)

A temporary dwelling shall comply with all yard, area and lot dimension requirements of the zoning district in which it is located. A certificate of zoning compliance shall be obtained from the zoning inspector.

(2)

A temporary dwelling shall be connected to a well and septic tank, and the applicant shall obtain a permit from the county health department.

(3)

A temporary dwelling shall be permitted only on the same lot as the principal dwelling to be repaired or constructed. The term of the permit shall not exceed one year, provided that, at the discretion of the township board, the period may be extended for one additional period not to exceed six months. Extension shall only be permitted upon written application filed 20 days or more prior to such expiration, setting forth facts showing due diligence in construction of the dwelling.

(4)

A performance guarantee in the form of cash or an irrevocable bank letter of credit shall be deposited with the township treasurer in the amount estimated by the township board to be sufficient to ensure removal of the temporary dwelling. The guarantee shall provide that in breach thereof, the township shall be entitled to enter upon the site and complete such removal and defray the costs thereof out of said deposit.

(5)

A temporary dwelling shall be removed within 14 days after the date of issuance of a certificate of occupancy for the permanent structure or of the date of expiration of the temporary dwelling permit, whichever occurs first. Each day thereafter that the temporary dwelling remains upon the real estate shall be a violation of the chapter and shall subject the owner to a civil infraction penalty for violation of the chapter, as provided herein.

(6)

A temporary dwelling permit and the certificate of occupancy issued thereon shall not be transferable to any other person, use, structure or lot.

(Comp. Ords. 1994, §§ 15.071, 75.000; Ord. No. 1, § 3.11, 8-19-1974; Ord. of 5-15-1980; Ord. No. 61, § 1, 9-1-2000)

It is the intent of this chapter to place essential services and property owned, leased or operated by public agencies, including local, state, federal or any other public or governmental body or agency, under the provisions of this chapter, as follows:

(1)

Where such uses are specifically listed they shall be governed as indicated.

(2)

Where such uses are not specifically listed they shall be permitted only in districts permitting private uses of a similar nature.

(3)

Property owned, leased, or operated by the state or the United States shall be exempted from the provisions of this chapter only to the extent that said property may not be constitutionally regulated by the township.

(Comp. Ords. 1994, § 15.072; Ord. No. 1, § 3.12, 8-19-1974)

No single-family dwelling or any dwelling unit in a two-family structure shall hereafter be erected or altered which shall have a total floor area of less than 1,000 square feet for dwelling units with two or less bedrooms, plus 200 square feet for each additional bedroom. No multiple-family structure shall hereafter be erected or altered unless each dwelling unit therein shall contain at least 500 square feet where no bedrooms are provided; 600 square feet with one bedroom; 800 square feet with two bedrooms; and 200 square feet for each bedroom in excess of two.

(Comp. Ords. 1994, § 15.073; Ord. No. 1, § 3.13, 8-19-1974)

(a)

Purpose. This section is designed to establish regulations under which mobile homes may be used as single-family dwellings on lots outside of mobile home parks. It is hereby recognized that other forms of manufactured housing, commonly referred to as "prefabricated," "modular," or "sectional" housing, among other names, are and have been permitted in the township, on individual lots, in any zoning district in which single-family dwellings are permitted, provided such units comply with the state construction code and zoning requirements. This section intends to treat mobile homes in a similar fashion, while recognizing the unique features of their construction. The regulations contained in this section are specifically designed to:

(1)

Ensure compliance of mobile homes on individual lots with all zoning regulations applicable to all other single-family dwellings permitted in the township.

(2)

Ensure compliance with the state construction code and all township codes, in addition to this chapter, for the protection of the public health, safety, and welfare.

(3)

Ensure aesthetic compatibility with other single-family dwellings in the community.

(b)

Standards and requirements. A mobile home may be used as a single-family dwelling on a lot outside a mobile home park, if the following standards and requirements are met. These standards and requirements shall not apply to a mobile home located in a licensed mobile home park.

(1)

The lot shall be located in a zoning district which permits single-family dwellings.

(2)

The lot and the mobile home shall comply with all regulations of the zoning district in which located.

(3)

The mobile home shall meet all requirements for residential mobile units, as provided in the state construction code.

(4)

The mobile home shall be placed on and anchored to a permanent foundation wall. The wall shall meet all requirements of the state construction code and shall completely enclose the area under the mobile home. The area so enclosed shall not be less than the ground floor area of the mobile home. The method of anchoring the mobile home to the foundation wall shall meet all state requirements.

(5)

The wheels, tongue and hitch, or other towing appurtenances, shall be removed before attaching the mobile home to the foundation wall.

(6)

The mobile home shall be connected to public water and sanitary sewer lines, where available, according to township standards and specifications, or to a well and septic tank, on the same lot as the mobile home, approved by the county health department.

(7)

The mobile home shall be aesthetically compatible in design and appearance with conventional on-site constructed housing, and other types of approved manufactured housing. Compatibility shall be determined by the following standards:

a.

Exterior walls shall be finished with natural or simulated natural materials common to single-family dwellings such as, but not limited to, beveled siding, vertical siding, board and batten siding, or brick.

b.

Front and rear or front and side exterior doors.

c.

A roof drainage system which will collect and discharge of roof drainage, and will avoid roof drainage along the sides of the dwellings.

(8)

A building permit shall be required for construction of the foundation wall, for placement of the mobile home on the lot, and for any addition to the mobile home. A building permit shall not be issued until a health permit has been issued by the county health department, where applicable, and until a certificate of zoning compliance has been issued in accordance with article II, division 1 of this chapter and is in effect. The mobile home shall not be occupied until a certificate of occupancy has been issued as provided in article II, division 1 of this chapter, and is in effect. Any addition to a mobile home shall meet all requirements of the state construction code.

(9)

The mobile home, prior to any additions, shall have a minimum floor area of 1,000 square feet, a minimum exterior width of 24 feet for at least one side elevation, and a minimum floor-to-ceiling height of 7.5 feet.

(10)

Not more than one mobile home shall be used as a single-family dwelling on a lot, nor shall a mobile home be placed on any lot on which another single-family dwelling is located. A mobile home shall not be used as an accessory building in any residential district.

(11)

A mobile home shall not be removed from a foundation until a permit therefor has been issued in accordance with the state construction code.

(Comp. Ords. 1994, § 15.074; Ord. No. 1, § 3.14, 8-19-1974; Ord. of 5-15-1980; Ord. of 8-4-1981)

State Law reference— Mobile home standards to be reasonable, MCL 125.2307.

(a)

Nothing in this article shall require a change in plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of the ordinance from which this article is derived.

(b)

Actual construction is hereby defined to include the placing of construction materials in a permanent position and fastening them in a permanent manner. Where excavation, demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that the work shall be carried on diligently. In the case of such excavation, demolition or removal, however, this provision shall expire and be of no effect 365 days following the effective date of the ordinance from which this chapter is derived, unless a permit for the actual construction of a new building has been issued by the building inspector.

(c)

Where a building permit has been issued in accordance with the law, within 365 days of such effective date and diligently pursued to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit was issued, and further, may, upon completion, be occupied by the use for which it was originally designed, subject thereafter to the provisions of article X of this chapter, if applicable.

(d)

Any basement, cellar, garage, or any incomplete structure without a certificate of occupancy, in use as a dwelling on the effective date of the ordinance from which this article is derived, shall not be used as a dwelling for more than 12 months following said date, unless said structure has been completed in conformance with the regulations of the district in which located.

(Comp. Ords. 1994, § 15.075; Ord. No. 1, § 3.15, 8-19-1974; Ord. of 5-15-1980)

Any use lawfully existing on the effective date of the ordinance from which this article is derived and which is permitted as a special use in a district under the terms of this article shall be deemed a conforming use. Such use shall, without further action, application, or review, be considered a conforming use, but only to the extent that such use actually occupies the lot, building and/or structure on the effective date of the ordinance from which this article is derived. Expansion of such use or change to another special use after the effective date of the ordinance from which this article is derived shall require a special use permit as provided in article IV of this chapter.

(Comp. Ords. 1994, § 15.076; Ord. No. 1, § 3.16, 8-19-1974; Ord. of 5-15-1980)

State Law reference— Special land uses, MCL 125.3502 et seq.

The value to the public of certain open areas of the township is represented in their natural, undeveloped or unbuilt condition. It is recognized by this division that the principal use of certain open areas is and ought to be the development, management and utilization of the natural resource base possessed by these areas. In order that this value may be maintained and this use encouraged, this division has established, based upon a well considered plan, a zoning district designed to regulate the location of buildings and structures and the use of parcels and lots in order to protect and enhance the natural resources, natural amenities, natural habitats of wildlife, watershed and reservoir areas, agricultural capabilities, public recreation areas, and the public health, safety and welfare by reducing the hardship and financial burdens imposed upon the township by the wanton destruction of resources, the improper and wasteful use of open land, wooded areas and the periodic flooding and overflow of creeks and streams.

(Comp. Ords. 1994, § 15.151; Ord. No. 1, § 10.01, 8-19-1974)

The following buildings and structures, and uses of parcels, lots, buildings and structures are permitted in this district:

(1)

Public or private forest preserve, game refuge, golf course, park, playground, or other recreation purpose.

(2)

Public and private conservation area and structure for the development, protection and conservation of open space, watersheds, water, soil, forests, and wildlife resources.

(3)

A lot may be used for general and specialized farming and agricultural activities, including the raising or growing of crops, livestock, poultry and other farm animals, products and foodstuffs, and provided that any lot that is kept as idle cropland shall be so treated as to prevent soil erosion by wind or water and so treated as to prevent excessive growth of obnoxious weeds and shrubs, and provided that any lot kept as noncropland shall be so treated as to prevent soil erosion by wind and water.

(4)

The raising or growing of plants, trees, shrubs, and nursery stock.

(5)

The growing, stripping and removal therefrom of sod, provided that said lot or portion thereof shall be reseeded after stripping by fall of the year in which it was stripped as to reduce the actual or potential erosion of soil by water or wind.

(6)

A sign, only in accordance with the regulations specified in article VII of this chapter.

(7)

Distribution lines and structures, not including buildings of essential services, when located within an existing public or utility right-of-way, and repeater buildings of a telephone utility company when located as a principal use of an individual lot and when conforming to all regulations and performance standards of this district.

(Comp. Ords. 1994, § 15.152; Ord. No. 1, § 10.02, 8-19-1974)

The following buildings and structures, and uses of parcels, lots, and buildings and structures are permitted in this district subject to obtaining a special use permit as provided in article II, division 2 and article IX of this chapter, where applicable:

(1)

Single-family dwelling.

(2)

Public and private camping ground.

(3)

The removal of soil, sand, gravel and other materials. See section 30-797.

(4)

Transmission lines and structures, not including buildings, of essential services, where located in rights-of-way not a part of a public or utility rights-of-way existing at the time of the effective date of the ordinance from which this article is derived.

(5)

Country club house, swimming pool, bathhouse and the sale of food, beverages and recreation equipment which is incidental and accessory to a recreation use.

(6)

Essential services, except as provided for elsewhere in this district, provided:

a.

That no storage of materials, equipment, vehicles, or supplies shall be located on the premises;

b.

That no personnel shall be quartered or employed on the premises; and

c.

That the structure shall be designed, erected, and landscaped in such manner as to conform to the character of the surrounding area and this district.

(7)

A riding academy or stable, a kennel, or the raising or keeping of fur-bearing animals, horses, ponies and other animals, whether for profit or pleasure.

(8)

All buildings and structures accessory and incidental to permitted uses in this district.

(9)

Bed and breakfast operations, subject to the regulations in section 30-806.

(10)

Wireless communication facilities, subject to section 30-804.

(Comp. Ords. 1994, §§ 15.153, 68.001; Ord. No. 1, § 10.03, 8-19-1974; Ord. of 5-15-1980; Ord. No. 54, § 1, 6-18-1999; Ord. of 12-2-2003)

The following regulations shall apply in all RC-Recreation Conservation Districts.

(1)

Lot area. No building or structure shall be established on any lot less than ten acres in area.

(2)

Lot width. The minimum lot width shall be 300 feet.

(3)

Lot coverage. The maximum lot coverage shall not exceed ten percent.

(4)

Floor area ratio. The maximum floor area shall not exceed ten percent of the lot area.

(5)

Yard and setback requirements.

a.

Front yard: Not less than 60 feet.

b.

Side yard: Least width of either yard shall not be less than 30 feet, except in the case of a corner lot. Corner lots fronting upon public or private streets or roads shall have two front yards and two side yards.

c.

Rear yard: Not less than 50 feet.

The above requirements shall apply to every lot, building or structure within this district and all measurements shall conform to sections 30-5 and 30-182.

(6)

Height requirements. Except as otherwise provided in section 30-182(b)(4), the following height requirements shall apply in this district: For all buildings and structures: No building or structure shall exceed three stories or 40 feet.

(7)

Required off-street parking. As required in article V of this chapter.

(8)

Performance standards. As required in article VIII of this chapter.

(9)

Preservation of environmental quality. As specified in section 30-794.

(Comp. Ords. 1994, § 15.154; Ord. No. 1, § 10.04, 8-19-1974; Ord. of 5-15-1980; Ord. of 9-1-1990)

(a)

The MU-1 Municipal Use District is designed to permit a use district within the township for lands, structures and uses of municipal corporations so that this chapter shall not limit or interfere with the dedication, development of use of any land or building for public parks, public playgrounds, public schools required for compulsory education, or the use of lands or buildings owned by the township and used for governmental purposes, or with the construction, installation, operation and maintenance of water, electricity, sewer, communication, gas, or other utility service when owned by the township.

(b)

The intent of this district is that such public parks, playgrounds, schools, and township utilities may be constructed without limitation except as set forth in this division, including all pipes, mains, stand pipes, reservoirs, elevated water tanks, conduits, electric light, electric power transmission, distribution lines, telephone, communication, sewers, sewer mains, storm sewers, drainage, and incidental appurtenances.

(c)

This district is not intended to supersede or override any federal, state, or local township chapter, regulation pertaining to construction, health, safety, welfare, environmental, building code, or similar regulation.

(Comp. Ords. 1994, § 63.000(intro.); Ord. No. 50, 9-2-1998)

The following buildings and structures, and uses of parcels, lots, buildings and structures are permitted in this district:

(1)

Public parks, public playgrounds, or public schools required for compulsory education.

(2)

Land or buildings owned by the township and used for governmental purposes.

(3)

Municipal utility structures, lands, or uses, as defined in section 30-253, and used and owned by the township.

(4)

Wireless communication facilities, subject to section 30-804.

(Comp. Ords. 1994, §§ 63.000(A), 68.001; Ord. No. 50, 9-2-1998; Ord. No. 54, § 1, 6-18-1999; Ord. of 12-6-2005)

Utility structures not used and owned by the township are allowed as accessory uses to a permitted use, building or structure.

(Comp. Ords. 1994, § 63.000(B); Ord. No. 50, 9-2-1998)

The following regulations shall apply in all MU-1 Municipal Use Districts:

(1)

Lot area and width. No minimum lot area or lot width is established in this district, but every lot established hereafter shall be of sufficient size to meet the minimum requirements established by any applicable federal, state or local township chapter, statute, law, or regulation, if any.

(2)

Minimum required yard.

a.

Front yard: 50 feet.

b.

Side yards: 20 feet.

c.

Rear yard: 50 feet.

(3)

Buildings, structures, and uses. Buildings, structures, and uses permitted in this district shall be exempt from all supplementary regulations of this article except as specifically provided in this district.

(4)

Height. Buildings shall not exceed a height of three stories or 40 feet.

(5)

Site plan review and parking/loading regulations. There shall be site plan review and compliance with parking/loading regulations for buildings and site improvements in this district as provided in this article. There shall be no site plan review or required compliance with any parking/loading regulations for any municipal utility structure and site improvements which are accessory to a municipal utility structure.

(6)

Yards. Yards may be used for the installation of underground and aboveground pipes, lines, conduits, sewers, water lines, mains, poles, and utility structures generally.

(Comp. Ords. 1994, §§ 63.001, 68.001; Ord. No. 50, 9-2-1998)

(a)

The AG-Agriculture District is composed of those areas of the township whose principal use is and ought to be farming. The regulations of this district are designed:

(1)

To conserve, stabilize, enhance and develop farming and related resource utilization activities;

(2)

To minimize conflicting uses of parcels, lots, buildings and structures detrimental to or incompatible with these activities; and

(3)

To prohibit uses of parcels, lots, buildings and structures which require streets, drainage and other public facilities and services of a different type and quantity than those normally required by these activities.

(b)

The district, in preserving areas for agricultural uses, is also designed to prevent proliferation of residential subdivision and urban sprawl.

(Comp. Ords. 1994, § 15.181; Ord. No. 1, § 11.01, 8-19-1974)

The following buildings and structures, and uses, of parcels, lots, buildings and structures are permitted in this district:

(1)

A single-family dwelling.

(2)

A parcel may be used for general and specialized farming and agricultural activities including the raising or growing of crops, livestock, poultry, bees and other farm animals, products and foodstuffs, and any building or structure may be located thereon and used for the day-to-day operation of such activities, for the quartering, storage or preservation of said crops, livestock, poultry, bees, animals, products and foodstuffs until consumed on the premises or until moved to a place of collection, distribution or processing, and for the incidental sale of the crops, products and foodstuffs raised or grown on said lot or in said building or structure, provided that any lot that is kept as idle cropland shall be so treated as to prevent soil erosion by wind or water and so treated as to prevent excessive growth of obnoxious weeds and shrubs, and provided that any lot kept as noncropland shall be so treated as to prevent soil erosion by wind and water.

(3)

A parcel may be used, and a building or structure located thereon for the raising or keeping of fur-bearing animals, horses, ponies and other animals whether for profit or pleasure.

(4)

A parcel may be used for the raising or growing of plants, trees, shrubs and nursery stock, and any building or structure may be located thereon and used for such raising or growing and for the storage of equipment and materials necessary for such raising or growing.

(5)

Roadside stand, provided it is incidental to a permitted use and provided the nursery stock or other agricultural products sold at the stand are raised on the premises where situated.

(6)

Off-street parking as required in article V of this chapter.

(7)

Public and private recreation acres, such as:

a.

Forest preserve;

b.

Game refuge;

c.

Recreation park and reservations; and

d.

Similar public and private use of low intensity use.

(8)

Public and private conservation area and structure for the development, protection and conservation of open space, watersheds, water, soil, forest, and wildlife resources.

(9)

A parcel may be used for the growing, stripping and removal therefrom of sod, provided that said lot or portion thereof shall be reseeded after stripping by fall of the year in which it was stripped so as to prevent actual or potential erosion by water or wind.

(10)

Lines and structures of essential services as set forth in section 30-220.

(11)

A sign, only in accordance with the regulations specified in article VII of this chapter.

(12)

An accessory use, building or structure.

(13)

Regardless of any other provisions herein, a dwelling unit not located on a farm may raise or keep, only as an accessory use, and only for the use of the occupant of the premises, and not for any purpose of remuneration, poultry, rabbits, and fowl and small animals, and livestock; provided that the minimum lot area for the raising and keeping of poultry, rabbits, and similar fowl and small animals shall be two acres; and provided further that the minimum lot area for the raising and keeping of livestock shall be between two acres for the first two livestock animals and 20,000 square feet of additional lot area for each additional one livestock animal. All fowl and animals shall be properly housed, fenced, and cared for so as not to become a public nuisance.

(Comp. Ords. 1994, § 15.182; Ord. No. 1, § 11.02, 8-19-1974; Ord. of 3-10-1981)

The following buildings and structures, and uses of parcels, lots, buildings, and structures are permitted in this district subject to obtaining a special use permit as provided in article II, division 2, and article IX of this chapter, where applicable:

(1)

The removal of soil, sand, gravel, and other materials. See section 30-797.

(2)

Public and private park camping ground, golf course, golf driving range, clubs, hunting lodge, garden, nurseries, greenhouses, and livestock auction yards.

(3)

Community and governmental buildings.

(4)

Airport.

(5)

Sanitary landfill site.

(6)

Public and private nursery, primary and secondary schools, business school, and college and university.

(7)

Hospital, nursing home, sanitarium.

(8)

A church, synagogue, cathedral, mosque, temple or other building used for public worship, or a cemetery.

(9)

Veterinarian, animal clinic and kennels.

(10)

Essential services, as provided for in section 30-221(4) and (6).

(11)

A radio and television broadcasting and receiving antenna.

(12)

A building may be used for the temporary housing of seasonal agricultural workers, provided the farm where located is at least 160 acres.

(13)

Home occupations.

(14)

Funeral establishments, and mortuaries.

(15)

Bed and breakfast operations, subject to the regulations in section 30-806.

(16)

Wireless communication facilities, subject to section 30-804, except such facilities shall not be permitted on any parcel of land that is located in an area that is designated in the township's adopted general development plan for urban residential use.

(17)

Bulk sales of fertilizer, feed, and crop protection products for use in farming operations only. This special use is only permitted in those portions of the present AG-agricultural district, which are designated as "agriculture" on Map 10, of the Sylvan Township comprehensive plan adopted October 23, 2008. Equipment sales, services, and repair are not permitted.

(18)

Agricultural commercial/tourism businesses, subject to the regulations in section 30-808.

(Comp. Ords. 1994, §§ 15.183, 68.001; Ord. No. 1, § 11.03, 8-19-1974; Ord. of 5-15-1980; Ord. No. 54, § 1, 6-18-1999; Ord. of 8-3-1999; Ord. of 12-2-2003; Ord. of 7-5-2011, § 2; Ord. of 8-12-2014)

The following regulations shall apply in all AG-Agriculture Districts:

(1)

Lot area. No building or structure shall be established on any lot less than two acres in area.

(2)

Lot width. The minimum lot width shall be 200 feet.

(3)

Lot coverage. The maximum lot coverage shall not exceed ten percent.

(4)

Floor area ratio. The maximum floor area shall not exceed ten percent of the lot area.

(5)

Yard and setback requirements.

a.

Front yard: Not less than 50 feet.

b.

Side yard: Least width of either yard shall not be less than 30 feet; except in the case of a corner lot. Corner lots fronting upon public or private streets or roads shall have two front yards and two side yards.

c.

Rear yard: Not less than 50 feet.

The above requirements shall apply to every lot, building or structure within this district and all measurements shall conform to sections 30-5 and 30-182.

(6)

Height requirement. Except as otherwise provided in section 30-182(b)(4), the following height requirements shall apply in this district:

a.

For dwelling and nonfarm buildings and structures: No dwelling or nonfarm building or structure shall exceed a height of three stories or 40 feet.

b.

For general and specialized farm buildings and structures: No general and specialized farm buildings and structures shall exceed a height of 75 feet.

(7)

Required off-street parking. As required in article V of this chapter.

(8)

Performance standards. As required in article VIII of this chapter.

(9)

Preservation of environmental quality. As specified in section 30-794.

(Comp. Ords. 1994, § 15.184; Ord. No. 1, § 11.04, 8-19-1974; Ord. of 5-15-1980; Ord. of 9-1-1990)

A parcel of land may be developed for single-family detached dwelling units under the open space preservation development option (OSPDO) as provided in section 30-805.

(Comp. Ords. 1994, § 86.000; Ord. of 3-1-2003, § 3)

(a)

The P-5 Private Sites Dedicated to Common Use District is established for all private riparian sites which are dedicated to common use. Private riparian sites are lands:

(1)

Held in common by a subdivision, association or any similar agency; or

(2)

Held in common by virtue of the terms of a plat of record;

(3)

Provided for common use under deed restrictions of record for riparian access or riparian use of a body of water.

(b)

The intent of this section is, in support of the general intent of this article, to provide for necessary lands and uses required by the needs of township residents and visitors.

(Comp. Ords. 1994, § 15.191; Ord. No. 1, § 11.01, 8-19-1974; Ord. No. 6, 7-10-1984)

All lands in a P-5 district shall be maintained and used for common purposes, such as:

(1)

Recreational sites, including bathing beaches, playgrounds, boat launching sites, and other recreational areas, adjoining a body of water.

(2)

Scenic sites adjoining a body of water.

(3)

Trails, bicycle paths, walkways, and access routes which adjoin a body of water.

(Comp. Ords. 1994, § 15.191; Ord. No. 1, § 11.01, 8-19-1974; Ord. No. 6, 7-10-1984)

All structures, facilities, and uses customarily incidental to the permitted principal uses are permitted in the P-5 district.

(Comp. Ords. 1994, § 15.191; Ord. No. 1, § 11.01, 8-19-1974; Ord. No. 6, 7-10-1984)

P-5 sites dedicated to common use shall conform in all respects to the area and bulk requirements of the adjacent districts which they are intended to serve.

(Comp. Ords. 1994, § 15.191; Ord. No. 1, § 11.01, 8-19-1974; Ord. No. 6, 7-10-1984)

The following provisions regarding use and riparian access in the P-5 districts shall apply:

(1)

Limitation of uses. The specific uses assigned for common utilization under the terms of subsection (2) of this section are to be limited to areas zoned P-5, Private Sites Dedicated To Common Use. No residential, agricultural or commercial zoned lot can be used for these common purposes.

(2)

Riparian access for non-riparian lots. If a riparian lot or parcel is zoned P-5, giving access for common uses by non-riparian lots or parcels, the following conditions shall apply:

a.

The deed to such lot or parcel shall specify the non-riparian lots or parcels which shall have rights to its use.

b.

Such riparian lot or parcel shall have a minimum frontage of 150 feet, a minimum area of 30,000 square feet, and its design shall be subject to site plan review. Frontage shall be measured by a straight line which intersects each side lot line at the water's edge.

c.

Not less than 30 feet of riparian frontage shall be provided for each non-riparian lot or parcel so served.

d.

A non-riparian lot or parcel which is occupied by more than one dwelling unit (duplex or multiple residence) shall require the provision of 30 feet of riparian frontage for each dwelling unit occupying said lot or parcels.

e.

Not more than one boat mooring for each dwelling unit served may be placed upon the riparian lot.

f.

The non-riparian lot which is served by the riparian lot shall conform to the regulations of its zoning district.

g.

If six or more households or dwelling units have the beneficial use of a riparian lot or parcel, such households or dwelling units shall be improved with a bath and lavatory facility and served by a central water and sewer system or a well and septic system in accordance with the regulations of the county health department.

(Comp. Ords. 1994, § 15.191; Ord. No. 1, § 11.01, 8-19-1974; Ord. No. 6, 7-10-1984)

The LR-Low Density Residential District is composed of those areas of the township whose principal use is and ought to be single-family dwellings on medium-sized lots. The regulations of this district are designed to preserve a predominantly rural character in those areas fit for concentrated residential use because of the soil's ability to absorb sewage wastes from individual septic tanks. In addition to the dwellings permitted in this zoning district, there are permitted certain residential and public uses which have been strictly regulated to make them compatible with the principal use of this district.

(Comp. Ords. 1994, § 15.251; Ord. No. 1, § 20.01, 8-19-1974)

The following buildings and structures, and uses of parcels, lots, buildings and structures are permitted in this district:

(1)

A single-family dwelling and any use, building or structure accessory thereto.

(2)

A sign, only in accordance with the regulations specified in article VII of this chapter.

(Comp. Ords. 1994, §§ 15.252, 86.000; Ord. No. 1, § 20.02, 8-19-1974; Ord. of 5-15-1980; Ord. of 3-10-1981; Ord. of 3-1-2003, § 4)

The following buildings and structures, and uses of parcels, lots, buildings and structures are permitted subject to obtaining a special use permit as provided in article IV of this chapter:

(1)

Golf course, but not including golf driving range.

(2)

Country club, public swimming pool, and recreation club; public and private park and playground.

(3)

Church and public building.

(4)

Public and private nursery; primary and secondary school.

(5)

Public utility structure.

(6)

Home occupations.

(Comp. Ords. 1994, § 15.253; Ord. No. 1, § 20.03, 8-19-1974)

The following regulations shall apply in all LR-Low Density Residential Districts:

(1)

Lot area. The minimum lot area in this district shall be one acre for single-family dwellings and accessory structures thereto. The minimum lot area for all other buildings and structures shall be three acres.

(2)

Lot width. The minimum lot width shall be 150 feet.

(3)

Lot coverage. The maximum lot coverage shall not exceed 30 percent.

(4)

Floor area ratio. The maximum floor area shall not exceed 30 percent of the lot area.

(5)

Yard setback requirements.

a.

Front yard: Not less than 50 feet. No fence shall be constructed in the front yard, except those fences to define lot lines, not to exceed three feet in height.

b.

Side yards: Least width of either yard shall not be less than 20 feet, unless the lot width is less than 80 feet wide than use the setbacks in the table below.

c.

Rear yard: Not less than 35 feet.

d.

Lots with multiple property line with frontage upon public or private streets or roads shall have multiple front yards, except if the lot abuts a lake than the lots shall have multiple rear yards.

The above requirements shall apply to every lot, building or structure within this district and all measurements shall conform to sections 30-5 and 30-182.

(6)

Height. The following height requirements shall apply in this district:

a.

For buildings and structures, no building and no structure shall exceed a height of two stories or 35 feet.

b.

For detached accessory buildings, no detached accessory buildings shall exceed a height of 25 feet.

(7)

Required off-street parking. As required in article V of this chapter.

(8)

Supplemental regulations. As required in article IX of this chapter.

(Comp. Ords. 1994, § 15.254; Ord. No. 1, § 20.04, 8-19-1974; Ord. of 9-1-1990; Ord. of 6-2-1992; Ord. No. 24-02, § 1, 6-12-2024; Ord. No. 24-03, § 1, 6-12-2024)

(a)

The SR1-Single-Family Residential District One is composed of those areas of the township whose principal use is and ought to be single-family dwellings on moderately small-sized lots. The regulations of this district are designed to create character in those areas which are served by a central water supply system and a central sanitary sewerage system.

(b)

In addition to the dwellings permitted in this zoning district, certain residential and public uses are permitted which have been strictly regulated to make them compatible with the principal use of this district.

(Comp. Ords. 1994, § 15.281; Ord. No. 1, § 21.01, 8-19-1974)

The following buildings and structures, and uses of parcels, lots, buildings, and structures are permitted in this district:

(1)

Single-family dwelling and any use, building or structure accessory thereto.

(2)

Two-family dwelling and any use, building or structure accessory thereto.

(3)

A sign, only in accordance with the regulations specified in article VII of this chapter.

(4)

Clustered residential development, in accordance with article VI of this chapter.

(5)

Raising and keeping of poultry, rabbits, and similar small fowl and animals, only as an accessory use, and only for use and consumption of the occupants on the premises, and not for any purposes of remuneration, provided that the lot on which situated shall not be less than one acre in area. All fowl and animals shall be properly housed, fenced, and cared for so as not to be a public nuisance.

(6)

Raising and keeping of horses and ponies, only as an accessory use for the principal dwelling, and not for any purposes of remuneration, provided that a minimum lot area of one acre shall be provided for one horse or one pony, and 20,000 square feet of additional lot area shall be provided for each additional horse or pony. All animals shall be properly housed, fenced, and cared for so as not to be a public nuisance.

(Comp. Ords. 1994, § 15.282; Ord. No. 1, § 21.02, 8-19-1974; Ord. of 5-15-1980)

The following buildings and structures, and uses of parcels, lots, buildings and structures are permitted, subject to obtaining a special use permit as provided in article IV of this chapter:

(1)

Golf course, but not including golf driving range.

(2)

Country club, public swimming pool, and recreation club; public and private park and playground.

(3)

Church and public building.

(4)

Public and private nursery, primary and secondary school.

(5)

Public utility structure located on the surface of the ground, including, but not limited to, transformer substations, pumping stations, communications relay stations, gas and steam regulating valves and stations, provided:

a.

That storage of materials, inoperative equipment, vehicles or supplies shall be located in a building;

b.

That no personnel shall be a quartered or employed on the premises; and

c.

That structures shall be designed, erected and landscaped in such a manner as to conform as much as possible with the character of this district.

(6)

Home occupations.

(Comp. Ords. 1994, § 15.283; Ord. No. 1, § 21.03, 8-19-1974)

The following regulations shall apply in all SR1-Single-Family Residential Districts:

(1)

Lot area. Where a lot is served with a central water supply system and a central sanitary sewerage system, there shall be provided a minimum of one-fourth acre of lot area for each single-family dwelling unit and one-half acre of lot area for each two-family dwelling unit. Where a lot is not so served, there shall be provided a minimum of one acre of lot area for each single-family dwelling unit and two acres of lot area for each two-family dwelling unit. The minimum lot area for all other buildings and structures shall be three acres.

(2)

Lot width. The minimum lot width for lots served with a central water supply system and a central sanitary sewerage system shall be 80 feet. Where a lot is not so served, the minimum lot width shall be 150 feet.

(3)

Lot coverage. The maximum lot coverage shall not exceed 30 percent.

(4)

Floor area ratio. The maximum floor area shall not exceed 30 percent of the lot area.

(5)

Yard and setback requirements.

a.

Front yard: Not less than 35 feet.

b.

Side yard: Least width of either yard shall not be less than ten feet, but the sum of the two side yards shall not be less than 25 feet. Corner lots fronting upon public or private streets or roads shall have two front yards and two side yards.

c.

Rear yard: Not less than 20 feet.

The above requirements shall apply to every lot, building or structure within this district and all measurements shall conform to sections 30-5 and 30-182.

(6)

Height. The following height requirements shall apply in this district:

a.

For building and structures, no building and no structure shall exceed a height of 2½ stories, but not exceeding 35 feet.

b.

For detached accessory buildings, no detached accessory building shall exceed a height of 25 feet.

(7)

Required off-street parking. As required in article V of this chapter.

(8)

Supplemental regulations. As required in article IX of this chapter.

(Comp. Ords. 1994, § 15.284; Ord. No. 1, § 21.04, 8-19-1974; Ord. of 9-1-1990)

A parcel of land may be developed for single-family detached dwelling units under the open space preservation development option (OSPDO) as provided in section 30-805.

(Comp. Ords. 1994, § 86.000; Ord. of 3-1-2003, § 4)

(a)

The MR-Multiple-Family Residential District is composed of those areas of the township whose principal use is or ought to be multiple-family dwellings. The regulations of this district are designed to permit a density of population and an intensity of land use in those areas which are served by a central water supply system and a central sanitary sewerage system, and which abut or are adjacent to such other uses, buildings, structures, or amenities which support, complement or serve such a density and intensity.

(b)

In addition to the dwellings permitted in this zoning district, there are permitted certain residential and public uses which have been strictly regulated to make them compatible with the principal use of this district.

(Comp. Ords. 1994, § 15.311; Ord. No. 1, § 22.01, 8-19-1974)

The following buildings and structures, and uses of parcels, lots, buildings and structures are permitted in this district:

(1)

Single-family dwelling and any use, building or structure accessory thereto, subject to the regulations and standards as provided in section 30-373.

(2)

Two-family dwellings and any use, building or structure accessory thereto, subject to the regulations and standards in section 30-373.

(3)

Multiple-family dwelling and any use, building or structure accessory thereto.

(4)

A sign, only in accordance with the regulations specified in article VII of this chapter.

(Comp. Ords. 1994, § 15.312; Ord. No. 1, § 22.02, 8-19-1974; Ord. of 5-15-1980)

The following buildings and structures, and uses of parcels, lots, buildings and structures are permitted subject to obtaining a special use permit as provided in articles IV and IX of this chapter, if applicable:

(1)

Golf course, but not including golf driving range.

(2)

Country club, public swimming pool, and recreation club; public and private park and playground.

(3)

Church and public building.

(4)

Public and private nursery; primary and secondary school; business school, college and university.

(5)

Medical, dental, clinic.

(6)

Funeral establishment.

(7)

Hospitals, nursing homes, sanitariums.

(8)

Public utility structure.

(9)

Home occupations.

(Comp. Ords. 1994, § 15.313; Ord. No. 1, § 22.03, 8-19-1974; Ord. of 5-15-1980)

The following regulations shall apply to all multiple-family residential uses in an MR-Multiple-Family Residential District:

(1)

Lot area. The minimum lot area shall be one acre. There shall be a minimum of 1,500 square feet gross site area for each dwelling unit. All multiple-family dwelling units shall have a central water supply system and a central sanitary sewerage system.

(2)

Lot width. The minimum lot width shall be 150 feet.

(3)

Lot coverage. The maximum lot coverage shall not exceed 35 percent.

(4)

Floor area ratio. The maximum floor area shall not exceed 40 percent of the lot area.

(5)

Yard and setback requirements:

a.

Front yard: Not less than 35 feet.

b.

Side yard: Least width of either yard shall be no less than ten feet, but the sum of the two side yards shall not be less than 25 feet. Corner lots fronting upon public or private streets or roads shall have two front yards and two side yards.

c.

Rear yard: Not less than 25 feet.

The above requirements shall apply to every lot, building or structure within this district and all measurements shall conform to sections 30-5 and 30-182.

(6)

Height. The following height requirements shall apply in this district:

a.

For buildings and structures, no building or structure shall exceed a height of three stories or 45 feet.

b.

For detached accessory buildings, no detached accessory building or structure shall exceed a height of 25 feet.

(7)

Distance between grouped buildings. In addition to the required setback lines provided elsewhere in this article, in group dwellings (including semi-detached and multiple dwellings) the following minimum distances shall be required between each said dwelling:

a.

Where buildings are front to front, or front to rear, three times the height of the taller building, but not less than 70 feet.

b.

Where buildings are side to side, one time the height of the taller building, but not less than 20 feet.

c.

Where buildings are front to side, rear to side, or rear to rear, two times the height of the taller building, but not less than 45 feet. In applying the standards set forth in this subsection:

1.

The front of the building shall mean that face of the building having the greatest length.

2.

The rear is that face opposite the front.

3.

The side is the face having the smallest dimension.

(8)

Required off-street parking. As required in article V of this chapter.

(9)

Required site plan regulations. As required in article II, division 2 of this chapter.

(10)

Supplemental regulations. As required in article IX of this chapter.

(Comp. Ords. 1994, § 15.314; Ord. No. 1, § 22.04, 8-19-1974; Ord. of 9-1-1990)

The purpose of the MHP-Manufactured Housing Community District is to provide for the development of the manufactured housing community, and to promote the manufactured housing community with the character of residential neighborhoods.

(Comp. Ords. 1994, § 79.000; Ord. No. 64, § 5, 6-11-2001)

The following uses are permitted in the MHP-Manufactured Housing Community District:

(1)

Manufactured home dwelling units.

(2)

Signs, in accordance with article VII; provided, however, that, notwithstanding article VII of this chapter, a 32-square-foot, typically eight feet by four feet, maximum size sign, with copy on both sides, to be aesthetically subtle, yet visually discernible to drivers as an advertisement or modification of a manufactured housing community; or, as an alternative, two signs, each of which is a maximum of 16 square feet, with copy on both sides, with the same aesthetic and notification characteristics, is permitted for a development.

(3)

Accessory structures such as carports and sheds, limited to one carport on each manufactured home site.

(4)

A manufactured home shall be in compliance with the following minimum distances, as measured from the wall/support line or foundation line, whichever provides the greater distance: For a home sited parallel to an internal road, 15 feet from any part of an attached structure of an adjacent home that is used for living purposes, if the adjacent home is sited next to the home on the same internal road or on an intersection internal road.

(5)

Community buildings and facilities, such as laundry facilities, swimming pools, management offices and storage facilities.

(Comp. Ords. 1994, § 79.000; Ord. No. 64, § 5, 6-11-2001)

The following buildings and structures, and uses of parcels, lots, buildings and structures are permitted, subject to obtaining a special use permit as provided in article IV of this chapter:

(1)

Church, fire station, police station, government office building, and similar government buildings.

(2)

Public or private nursery, primary, and secondary school, day care center.

(3)

Essential services as provided in section 30-372(e).

(Comp. Ords. 1994, § 79.000; Ord. No. 64, § 5, 6-11-2001)

The following regulations shall apply to all uses in an MHP-Manufactured Housing Community District:

(1)

Lot area. The minimum area of the parcel of land that comprises a manufactured housing community shall be 15 acres.

(2)

Maximum height.

a.

Principal structures: two stories or 25 feet.

b.

Accessory structures: 15 feet.

(3)

Planning and development regulations. As provided in section 30-801.

(Comp. Ords. 1994, § 79.000; Ord. No. 64, § 5, 6-11-2001)

The LC-Local Commercial District is composed of those areas of the township whose principal use is and ought to be local retail, service and restricted repair business activities which serve adjacent and surrounding residential neighborhoods. This district has been located within the township to permit the development of these business activities to protect adjacent agricultural, residential and industrial areas against the encroachment of incompatible uses, and to lessen congestion on public streets and highways. To these ends, certain uses which would function more effectively in other districts and would interfere with the operation of these business activities and purpose of this district have been excluded.

(Comp. Ords. 1994, § 15.401; Ord. No. 1, § 30.01, 8-19-1974)

The following buildings and structures, and uses of parcels, lots, buildings and structures are permitted in this district:

(1)

Clothing and apparel services, including laundry pickup, automatic laundry, dressmaking, millinery, tailor shop and shoe repair shop.

(2)

Food services, including grocery, meat market, bakery, restaurant, delicatessen and fruit market, ice machines and similar self-serve units, but not including any business of a drive-in type.

(3)

Personal services, including barbershop and beauty salon, medical and dental clinics, music studios, banks and saving and loan associations and other similar uses.

(4)

Retail services, including drug store, hardware, gift shop, and dry goods and notions store.

(5)

Essential services, except those provided for elsewhere in this district, provided that electrical substations shall be enclosed on all sides in a manner in keeping with the character of the surrounding area.

(6)

A sign, only in accordance with the regulations specified in article VII of this chapter.

(7)

An accessory use, building or structure.

(8)

Offices for professional services, such as legal, insurance, real estate, finance, medical, dental, architectural, and engineering, provided the following conditions are met:

a.

No trucks, drilling rigs, or similar vehicles shall be stored on the premises.

b.

No materials or field equipment shall be stored outside the office building.

c.

The building shall not exceed one story in height or 8,000 square feet in gross floor area.

(Comp. Ords. 1994, § 15.402; Ord. No. 1, § 30.02, 8-19-1974; Ord. No. 50, 11-25-1998)

The following buildings and structures, and uses of parcels, lots, buildings and structures are permitted subject to obtaining a special use permit as provided in article IV of this chapter:

(1)

Animal hospital or clinic.

(2)

Lines and structures of essential services as provided in section 30-221(4).

(3)

Contractor's establishment, including storage of equipment and materials, but not including any retail sales on the site, subject to the following conditions:

a.

The minimum required front and corner side yards: 75 feet.

b.

The minimum required side and rear yards: 75 feet.

c.

A transition strip at least 25 feet wide shall be provided along a side or rear lot line that abuts land in a residential zoning district. The transaction strip shall be in addition to the required yard.

d.

Storage of equipment and materials shall not be permitted in a transition strip or any required yard.

e.

Outdoor storage areas shall be screened from view from a public road by a decorative masonry wall, berm, and or landscape strips.

(Comp. Ords. 1994, § 15.403; Ord. No. 1, § 30.03, 8-19-1974; Ord. of 5-15-1980; Ord. of 11-9-2004)

The following regulations shall apply in all LC-Local Commercial Districts:

(1)

Lot area. No building or structure shall be established on any lot less than one acre in area, except where a lot is served with a public water supply system and a public sanitary sewerage system, in which case there shall be provided a minimum lot area of 10,000 square feet.

(2)

Lot width.

a.

The minimum lot width for lots served with a central water supply system and a central sanitary sewerage system shall be 70 feet.

b.

Where a lot is not so served, the minimum lot width shall be 150 feet.

c.

The minimum width of a lot of a local shopping center of other combined development of a retail and/or service facilities in this district shall be 200 feet.

(3)

Lot coverage. The maximum lot coverage shall not exceed 30 percent.

(4)

Floor area ratio. The maximum floor area shall not exceed 60 percent of the lot area.

(5)

Yard and setback requirements.

a.

Front yard: Not less than 35 feet.

b.

Side yard: Least width of either side yard shall not be less than ten feet, except in the case of a corner lot or parcel where the side yard on the road or street side shall not be less than 35 feet. Minimum interior side yards may not be required when two or more buildings ale part of a local shopping center or other combined development of local retail and/or service facilities. Side yard requirements shall apply to the perimeter of such developments.

c.

Rear yard: Not less than 35 feet.

The requirements set forth in this subsection shall apply to every lot, building or structure within this district and all measurements shall conform to sections 30-5 and 30-182.

(6)

Height requirements. No building or structure shall exceed a height of 25 feet or two stories.

(7)

Transition strips.

a.

On every lot in this district which abuts a lot in a recreation-conservation, agricultural and residential district (including mobile homes), there shall be provided a transition strip. Such transition strip:

1.

Shall not be less than 15 feet in width;

2.

Shall be provided along every lot line, except at front lot lines, which abuts a lot in such districts;

3.

Shall not be included as part of the yard required around a building or structure; and

4.

Shall be improved, when said lot in this district is improved, with a solid screen wall or hedge not less than four feet nor more than six feet in height, maintained in good condition.

b.

A use or structure on any lot in this district fronting a public road, street, or way shall provide, in addition to and as an integral part of any site development, on the front yard, a landscaped strip of land 20 feet or more in depth; such landscaped strip is to be defined by a curb, and designed to provide access to the lot and separate off-street parking areas from the public right-of-way.

(8)

Required off-street parking. As required in article V of this chapter.

(9)

Required site plan review by planning commission. As required in article II, division 2 of this chapter.

(10)

Performance standards. As required in article VIII of this chapter.

(Co-p. Ords. 1994, § 15.404; Ord. No. 1, § 30.04, 8-19-1974; Ord. of 9-1-1990)

The GC-General Commercial District is composed of those areas in the township whose principal use is and ought to be general retail, service and restricted and repair business activities which serve the entire township and surrounding area. This district has been located within the township to permit the development of these business activities, to protect adjacent agricultural, residential and industrial areas against the encroachment of incompatible uses, and to lessen congestion on public streets and highways. To these ends, certain uses which would function more effectively in other districts and would interfere with the operation of these business activities and the purpose of this district, have been excluded.

(Comp. Ords. 1994, § 15.431; Ord. No. 1, § 31.01, 8-19-1974)

The following buildings and structures, and uses of parcels, lots, buildings and structures are permitted in this district:

(1)

All permitted uses allowed in LC-Local Commercial District, as provided in section 30-444.

(2)

Retail services, including department stores, furniture stores, appliance stores, and supermarkets.

(3)

Business and professional office, such as legal, engineering, accounting, financial and insurance.

(4)

Agricultural services, including machinery sales and repair establishments, and farm supply stores.

(5)

Showroom and sales of new automobiles, farm machinery, and other vehicles and equipment, and the display and sale of used cars, farm machinery, and other vehicles and equipment, when in conjunction with a showroom and sales of new units thereof, and repair of same when in conjunction with a showroom and sales of new units thereof.

(6)

Mobile home and trailer court sales and repair.

(7)

Equipment services, including repair, radio and television, electrical appliance shop, plumber, electrician and other similar services and trades.

(8)

A sign, only in accordance with the regulations specified in article VII of this chapter.

(9)

An accessory use, building or structure.

(10)

Building supply centers, for the retail sale of lumber, related building supplies, tools, paints, and appliances, but not including outdoor sales or storage of building materials.

(11)

Contractor's establishment, including outdoor storage of equipment and materials, but not including any retail sales on the site, subject to the following conditions:

a.

The minimum required front and corner side yards shall be 75 feet.

b.

The minimum required side and rear yards shall be 75 feet.

c.

A transition strip at least 25 feet wide shall be provided along a side or rear lot line that abuts land in a residential zoning district. The transaction strip shall be in addition to the required yard.

d.

Storage of equipment and materials shall not be permitted in a transition strip or any required yard.

e.

Outdoor storage areas shall be screened from view from a public road by a decorative masonry wall, berm, and/or landscape strips.

(Comp. Ords. 1994, § 15.432; Ord. No. 1, § 31.02, 8-19-1974; Ord. of 11-3-1981; Ord. No. 64, 6-11-2001)

The following buildings and structures, and uses of parcels, lots, buildings and structures are permitted subject to obtaining a special use permit as provided in article IV of this chapter:

(1)

Establishments serving alcoholic beverages and/or providing entertainment.

(2)

Funeral establishments, mortuaries.

(3)

Hotel, tourist home, boardinghouse, and roominghouse.

(4)

Animal hospital or clinic.

(5)

Open air display area for the sale of manufactured products, such as or similar to garden furniture, earthenware, hardware items and nursery stock, or the rental of manufactured products or equipment, small tools, pneumatic-tired two- and four-wheeled utility trailers, pneumatic-tired cement mixers, wheelbarrows, rollers and similar products or equipment.

(6)

Lots for the sale of used cars, used farm machinery, and other used vehicles and equipment, when not sold in conjunction with sales of new cars, machinery vehicles, or equipment, and for the repair thereof.

(7)

Gasoline service station, when provided on a lot with a minimum frontage on any street of 150 feet and when no more than two such stations shall exist at an intersection.

(8)

Lines and structures of essential services, as provided in section 30-221(4).

(9)

Recreation services, including theater, bowling alley and roller and ice skating rinks.

(10)

Outdoor storage or sale of lumber, related building materials, and tools, when accessory to a building supply center, subject to the following requirements:

a.

Sale or storage of gravel and coal shall not be permitted in this district.

b.

Such storage shall not be located within the area between the front face of the building, as extended across the entire width of the lot, and the street right-of-way; in any required side or rear yard; or in any required transition strip.

c.

Such storage shall not be located in any required parking or loading space.

d.

Such storage shall be strictly and clearly accessory and incidental to the building supply center. Such storage shall not be permitted as a principal use of a lot.

e.

The area for such storage shall be screened or fenced on all sides. The screen or fence shall not be less than four feet in height.

f.

The location of areas for such storage, and a general description of items to be stored, shall be provided as part of the special use permit application.

(11)

Wireless communication facilities, subject to section 30-804

(Comp. Ords. 1994, §§ 15.433, 68.001; Ord. No. 1, § 31.03, 8-19-1974; Ord. of 5-15-1980; Ord. of 11-3-1981; Ord. No. 54, § 1, 6-18-1999)

The following regulations shall apply in all GC-General Commercial Districts:

(1)

Lot area. No building or structure shall be established on any lot less than one acre in area, except where a lot is served with a public water supply system and a public sanitary sewerage system, in which case there shall be provided a minimum lot area of 20,000 square feet.

(2)

Lot width. The minimum lot width for lots served with a central water supply system and a central sanitary sewerage system shall be 100 feet. Where a lot is not so served, the minimum lot width shall be 150 feet. The minimum lot width for a community shopping center or other combined development of retail and/or service facilities shall be 200 feet.

(3)

Lot coverage. The maximum lot coverage shall not exceed 25 percent.

(4)

Floor area ratio. The maximum floor area shall not exceed 80 percent of the lot area.

(5)

Yard and setback requirements.

a.

Front yard: Not less than 35 feet, including all signs and pump islands of gasoline service stations.

b.

Side yards: Least width of either side yard shall not be less than ten feet, except in the case of a corner lot or parcel where the side yard on the road or street side shall not be less than 35 feet. Minimum interior side yards may not be required when two or more buildings are part of a local shopping center or other combined development of local retail and/or service facilities. Side yard requirements shall apply to the perimeter of such developments.

c.

Rear yards: Not less than 35 feet.

The requirements set forth in this subsection shall apply to every lot, building or structure within this district and all measurements shall conform to sections 30-5 and 30-182.

(6)

Height requirements. No building or structure shall exceed a height of 45 feet or three stories.

(7)

Transition strips.

a.

On every lot in this district which abuts a lot in a recreation-conservation, agricultural and residential district (including mobile homes), there shall be provided a transition strip. Such transition strip:

1.

Shall be not less than 15 feet in width;

2.

Shall be provided along every lot line, except a front lot line which abuts a lot in such districts;

3.

Shall not be included as part of the yard required around a building or structure; and

4.

Shall be improved when said lot in this district is improved, with a screen, wall or hedge not less than four feet nor more than six feet in height, maintained in good condition.

b.

A use or structure on any lot in this district fronting a public road, street, or way shall provide an addition to and as an integral part of any site development, on the front yard, a landscaped strip of land 20 feet or more in depth; such landscaped strip to be defined by a curb, and designed to provide access to the lot and separate off-street parking areas from the public right-of-way.

(8)

Required off-street parking. As required in article V of this chapter.

(9)

Required site plan review by planning commission. As required in article II, division 2 of this chapter.

(10)

Performance standards. As required in article VIII of this chapter.

(Comp. Ords. 1994, § 15.434; Ord. No. 1, § 31.04, 8-19-1974; Ord. of 9-1-1990)

The HC-Highway Commercial District is composed of those areas of the township whose principal use is and ought to be retail and service business activities which serve or are meant to serve the motoring public. This district has been located within the township to permit the development of these business activities, to protect adjacent agricultural, residential and industrial areas against encroachment of incompatible uses, and to lessen congestion on and serve the persons traveling on public streets and highways. To these ends, certain uses which would function more effectively in other districts and would interfere with the operation of these business activities and the purpose of this district have been excluded.

(Comp. Ords. 1994, § 15.461; Ord. No. 1, § 32.01, 8-19-1974)

The following buildings and structures, and uses of parcels, lots, buildings and structures are permitted in this district:

(1)

Gasoline service station, including minor repair service, where not more than two such stations shall exist at an intersection.

(2)

Motels, hotels, restaurants.

(3)

Drive-ins, including restaurants, banks, laundries.

(4)

Essential services, as provided in section 30-444(5).

(5)

A sign, only in accordance with the regulations specified in article VII of this chapter.

(6)

Accessory use, building or structure.

(Comp. Ords. 1994, § 15.462; Ord. No. 1, § 32.02, 8-19-1974)

The following buildings and structures, and uses of parcels, lots, buildings and structures are permitted subject to obtaining a special use permit as provided in articles IV and IX of this chapter, if applicable:

(1)

Retail, sporting goods sales, souvenir and gift shop, public information booth.

(2)

Drive-in theater.

(3)

Places of amusement, entertainment or recreation such as dance hall, bowling alley, miniature golf, commercial swimming pool, skating rinks, trampolines, etc.

(4)

Lines and structures of essential services, as provided in section 30-221(4).

(Comp. Ords. 1994, § 15.463; Ord. No. 1, § 32.02, 8-19-1974; Ord. of 5-15-1980)

The following regulations shall apply in all HC-Highway Commercial Districts:

(1)

Lot area. No building or structure shall be established on any lot less than one acre in area, except where a lot is served with a central water supply system and a central sanitary sewerage system, in which case there shall be provided a minimum lot area of 30,000 square feet.

(2)

Lot width. The minimum width of all lots, whether or not served with a central sanitary sewerage system, shall be 150 feet.

(3)

Lot coverage. The maximum lot coverage shall not exceed 30 percent.

(4)

Floor area ratio. The maximum floor area shall not exceed 60 percent of the lot area.

(5)

Yard requirements.

a.

Front yard: Not less than 50 feet including all signs and the pump islands of gasoline service stations.

b.

Side yard: Least width of either yard shall not be less than 20 feet, except in the case of a corner lot or parcel where the side yard on the road or street side shall not be less than 50 feet.

c.

Rear yard: Not less than 35 feet.

The requirements set forth in this subsection shall apply to every lot, building or structure within this district and all measurements shall conform to sections 30-5 and 30-182.

(6)

Height requirements. No building or structure shall exceed a height of 35 feet or two stories.

(7)

Transition strips.

a.

On every lot in the district which abuts a lot in a recreation-conservation, agricultural and residential district (including mobile homes), there shall be provided a transition strip. Such transition strip:

1.

Shall be not less than 15 feet in width;

2.

Shall be provided along every lot line, except a front lot line, which abuts a lot in such districts;

3.

Shall not be included as part of the yard required around a building or structure; and

4.

Shall be improved with a screen, wall or hedge not less than four, nor more than eight feet in height, maintained in good condition.

b.

A use or structure on any lot in this district fronting a public road, street or way shall provide, in addition to and as an integral part of any site development, on the front yard, a landscaped strip of land 20 feet or more in depth; such landscaped strip to be defined by a curb, and designed to provide access to the lot and separate off-street parking area from the public right-of-way.

(8)

Required off-street parking. As required in article V of this chapter.

(9)

Required site plan review by planning commission. As required in article II, division 2 of this chapter.

(10)

Performance standards. As required in article VIII of this chapter.

(Comp. Ords. 1994, § 15.464; Ord. No. 1, § 32.04, 8-19-1974; Ord. of 9-1-1990)

The BP-Business Park District is intended to encourage and permit a mixture of commercial, office, research, and industrial uses that are compatible with each other in a campus setting. This district should be located in those areas of the township which are in the township's water and sanitary sewer service area, as delineated in the township's adopted comprehensive plan of 2008, and which are designated in that plan for business park uses.

(Ord. of 7-15-2010)

The following buildings and structures, and uses of parcels, lots, buildings and structures are permitted in this district:

(1)

Business, professional, executive, or administrative offices, such as financial institutions without drive-through facilities, advertising, real estate, legal, engineering, accounting, insurance, medical, and similar uses.

(2)

Research, development, testing laboratories, training centers.

(3)

Manufacturing, processing, or treatment of such products as drugs, pharmaceuticals, and medical devices.

(4)

Assembly of products such as electrical appliances, electronic or precision instruments.

(5)

Printing and imaging services.

(6)

Light manufacturing industrial uses, which, by the nature of the materials, equipment, and processes utilized, are to a considerable extent clean, quiet, and free from any objectionable or dangerous nuisance or hazard.

(Ord. of 7-15-2010)

The following buildings and structures, and uses of parcels, lots, buildings and structures are permitted, subject to obtaining a special use permit as provided in articles IV and IX of this chapter, if applicable.

(1)

Restaurant and cafeteria facilities for employees.

(2)

Business and technical schools licensed by the state.

(3)

Day care centers.

(4)

Drive-through facilities for banks and other financial institutions.

(5)

Hotels, motels, conference centers, and related catering and food service facilities.

(6)

Commercial services, such as:

a.

Clothing and apparel services, as in section 30-444(1).

b.

Food services, as in section 30-444(2), but including drive-in facilities and the serving of alcoholic beverages.

c.

Personal services, as in section 30-444(3).

d.

Retail services, as in section 30-444(4).

e.

Gasoline service stations.

(7)

Indoor recreation facilities, such as bowling alleys, tennis courts, and gymnasiums.

(Ord. of 7-15-2010)

The following regulations shall apply in all BP-Business Park Districts:

(1)

Minimum lot area: 20,000 square feet.

(2)

Minimum lot width: 100 feet.

(3)

Maximum lot coverage: 30 percent.

(4)

Maximum floor area ratio: 0.60.

(5)

Maximum impervious area ratio (IAR): 0.60 (Total ground floor area of buildings plus total pavement area/lot area).

(6)

Minimum required yards:

Front: 35 feet.

Side: 10 feet.

Corner side, any yard abutting a street: 35 feet.

Rear: 35 feet.

(7)

Maximum height: 45 feet or three floors, whichever is less.

(8)

Minimum transition strip: 25 feet wide; required along any line that abuts property in an agricultural or any residential zoning district.

(9)

Outdoor storage. No outdoor storage of materials or equipment is permitted within this district. All such materials, equipment, or products for any permitted principal or special use within this district shall be stored entirely within a completely enclosed building.

(10)

Off-street parking. As required in article V of this chapter.

(11)

Signs. As permitted in article VII of this chapter. In addition, one park identification sign shall be permitted for each street frontage of the park. The sign shall be a monument (ground) type sign set in a landscaped area. The sign shall not exceed 65 square feet in area or a height of eight feet above adjacent grade, including the sign's base structure.

(12)

Site plan review. As required in article II, division 2 of this chapter.

(Ord. of 7-15-2010)

(a)

Preparation and adoption.

(1)

The planning commission shall prepare a plan for development of the property to be included in the BP district.

(2)

The plan shall be on display at the public hearing on the petition to rezone the property in the BP district.

(3)

The plan shall be included in the planning commission's recommendation for action on the BP rezoning petition to the township board.

(4)

If the township board approves the BP zoning district, the park development plan shall be part of the zoning district and all subsequent development shall be consistent with that approved plan.

(5)

The park development plan of an approved BP district may be amended in the manner provided by law for a zoning chapter amendment.

(b)

Nature and content.

(1)

The plan shall be conceptual in nature, showing a general location of various uses proposed in the business park and a general layout of infrastructure.

(2)

The plan shall include, at a minimum:

a.

Land uses and a delineation of areas for each use.

b.

General layout of public streets.

c.

General layout of public water and sanitary sewer systems.

d.

Storm water management concepts for the entire property in the district.

e.

Existing natural features, such as woodlands, wetlands, and water courses, and the extent to which these features will be saved and incorporated into the plan.

(Ord. of 7-15-2010)

Approval of a final site plan for any lot or parcel of land that is zoned BP shall not be in effect until a development agreement is signed by the township and all persons or entities with a legal interest in the property and is recorded in the county. The development agreement shall include, among other provisions, mechanisms and schedules for financing and constructing all elements of the infrastructure called for in the final site plan.

(Ord. of 7-15-2010)

The I district is intended to provide areas for limited manufacturing and non-manufacturing industrial operations and facilities, and wholesale and warehouse operations wherein storage of products or equipment and wholesale sales thereof are the principal uses of buildings.

(Comp. Ords. 1994, § 15.501; Ord. of 2-1-1994, § 40.01)

The following buildings and structures, and uses of parcels, lots, buildings, and structures are permitted in this district:

(1)

Research and development testing.

(2)

Manufacturing, compounding, processing or treatment of such products as bakery goods, candy, cosmetics, dairy products, food products, drugs, perfumes, pharmaceutical products, toiletries, and frozen foods.

(3)

Assembly of merchandise such as electrical appliances and electronic or precision instruments.

(4)

Packaging of previously prepared materials, but not including the bailing of discards, old iron or other metal, wood, lumber, glass, paper, rags, cloth or similar materials.

(5)

Printing, lithographic, blueprinting and similar operations.

(6)

Light manufacturing industrial use which, by the nature of the materials, equipment and processes utilized, are to a considerable extent clean, quiet, and free from any objectionable or dangerous nuisance or hazard.

(7)

Warehousing: wholesale establishments and material distribution centers, provided all products, materials, and equipment are stored within enclosed buildings.

(8)

Signs in accordance with article VII of this chapter.

(9)

Accessory uses, buildings, and structures.

(10)

Essential services, as provided in section 30-444(5).

(Comp. Ords. 1994, § 15.502; Ord. of 2-1-1994, § 40.02)

The following buildings and structures, and uses of parcels, lots, buildings and structures are permitted subject to obtaining a special use permit as provided in articles IV and IX of this chapter, if applicable:

(1)

Food services for employees on site.

(2)

Bus, truck, taxi and rail terminals; trucking and cartage facilities; storage of trucks and industrial equipment.

(3)

Contractor's establishment, including outdoor storage of equipment and materials, but not including any retail sales on the site.

(4)

Auto and truck repair; body and paint shops for autos, trucks, and other vehicles; washing facilities for vehicles if part of a repair facility.

(5)

Open industrial uses or industrial product or materials storage, including storage of materials, inoperative equipment, vehicles, or supplies. Any activity in which products or materials being processed or stored are located, transported or treated outside a building and are not within enclosed apparatus, vessels, or conduits, shall be enclosed by a solid, permanently maintained wall or fence, no lower than the subject use or storage, and constructed to provide firm anchoring of fence posts to concrete set below the frostline. If a wall is provided, its foundation shall also extend below the frostline.

(6)

Commercial laundries; dry cleaning plants.

(7)

Lumber, fuel, and feed yards.

(8)

Construction and farm equipment sales, including service and repair.

(9)

Junkyards; storage of inoperative vehicles.

(10)

Sand and gravel extraction, including processing of materials extracted on-site.

(11)

Asphalt and concrete mixing plants.

(12)

Lines and structures of essential services, as provided in section 30-221(4).

(13)

Wireless communication facilities, subject to section 30-804.

(14)

Rental and repair of equipment, including equipment for events, parties, recreation, lawn, home, business, construction, building repairs, contractors, concrete work, assorted power equipment, scaffolding, generators, compactors, kitchen and beverage service, coal and wood burning furnaces and stoves, engines, and all related items and supplies. Sales of the preceding listed equipment may be included in the special use permit provided such sales are clearly incidental to the rental and repair operations.

(15)

Retail incidental to permitted uses or approved special uses.

(16)

Nursery, flower shop operations allowing outdoor display.

(Comp. Ords. 1994, §§ 15.503, 68.001; Ord. of 2-1-1994, § 40.03; Ord. No. 54, § 1, 6-18-1999; Ord. of 4-5-2011, § 1; Ord. of 4-4-2012, § 1)

The following regulations shall apply in all I-Industrial Districts:

(1)

Lot area. No building or structure shall be established on any lot less than one acre in area.

(2)

Lot width. The minimum lot width shall be 150 feet.

(3)

Lot coverage. The maximum lot coverage shall not exceed 30 percent.

(4)

Floor area ratio. The maximum floor area ratio shall not exceed 60 percent of the lot area.

(5)

Yard requirements.

a.

Front yard: Not less than 50 feet.

b.

Side yard: Least width of either yard shall not be less than 20 feet, except in the case of a corner lot or parcel where the side yard on the road or street side shall not be less than 50 feet.

c.

Rear yard: Not less than 35 feet.

The requirements set forth in this subsection shall apply to every lot, building or structure within this district and all measurements shall conform to sections 30-5 and 30-182.

(6)

Height requirements. Except as is otherwise provided in section 30-182, no building or structure shall exceed a height of 45 feet or two stories.

(7)

Transition strips.

a.

On every lot in the district which abuts a lot in a recreation-conservation, agricultural, residential (including mobile homes), and commercial district, there shall be provided a transition strip. Such transition strip:

1.

Shall be not less than 25 feet in width;

2.

Shall be provided along every lot line, except a front lot line, which abuts a lot in such districts;

3.

Shall not be included as part of the yard required around a building or structure; and

4.

Shall be improved, when said lot in this district is improved, with a screen, wall or hedge not less than four feet nor more than eight feet in height, and maintained in good condition.

b.

A use or structure on any lot in this district fronting a public road, street or way shall provide, in addition to and as an integral part of any site development: on the front yard, a landscaped strip of land 20 feet or more in depth; such landscaped strip to be defined by a curb, and designed to provide access to the lot and separate off-street parking areas from the public right-of-way.

(8)

Required off-street parking. As required in article V of this chapter.

(9)

Required site plan review. As required in article II, division 2 of this chapter.

(10)

Performance standards. As required in article VIII of this chapter.

(Comp. Ords. 1994, § 15.504; Ord. of 2-1-1994, § 40.04)

The I-ART-Industrial-Automotive Research and Testing District is intended to provide a zoning district for existing and future research and testing activities, and accessory supporting facilities and services, on the Chrysler Proving Ground property. This district is designed for one owner, the Chrysler Corporation, because of the very large size of the property, over five square miles, and its large size in relation to the township (about 14 percent of the township's total area). This district is also intended to protect existing wooded areas, streams, and wetlands on the property.

(Comp. Ords. 1994, § 67.001; Ord. No. 50, § 1(41.01), 11-25-1998)

The following buildings and structures, and uses of parcels, lots, buildings, and structures are permitted in this district:

(1)

Research and development operations for the automobile industry.

(2)

Prototype/pilot manufacturing for the automobile industry.

(3)

Automotive testing operations, such as, but not limited to track, laboratory, emissions, performance, braking, endurance, noise, handling, and radio.

(4)

Signs, in accordance with article VII of this chapter, including section 30-727.

(5)

Essential services.

(Comp. Ords. 1994, § 67.001; Ord. No. 50, § 1(41.02), 11-25-1998)

The following are permitted accessory uses in the I-ART-Industrial-Automotive Research and Testing District:

(1)

Food services for employees onsite.

(2)

Warehousing facilities; vehicle storage.

(Comp. Ords. 1994, § 67.001; Ord. No. 50, § 1(41.03), 11-25-1998)

The following regulations shall apply in the I-ART-Industrial-Automotive Research and Testing District:

(1)

Minimum lot area: Four square miles.

(2)

Minimum lot width: 2,000 feet.

(3)

Maximum lot coverage: Five percent.

(4)

Maximum floor area ratio: 0.050.

(5)

Minimum yard requirements. Measurements shall conform to sections 30-5 and 30-182.

a.

Front: 50 feet.

b.

Side: 20 feet; 50 feet if abutting a public street.

c.

Rear: 35 feet; 50 feet if abutting a public street.

(6)

Maximum height: 45 feet or two stories, except as otherwise provided in section 30-182.

(7)

Transition strips.

a.

A transition strip at least 25 feet wide shall be provided along each lot line, except a front lot line, that abuts a lot in a recreation-conservation, agriculture, residential, or commercial district. The strip shall not be included as a part of any other required yard. The strip shall be improved with a screen, wall, or hedge not less than four feet in height. Existing trees and brush may substitute for the improvement. The strip shall not be occupied by any facility or activity, including parking, except driveways, which may cross the strip for purposes of provided access to and egress from the property.

b.

Any required yard that abuts a public street shall be maintained as a landscape strip at least 50 feet wide. The strip shall not be occupied by any facility or activity, including parking, except driveways, which may cross the strip for purposes of provided access to and egress from the property.

(8)

Off-street parking. As required in article V of this chapter.

(9)

Site plan review. As required in article II, division 2 of this chapter.

(10)

Performance Standards. As required in article VIII of this chapter.

(11)

Mobile/manufactured buildings. Mobile/manufactured buildings may be used in this district, subject to meeting all regulations of this district. Such buildings that will be located where they will be visible from any property line shall be placed on permanent foundations.

(12)

Protection of natural features. Removal of wooded areas for proposed construction shall be minimized. Stream corridors shall be protected in their natural condition and wetlands shall not be filled or otherwise altered by proposed construction. Each final site plan that involves construction that will impact these natural features shall identify the features and the proposed impact on them, justify the proposed changes, and show methods to be used to minimize impacts on the natural features.

(Comp. Ords. 1994, § 67.001; Ord. No. 50, § 1(41.04), 11-25-1998)

(a)

The intent of a Planned Unit Development (PUD) is to provide a more reasonable procedure that will permit greater flexibility and consequently more creative plans for various types of development than are permitted under conventional zoning regulations. It is the intention of this division to allow flexible arrangements of land use composition and design in the preparation of site plans without sacrificing the basic principles of sound zoning practice.

(b)

The basic zoning districts and their permitted uses as established in this article will form the land use base for designing a combination of uses already permitted in each district without rezoning, in the form of clustering principal uses and activities at a higher density than would otherwise be possible under the respective district regulations on a preferred portion of a parcel, or by averaging the permitted densities or combining uses permitted within the zoning districts within the PUD area, while maintaining the overall density of development of the parcels consistent with the district regulations.

(c)

This PUD procedure is further intended to minimize development impacts upon important environmental natural features, to provide for a more economical arrangement of on-site infrastructure by permitting principal uses to have greater density on one portion of a PUD site, while retaining the overall density requirements of the zoning district in which the PUD is located or, in the case of a combination of zoning districts, to permit the various zoning districts involved to fit the overall plan for the design and composition of the PUD.

(d)

It is further intended that this PUD procedure will be available only in the urban area as designated in the township's comprehensive plan.

(Comp. Ords. 1994, § 76.000; Ord. No. 62, § 33.01, 7-17-2000)

In pursuing the PUD Planned Unit Development procedure, the following provisions, regulations and restrictions shall apply:

(1)

Minimum lot or parcel size required for PUD projects in the various zoning districts shall be:

a.

AG: 50 acres, provided that one of its property lines is located no more than one-quarter mile from any other zoning district boundary.

b.

LR: 25 acres.

c.

SR1: 20 acres.

d.

NC: Ten acres.

e.

LC: Five acres.

f.

GC: Five acres.

g.

MR: 25 acres.

h.

MHP: 25 acres.

i.

RC: Five acres.

j.

I: 25 acres.

(2)

Types of planned unit developments (PUDs).

a.

A type 1 PUD is one which can be located in any zoning district or combination of zoning districts upon application to the township planning commission for a PUD which includes only those uses permitted in the underlying zoning district in which the PUD is to be located. This type of PUD requires site plan review by the township planning commission and site plan approval by the township board.

b.

A type 2 PUD is one which can be located in any zoning district or combination of zoning districts upon application to the township planning commission for a PUD which includes uses permitted in the underlying zoning districts in which the PUD is to be located and additionally other uses not permitted in those zoning districts, but which are permitted in other zoning districts. This type of PUD requires rezoning approval by the township board, which approval shall be conditioned upon compliance with a PUD site plan approved by the township board pursuant to this division.

(3)

Permitted accessory uses. Accessory buildings and uses customarily incidental to the principal permitted and special uses included on the site plan.

(Comp. Ords. 1994, § 76.002; Ord. No. 62, § 33.02, 7-17-2000)

(a)

Continuing applicability of information on approved PUD site plans. The location of all uses and buildings, all uses and mixtures thereof, all yards, setbacks, buffer areas and transition strips, and all other information regarding uses of properties as shown on or as part of a site plan which is approved shall have the full force and permanence of this chapter as though such site plan and supporting information were specifically set forth as requirements in this chapter. Such information shall be the continuing obligation of any subsequent interests in a PUD or parts thereof and shall not be changed or altered except as approved by the township through amendment or revision procedures as set forth in this article. The approved site plan and any conditions attached thereto shall control all subsequent planning or development. A parcel of land that has been approved as a PUD shall not thereafter be developed, divided, split or used except in accordance with the final site plan approved by the township board.

(b)

Construction. Upon submitting an application for a PUD, no construction, grading, tree removal, soil stripping, or other site improvements or changes shall commence, and no zoning permit shall be issued until all of the requirements of this division have been met and approved as to conformance with this chapter by the township board.

(c)

Financial guarantees. Before a building permit is issued, financial guarantees shall be required for all public and common site improvements and developments and, if phased, all phased developments on a per phase basis, including all improvements necessary to each phase even if they extend beyond the initial and subsequent phases. Financial guarantees may be in the form of cash, certified checks or irrevocable bank letters of credit as approved by type of financial guarantee and dollar amount by the township board. Cost estimates to be used in setting dollar amounts for the financial guarantee shall be based upon the findings regarding estimated costs as reported by the township engineer, subject to the review and recommendation of the planning commission to the township board for its approval.

(Comp. Ords. 1994, § 76.003; Ord. No. 62, § 33.03, 7-17-2000)

(a)

An applicant for a PUD may request a preapplication conference with the township zoning administrator and/or planning consultant and the planning commission prior to filing an application for developing a PUD. The request shall be made to the planning commission, which shall set a date for the conference. The planning commission may invite other officials who might have an interest in the proposed development, or who might assist the township in the review process. The applicant may also confer with the zoning administrator on the specific requirements of this chapter. Costs of such conferences with the planning commission, when held at times other than regularly scheduled, special or work session meetings, shall be paid for by the applicant.

(b)

The purpose of such conference shall be to inform the planning commission and other officials of the concept of the proposed development and to provide the applicant with information regarding land development policies, procedures, and standards, and requirements of the township and other agencies. The applicant is encouraged to present schematic plans, site data and other information that will help explain the proposed development at this preapplication conference.

(c)

Statements and presentations made in the conference shall be only for the exchange of information and shall not be legally binding commitments on either the applicant or the township.

(Comp. Ords. 1994, § 76.004; Ord. No. 62, § 33.04, 7-17-2000)

(a)

A site plan shall be submitted for the total project and approval may be given for construction of the total project or for each phase of development. Preliminary and final site plans shall be submitted and reviewed in accordance with, and shall meet all provisions of article II, division 2 of this chapter, except that site plans for PUDs shall require a public hearing and recommendation by the planning commission, and final approval, approval with conditions or denial by the township board.

(b)

The planning commission may require the applicant to provide appropriate market feasibility studies and analyses, traffic studies, facility, utility and service studies and other information necessary for the commission to properly and adequately analyze a PUD as the basis for recommendation to the township board in respect to the project being requested by the applicant.

(c)

To that end, an environmental impact assessment of the probable effect of the proposed PUD development upon the natural environment and existing and planned development for the general area surrounding the PUD may be required to be prepared by the applicant and submitted to the planning commission concurrently with the site plan. This document shall be prepared by a professional environmental assessment specialist in narrative form, with such accompanying charts, graphs, maps and/or tables as may prove necessary. Topics to be addressed may include, as determined by and required by the planning commission:

(1)

Studies, statements and reports on the impact of the PUD in relationship to adjacent and other surrounding existing and planned land uses;

(2)

Additional traffic likely to be generated per 24-hour period;

(3)

Directional distribution of trips generated by the proposed development;

(4)

Additional police and fire service, public utilities, facilities and service needs to be anticipated;

(5)

Environmental components, i.e., soils to be found on the site, site topography, wetlands, groundwater and aquifers supplying water through wells; and

(6)

A mapped inventory of natural features of note that are located on the site, and how each would be impacted by the proposed PUD.

(Comp. Ords. 1994, § 76.004; Ord. No. 62, § 33.05, 7-17-2000)

(a)

An application for a PUD shall be made by all of the owners of record of the subject parcel. The applicant shall provide evidence of full ownership of all land in a PUD or execution of a binding or conditional sales agreement, prior to receiving a recommendation on the application and site plan by the township planning commission.

(b)

The application shall be filed with the office of the zoning administrator, who shall check it for completeness in accordance with this division, discuss it with the applicant, and transmit the application and the site plan to the planning commission. The application shall be filed, if complete, with the zoning administrator at least two weeks prior to the planning commission meeting at which it is to be first considered.

(c)

The township planning commission shall hold a public hearing on the application, site plan and supporting information. Notice of the public hearing must be given in the same manner as required in article IV of this chapter, for public hearings on special land use permit requests.

(d)

At the public hearing, the applicant shall present evidence regarding adherence to all of the standards and requirements of this division. To this end, evidence and, if required by the planning commission, expert opinion shall be submitted by the applicant in the form of professionally prepared maps, charts, reports, models and other materials, and/or in the form of testimony by professional experts who can clearly state the full nature and extent of the proposal. Complete sets of plans and supporting information shall be submitted with the application in a sufficient number of copies, but not less than ten copies for review by each member of the planning commission, zoning administrator and other township officials. Materials submitted shall include the required site plan and any required supplementary sources of information necessary to satisfy the requirements detailed in article II, division 2 of this chapter.

(e)

The planning commission shall undertake a study of the application and site plan and shall submit a report of its recommendation after public hearing to the township board. This report shall contain the planning commission's analysis of the application and site plan, findings regarding requirements and standards, suggested conditions for approval, if applicable, and its recommendations for approval, approval with conditions or denial with reasons stated in the official minutes of the commission. Materials and information to be considered in this study and review process shall include input from such agencies as the county health department, county road commission, county drain commissioner, state department of transportation, and the state department of natural resources and environment, among other county, state, township and local public agencies having a public interest or responsibility in the PUD project.

(f)

The planning commission shall transmit its recommendation to the township board for a type 2 PUD for action on any required amendments to this chapter. Type 1 PUDs may go directly to the township board for review.

(g)

Upon receiving the township planning commission's recommendations, the township board must hold a public hearing on the PUD request.

(1)

Notice of the public hearing must be given in the same manner as required in article IV of this chapter, for public hearings on special land use permit requests.

(2)

The township board must review the application and site plan and the planning commission and county planning commission's (if applicable) recommendations thereon, and must approve, approve with conditions, deny, or table for future consideration the application and site plan. The township board may attach conditions to its approval of a PUD proposal.

(h)

If the application and site plan are approved by the township board, the applicant and all owners of record of all property included within the PUD shall sign a development agreement, providing that the approved application and site plan shall be binding upon the applicant and owners of record or their assigned agents and upon their heirs, successors, and assigns, unless future changes are mutually agreed to by any future township board and future applicant and owners of record or the assigned agents or their heirs, successors and assigns.

(Comp. Ords. 1994, §§ 76.005, 98.000; Ord. No. 62, § 33.06, 7-17-2000; Ord. of 7-13-2006, § 16)

The following requirements expand upon and are in addition to the requirements detailed in article II, division 2 of this chapter. They shall, in all cases, be adhered to by developments in a PUD project.

(1)

Clustering. The clustering of principal and accessory use structures shall be permitted, provided that the overall density of dwelling units or lot coverage by commercial or industrial buildings which can be placed upon a lot or parcel of land shall not be exceeded, and all dimensional requirements shall not be reduced by more than 30 percent, except as otherwise provided in this chapter and except that overall lot coverage requirements and perimetal front, rear and side yard setback requirements or those specified in this article, whichever is the greater, shall be met.

(2)

PUD project location and minimum size.

a.

All PUD projects shall be limited to tracts of land having an area of at least the minimum number of acres required for the respective types of PUDs as specified in section 30-579.

b.

All PUD projects shall be restricted to sites having access to a hard-surfaced paved roadway and accepted and maintained by the county road commission or the state department of transportation.

c.

All PUD projects shall be restricted to the urban area as designated in the township's comprehensive plan.

(3)

Impact of PUD on the natural environment and existing land uses.

a.

The applicant shall submit a preliminary indication of the impact of the development upon the natural environment elements, including, but not limited to topography, vegetation, wetlands, flood areas, surface water and wildlife, prepared by a professional environmental assessment specialist.

b.

The applicant shall also provide a statement of the anticipated impact of the proposed development upon the public services, including, but not limited to education facilities, transportation system and public safety requirements and the existing land use pattern of development in the township, prepared by a professional environmental assessment specialist.

(4)

External and internal circulation and access.

a.

A dedication of a system of public roads shall be made so as to cause continuity of public access between adjacent and connecting public roads in order to provide continuous public ingress and egress to all private developments within a PUD.

b.

Each lot or principal building or structure located in a PUD project shall have frontage upon and shall have vehicular access from a public road constructed to county road commission standards.

c.

Each lot or principal building shall have pedestrian access to and from a public or private sidewalk or walkway which shall be at least five feet wide and built to normal and accepted hard surface pavement standards in accordance with local area construction practices.

d.

As property is developed as a PUD project, a sidewalk system linking all on-site principal and accessory and off-site adjacent principal uses related to the PUD shall be required unless it is demonstrated to and determined by the township board that such a system would be inappropriate or unnecessary to the on-site development or with off-site adjoining parcels. The pathway system shall be designed and constructed so as to be appropriate both for pedestrian and non-motorized transport modes. The pathway shall be no less than five feet in width and shall be built to normal and accepted hard-surface pavement standards in accordance with local area construction practices.

e.

Standards of design for widths of rights-of-way or easements for on-site service drives may be modified to adequately provide the service required. The site plan shall provide for separation of pedestrian and vehicular traffic and provide for adequate off-road parking facilities. Modifications of proposed service drives shall be reviewed and recommended by the planning commission to the township board for final approval. Modifications of service drives shall be approved as a part of the site plan.

f.

Service drive pavements may be modified as to width, but shall be no less than 22 feet in width, and shall otherwise be designed and constructed according to the standards for public roads as established by the county road commission.

g.

If public roads are to be included in the PUD, the applicant shall plan, design and build the roads to county road commission standards and specifications and have them approved by the county road commission.

(5)

Open space regulations.

a.

At least one land or land and water area, exclusive of the areas contained in the required perimetal and internal yards, setbacks and spacing between buildings, for active or passive recreation purposes or for other specified purposes, with water areas constituting not more than 25 percent of the total open space shall be provided in each PUD project.

b.

The required open space shall be:

1.

An area or areas equal to at least ten percent of the total land area exclusive of water surfaces of the PUD, and developed according to an open space development plan, which shall be incorporated as an integral part of the approved PUD site plan.

2.

For the use of the occupants and users of the PUD project or a specific phase of it, and considered as an integral component of the overall PUD.

c.

This open space may be:

1.

A recreation area;

2.

A park;

3.

A landscape setting for buildings;

4.

Gardens; or

5.

For some other functional purpose.

d.

The developer and owners shall provide financially for the mandatory perpetual care and maintenance of the open space developments and plantings through the use of deed restrictions which shall require the financial participation in the operation and maintenance cost of the open space by each owner, lease holder, renter or occupant within the PUD.

e.

The prorated open space shall be irrevocably committed by dedication to an association of the residents, either as rights in fee or easement, and retained as open space for park, recreation or other common uses. All lands dedicated in fee or easement shall meet the requirements of the township board upon recommendation of the planning commission.

f.

Buildings, structures, parking lots, drives and similar improvements may be permitted within the designated open space areas if related and necessary to the designed facilities and functions of the open space.

g.

Open space areas shall be conveniently located and accessible by pedestrians and vehicles in relation to the principal uses in the PUD.

h.

Open space areas shall meet at least minimum design and construction standards, so that they can be operated, used and maintained for the activities and functions intended.

i.

The township board may require that unique natural amenities located on the PUD site, such as ravines, rock outcrops, wooded areas, tree or shrub specimens, unusual wildlife habitats, ponds, streams, and regulated and unregulated wetlands, shall be preserved, as part of the open space system.

(6)

Parking and circulation.

a.

The parking and loading requirements set forth in article V of this chapter shall apply, except that the number of spaces required may be reduced if approved by the township board, and included as part of the site plan submitted, if justified by the applicant.

b.

The number of off-street parking spaces shall be in accordance with article V of this chapter.

(7)

Landscaping. A landscaped buffer area or screening strip, no less than 20 feet in width, shall be required when a free-standing building or structure containing a commercial, office or industrial use is located on a PUD project site adjacent to a residential zoning district or residential use. The buffer area or screening strip shall be landscaped with trees, shrubs and ground cover and may include fences, walls or berms as specified by the township board.

(8)

Utilities.

a.

Each principal and accessory building shall be connected to the township s public water and sanitary sewer systems.

b.

All PUDs shall be required to provide an adequate fire protection system as determined and recommended by the fire marshal of the fire department serving the township to the township board for final decision. In cases where an on-site system is determined to be needed, detailed drawings, plans and/or other background materials as well as written approval from the appropriate county or state agencies shall be presented as part of the site plan submitted.

c.

Each site shall be provided with an adequate surface and piped storm drainage system as approved by the county drain commissioner and the state department of natural resources and environment. Storm water retention or detention will be required and as much open drainage courses as feasible are encouraged in lieu of closed systems. Primary responsibility for maintenance of all drainage structures shall be with the HOA, ACE or AIE, as provided by subsection (12) of this section. The township board may also require the establishment of a drainage district to guarantee proper maintenance of such drainage structures.

d.

Electrical, telephone, natural gas, telecommunications, and cable television lines shall be placed underground. Surface-mounted equipment for underground lines shall be shown on the site plan and shall be screened from view.

e.

The system of paved walkways connecting all principal and accessory buildings and the system of roads and walkways shall be required of each development in the PUD and shall have the financial support for their operation and maintenance ensured through deed restrictions which shall provide that each owner, lessee, renter or occupant shall be obligated to participate in the cost of their operation and maintenance. The PUD organization's elected representatives in addition to their other duties shall function for the purpose of administering and dispensing payments for such costs.

f.

All dedicated utility systems shall conform to the township's engineering standards for development and construction.

(9)

Site design, layout and density criteria.

a.

All density and lot coverage of development in a PUD shall be computed on a net buildable lot, parcel, site or phase area basis, excluding public roads, surface water areas, wetlands, floodways, and other unbuildable areas.

b.

Residential areas may contain several different types of dwelling units and other mixed uses if it can be demonstrated to the satisfaction of the township planning commission and township board that the proposed combination will not interfere with the reasonable arrangement of lots of an area to be platted and that the overall density of dwelling units and other uses within the PUD shall not exceed that specified or computed based upon the net buildable area of the lot, parcel, site or phase, as if the same were conventionally developed within the zoning districts located within the PUD.

c.

The outdoor storage of goods and materials shall be prohibited in a PUD, except in I-Industrial Districts.

(10)

Special requirements for planned residential development PRD-PUD:

a.

The purpose of a PRD (Planned Residential Development) is to permit the development of complete residential neighborhood units as a PUD, which, because of the large acreage involved, can be planned as self-contained areas of development. It is the further purpose of a PRD to permit nonresidential uses that are oriented primarily but not exclusively to residents of the PRD as a significant component of the overall PRD concept. On the basis of the total PRD, it is further the intent of the PRD to permit the developer to vary the specific bulk, density, and area requirements of this chapter subject to the approval of the PRD plan by the planning commission and township board and the requirements as herein set forth. It is also the intent of this section to encourage the provision of different housing types when this is undertaken on the basis of an overall plan for the entire PRD area which is designed to provide for compatible land use relationships between the various housing types and nonresidential uses.

b.

Regulations limiting height, bulk, density and area by land use.

1.

Where the outer boundaries of the area proposed for a PRD abut a residential district, a strip of land around the outer boundaries shall be reserved as open space in order to provide an adequate buffer for the abutting residential district.

2.

The overall total permitted density within any PRD shall not exceed the number of dwelling units per acre or lot coverage permitted in the zoning districts in which the PRD is located. Public roads, land under water, wetlands, floodways, and other unbuildable areas shall be excluded in computing the area of the parcel for purposes of density or lot coverage.

3.

On the final development plan of any PRD, the common areas and open spaces shown on the plan may be used to complete the overall density or lot coverage in the zoning district in which the PRD is located.

4.

All yards for internal lots or sites may be reduced as follows on roads located within the PRD:

(i)

Front yards may be reduced to no less than 25 feet or the height of the building, whichever is greater.

(ii)

Side yards may be reduced to eight feet, but at least 16 feet of combined side yards shall be provided between buildings for single-family dwellings and the height of multiple family dwellings for both side yards and the spacing between buildings.

c.

Schedule of construction. In the development of a PRD, the percentage of one-family dwelling units under construction shall be at least in the same proportion to the percentage of multiple family dwelling units under construction at any one time; provided, that this requirement shall be applied only if one-family dwelling units comprise 25 percent or more of the total housing stock proposed for the PRD. Nonresidential structures shall not be built until the PRD has enough dwelling units built financially to support such nonresidential use based upon an economic feasibility study prepared by the applicant.

(11)

Special requirements for Planned Shopping Centers PSC-PUD. A PSC (Planned Shopping Center) shall be permitted as a PUD in the LC, GC, and NC zoning districts and shall comply with the following provisions:

a.

Uses permitted. Limited to the uses permitted in each of the respective LC, GC and HC Districts in which the PSC is to be located, unless an application for rezoning for the nonpermitted uses is made as a part of a type 2 PUD.

b.

Site development.

1.

Such development may occupy a site per section 30-579 and have a minimum of 300 feet of road frontage in the LC District and occupy an area per section 30-579 and a minimum of 600 feet of road frontage in the GC and HC Districts.

2.

No building shall be located nearer to any residential property line than a distance equal to three times the height of said building.

3.

No building or structure shall exceed the height limitation specified in the zoning district in which it is located, except as otherwise provided in this chapter.

c.

Screening. When a PSC-PUD project is located in or adjacent to any residential zoning district, or when located adjacent to a school, hospital, church, or other public institution or open space, an approved fence or masonry wall of not less than four feet nor greater than six feet in height shall be erected and maintained along all property lines abutting such district or use. In lieu of a fence or masonry wall, an evergreen buffer planting that may include berms that effectively screens the parking areas and service areas from adjacent properties may be planted and maintained at a height of not less than six feet.

d.

Outdoor lighting. All outdoor lighting shall be installed in such a manner that no illumination source is visible beyond all property lines.

e.

Vehicular approach. Driveways and approaches to the property shall be so designed and located as to create minimum interference with traffic on the surrounding public roads. No more than two driveways, each not to exceed 30 feet in width at the property line, shall be permitted on each road frontage of the property. Such driveways shall be located as far from road intersections as practicable, but in no case less than 50 feet.

f.

Parking and circulation. Parking shall be provided in accordance with the zoning district regulations. On-site circulation facilities shall be designed so that there shall not be backing up of traffic into public roads. All areas accessible to traffic shall be paved and maintained so as to provide a smooth, dustless and well-drained surface. Such areas shall be lighted for those hours of darkness during which establishments within the center are open for business.

g.

Applicability of district regulations. Except as otherwise indicated in this section, all applicable regulations in the LC, GC and HC Districts shall apply to a PSC located in those respective districts.

(12)

Legal mechanisms to ensure facility and open space administration, operation, maintenance and financing.

a.

Legal instruments setting forth the manner of financing permanent maintenance of common areas, utilities and facilities shall be submitted to the township Attorney for review before the township board approves a final site plan.

b.

Where a home owners' association (HOA) or an association of commercial establishments (ACE) or association of industrial establishments (AIE) is to be used to maintain common areas, utilities and facilities, the owner/developer shall file a declaration of covenants and restrictions that will govern the HOA, ACE or AIE as a part of the site plan submitted. The provisions shall include, but shall not be limited to, the following:

1.

The HOA, ACE, or AIE shall be established before any building or structure in the PUD is sold or occupied.

2.

Membership in the HOA, ACE, or AIE shall be mandatory for each building unit owner and for any successive owner and shall be so specified in the covenants.

3.

Declarations of covenants and restrictions shall be permanent parts of the deed to the property or any part of it separated by individual ownerships.

4.

The HOA, ACE, or AIE shall be made responsible for liability.

5.

Building unit owners shall pay their prorated share of all costs and this requirement shall be specified in the covenants. Assessments levied by the HOA, ACE, or AIE shall become a lien on individual property ownerships.

(13)

Project phasing.

a.

The township board may require that any PUD be developed in separate phases. If the proposed PUD is to be constructed in phases, a narrative description that describes all work to be done in each phase shall be submitted to the planning commission.

b.

A phase shall not be dependent upon subsequent phases for safe and convenient vehicular and pedestrian access, adequate public utility, water supply and wastewater disposal services, storm drainage system and open spaces, but each phase shall have that which is needed to make each phase completely functional, and shall have all of the necessary common elements planned, designed and built when needed. The township board may require completely looped water mains for each separate phase.

c.

Public or common water supply, wastewater disposal systems and hard surfaced roads are required for any and all phases of a PUD.

d.

The final plan of each PUD or any phase of it shall be in conformity with the overall general development plan of the entire acreage. Any changes or amendments requested shall terminate approval on the overall plan until such changes and/or amendments have been reviewed and approved by the township as in the instance of the first submittal.

(Comp. Ords. 1994, § 76.006; Ord. No. 62, § 33.07, 7-17-2000)

The planning commission, with the assistance of the zoning administrator and/or planning consultant, must determine and provide evidence in its report to the township board to the effect that the PUD application, site plan, and supplementary information and materials submitted by the applicant meet the following standards:

(1)

The proposed PUD development shall conform to the township master plan or conform to a land use policy which, in the planning commission's opinion, is a logical and acceptable change or modification of the adopted township master plan.

(2)

The proposed PUD development shall conform to the intent and purpose of this chapter and the regulations and standards of this PUD article, other provisions and requirements of this chapter and any other township, county, state and federal requirements.

(3)

The proposed PUD development shall be adequately served by utilities, facilities and services such as roads, sidewalks, road lights, police and fire protection, storm drainage system, water supply and wastewater disposal system, refuse disposal; or the persons, organizations or agencies responsible for the proposed PUD development shall be able to properly provide for such utilities, facilities and services not available from the township or other public agency or public utility company.

(4)

Common open space, other common properties and facilities, individual properties, and all other elements of a PUD which provide open space shall be so planned that they will achieve a unified plan for all of its functional and activity elements in appropriate locations, which are suitably planned, designed and related to each other both on-site and in relation to adjacent uses of land.

(5)

The applicant shall have made provision to ensure that all on-site utilities, facilities and services shall be irrevocably committed through recorded protective covenants or deed restrictions for that purpose, including provisions for the financing of the construction, management, operation and maintenance costs of all on-site utilities, facilities and services included in the approved site plan and supporting documentation.

(6)

Traffic to, from, and within the PUD shall be safe and convenient to the occupants and users of the project and the surrounding area. In applying this standard the planning commission shall consider, among other things:

a.

Convenient routes for automotive and pedestrian traffic;

b.

Relationship of the proposed project to main thoroughfares and road intersections; and

c.

The general character and intensity of the existing and potential land use development of the surrounding area.

(7)

The mix of housing unit types and densities, and the mix of residential and nonresidential uses shall be acceptable in terms of their interrelationships, convenience, privacy, compatibility, and other common health, safety and welfare measures.

(8)

The planning commission shall determine, where applicable, that noise, odor, light or other external effects which are connected with the proposed PUD shall not adversely affect adjacent and surrounding area land uses and activities.

(9)

The proposed PUD development shall create a minimum disturbance to natural features, land forms and the environment generally.

(10)

Roads shall be compatible with the topography, be properly spaced, and be located and aligned in accordance with the intended function of each road. The PUD shall have adequate access to the public roads. The plans shall provide suitable road connections to adjacent parcels, where applicable.

(11)

Pedestrian circulation shall be provided with the PUD and shall interconnect all PUD use area where applicable. The on-site pedestrian walkway system shall provide for a logical extension of pedestrian ways outside the PUD and to the edges of the PUD, where applicable, for future connections between the PUD and the future development of adjacent properties.

(12)

The proposed PUD application and land use or activity will be compatible with adjacent land uses, the natural environment, and the capacities of public services and facilities affected by the land use; and the land use or activity will be consistent with the public health, safety, and welfare of the township.

(Comp. Ords. 1994, §§ 76.007, 98.000; Ord. No. 62, § 33.08, 7-17-2000; Ord. of 7-13-2006, § 17)

Preliminary and final site plans may be amended in accordance with the process detailed in article II, division 2 of this chapter.

(Comp. Ords. 1994, § 76.008; Ord. No. 62, § 33.09, 7-17-2000)

The township board shall have the authority to deny or table an application for approval of a PUD site plan, land division plan or condominium land division plan if, in its opinion and after a report thereon from the planning commission, such PUD site plan, land division plan or condominium land division plan will result in premature development of the area involved, or will result in premature or improper scheduling of public improvements such as, but not limited to, roads, public water supply and wastewater disposal systems, utilities, schools and other public facilities, utilities and services.

(Comp. Ords. 1994, § 76.008; Ord. No. 62, § 33.10, 7-17-2000)

Before approving the PUD in either a preliminary or final manner, the planning commission and township board must determine that:

(1)

Provisions have been made to provide:

a.

For the financing of all improvements shown on the plan;

b.

For the development of open spaces and common areas which are to be provided by the applicant; and

c.

That maintenance of such improvements is assured by an organizational and financial means satisfactory to the township board.

(2)

Provisions have been made to reserve or otherwise provide for necessary future sites for public or common use.

(3)

The cost of installing all roads and necessary utilities, including water supply and wastewater collection and treatment, and storm drainage system, has been assured by satisfactory organizational and financial means.

(4)

The standards in section 30-585 are met.

(Comp. Ords. 1994, §§ 76.008, 98.000; Ord. No. 62, § 33.11, 7-17-2000; Ord. of 7-13-2006, § 18)

Performance guarantees shall be provided in accordance with this chapter.

(Comp. Ords. 1994, § 76.009; Ord. No. 62, § 33.12, 7-17-2000)

State Law reference— Performance guarantee, MCL 125.3505.

The purpose of this division is:

(1)

To create a process to review and permit wind energy facilities in certain areas of the township;

(2)

To create a regulatory scheme regarding the construction and operation of wind energy facilities in the township subject to reasonable restrictions;

(3)

To ensure compatible land uses in the area affected by such facilities; and

(4)

To otherwise promote the public health, safety, and welfare of the township residents.

(Comp. Ords. 1994, § 103.000; Ord. of 7-24-2008, § 2(45.02))

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Avian analysis means the avian study that this division requires to be submitted to assess the potential impact of the proposed wind energy facility on birds and bats. The avian study must, at a minimum:

(1)

Report on a literature survey for threatened and endangered bird and bat species, and any information on critical flyways;

(2)

Identify any plans for post-construction monitoring or studies; and

(3)

Include an explanation of potential impacts and propose a mitigation plan as appropriate.

dB(A) means the sound pressure level in decibels.

Decibel means the unit of measure used to express the magnitude of sound pressure and sound intensity.

FAA means the Federal Aviation Administration.

Rotor means an element of a wind energy facility that acts as a multi-bladed airfoil assembly, thereby extracting (through rotation) kinetic energy directly from the wind. The rotor includes the blades and hub together.

SCADA tower means a freestanding tower containing instrumentation such as anemometers that is designed to provide present moment wind data for use by the supervisory control and data acquisition (SCADA) system.

Sound pressure means the average rate at which sound energy is transmitted through a unit area in a specified direction. The pressure of the sound is measured at the receiver.

Sound pressure level means the sound pressure mapped to a logarithmic scale and reported in decibels (dB).

Wind energy facility means an electricity-generating facility (or similar testing facility) consisting of one or more wind energy turbines under common ownership or operating control (which may include substations, SCADA towers, cables and wires, and a building accessory to the facility) and whose main purpose is to create electricity for testing or off-site customers.

Wind energy turbine means a wind conservation system that converts wind energy into electricity (or tests the amount of wind for potential conversion into electricity) through the use of a wind turbine generator, and includes the turbine, blades, and tower, as well as related electrical equipment. This does not include wiring to connect the wind energy facility to the electrical grid.

(Comp. Ords. 1994, § 103.000; Ord. of 7-24-2008, § 2(45.03))

(a)

Wind energy facilities are permitted as special uses, after approval as required in this chapter, on property zoned AG-Agricultural District if the property is designated for agricultural use in the township's adopted comprehensive plan. Wind energy facilities are not permitted on any other properties zoned AG-Agricultural District.

(b)

Wind energy facilities are permitted as special uses, after approval as required in this chapter, on property zoned I-ART-Industrial-Automotive Research and Testing District.

(c)

The purpose of this division is to regulate the placement, construction, and operation of wind energy facilities in the township.

(Comp. Ords. 1994, § 103.000; Ord. of 7-24-2008, § 2(45.04))

(a)

Special use permit required. A person seeking to construct a wind energy facility in the township must obtain a special use permit from the township planning commission. Wind energy facilities are subject to the requirements below.

(b)

Application content. An application for a special use permit for a wind energy facility must include the following:

(1)

Applicant identification. Applicant's name, address, and contact information.

(2)

Application fee. An applicant must pay an application fee to the township board with the application for the special use permit, in an amount the township board's fee schedule requires.

(3)

Facilities and property description. The facilities and property description includes:

a.

A description of the proposed wind energy facilities, including an anticipated construction schedule.

b.

The legal description of the property on which the facilities would be located.

c.

A survey of the property, showing existing features such as contours, buildings, structures, roads, utility easements, large trees, land use, underlying zoning district, and vehicular access.

(4)

Site plan. A before and after site plan is required that shows:

a.

The physical features and land uses of the project area (both before and after construction of the proposed project); and

b.

The proposed location of the wind energy facilities, underground or overhead wiring (including depth of underground wiring), drainage facilities (if any), access roads (including width), substations, and accessory structures.

(5)

Insurance. Proof of the applicant's public liability insurance.

(6)

Certifications. Certification that applicant has and will comply with all applicable federal, state, county, and local laws and regulations (including providing a copy of any permit or approval obtained or applied for at time of the application), and that the applicant has provided all information believed to be required by this division (including section 30-616).

(7)

Decommissioning. A copy of a decommissioning plan. See section 30-617.

(8)

Avian analysis. An applicant must submit an avian study to assess the potential impact of the proposed wind energy facility on birds and bats. The avian study must at a minimum:

a.

Report on a literature survey for threatened and endangered bird and bat species, and any information on critical flyways;

b.

Identify any plans for post-construction monitoring or studies; and

c.

Include an explanation of potential impacts and propose a mitigation plan as appropriate.

(Comp. Ords. 1994, § 103.000; Ord. of 7-24-2008, § 2(45.05))

The following are the standards the planning commission will use to evaluate an applicant's request for a special use permit to locate wind energy facilities (and an application must provide information as to each standard):

(1)

Property setback. The following setbacks and separation requirements apply to all wind energy facilities:

a.

Inhabited structures. Each wind turbine must be set back from the nearest inhabited structure, including, but not limited to, a residence, school, hospital, church, or public library a distance of the greater of the following:

1.

1.5 times the height of the wind energy turbine tower (including the top of the blade in its vertical position); or

2.

1,000 feet.

b.

Public roads. Each wind turbine must be set back from the nearest public road at least 1.5 times the height of the wind energy turbine tower (including the top of the blade in its vertical position), determined at the nearest boundary of the underlying right-of-way for the public road.

c.

Property line setbacks. Except as to inhabited structures and public roads, each wind turbine must be set back from all property lines at least 1.5 times the height of the wind energy turbine tower (including the top of the blade in its vertical position).

d.

Communication and electrical lines. Each wind turbine must be set back from all above-ground electric power lines and telephone lines at least 1.5 times the height of the wind energy turbine tower (including the top of the blade in its vertical position).

e.

Tower separation. Wind turbine separation is to be based on industry standards, manufacturer recommendation, and the characteristics of the particular proposed site location. At a minimum, though, there should be a separation between wind turbines of at least three times the turbine rotor's diameter, and the wind energy facility must be designed to minimize disruption to farmland activity.

f.

Certification. After completion of construction, the applicant must certify that all construction is completed consistent with the wind energy facility special use permit, and that appropriate security is in place to restrict unauthorized access to the wind energy facilities.

(2)

Minimum ground clearance. The blade tip of any wind turbine must, at its lowest point, have ground clearance that is at least 75 feet.

(3)

Wind tower height (total height).

a.

The total height of a wind turbine facility may not exceed 275 feet from existing grade, measured to the top of the blade in a vertical position.

b.

The applicant must demonstrate compliance with the state tall structures act and FAA guidelines as part of the approval process.

(4)

Visual appearance.

a.

Wind turbines must be painted a non-reflective, non-obtrusive color.

b.

At wind energy facility sites, the design of the associated buildings and related structures must, to the extent reasonably possible, use materials, colors, textures, screening, and landscaping that blends the wind energy facility into the natural setting and existing environment.

c.

Wind energy facilities must not be artificially lighted, except to the extent required by the FAA or other applicable authority.

d.

Wind turbines may not be used for advertising, except for reasonable identification of the manufacturer or operator of the wind energy facility. Signs must comply with sign regulations in this chapter.

e.

Electrical controls, control wiring, and power lines must be wireless or below ground, except where wind farm collector wiring is brought together for connection to the transmission or distribution network, adjacent to that network.

(5)

Noise.

a.

The audible noise level from the operation of any wind energy facility must be less than 55 dB(A), measured from the property line closest to the wind energy facility. The applicant shall provide reasonable evidence that the proposed facility will comply with this standard.

1.

Notwithstanding the above, the sound pressure level may exceed the 55 dB(A) level during short-term events, such as utility outages or severe wind storms.

2.

Audible noise levels are to be measured using a standard sound level meter operated on the "A" weight scale with "slow" meter response. The township should regularly check the meter to ensure it properly measures the actual audible noise levels.

b.

If noise levels from a wind energy facility exceed the criteria listed above, the applicant may request a variance from the audible noise level in this chapter.

(6)

Construction codes, tower, and interconnection standards.

a.

A wind energy facility must comply with all applicable state and local construction and electrical codes, and building permit requirements.

b.

A wind energy facility must comply with FAA requirements, the airport zoning act, Public Act No. 23 of 1950, Ex. Sess. (MCL 259.431 et seq.), the tall structures act, Public Act No. 259 of 1959 (MCL 259.481 et seq.), and any local airport overlay zone regulations.

c.

If the wind energy facility is interconnected to the electric utility grid, it must comply with state public service commission and Federal Energy Regulatory Commission standards. Off-grid facilities are exempt from this requirement.

(7)

Safety.

a.

A wind energy facility must contain the following:

1.

An automatic braking, governing, or feathering system to prevent uncontrolled rotation or over-speeding.

2.

Lightning protection.

b.

All wiring between a wind energy facility and the wind energy turbine must be underground.

c.

If supported by guy wires, the wires must be clearly visible to a height of at least six feet above the guy wire anchors.

d.

A wind turbine tower must be non-climbable on the exterior beyond 15 feet above ground level.

e.

All access doors to wind turbine towers and electrical equipment must be lockable.

f.

Appropriate warning signage must be placed on wind turbine towers, electrical equipment, and wind energy facility entrances. These signs are exempt from the sign regulations elsewhere in this chapter.

g.

Applicant must take appropriate steps to maintain the access roads, and discourage trespassers (through gates, etc.).

(8)

Signal interference.

a.

A wind energy facility may not be installed in any location where its proximity to existing fixed broadcast, retransmission, or reception antennas for radio, television, or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception. This prohibition is inapplicable if the applicant provides a replacement signal for the affected party that restores reception to at least the level present before operation of the wind energy facility.

b.

Except where the interference is insignificant, a wind energy facility may not be installed in any location within the line of sight of an existing microwave communications system where operation of the wind energy facility is likely to produce electromagnetic interference in the link's operation.

c.

Notwithstanding the above, an approval may be issued if the applicant demonstrates an ability to remedy any interference described above through use of signal repeaters or other proven mitigation measures.

(Comp. Ords. 1994, § 103.000; Ord. of 7-24-2008, § 2(45.06))

(a)

The applicant must also submit a plan describing the intended disposition of the alternative energy project at the end of its useful life, and describe any agreement with a landowner regarding equipment removal upon termination of the use. Any facility left unused or inoperable for over 24 months is deemed to be abandoned, whereupon the land must be returned to its pre-facility use state.

(b)

The applicant must post a performance bond or equivalent financial instrument for decommissioning.

(Comp. Ords. 1994, § 103.000; Ord. of 7-24-2008, § 2(45.07))