The development and execution of this section is based upon the division of the township into districts within which the uses of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are special land uses that, because of their unique characteristics, should not be permitted without consideration, in each case, of the impact of those uses upon neighborhood land. These include uses publicly operated or uses traditionally affected with a public interest and uses entirely private in character, but of such unusual nature that their operation may revise to unique problems with respect to their impact on neighboring property or public facilities.

(Ord. of 3-21-2005, § 2200)

1.

Initiation of special land use. Any person having a freehold interest in land, a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest, and which is specifically enforceable, may file an application to use the land for one or more of the special land uses provided for in this section.

2.

Application of special land use. An application for special land use shall be filed with the building inspector on a form prescribed by the township. The application shall be accompanied by any plans or data prescribed by the building inspector and shall include, as a minimum, the requirements of site plan review as noted in section 2710. The application shall also include a written statement by the applicant and adequate evidence showing that the proposed special land use will conform to the standards set forth in this section. The application shall also be accompanied with a fee determined by resolution of the township board to cover the expense of public hearing and the cost of processing the review.

3.

Public hearing. The planning commission shall carry out review and approval of a special land use, after public hearing. Notice of the public hearing shall be given in accordance with section 2805.

4.

Standards. The planning commission shall not approve a special land use unless it finds as follows:

a.

The establishment, maintenance or operation of the special land use will not be detrimental to or endanger the public health, safety or general welfare or the natural environment;

b.

The special land use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor shall it substantially diminish or impair property values within the neighborhood;

c.

The establishment of the special land use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;

d.

Adequate utilities, access roads, drainage and necessary facilities have been or are being provided;

e.

Adequate measures have been or will be taken to provided ingress or egress so designed as to minimize traffic congestion on the public streets; and

f.

The special land use shall in all other respects, conform to the applicable regulations of the district in which it is located and to any additional conditions or procedures as specified in this ordinance.

5.

Conditions and guarantees. Prior to granting any special land use, the planning commission shall stipulate that conditions and restrictions upon the establishment, location, construction, maintenance and operations of the special land use as deemed necessary for protection of the public interest and to secure compliance with the standards and requirements specified in this section. In all cases in which special land uses are granted, the planning commission shall require any evidence and guarantees deemed necessary as proof that there is compliance with any conditions stipulated in connection with the approval. Any conditions imposed shall remain unchanged except upon the mutual consent of the planning commission and the land owner. The planning commission shall maintain a record of changes granted in the conditions.

6.

Effect of denial of a special land use. No application for a special land use which has been denied wholly or in part by the planning commission shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the planning commission.

7.

Revocation.

a.

If a special land use is not established within one year of the date authorization was granted for the use, the authorization shall automatically be null and void.

b.

Approval for a special land use can be revoked by the planning commission under the same procedure used for approval if it is found that it no longer meets the standards of this ordinance.

(Ord. of 3-21-2005, § 2205)

The following are uses identified as special land uses accompanied by the provisions or conditions that must be met in order to be approved:

1.

Home occupations, subject to the following:

a.

The exterior appearance of the structure shall not be altered or the occupations within the residence be conducted in a manner which would cause the premises to differ from its residential character, either by the use of colors, materials, construction, lighting, signs or the emission of sounds, noises or vibrations.

b.

No more than one person, other than members of the immediate family occupying the dwelling, shall be employed.

c.

The occupations shall occupy no more than 25 percent of the floor area of the dwelling.

d.

There shall be no outside storage of any kind related to any home occupation.

e.

The use may not increase vehicular traffic flow and parking by more than one additional vehicle at a time, unless off-street parking space as set forth in the off-street parking regulations in article 19 is provided.

f.

Mechanical or electric equipment in connection with the home occupation shall be comparable to machinery or equipment customarily found in a home that is associated with a hobby or avocation.

g.

Only one nameplate shall be allowed in accordance with the sign regulations at 144 square inches. The nameplate may display only the name of the resident, the business or occupation of the resident or address.

2.

Manufactured one-family detached dwelling units may be permitted after review and approval of an applicant's request, subject to the following:

a.

The applicant shall submit such plans, photographs, elevations and similar documentation as deemed necessary to permit a complete review and evaluation of the proposal.

b.

In reviewing any such proposed dwelling unit with respect to items 7(5) through 7(8) of section 415.2.a, architectural variation shall not be discouraged but reasonable compatibility with the character of residential dwelling units shall be provided, thereby protecting the economic welfare and property value of surrounding residential areas and of the township at large.

3.

Churches and other facilities normally incidental thereto, subject to the following conditions:

a.

The site shall contain a minimum of three acres, exclusive of any dedicated public road right-of-way.

b.

All principal buildings shall have a setback of not fewer than 50 feet unless exceeded by the requirements of section 420.2.

c.

Off-street parking spaces and drives or aisles shall not be located within 20 feet of a side or rear lot line when such lot line abuts an RSA or RU-1 district. This minimum setback area shall be landscaped as a greenbelt and shall include the wall or berm as required by section 2055.

d.

All accessory buildings shall have a setback of not fewer than 50 feet from any RSA or RU-1 district unless such district is occupied by an existing use other than one-family detached dwellings and unless exceeded by the requirements of section 415.

e.

Garages for the storage of or the outside storage of more than two buses or vans shall not be considered as normally accessory to a church use.

4.

Public utility buildings, telephone exchange buildings, electric transformer stations and substations, and gas regulator stations when operating requirements necessitate locating within the district in order to serve the immediate vicinity, provided that:

a.

Building setbacks shall not be less than 40 feet.

b.

A landscape plan shall be submitted in accordance with section 2050.

5.

Private noncommercial recreation areas, institutional or community recreation centers, a nonprofit swimming pool club, all subject to the following restrictions:

a.

Any use permitted in this subsection shall be developed only on acreage of at least two acres in area, and shall not be permitted on a lot or group of lots of record of less than two acres.

b.

The proposed site for any of the uses permitted in this subsection which would attract persons from, or are intended to serve, areas beyond the immediate neighborhood shall have at least one property line abutting a major or secondary thoroughfare or collector street as designated on the thoroughfare plan.

c.

Setbacks shall be at least 80 feet and shall be landscaped in trees, shrubs and grass. All such landscaping and planting shall be maintained in a healthy, growing condition, neat and orderly in appearance. Setbacks adjacent to nonresidential districts or uses shall not be fewer than ten feet.

d.

Buildings erected on the premises shall not exceed one story or 15 feet in height except where due to topography a lower level shall be permitted when such lower level is entirely below the grade of the major thoroughfare abutting the parcel in question.

e.

Off-street parking shall be provided so as to accommodate at least one-half of the member families and/or individual members. Bylaws of the organization shall be provided to the planning commission in order to establish the membership involved for computing parking requirements. In those cases wherein the proposed use organization does not have bylaws or formal membership, the off-street parking requirement shall be determined by the planning commission on the basis of use.

f.

Whenever a pool is involved, such pool area shall be provided with a protective fence five feet in height and entry shall be provided by means of a controlled gate or turnstile.

g.

The organization proposing any such use permitted in this subsection shall have at least two-thirds of its membership composed of residents of the township.

6.

Golf courses, not including driving ranges or miniature golf courses, which may or may not be operated for profit subject to the following conditions:

a.

The site shall contain a minimum of 80 acres.

b.

Accessory uses not strictly related to a golf course which are generally of a commercial nature such as a restaurant and bar shall be housed in the main clubhouse. Accessory uses which are strictly related to the operation of the golf course itself, such as a maintenance garage and pro shop or golf shop, may be located in separate structures.

c.

Buildings, outdoor swimming pools, tennis courts or similar concentrated recreation use areas (not including fairways or greens) shall have setbacks of not fewer than 200 feet.

d.

Lighting of playing areas of the golf course for night use shall be prohibited.

e.

The minimum number of off-street parking spaces to be provided shall be six spaces per hole plus one space per employee plus spaces as required under section 1900, off-street parking requirements for each accessory use, such as a restaurant or a bar.

f.

Whenever a swimming pool is to be provided, said pool shall be enclosed with a protective fence five feet in height, and entry shall be by means of a controlled gate.

7.

Colleges, universities and other such institutions of higher learning, public and private, offering courses in general, technical, or religious education and not operated for profit, subject to the following conditions:

a.

Any use permitted herein shall be developed only on sites of at least 40 acres in area, and shall not be permitted on any portion of a recorded subdivision plat.

b.

Buildings and other uses of land, except landscape passive areas, shall have setbacks of at least 100 feet.

c.

Height of buildings in excess of the minimum requirements may be allowed if, in the opinion of the planning commission, such exception would create interest and variety in the visual environment.

d.

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

8.

Hospitals, provided that the following conditions are met:

a.

All such hospitals shall be developed on sites consisting of at least 20 acres in area.

b.

In the event one or more boundaries of the proposed site lies opposite or continuous to a residential property, the minimum distance between any hospital structure or accessory use and the residential property boundary shall be at least 100 feet for buildings 30 feet or less in height, the building shall be set back from the initial 100-foot setback an additional one foot for each foot of additional height above 30 feet.

c.

The minimum setback from any street line shall not be fewer than 40 feet for buildings 30 feet or less in height, while buildings above 30 feet shall be set back an additional one foot for each foot of height above 30 feet regardless of the zoning district in which it is situated.

d.

The minimum setback from any nonresidential interior lot line shall not be fewer than 25 feet.

9.

Convalescent and/or nursing homes, when the following conditions are met:

a.

The site shall be so developed as to create a land to building ratio on the lot or parcel whereby for each one bed in the convalescent home there shall be provided not less than 1,500 square feet of open space. The 1,500 square feet of land area per bed shall provide for landscaping, off-street parking, service drives, loading space, yard requirements and space required for accessory uses.

b.

No building shall be closer than 40 feet from any property line and any use permitted herein may not be located in the interior of any block unless it is situated next to multiple family type housing or nonresidential land use.

10.

State licensed adult foster care group homes for seven to 20 adults. A state licensed residential care facility pursuant to the requirements of state law, namely Section 206 of Public Act No. 110 of 2006 (MCL 125.3206), as amended, provided further that:

a.

The facility is within the meaning and intent of residential care facilities as defined by Public Act No. 218 of 1979 (MCL 400.701 et seq.), as amended, which provides resident services for six or fewer persons under 24-hour supervision.

b.

No licensed facility shall be located within a 1,500-foot radius of an existing licensed facility.

c.

No building shall be located closer than 60 feet to any property line. Front yard setbacks shall be 75 feet.

d.

All ingress and egress to the off-street parking area, for guests, employees and staff, as well as others users of the facility, shall be designated side or rear yard and shall be accessible directly from a major or secondary thoroughfare or collector road.

e.

The gross land area of the site shall be not less than 5,500 square feet for each bed in the care facility. This land area shall provide for on-site water supply and sewage disposal as well as provide for landscape setbacks, off-street parking, service drives, loading space, yard requirements and space for accessory uses.

f.

Additional land area may be required if deemed necessary by the county health department for adequate on-site sewage disposal.

11.

Nursery schools, day nurseries, and day care centers, subject to the following conditions:

a.

At least one side lot line of the zoning lot abuts an RMC, RM, MHP, AR, O, C, I, or P-1 district or a site occupied by a use other than one-family residential in a RSA or RU-1 district.

b.

The site shall contain a minimum area of one acre, exclusive of any dedicated public road rights-of-way.

c.

All principal buildings shall have a setback of not fewer than 40 feet unless exceeded by the requirements of section 425.2.

d.

All accessory buildings shall have a setback of not fewer than 40 feet from any one-family residential district unless occupied by an existing use other than a one-family detached dwelling and unless exceeded by the requirements of section 425.2.

e.

An outdoor play space shall have a total area of 5,000 square feet or 150 square feet for each child, whichever is the greater.

12.

Automobile carwashes subject to the following:

a.

All washing facilities shall be within a completely enclosed building.

b.

Vacuuming and drying areas may be located outside the building but shall not be in any required yard abutting a street.

c.

Access points shall be located at least 200 feet from the intersection of any two streets.

d.

All off-street parking and waiting areas shall be hard surfaced and dust free.

e.

One traffic land shall be provided as a means of exiting the facility without having to enter the carwash building; such lane shall be in addition to those, which would be used by customers obtaining gasoline and waiting in line for the carwash. Such lane shall not be counted as part of the required reservoir parking space.

f.

Reservoir stacking space equal in number to five times the maximum capacity of the auto wash shall be provided. Maximum capacity shall mean the greatest number of vehicles possible undergoing some phase of washing at the same time, which shall be determined by dividing the length in feet of each wash line by 20.

g.

All buildings, vehicular stacking spaces, vacuuming or other outside use areas, except employee parking, shall have a minimum setback of 100 feet from a residential district, unless the district is separated by a major or secondary thoroughfare or collector street.

13.

Outdoor sales space for exclusive sale of new or secondhand automobiles, house trailers, or rental of trailers or automobiles, subject to the following:

a.

The lot or area shall be provided with a permanent, durable, and dustless surface, and shall be graded and drained so as to dispose of all surface water accumulated within the area.

b.

Ingress and egress to the outdoor sales area shall be at least 60 feet from the right-of-way intersection of any two streets.

c.

No major repair or major refinishing shall be done on the lot.

d.

Display of vehicles is, for the purposes of this ordinance, an accessory use. Such use may be permitted within a front yard except that a 20-foot landscaped open space shall be provided between any street and the display area.

14.

Motels or hotels, subject to the following conditions:

a.

Ingress and egress shall be provided so as not to conflict with the adjacent business uses or adversely affect traffic flow on a major thoroughfare.

b.

Each unit shall contain no less than two 200 square feet of floor area.

c.

Guests shall not establish residence at a motel for more than 30 days within any calendar year.

15.

Drive-in restaurants subject to the following:

a.

Vehicular access drives to a drive-in restaurant shall be located at least 60 feet from the right-of-way of any intersecting street.

b.

No spaces set aside for the stacking of vehicles waiting to be served from a drive-in window shall be closer than 45 feet to any adjacent residential zoning lot, except when such lot is occupied by use other than a residential use.

16.

Business in the character of a drive-in or open front store, subject to the following conditions:

a.

Ingress and egress points shall be located at least 60 feet from the right-of-way intersection of any two streets.

b.

A minimum of five vehicle stacking spaces shall be provided per drive-through lane with a minimum of three additional spaces for the location at which orders are taken. Stacking lanes shall have a minimum width of eight feet and shall not conflict with parking or ingress and egress drives. The length of one stacking space is 20 feet. Stacking shall not be permitted within a required front yard.

17.

Veterinary hospitals or clinics, subject to the following conditions:

a.

All activities shall be conducted within a totally enclosed building,

b.

All buildings shall have a minimum setback of 100 feet from any RSA, RU-1 or RM district unless the district is separated from the use by a major or secondary thoroughfare.

18.

General automotive repairs when the following conditions are met:

a.

All activities shall be conducted within a completely enclosed building.

b.

Outside storage of vehicles or parts must be completely screened from public streets or residential districts in accordance with section 2055 obscuring walls and landscaped berms.

c.

No outside storage of discarded or salvaged materials, junk vehicles or junk parts shall be permitted on the premises.

d.

Main buildings shall have a minimum setback of 100 feet from an R, RMC or RM district unless the district is separated from the use by a major or secondary thoroughfare or collector street.

19.

Gasoline service stations and light automotive repair, as defined in this ordinance, subject to the following conditions:

a.

The minimum lot area shall be one-half acre.

b.

A minimum frontage of 120 feet must be provided on any one road.

c.

A maximum of two drives shall be permitted for interior parcels.

d.

The curb cuts for ingress and egress to a service station shall not be permitted at such locations that will tend to create traffic hazards in the streets immediately adjacent thereto. Entrances shall be no less than 50 feet from a street intersection (measured from the road right-of-way) or from adjacent residential districts.

e.

Off-street unloading space for liquid fuels, of ten feet by 50 feet, shall be provided but may be located in any required yard, notwithstanding section 1910. If the use includes floor space for the sale of convenience items, an additional unloading space shall be provided in the ratio of at least ten square feet per front foot of building. Such space shall not be located in the front yard.

f.

Outside storage of vehicles or parts shall be prohibited.

g.

Repair work shall be permitted as an accessory use only.

20.

Oil change facilities upon the condition that three stacking spaces shall be provided for each stall, rack or pit and subject to the following:

a.

Stacking lanes shall have a minimum width of eight feet and shall not conflict with parking or ingress and egress drives.

b.

The length of one stacking space is 20 feet.

c.

Stacking shall not be permitted within a required front yard.

21.

Bowling alleys, indoor archery ranges, indoor tennis courts, indoor skating rinks or similar form of indoor commercial recreation, provided that main buildings shall have a minimum setback of 100 feet from an RSA, RU-1 or RMC district unless the district is separated from the use by a major or secondary thoroughfare.

22.

Outdoor space for seating areas accessory to a restaurant subject to the following conditions:

a.

Such outdoor space shall not be located within 200 feet of a residential district or the residential portion of a PUD, unless separated from such residential area by a major or secondary thoroughfare.

b.

The floor area devoted to such use shall not exceed 400 square feet or 50 percent of the usable floor area of the principal use, whichever is the greater.

c.

No outside sound amplification or loudspeakers shall be permitted.

d.

The conduct of such use shall not interfere with pedestrian circulation to and from adjacent uses or on sidewalks nor interfere with the sight distances of vehicular traffic.

e.

Such outdoor use may be located in a required setback, provided that there are no permanent structures and provided that required open space areas and landscaped setbacks are not utilized for this purpose.

f.

Off-street parking shall be provided on the basis of one space for each 100 square feet of usable floor space.

g.

Exterior lighting fixtures shall not be located more than ten feet above the grade level below the light fixture, and the light source shall be totally shielded with opaque material on all sides and on top and the plane of the light diffusing media shall be parallel to the horizontal plane of the area to be lighted.

23.

Ministorage buildings, with limited access to the building from outside, when the following conditions are met:

a.

Doors providing access to individual storage units shall not be permitted on the front yard side of the building, or on any side abutting a public street, a residential district or the residential portion of a PUD.

b.

Building facades adjacent to a residential district, the residential portion of a PUD or a public street shall be of the same finish material and be similar in appearance to the facade of the building abutting the front yard.

c.

Vehicular aisles providing access to units on both sides of the aisles, whether interior or exterior, shall be not fewer than 30 feet wide.

d.

Aisles providing access to units on only one side of the aisle shall not fewer than 24 feet wide, provided that there is more than one aisle available for circulation around a building. If there is only one aisle, then the aisle shall be not fewer than 30 feet wide.

e.

There shall be no outdoor storage and no storage of hazardous, toxic or volatile substances.

f.

The maximum percent of the zoning lot area covered by buildings shall be 50 percent.

g.

For any building facade that exceeds 200 feet in length, the setback of that portion of the building shall be increased by an additional one foot for each ten feet of length, provided that if greater setbacks are required by other sections of this ordinance, the greater setback shall be provided.

24.

Retail sales of plant material not grown on the site, and sales of lawn furniture, playground equipment and garden supplies; provided that such use shall be located at the exterior end of the building mass located in a C-3 district and not near the intersection of two thoroughfares.

25.

Automobile service centers when the following conditions are met:

a.

Light automobile repair uses shall be a part of a large planned shopping center designed so as to integrate the uses within the site plan and architecture of the total shopping center; and

b.

A building permit shall not be issued separately for the construction of any light automobile repair use within the C-3 district.

26.

Industrial uses of a similar nature to the uses permitted in section 1505 and no more objectionable character and which will not be injurious or have an adverse effect on adjacent areas, and may, therefore, be permitted subject to such conditions, restrictions and safeguards as may be deemed necessary in the interest of public health, safety and welfare.

27.

Indoor tennis or racquet court facilities, indoor ice or roller skating arenas and other similar uses which require large structures such as are normally found in industrial districts. The main building shall have a minimum setback of 100 feet from an RSA or RU-1 district unless the district is separated from the use by a major or secondary thoroughfare or collector street.

28.

Adult entertainment facilities, subject to the following conditions:

a.

No adult entertainment facility shall be permitted within 400 feet of a church or public or private school property.

b.

No adult entertainment facility shall be permitted within 400 feet of a residence or a district zoned for residential use.

c.

The distances provided in this section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property line upon which the proposed use is to be located and the zoning district boundary, property or residence from which the proposed land use is to be separated.

29.

Junkyards, provided the following conditions are met:

a.

The site is located not closer than 1,000 feet to any residential district.

b.

The minimum zoning lot shall be not fewer than 40 acres. The planning commission will determine, as a function site plan review, what percentage of the property should be used for storage or disassembly functions and what portions are needed to effectively screen the use from public view.

c.

The use shall have direct frontage on a road classified as a major or secondary thoroughfare.

d.

The site shall be located within one mile of a state highway, federal highway or freeway interchange.

e.

Such uses must be entirely enclosed within a building or within solid masonry or brick obscuring wall a minimum of eight feet high.

f.

No articles shall be stacked or piled so as to exceed the height of the wall.

g.

There shall be no burning on the site.

h.

All industrial processes involving the use of equipment for cutting, compressing, or packaging shall be conducted within a completely enclosed building.

30.

Storage facilities for building materials, sand, gravel, stone, lumber, storage of contractor's equipment and supplies, subject to the following conditions:

a.

Such use shall be enclosed within a building or within an obscuring wall, fence or berm on those sides abutting all residential or business districts, and on any yard abutting a public street.

b.

The extent of such wall, fence or berm may be determined by the planning commission on the basis of use.

c.

Such wall, fence or berm shall not be less than six feet in height, and may, depending on land usage, be required to be eight feet in height. A chainlink type fence, with heavy evergreen shrubbery inside of said fence, may be considered to be an alternative to a wall or berm.

31.

Heating and electric power generating plants, provided that outside storage shall be completely screened from adjacent roads or residential districts with landscape berms.

32.

Outdoor theaters subject to the following conditions:

a.

Vehicular access shall be directly to a major or secondary thoroughfare.

b.

All vehicles waiting or standing to enter the facility shall be provided off-street parking and waiting space and vehicles shall not be permitted to wait or stand within a public dedicated right-of-way.

c.

All lighting used to illuminate the area shall be installed so as to be directed to and be confined to the premises.

33.

Commercial or public television or radio towers, public utility transmitting towers, public utility microwaves and their attendant facilities, provided that the tower shall be located centrally on a continuous parcel having a dimension of at least equal to the height of the tower measured from the center of the base of the tower to all points of each property line.

34.

Nursery gardens and garden supplies subject to the following conditions:

a.

The zoning lot shall contain a minimum area of ten acres.

b.

Vehicular access shall be in accordance with section 2020.3.

c.

No building or storage area shall be permitted closer than 100 feet to any residence outside the boundary of the site.

d.

No building, structure or storage area shall be located closer than 50 feet to any public right-of-way.

35.

Solid waste and/or sanitary landfills subject to:

a.

State statutes.

b.

The township's natural resource recovery ordinance and sanitary landfill licensing ordinance.

c.

This use shall not be permitted in any definable surface water runoff, catchment area, or floodplain.

d.

The zoning lot shall contain a minimum area of five acres. Said parcel shall have one property line abutting a paved road or have access across private property to a paved public road.

e.

Vehicular access to the site shall be directly from a major or secondary thoroughfare.

f.

The use shall not be permitted when the number of dwelling units within a one-half mile radii of the boundary of the zoning lot exceeds one unit for each five acres on the total land area within these radii.

g.

The use shall not be permitted when a group of ten or more dwelling units or lots for such dwelling units are within 500-foot radii of the boundary of the zoning lot.

h.

All uses shall be enclosed by a fence, six feet or more in height on all property lines and access shall be by a gate of the same height.

i.

All areas within any development shall be rehabilitated progressively as they are worked out or abandoned so that they shall be:

(1)

Lacking hazards;

(2)

Inconspicuous; and

(3)

Blended with surrounding ground contours.

j.

All permitted installations shall be maintained and operated in a neat, orderly condition so as to prevent discharge of materials deposited on the property to other properties and so as to prevent injury to any other property, individual, or the township in general.

36.

Natural resource recovery/earth removal subject to:

a.

State statutes.

b.

The township's natural resource recovery ordinance.

c.

Nothing herein shall be construed to prohibit the disposition of clean earth (absent from foreign matter such as building materials, refuse, garbage, chemical or industrial wastes), or the moving of earth in connection with a building permit.

d.

No earthen fill materials shall be permitted within any definable surface water runoff, catchment area or floodplain.

e.

No excavation, truck parking, material storage, or fill shall take place within 200 feet of a dwelling unit, a residential lot of record, or any residential district. Such activity may take place not closer than 50 feet to any other property line. Sublateral support shall be provided to surrounding property.

f.

No fixed machinery or temporary buildings shall be erected or maintained within 50 feet of any property line.

g.

No slope shall exceed an angle of 45 degrees with the horizontal.

h.

Access to the property shall be directly to a major or secondary thoroughfare. That portion of access road within the property shall be provided with a dustless surface.

i.

The planning commission shall establish routes for truck movement in order to ensure minimum wear on public streets and damage to community properties.

j.

All operations adjoining a residential use or residential district shall be screened as per section 2055.

k.

Permitted installations shall be maintained in a neat orderly condition so as to prevent injury to other properties, any individual, or the township in general.

l.

A schematic land use plan for potential development of the site, after removal or recovery is complete, shall be submitted for review by the planning commission.

m.

All areas within the development shall be rehabilitated progressively as they are worked out or abandoned so that they shall be:

(1)

Lacking hazards;

(2)

Excavated areas shall be graded so that no gradient is steeper than three horizontal to one vertical;

(3)

A layer (four inches minimum) of top soil, as approved by the building inspector, shall be spread over the excavated areas, except areas lying below water level in accordance with a contour plan approved by the planning commission; and

(4)

The area shall be seeded with perennial rye grass and maintained until the area is stabilized and approved by the planning commission.

37.

Private recreational parks, facilities or sports stadiums, subject to the following conditions:

a.

The minimum zoning lot shall not be less than 80 acres except that the planning commission may permit the use on a smaller parcel of land if the minimum size cannot be achieved because of extraordinary circumstances.

b.

Vehicular access to the site shall be directly from a major or secondary thoroughfare.

38.

Commercial airport/landing fields, together with accessory buildings and hangers, offices, repair shops, and incidental uses, subject to the following conditions:

a.

The minimum area required for commercial airport/landing field and/or facilities improvements shall be 160 acres.

b.

Vehicular access to the site shall be directly from a major or secondary thoroughfare.

c.

The planning commission shall be assured that there is a clear and unobstructed 50:1 glide slope approach to all landing strips and that no obstruction falls within the required approach zones.

39.

Private aircraft landing strips subject to the following conditions:

a.

The minimum parcel size and lot dimension configuration must be adequate to permit a runway easement of at least 250 feet by 2,000 feet.

b.

The planning commission shall be assured that there is a clear and unobstructed glide slope approach to the landing strip.

40.

Forestry, including commercial logging operations, clearing, or destruction of forested or wooded areas, selective cutting or clearing for commercial or other purposes, or clearing of vegetation, subject to the following standards and regulations:

a.

Clear-cutting of all vegetation shall not exceed areas of more than five acres or more than 20 percent of the forest, whichever is less, except where pursuant to a state forestry cutting program or where class I, II or III agricultural soils are to be converted to agricultural uses.

b.

A reforestation program shall be submitted which shall show a program for re-establishment of the forest on a sustained-yield basis, except where clearing is for agricultural use as in subsection a. above.

c.

For commercial uses, a long-range cutting program shall be submitted to ensure that the forest is retained as an entity during the entire program. Such a program shall indicate the condition of the forest on a map showing:

(1)

Adjoining lands and neighbors;

(2)

The year of each cutting and reforestation; and

(3)

Species of trees in reforestation.

d.

For clearing purposes, the proposed future use must be stated if any is identified.

e.

All plans shall show how the general habitat and visual block of the forest is to be maintained so that the forest retains its visual and habitat qualities at all stages of the long-range cutting plan.

f.

Post a bond to ensure reforestation.

g.

Sign an agreement to be recorded that no cutting or clearing shall be considered to reduce the area of forest for any development.

41.

Publicly owned and operated utility or service facilities, with negative impact, subject to the following:

a.

Any facility, which may have offensive odors or is otherwise unsightly, shall have a land area sufficiently large enough to overcome any potential detrimental impacts of odors or unsightliness. This determination will be made by the planning commission as a function of the approval of the site development plan.

b.

Where there are potentially offensive odors, noise or air pollution, the facility which is the cause of said emissions shall not be situated within 1,000 feet of a lot line in the direction of the prevailing summer wind pattern and 300 feet from all other lot lines.

c.

Where there are potentially unsightly conditions associated with the use, such conditions shall not be located within 300 feet of any lot line. Other appropriate measures shall also be employed to screen unsightly land uses.

d.

The planning commission shall determine whether or not such facility must have direct access to a major or secondary thoroughfare.

42.

Bed and breakfast as a secondary use subject to the following conditions:

a.

The principal use of the zoning lot is one-family residential and is owner occupied at all times.

b.

The zoning lot conforms with the lot area and width requirements and the building conforms with the height and setback requirements of article 18 schedule of regulations.

c.

Vehicular access to the zoning lot shall be in accordance with section 2020.3.

d.

No more than 35 percent of the residential floor area of the dwelling unit shall be used for bed and breakfast sleeping rooms.

e.

One off-street parking space shall be provided for each leasable bedroom in addition to the two residential spaces and shall be subject to the applicable requirement of section 1905.

f.

Low intensity outside lighting for nighttime security and safety may be permitted subject to approval of the planning commission.

g.

One nonilluminated sign, not more than two square feet in area and, if freestanding, not more than 4½ feet high may be permitted. Such sign may be permitted within a minimum yard setback area but shall not be nearer than ten feet to any road right-of-way and shall adhere to the requirements of section 2025 corner clearance.

43.

An industrial solar energy collector system is subject to the following:

A.

The parcel lines of a parcel of property upon which an industrial solar energy collector system is constructed shall be at least 125 feet from any parcel line of a parcel of property upon which is located any residential dwelling, church, school, family or group child day-care home, bed and breakfast establishment, or any other residential facility.

B.

An industrial solar energy collector system shall be constructed upon a parcel of property which has an area of at least 30 acres.

C.

An industrial solar energy collector system must be located at least 125 feet from any lot line of the parcel of property upon which it is located.

D.

An industrial solar energy collector system must include access roads which are at least 30 feet wide and which are paved or graveled in a manner sufficient to provide a solid base at all times of the year.

E.

An industrial solar energy collector system must have a landscape buffer between any lot line and any structure of the industrial solar energy collector system that is at least 20 feet wide. The landscape buffer must have evergreen trees planted no more than eight feet apart. The evergreen trees must be four feet tall when planted and reach a height of at least ten feet within three growing seasons.

F.

An industrial solar energy collector system must be surrounded by an eight foot tall chain link fence woven with green opaque material which restricts the view into the industrial solar energy collector system. The fence shall be installed at the setback line for the facility. The fence shall be designed to restrict unauthorized access. The gate must be the same height and constructed in the same manner as the fence. All structures must be at least 30 feet from the fence.

G.

An industrial solar energy collector system must be 15 feet or less in height.

H.

An industrial solar energy collector system must be located in the least visibly obtrusive location where panels would be functional.

I.

An industrial solar energy collector systems must conform to all standards of the zoning district in which it is located.

J.

An industrial solar energy collector system shall be constructed in a manner which follows: (i) all recommendations of an analysis by a qualified third party professional to minimize the potential impact upon wildlife and endangered species; (ii) all recommendations of an analysis of post construction wildlife mortality; and (iii) all pre-construction and post construction recommendations of the United States Fish and Wildlife Service which analyses must be submitted with the application for site plan approval. This determination shall be made by the planning commission as a function of the approval of the site development plan.

K.

An industrial solar energy collector system shall be constructed in a manner which follows all recommendations of an analysis by a qualified third party professional to minimize the potential impact upon the natural environment including wetlands and fragile ecosystems, historical and cultural sites and antiquities which analysis must be submitted with the application for site plan approval. This determination shall be made by the planning commission as a function of the approval of the site development plan.

L.

An industrial solar energy collector system shall be constructed in a manner which follows all recommendations of an analysis by a qualified third party professional to minimize the potential interference with any telecommunication systems being operated in the township which analysis must be submitted with the application for site plan approval. This determination shall be made by the planning commission as a function of the approval of the site development plan.

M.

An industrial solar energy collector system shall be constructed in a manner which complies with the applicable provisions of the Michigan Natural Resources and Environmental Protection Act, including the provisions for water resource protection, soil erosion and sedimentation control, inland lakes and streams, and wetlands. This determination shall be made by the planning commission as a function of the approval of the site development plan.

N.

An industrial solar energy collector system's lighting system must contain light poles not more than 18 feet tall, and must be installed to minimize any adverse effect upon adjacent parcels of property. This determination shall be made by the planning commission as a function of the approval of the site development plan.

O.

An industrial solar energy collector system must comply with the Vienna Township Industrial Solar Collector System Licensing Ordinance.

(Ord. of 3-21-2005, § 2210; Ord. No. 449, § 5.01, 8-12-2019)

A.

Standards.

1.

Patient care center. The construction and operation of every patient care center in the Charter Township of Vienna is permitted only by special land use permit, granted in accordance with article 22 of the Charter Township of Vienna Zoning Ordinance, in the local commercial district (C-1), general commercial district (C-2), shopping center district (C-3), highway commercial district (C-4).

2.

Home care center. The construction and operation of every home care center in the Charter Township of Vienna is permitted in the one-family residential suburban district (RSA); one-family residential urban district (RU-1); and agricultural residential district (AR).

3.

The development and locational standards set forth herein will be used by the planning commission to determine if the application satisfies the conditions that are precedent to the approval of a special land use.

B.

Definitions.

1.

Statutory definitions. The words and phrases used herein have the same meaning as set forth in the Michigan Medical Marihuana Act, MCL 333.26421 et seq., except as set forth herein.

2.

Applicant means the person who applies for a permit for a patient care center.

3.

Consumption means absorbing, smoking, inhaling, eating, vaporizing, and drinking.

4.

Building means any permanent structure having a roof or other covering that is built, used, designed, or intended for the enclosure of persons, animals, chattel, or property of any kind.

5.

Enclosed, locked facility means a closet, room, or other enclosed area, which may be indoors or outdoors, that is equipped with locks or other security devices.

6.

Home care center means a facility, located at a primary caregiver's residence, that is operated by not more than one primary caregiver.

7.

Marihuana means all parts of the plant Cannabis Sativa L., growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin including soaps, balms, cooking oils, pastes, essential oils, teas, butters, and tinctures. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.

8.

Medical marihuana facility means a home care center or a patient care center.

9.

Outdoor enclosed, locked facility means any enclosed, locked facility that is not located inside of a building.

10.

Parcel means that property which is identified by a single parcel number by the Vienna Township Treasurer.

11.

Patient care center means a facility established by one or more primary caregivers, not located at a primary caregiver's residence.

12.

Person means any individual, partnership, corporation, association, or limited liability company.

13.

Physical improvement means the improvement of real property using construction materials constructed in a manner that complies with section 2010 of the township zoning ordinance and all provisions of the township building ordinances, section 6-1 et seq.

14.

Planning commission means the Charter Township of Vienna Planning Commission.

15.

Primary caregiver means a person who is at least 21 years old, who has agreed to assist with a patient's medical use of marihuana, who has never been convicted of a felony involving illegal drugs, and who possesses a registry identification card, which is not expired and has not been revoked.

16.

Qualifying patient means a person who has been diagnosed by a physician as having a debilitating medical condition and who has been issued a registry identification card by the department, which is not expired and has not been revoked.

17.

Registry identification card means a document issued by the state department of community health that identifies a person as a registered qualifying patient or registered primary caregiver.

18.

Township means the Charter Township of Vienna, Genesee County, Michigan.

19.

Township board means the township board of trustees.

C.

Procedure for issuance of special land use permit.

1.

Application for permit. An application for a permit must be completed by the applicant in conformance with article 22 of the Charter Township of Vienna Zoning Ordinance.

2.

Application review. The planning commission must:

a.

Review the application for the special land use permit;

b.

Make a finding as to whether the use as set forth and described in the application for the special land use permit complies with the requirements of the Charter Township of Vienna Zoning Ordinance, as amended by this amendment, and with statutes of the State of Michigan; and

c.

Submit to the township board it[s] recommendation as to whether the special land use permit should be approved.

3.

Public hearing. Upon receipt by the township board of the recommendation of the planning commission, the township clerk must add to the township board agenda, and the township board must conduct, a public hearing on the application for special land use permit, in conjunction with the hearing on the application by applicant for a license, in accordance with the provisions of the township's medical marijuana license ordinance, and:

a.

Review the application for the special land use permit (in conjunction with its review of the application for a license);

b.

Make a finding as to whether the use as set forth and described in the application for the special land use permit complies with the requirements of the Charter Township of Vienna Zoning Ordinance, as amended by this amendment, and with statutes of the State of Michigan; and

c.

Determine whether the special land use permit should be granted (in conjunction with its determination of whether the application for license should be granted).

D.

Patient care center requirements. A patient care center must be located and operated in accordance with the following requirements:

1.

Special land use requirement. No patient care center may be operated in Charter Township of Vienna, except in accordance with this section 2211 of the Charter Township of Vienna Zoning Ordinance and unless a permit for special land use has been granted in accordance with article 22 of the Charter Township of Vienna Zoning Ordinance.

2.

Population limitations. Only one special land use permit may be issued pursuant to this ordinance for every 3,000 of population, or fraction thereof as determined by any of the following:

a.

Federal decennial census;

b.

Special census taken pursuant to MCL 141.907; or

c.

Latest population estimates and projections prepared by the United States Department of Commerce, Social, and Economic Statistics Administration, Bureau of the Census.

3.

Waiver of population limitation. The quota requirement described in paragraph D(2) may be waived at the discretion of the township board if there is no existing medical marihuana special land use permit issued within a two-mile radius of the applicant's proposed location, measured along the nearest traffic route, of the applicant.

4.

Location. No patient care center is permitted on any of the following:

a.

On a parcel of property of which any lot line is within 300 feet of any lot line of a parcel of property upon which is located any principal or accessory structure of another patient care center; or

b.

On a parcel of property of which any lot line is within 300 feet of any lot line of a parcel of property upon which is situated any single or multiple family residence, public park, school, child care facility, church or place of worship; or

c.

On a parcel of property of which any portion is situated within the following zoning districts: agricultural residential district (AR); one-family residential suburban (RSA); one-family residential urban (RU-1); multiple family residential (RM); multiple family condominium residential (RMC); mobile home park district (MHP), office service transition district (OST), office research district (OR), limited industrial district (I-1), general industrial district (I-2), or vehicular parking district (P-1).

5.

Entrances. Entrances to a patient care center must be posted on both the exterior and interior walls, in a location clearly visible to those entering and exiting the business, and using lettering no less than two inches in height that:

a.

"Only persons with registry identification cards may enter"; and

b.

"No alcoholic beverages of any type are permitted within the patient care center".

6.

Off-street parking. All off-street parking of a patient care center must comply with the following:

a.

All off-street parking must comply with the provisions of article 19 of the Charter Township of Vienna Zoning Ordinance; and

b.

All off-street parking areas must be illuminated during all hours of operation and until one hour after the business closes.

7.

Advertisements. Advertisements, displays or other promotional materials of a patient care center must not be shown or exhibited so as to be visible to the public, from pedestrian sidewalks or walkways, or from other areas, public or semi-public; and such displays are considered signs.

8.

Signs and billboards. The sign or billboard of a patient care center must not contain the word "marihuana," any variation thereof, or any other synonym for marihuana on any sign or billboard of the business; additionally, no symbol or image relating to the use of marihuana may be displayed on any sign or billboard of the business.

9.

Screened openings. All building openings, entries, windows, and any other portion of the building as required by the planning commission, of a patient care center must be located, covered, or screened in such a manner as to prevent a view into the interior from any public or semi-public area.

E.

Home care center requirements. A home care center must be operated in accordance with the following requirements:

1.

Signs and advertisements. A home care center is not permitted to install any exterior or interior sign, billboard, or advertisement for any purpose.

2.

Outdoor enclosed, locked facility requirements. Any outdoor enclosed, locked facility located within the township is subject to the following requirements:

a.

Zoning district. An outdoor enclosed, locked facility must not be located on a parcel of property of which any portion is situated within the following zoning districts: one-family residential suburban (RSA); one-family residential urban (RU-1); multiple family residential (RM); multiple family condominium residential (RMC); mobile home park district (MHP); office service transition district (OST); office research district (OR); local commercial district (C-1); general commercial district (C-2); shopping center commercial district (C-3); highway commercial district (C-4); limited industrial district (I-1); general industrial district (I-2); and vehicular parking district (P-1).

b.

Location. An outdoor enclosed, locked facility must be located on a parcel of property such that the outdoor enclosed, locked facility is at least 100 feet from the dwelling unit or 100 feet from the lot line of the parcel of property; and

c.

Construction. An outdoor enclosed, locked facility must be constructed such that it is, an immovable physical improvement that makes the enclosed area secure and inaccessible to any person other than the qualify[ing] patient or the primary caregiver and the primary caregiver's qualifying patients.

G.

Zoning standards. A medical marihuana facility must conform to all standards of the zoning district in which it is located.

H.

Other standards. A medical marihuana facility must meet all applicable written and duly promulgated standards of the township and of other governments or governmental agencies having jurisdiction, and that to the extent required, the approval of these governments and/or governmental agencies has been obtained.

I.

Compliance. At all times a person must comply with all federal, state and local rules, regulations and ordinances.

(Ord. No. 400, § II, 4-4-2011)