In order to make this Ordinance a flexible zoning control and still afford protection of property values and orderly and compatible development of property within the Township, the Township Planning Commission, in addition to its other functions, is authorized to approve the establishment of certain uses designated as Special Land Uses within the various zoning classifications set forth in the Ordinance. Such Special Land Uses have been selected because of the unique characteristic of the use which, in the particular zone involved, under certain physical circumstances and without proper controls and limitations, might cause it to be incompatible with the other uses permitted in Such zoning district and accordingly detrimental thereto.

Special Land Uses are not permitted to be engaged in within the particular zone in which they are listed unless and until the Township Planning Commission, in its discretion, is satisfied that the use under the conditions, controls, limitations, circumstances and safeguards proposed and imposed by the Commission, will:

1. be compatible with the other uses expressly permitted within the district, with the natural environment and
2. be consistent with the capacities of public services and facilities affected by-the land use;
3. not be detrimental or injurious to the use or development of adjacent properties or to the occupants thereof or to the general neighborhood;
4. promote the public health, safety, morals and general welfare of the community;
5. encourage the use of lands in accordance with their character and adaptability;
6. the standards required by the Commission for the allowance of this Special Land Use can and will in its judgment, be met at all times by the applicant or its assigns.

The burden of proof of facts which might establish a right to a Special Land Use Permit under the general standards and any specific standards contained herein shall be upon the applicant.

1. Application. All applications for Special Land Use Permits shall be filed with the Township Clerk and shall include all pertinent plans, specifications and other data upon which the applicant intends to rely for a Special Land Use Permit. Site plans shall be prepared to the specifications outlined in Chapter 14.
2. Notices. All special land use applications and required supporting documentation shall be promptly transmitted to the Planning Commission. The Planning Commission shall hold at least one public hearing on all special land use requests it receives and shall provide notice for said hearing in the manner provided in Section 24.04 of the zoning ordinance. (Amended Ord. 2007-1Z, effective 7-24-07).
3. Decisions and Conditions. Following such hearing, the Township Planning Commission shall either grant or deny a permit for the Special Land Use and shall state its reasons for its decision in the matter. All conditions, limitations and requirements upon which any such permit is granted shall be specified in detail by the Planning Commission in its decision and shall be filed with the Building Inspector. Any conditions, limitations or requirements upon which approval is based shall be reasonable and designed to protect natural resources, the health, safety and welfare and the social and economic well-being of the owners and occupants of the land in question, of the area adjacent thereto and of the community as a whole; constitute a valid exercise of the police power and be related to the purposes which are effected by the proposed use or activity; be consistent with the intent and purpose of the zoning ordinance; designed to ensure compatibility with adjacent uses of land and the natural environment; and designed to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity.
4. Enforcement. The Planning Commission may limit the duration of a Special Land Use where the same is of a temporary nature and may reserve the right of annual review of compliance with the conditions and limitations imposed upon such use. Any use failing to comply with such conditions and limitations may be terminated by action of the Township Planning Commission after a hearing upon application of any aggrieved party.
5. Site Plans. The site plan and specifications and all conditions, limitations, and requirements imposed by the Planning Commission shall be recorded with the Township and shall be incorporated as a part of the special land permit. Violations of any of these at any time shall cause revocation of said permit and said special land use shall cease to be a lawful use.
6. Expiration Without Commencement. Any property which is the subject of a special land permit which has not been used for a period of six (6) months (without just cause being shown which is beyond the control of the owner and which is acceptable to the Township Planning Commission) for the purposes for which such special exception was granted or which use failed to commence within six (6) months of the date of permit approval, shall thereafter be required to be used for only permissible uses set forth in the particular zoning classification and the permit for such special land uses shall thereupon terminate.
7. Performance Guarantee. To ensure compliance with the zoning ordinance and any conditions, limitations, or requirements imposed by the Township Planning Commission as necessary to protect natural resources or the health, safety and welfare of the residents of the Township and future users or inhabitants of the proposed project or project area, the Planning Commission may require a cash deposit, certified check, or irrevocable bank letter of credit or surety bond covering the estimated cost of furnishing such condition, limitation or requirement conditioned upon the faithful completion of the required improvement. Such security shall be deposited with the Township Clerk at the time of the issuance of the permit authorizing the commencement of such construction or activity. Where the improvement required will take more than six (6) months to be completed, the Township Planning Commission may authorize a rebate of any case deposit in reasonable proportion to the ratio of the work completed as the work progresses.

The specific requirements set forth in this section are requirements which must be met by certain uses when permitted as special uses. These requirements are in addition to the general standards outlined or referenced in the above Section 15.02.

1. Campground, R.V., Travel Trailer Parks.
   1. The minimum lot size shall be twenty (20) acres.
   2. No commercial enterprises shall be permitted to operate within the park except that a convenience goods shopping building not to exceed two thousand five hundred (2,500) square feet of floor area may be provided in a park containing more than fifty (50) campsites.
   3. No building or campsite shall be located within fifty (50) feet of any property line. A house used only for purposes of residence by a park manager or owner shall conform to the requirements of the zoning district. Setback requirements on the side or rear property line may be waived or modified when said line is constituted by the edge of a river or lake, and the Planning Commission shall find that no useful purpose would be served by the stipulated setback.
   4. All parks shall afford direct vehicular access of a public road with no opening closer than one hundred (100) feet to a side property boundary line.
   5. One identification sign, not exceeding one hundred (100) square feet in area, is permitted.
   6. All campgrounds shall be approved by the Michigan Department of Public Health.
2. Class II - Residential Care Homes. Class II Residential Care Homes as defined in Chapter III, Section 3.31 (a) involving the care, supervision and/or treatment of more than six (6) individuals and in which the delivery of such care or supervision is provided for periods of time that exceed 16 hours in a 24 period. (Amended Ord. 95-2Z, 3/9/95)
   1. The minimum lot size shall be 3 acres with a minimum of 250 feet of continuous public street frontage so as to ensure the secure and safe provision of ingress and egress to the site without adversely impacting adjoining properties.
   2. The site shall be situated on and access via a paved public road.
   3. Appropriate fencing, lighting and security for the safety of adjoining residents and the persons on premises shall be provided as determined necessary by the Township. Exterior lighting shall not reflect onto adjacent property owners.
   4. The facility shall provide adequate off-street parking for visitors and employees.
   5. A loading/unloading area of adequate dimensions shall be provided for delivery vehicles servicing the facility.
   6. All principal and accessory buildings shall be located a minimum of 75 feet from adjoining property lines. A landscaped buffer shall be provided along all property lines that abut a less intense land use and around the visible perimeters of all parking and loading/unloading areas in accordance with Chapter 18, Section 18.05.
   7. Such facilities shall be located a minimum of 1,000 feet from a school, church or child day care facility and no closer than 1,500 feet from another Class I or Class II Residential Care Home.
   8. All structures shall be designed, constructed and maintained in a manner consistent with the visible characteristics of conventionally built housing units and accessory buildings in existence within a one-mile radius of the site.
   9. A minimum of 1,500 square feet of usable open space, excluding parking areas, drives, buildings and unusable or inaccessible portions of a site (e.g. wetland areas or areas isolated by water) shall be provided for each bed within the facility.
3. Public or Private Outdoor Recreation Uses. Public or private outdoor recreation uses such as golf courses, parks with athletic fields, and fixed or moveable target shooting facilities such as rifle, skeet, trap, and archery ranges, educational, recreational and religious camps and retreats and similar facilities, EXCEPT amusement parks, miniature golf establishments, motorized and non-motorized vehicle racing facilities and campgrounds, RV and travel trailer parks, subject to the following being reviewed by the Planning Commission. The above exceptions being addressed by separate provisions contained herein. (Amended Ord. 95-2Z, 3/9/95)
   1. The size and nature of the proposed use and its effect on adjacent properties and land uses.
   2. The amount of traffic to be generated by the proposed use and the effects on traffic circulation, existing road conditions and whether the proposal would require the installation of traffic control devices.
   3. The ability of the proposed use to utilize natural features such as topography and vegetation to naturally screen or shield adjacent uses from the proposed use as a means of preserving the rural qualities of the Township.
      
   In addition to the above general provisions, the following specific standards shall apply to the outdoor recreational uses enumerated below:
   1. Golf Courses, Country Clubs.
      1. The minimum area shall be 40 acres for a par 3 course, 65 acres for a 9-hole course, and 120 acres for an 18-hole course.
      2. No building or non-golfing use, with the exception of parking, shall be located within 200 feet of the front line or 400 feet of the side and rear property lines.
      3. A greenbelt shall be required if parking is located less than 50 feet from a property line.
      4. Parking shall be provided at a minimum of 5 spaces per hole plus one space for each square feet of combined dining rooms and bar area.
      5. Signs shall be subject to the regulation applicable to signs in commercial districts.
      6. All lighting shall be shielded or designed so as not to extend beyond the property lines.
      7. There shall be not more than two driveways.
   2. Outdoor Recreational Uses and Education, Recreation and Religious Camps and Retreats, and similar uses except parks, playgrounds, golf courses, racing facilities, miniature golf, amusement parks, and campgrounds. (Amended Ord. 95-2Z, 3/9/95)
      1. The minimum lot area shall be 20 acres.
      2. All lighting shall be shielded or designed so as not to cause glare upon adjacent properties.
      3. A greenbelt shall be required if parking is located less than 50 feet from a property line.
      4. No building or use shall be located within 50 feet of any property line except that parking may be excluded from this requirement. Setback requirements on the side or rear property line may be waived or modified when said line is constituted by the edge of a lake or river.
      5. Signs be subject to the regulations applicable to signs in commercial districts.
      6. Use of the premises shall be limited to the use approved.
      7. Adequate off-street parking shall be provided.
      8. Structures and procedures shall be required so that litter will not be placed, by means, onto adjacent property or public roads.
      9. Facilities utilizing firearms, bows, arrows, etc., shall have the site plan approved by the Allegan County Sheriff to ensure adequate safety. (Amended by Ord. 90-1, 3/15/90)
4. Non-profit Schools, Public Libraries, Museums, Art Galleries and Similar Public or Non-Profit Uses. In considering such authorization, the Planning Commission, shall consider the following:
   1. The size, nature and character of the proposed use;
   2. The proximity of the proposed use to adjoining properties;
   3. The parking facilities provided for the proposed use;
   4. Any traffic congestion or hazards which will be occasioned by the proposed use;
   5. How well the proposed use harmonizes, blends with, and enhances adjoining properties and the surrounding neighborhood.
5. Playgrounds, Community Centers, Governmental, Administration, Post Offices or Service Buildings Owned and Operated by a Governmental Agency or a Non-Profit Organization. In considering such authorization, the Planning Commission shall consider the following:
   1. The necessity for such use for the surrounding neighborhood;
   2. The proximity of the intended use to adjoining properties specifically including proximity to occupied dwellings;
   3. The size, nature and character of the propose use;
   4. Potential traffic congestion which might be occasioned by the intended use;
   5. Parking facilities to be provided for the proposed use; and
   6. The effect of proposed use on adjoining properties and the surrounding neighborhood.
6. Amusement Parks, Go-Cart Rides and Miniature Golf. In considering such authorization, the Planning Commission shall consider the following:
   1. The Planning Commission shall find that the use will not adversely offset existing or future development in the area.
   2. The parcel location shall be such that at least one property line shall have access to a state highway or paved road. Primary access to the facility shall be directly from said streets.
   3. All lighting shall be shielded and designed so as not to cause glare upon adjacent properties.
   4. All amusement park facilities except parking shall be located a minimum of two hundred fifty (250) feet from any adjoining property or road.
   5. A greenbelt shall be required along each side or rear property line.
7. Motorized and Non-Motorized Racing Facilities.
   1. The Planning Commission shall find that such use will not adversely affect existing or future development of the area.
   2. There shall be a minimum of eighty (80) acres and the parcel location shall be such that at least one property line abuts a state highway or paved road. Primary access to the facility shall be directly from said streets.
   3. One sign shall be permitted on each road from which there is a driveway to the track. Such signs shall be subject to the regulations applicable to signs in commercial districts.
   4. The safety of participants, spectators and all other persons on the scene is provided for within the general safety practices and precautions of race tracks.
   5. The track and all spectator areas shall be at least five hundred (500) feet from any adjoining property or road.
   6. Off-street parking shall be provided at a ratio of at least one (1) space for three (3) seats or six (6) feet of benches in the spectator area.
   7. All lighting shall be shielded or designed so as not to cause glare upon adjacent properties.
8. Sawmills.
   1. The minimum lot area shall be ten (10) acres.
   2. All structures and storage yard areas shall be setback a minimum of one hundred (100) feet from the street right-of-way and fifty (50) feet from any side or rear property lines.
   3. Stockpiles of sawdust, slab-wood and other wood products shall be held to a minimum so as not to create a fire hazard or public nuisance.
   4. To reduce noise emissions, the sawmill, including carriage, headgear, and power source, shall be in an enclosed structure and the outlets of blower pipes shall be oriented downward and away from habitable structures located on adjacent properties. (Amended by Ord. 90-1, 3/15/90)
9. Auto and Truck Wash Establishments.
   1. Minimum lot size shall be ten thousand (10,000) square feet.
   2. All washing activities must be carried on within a building.
   3. Vacuuming activities may be carried out in the rear yard and at least one hundred (100) feet from any adjacent residentially used or zoned property line.
   4. The building entrances and exits of the facility shall be free within the lot and not directly to or from an adjoining street.
   5. Adequate off-street space shall be provided for waiting vehicles so as to prevent lining up on any public road.
10. Wholesale Storage Facilities for Petroleum.
    1. All facilities shall be located at least one thousand (1,000) feet from any residentially used or zoned property.
    2. All Department of Natural Resources regulations be met.
    3. An analysis of potential impact on groundwater supplies be submitted.
    4. A minimum site size shall be ten (10) acres.
    5. The operation comply with all regulations established by the Fire Prevention Act, Act 207, P.A. 1941 as amended.
11. Contractor Yards/Equipment Storage Yards.
    1. Outdoor storage of junked, or inoperable equipment shall be limited to 3,000 square feet.
    2. The site shall be screened along its frontage by a landscaped buffer and/or a six (6) foot wall or fence of an approved material. A fence or wall shall be provided along an adjacent residentially used or zoned property line.
12. Dry Cleaning and Laundry Facilities.
    1. Plan for liquid and solid waste disposal shall be submitted.
    2. All regulation of the Department of Natural Resources be met and permits secured.
    3. All facilities shall be located at least one thousand (1,000) feet from any adjacent residentially used or zoned property line.
    4. An analysis of potential impact on groundwater supplies shall be submitted.
    5. The minimum site size shall be five (5) acres.
13. Drive-in Theaters.
    1. The lot location shall be such that at least one (1) property line abuts a major thoroughfare and shall be at least five hundred (500) feet from any residential district.
    2. The premises shall be enclosed with a solid screen fence seven (7) feet in height.
    3. All points of entrance or exit shall be located no closer than two hundred and fifty (250) feet to any street or road intersection (as measured to the nearest intersection right-of-way line).
    4. The interior of the premises shall be designed with respect to lighting, drainage, and the like, to the satisfaction of the Planning Commission.
    5. Space shall be provided, on premises, for fifty (50) waiting vehicles to stand at the entrance to the facility.
    6. The theater screen shall not face, directly or obliquely by less than seventy-five (75) degrees, a major thoroughfare or any residential zoning district.
14. Resource Recovery and Disposal Facilities. Facilities for Type II and Type III wastes as those terms are defined in the rules promulgated under Act 641 of 1978, as amended, provided that:
    1. The minimum site size shall be one (1) acre with a minimum of a 150-foot frontage on an all-season industrial road meeting Allegan County Road Commission specifications.
    2. All driveways, parking areas, and unloading areas shall be paved with either concrete or plant mixed bituminous asphalt material and shall be maintained in good condition at all times.
    3. Any and all debris from the operation on the site shall be picked up and disposed of no less frequently than daily.
    4. The entire perimeter of the site shall have a fence not less than seven (7) feet in height, the material of which shall be approved by the Township Planning Commission.
    5. The resource recovery facility shall be located no nearer than one thousand (1,000) feet from any adjacent residentially used or zoned property line.
    6. There shall be no outdoor storage of solid waste.
    7. There shall be a transfer station located on-site which shall not store waste longer than forty-eight (48) hours, unless the facility is involved in the Allegan County Household Recycling Program.
    8. A management plan be developed and submitted which indicates alternate operation options in case of plant shutdown.
    9. The facility compares favorably with the standards contained in Section 11.03 relating to Unclassified Industrial Uses.
    10. An environmental impact statement (EIS) shall be submitted detailing the overall impact on the community and the immediate environment so that the Planning Commission can exercise proper judgment. The EIS shall contain, but not be limited to, information on the natural environment (soils aquifer, water supply, plants, animals, geology), the local economy (taxes generated, services required, jobs created, infrastructure required), and the social environment (effects of odors, dust, noise, emissions). The EIS shall be prepared by an unbiased professional firm with recognized credentials and with no vested interest in the proposed development.
15. Animal Rendering Plants.
    1. All facilities shall be located at least one thousand (1,000) feet from any adjacent residentially used or zoned property line.
    2. A minimum site size of ten (10) acres shall be provided.
    3. Off-street parking and loading areas along with interior vehicular drives shall be paved.
    4. All outdoor storage including refuse storage shall be within a completely enclosed building.
16. Airports and Landing Fields as May Be Permitted in the A-1 and A-2 Districts subject to the following:
    1. The land area for all runway approaches shall be under the ownership or control of the owner or operator of the airport. Ownership or control shall extend a minimum of 1,200 feet from each end of the runway and laterally 500 feet in each direction from the centerline of the runway. These requirements may be modified if the landing area is intended solely for the use of ultra-light aircraft or rotary winged aircraft.
    2. All runways will be of turf construction and airport facilities shall otherwise limit the normal use of runway to a single engine, basic utility aircraft or smaller.
    3. The airport must be of a size and location that will not require or cause the imposition of limitations on the height of structures located on land that is not controlled by the airfield operation.
    4. Commercial activities or operations, including commercial passenger businesses, flight training or lessons, sales of fuel, aircraft maintenance businesses, or aircraft sales, shall not be permitted.
    5. All airport activities, including take-offs and landings, shall be limited to daylight hours only.
    6. Areas upon which aircraft taxi shall be at least two hundred feet (200') from any property line.
    7. Any fuel storage facility shall be above ground and approved by the Township fire chief.
    8. Aircraft storage facilities shall be limited to one hanger per individual parcel, having direct access to the airfield.
    9. Any residential parcel associated with the airport shall be limited to one aircraft.
    10. Private airport development shall be limited to a maximum of ten (10) residential parcels and ten (10) potential users of the airport.
    11. All residential parcels associated with any airport development shall be a minimum lot size of three (3) acres.
    12. Any airport development must be located within a contiguous forty (40) acre parcel. This may include the individual residential parcels associated with the airport development.
    13. No residential structure shall be built within 150 feet of the runway centerline.
    14. No residential structure shall be built within the approach zones of any runway.
    15. Each end of any airstrip or runway shall be marked with FAA approved monuments.
    16. The site plan, as required by Chapter 14 shall include the following additional information.
        1. The location of residential structures within two thousand feet (2,000') of the boundaries of the property on which the airport or airport expansion would be located.
        2. The location and height of any trees, groups of trees, mounds of earth, buildings, or other structures within one thousand feet (1,000') of the proposed airport.
    (Ordinance No. 06012017 Section 15.04 (q) adopted 6/1/2017; effective 6/16/2017)
17. A mobile home for use as a temporary accessory dwelling may be permitted in the A-1, A-2 R-1 and R-2 zoning districts when authorized as a special use by the Planning Commission, subject to the following conditions:
    1. The mobile home shall be for the purpose of housing partially disabled or aged family members or other individuals having been assigned to the legal guardianship of the occupants of the permanent principal dwelling located on the same lot or parcel. Such individuals shall be capable of independently caring for themselves but require the occasional assistance or supervision of the family. The dwelling shall not be part of a profit or not for profit business or organization that necessitates licensing or other certification by an agency of the State of Michigan.
    2. The mobile home shall be on the same lot as the permanent dwelling. The mobile home shall be separated from the permanent dwelling by a minimum of twenty (20) feet. In addition, the mobile home must be situated on the site as to satisfy the minimum front, side and rear setback requirements of the district for principal dwellings. The mobile home shall share a driveway with the permanent dwelling.
    3. The mobile home shall be connected to a domestic water well and septic tank system approved by the Allegan County Health Department.
    4. The mobile home shall comply with the standards enumerated in Section 22.16 minimum dwelling requirements outside of MH Parks of this ordinance except that the Planning Commission may in its discretion, waive the requirements of Section 22.16 (a) to permit the minimum width requirement for such dwellings of fourteen (14) feet, and Section 22.16 (b), instead requiring that the minimum floor area shall be six hundred and twenty (620) square feet of floor area as initially sited.
    5. The Zoning Inspector may renew the temporary use permit for a mobile home for subsequent one-year periods upon determining at the expiration of each period that the same factors considered by the Planning Commission in granting the initial temporary use permit still exist.
    6. Removal of the temporary mobile home shall take place within sixty (60) of the expiration of the Special Use Permit.