Article 40-3 . DISTRICT REGULATIONS

ARTICLE III. DISTRICT REGULATIONS

DIVISION 1. GENERALLY

40-140. Creation of districts.

For the purposes of this chapter, the township is hereby divided into the following zoning districts as shown on the official zoning map:

R-1	One-family residential district
R-2	One-family residential district
R-3	One-family residential district
RM-1	Multiple-family residential district
RM-2	Multiple-family residential district
RMH	Residential manufactured housing district
O-1	Office district
B-1	Planned business district
B-2	Community business district
B-3	General business district
I-L	Light industrial district
I-H	Heavy industrial district
PSP	Public/semi-public district
PD	Planned development district

(Ord. No. 147-43, § 9.001, 12-15-2003)

40-141. Adoption of zoning map.

(a) The boundaries of the zoning districts listed in section 40-140 are hereby established as shown on the official zoning map of the township. The zoning map with all notations, references and other information shown thereon shall be, and is hereby declared to be a part of this chapter as if fully described herein.

(b) In accordance with the provisions of this chapter and the state zoning enabling act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.), changes made in district boundaries and other matters portrayed on the zoning map shall be entered on the zoning map after the amendment has been approved by the township board of trustees and has been published in a newspaper of general circulation in the township. No changes of any nature shall be made to the zoning map except in conformity with the procedures set forth in section 40-113

(c) Regardless of the existence of copies of the zoning map that may, from time to time, be made or published, the official zoning map shall be located at the municipal offices and shall be the final authority with regard to the current zoning status of all land in the township.

(Ord. No. 147-43, § 9.002, 12-15-2003)

40-142. Interpretation of district boundaries.

The following rules shall apply to the interpretation of zoning district boundaries:

(1) Boundaries indicated as approximately following the centerlines of streets, roads or alleys shall be construed to follow such centerlines. On parcels adjacent to a street or road, the zoning shall be construed to extend to the centerline of the adjacent street or road, unless otherwise indicated on the zoning map.

(2) Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(3) Boundaries indicated as approximately following township boundaries shall be construed as following such limits.

(4) Boundaries indicated as approximately following the centerlines of ditches, drains or other bodies of water shall be construed to follow such centerlines.

(5) Boundaries indicated as parallel to or as an extension of features cited in subsections (1) through (4) of this section shall be construed as being parallel to or an extension of the features cited. Distances not specified on the official zoning map shall be determined using the scale on the map.

(6) Where there is any uncertainty, contradiction or conflict concerning the intended location of zoning district boundaries, the zoning board of appeals shall interpret the exact location and extent of zoning district boundaries.

(Ord. No. 147-43, § 9.003, 12-15-2003)

40-143. Zoning of vacated areas.

Whenever any street, alley or other public way within the township is vacated, such street, alley or other public way shall be automatically be classified in the same zoning district as the property to which it attaches, and shall be subject to the standards for said zoning district.

(Ord. No. 147-43, § 9.004, 12-15-2003)

40-144. District requirements.

Buildings and uses in any district shall be subject to all applicable standards and requirements set forth in this chapter, including, but not limited to, article III, division 5.

(Ord. No. 147-43, § 9.005, 12-15-2003)

40-145—40-171. Reserved.

DIVISION 2. RESIDENTIAL DISTRICTS

Subdivision I. In General

40-172—40-195. Reserved.

Subdivision II. R-1 One-Family Residential District

40-196. District designation.

The R-1 zoning district shall be known as the R-1 one-family zoning district.

(Ord. No. 147-43, § 10.000, 12-15-2003)

40-197. Statement of purpose.

(a) The intent of the R-1 one-family residential district is to provide areas of the township for the construction and continued use of single-family dwellings within stable neighborhoods with minimal incursion from nonresidential land uses. This district allows for residential lots that are larger in area than other residential districts.

(b) The regulations in this subdivision are intended to promote development that preserves the physical characteristics of the land and natural environment to the maximum extent possible. It is further the intent of this district to prohibit multiple-family, office, business, commercial or industrial use of the land, and to prohibit any other land use which would substantially interfere with single-family development or quality of life in this district.

(Ord. No. 147-43, § 10.001, 12-15-2003)

40-198. Permitted uses and structures.

(a) Principal uses and structures. In all areas zoned R-1 one-family residential, no building shall be erected, used or structurally altered, nor shall the land or premises be used in whole or in part, except for one or more of the following principal permitted uses:

(1) Single-family detached dwellings.

(2) Publicly owned and operated parks, parkways and recreation facilities.

(3) Private parks owned and maintained by homeowner associations.

(4) Manufactured homes, subject to the provisions in section 40-666

(5) State-licensed residential facilities which provide resident service for six or fewer persons, such as family day care homes, adult foster care family homes, foster family homes or foster family group homes, subject to the regulations in section 206 of Public Act No. 110 of 2006 (MCL 125.3206).

(6) Essential services, subject to the provisions in section 40-644(a).

(7) Exempt signs, subject to section 40-944, and signs allowable in residential districts according to section 40-948

(8) Uses and structures accessory to the above, subject to the provisions in section 40-666

(b) Special land uses. Subject to the conditions specified for each use; review and approval of the site plan; any special conditions imposed during the course of review; and the provisions set forth in section 40-853, the following uses may be permitted:

(1) An accessory apartment subject to the provisions in section 40-853(a).

(2) Parochial and private elementary, intermediate or high schools licensed by the state to offer courses in general education.

(3) Group day care homes and child care centers, subject to the provisions in section 40-852(g).

(4) Religious institutions, subject to the provisions in section 40-852(r).

(5) Golf courses, subject to the provisions in section 40-854(b).

(Ord. No. 147-43, § 10.002, 12-15-2003)

40-199. Development standards.

(a) Site plan review. Site plan review and approval is required for all uses except detached single-family residential uses, in accordance with article II, division 2 of this chapter.

(b) Area, height, bulk and placement requirements. Buildings and uses in the R-1 one-family residential district are subject to the area, height, bulk and placement requirements in article III, division 5 of this chapter.

(c) Planned development. Planned development may be permitted as a means to achieve the basic intent of this district, in accordance with the guidelines in article III, division 4 of this chapter.

(d) Single-family development options.

(1) Cluster option. Single-family development in the R-1 one-family residential district may be developed in accordance with the single-family cluster option pursuant to section 40-853(d).

(2) Lot or unit dimensional averaging. Single-family development in the R-1 one-family residential district may be developed using lot or unit dimensional averaging in accordance with section 40-853(e).

(e) General development standards. Buildings and uses in the R-1 one-family residential district shall be subject to all applicable standards and requirements set forth in this ordinance, including the following:

Article	Topic
Article III, Division 5	Schedule of regulations
Article III, Division 6	Supplemental regulations
Article V	Off-street parking and loading requirements
Article VI	Landscaping and walls
Article VII	Site development standards applicable to specific uses

(Ord. No. 147-43, § 10.003, 12-15-2003)

40-200—40-221. Reserved.

DIVISION 3. NONRESIDENTIAL DISTRICTS

40-222. District designation.

The R-2 zoning district shall be known as the R-2 one-family zoning district.

(Ord. No. 147-43, § 10.100, 12-15-2003)

40-223. Statement of purpose.

(a) The intent of the R-2 one-family residential district is to provide areas of the township for the construction and continued use of single-family dwellings within stable neighborhoods that consist of density and lot sizes that provide a defined neighborhood environment within the township.

(b) The regulations in this subdivision are intended to promote development that preserves the physical characteristics of the land and natural environment to the maximum extent possible. It is further the intent of this district to prohibit multiple-family, office, business, commercial or industrial use of the land and to prohibit any other use which would substantially interfere with single-family development of or quality of life in this district.

(Ord. No. 147-43, § 10.101, 12-15-2003)

40-224. Permitted uses and structures.

(a) Principal uses and structures. In all areas zoned R-2 one-family residential, no building shall be erected, used or structurally altered, nor shall the land or premises be used in whole or in part, except for one or more of the following principal permitted uses:

(1) Single-family detached dwellings.

(2) Publicly owned and operated parks, parkways and recreation facilities.

(3) Private parks owned and maintained by homeowner associations.

(4) Manufactured homes, subject to the provisions in section 40-666

(6) Essential services, subject to the provisions in section 40-644

(7) Exempt signs, subject to section 40-944, and signs allowable in residential districts according to section 40-948

(8) Uses and structures accessory to the above, subject to the provisions in section 40-666

(1) An accessory apartment, subject to the provisions in section 40-853(a).

(2) Parochial and other private elementary, intermediate or high schools licensed by the state to offer courses in general education.

(3) Group day care homes and child care centers, subject to the provisions in section 40-852(g).

(4) Religious institutions, subject to the provisions in section 40-852(r).

(5) Private swimming pools and swimming pool clubs.

(6) Golf courses, subject to the provisions in section 40-854(b).

(7) Private noncommercial recreational facilities, such as a subdivision or neighborhood center, a nonprofit swimming pool club or similar facility.

(8) The use of a parcel for gardening or the production of agricultural products, together with facilities for the sale of the products grown thereon, provided that such facilities for the sale of products shall comply with requirements for open-air businesses, section 40-852(n).

(Ord. No. 147-43, § 10.102, 12-15-2003)

40-225. Development standards.

(a) Site plan review. Site plan review and approval is required for all uses except detached single-family residential uses, in accordance with article II, division 2 of this chapter.

(b) Area, height, bulk and placement requirements. Buildings and uses in the R-2 one-family residential district are subject to the area, height, bulk and placement requirements in article III, division 5 of this chapter.

(c) Planned development. Planned development may be permitted as a means to achieve the basic intent of this district, in accordance with the guidelines in article III, division 4 of this chapter.

(d) Single-family development options.

(1) Cluster option. Single-family development in the R-2 one-family residential district may be developed in accordance with the single-family cluster option pursuant to section 40-853(d).

(2) Lot or unit dimensional averaging. Single-family development in the R-2 one-family residential district may be developed using lot or unit dimensional averaging in accordance with section 40-853(e).

(e) General development standards. Buildings and uses in the R-2 one-family residential district shall be subject to all applicable standards and requirements set forth in this chapter, including the following:

Article	Topic
Article III, Division 5	Schedule of regulations
Article III, Division 6	Supplemental regulations
Article V	Off-street parking and loading requirements
Article VI	Landscaping and walls
Article VII	Site development standards applicable to specific uses

(Ord. No. 147-43, § 10.103, 12-15-2003)

40-226—40-243. Reserved.

DIVISION 4. PD PLANNED DEVELOPMENT DISTRICT¹

40-244. District designation.

The R-3 zoning district shall be known as the R-3 one-family residential zoning district.

(Ord. No. 147-43, § 10.200, 12-15-2003)

40-245. Statement of purpose.

(a) The intent of the R-3 one-family residential district is to provide areas of the township for the use and improvement of one- and two-family dwellings. This district is designed to allow for moderate suburban densities that can accommodate a variety of housing types. This district is limited to land areas where existing public sewer and water services allow for the higher density of development.

(b) It is further the intent of this district to prohibit multiple-family, office, business, commercial or industrial use of the land, and to prohibit any other use which would substantially interfere with development of or quality of life in this district.

(Ord. No. 147-43, § 10.201, 12-15-2003)

40-246. Permitted uses and structures.

(a) Principal uses and structures. In all areas zoned R-3 one-family residential, no building shall be erected, used or structurally altered, nor shall the land or premises be used in whole or in part, except for one or more of the following principal permitted uses:

(1) All principal uses and structures permitted in the R-1 and R-2 one-family residential district as specified in sections 40-198(a) and 40-224(a).

(2) Two-family dwellings.

(1) An accessory apartment, subject to the provisions in section 40-853(a).

(2) Parochial and other private elementary, intermediate or high schools licensed by the state to offer courses in general education.

(3) Group day care homes and child care centers, subject to the provisions in section 40-852(g).

(4) Religious institutions, subject to the provisions in section 40-852(r).

(5) Private swimming pools and swimming pool clubs.

(6) Private noncommercial recreational facilities, such as a subdivision or neighborhood center, a nonprofit swimming pool club, or similar facility.

(7) The use of a parcel for gardening or the production of agricultural products, together with facilities for the sale of the products grown thereon, provided that such facilities for the sale of products shall comply with requirements for open-air businesses, section 40-852(n).

(8) Multiple-family housing for the elderly, subject to the provisions in section 40-853(b).

(Ord. No. 147-43, § 10.202, 12-15-2003)

40-247. Development standards.

(a) Site plan review. Site plan review and approval is required for all uses except detached single-family residential uses and two-family dwellings, in accordance with article II, division 2 of this chapter.

(b) Area, height, bulk and placement requirements. Buildings and uses in the R-3 one-family residential district are subject to the area, height, bulk and placement requirements in article III, division 5, schedule of regulations.

(c) Planned development. Planned development may be permitted as a means to achieve the basic intent of this district, in accordance with the guidelines in article III, division 4 of this chapter.

(d) Single-family development options.

(1) Cluster option. Single-family development in the R-3 one-family residential district may be developed in accordance with the single-family cluster option pursuant to section 40-853(d).

(e) General development standards. Buildings and uses in the R-3 one-family residential district shall be subject to all applicable standards and requirements set forth in this chapter, including the following:

Article	Topic
Article III, Division 5	Schedule of regulations
Article III, Division 6	Supplemental regulations
Article V	Off-street parking and loading requirements
Article VI	Landscaping and walls
Article VII	Site development standards applicable to specific uses

(Ord. No. 147-43, § 10.203, 12-15-2003)

40-248—40-272. Reserved.

Subdivision V. RM-1 Multiple-Family Residential District

40-273. District designation.

The RM-1 zoning district shall be known as the RM-1 multiple-family zoning district.

(Ord. No. 147-43, § 10.300, 12-15-2003)

40-274. Statement of purpose.

The intent of the RM-1 multiple-family residential district is to address the varied housing needs of the community by providing locations for development of multiple-family housing at a higher density than is permitted in the single-family districts. In addressing these housing needs, multiple-family housing in the RM-1 district should be designed in consideration of the following objectives:

(1) RM-1 developments are generally considered suitable transitional uses between single-family detached housing and nonresidential development.

(2) Multiple-family housing shall be provided with necessary services and utilities, including usable outdoor recreation space and a well-designed internal road network.

(3) Multiple-family housing shall be designed to be compatible with surrounding or nearby single-family housing. Accordingly, one- and two-story housing is considered appropriate in the RM-1 district.

(4) Multiple-family developments in the RM-1 district shall have direct access to a collector road or major thoroughfare.

(Ord. No. 147-43, § 10.301, 12-15-2003)

40-275. Permitted uses and structures.

(a) Principal uses and structures. In all areas zoned RM-1 multiple-family residential district, no building shall be erected, used or structurally altered, nor shall the land or premises be used in whole or in part, except for one or more of the following principal permitted uses:

(1) Single-family detached dwellings or townhouses, as defined in section 40-244, subject to the area, bulk and setback requirements for the R-3 one-family residential district as stated in article III, division 5 of this chapter.

(2) Single-family attached dwellings or townhouses, as defined in article I of this chapter.

(3) Multiple-family dwellings, including apartments, terrace apartments and row houses.

(4) Two-family dwellings.

(5) Publicly owned and operated parks, parkways and recreation facilities.

(6) Private parks owned and maintained by a homeowner association or the proprietor of a housing project.

(7) State licensed residential facility which provide resident service for six or fewer persons, such as family day care homes, adult foster care family homes, foster family homes or foster family group homes, subject to the regulations in section 206 of Public Act No. 110 of 2006 (MCL 125.3206).

(8) Essential services, subject to the provisions in section 40-644(a).

(9) Exempt signs, subject to section 40-944, and signs allowable in residential districts according to section 40-948

(10) Uses and structures accessory to the above, subject to the provisions in section 40-666, including, but necessarily limited to, the following:

a. Private swimming pools for the exclusive use of residents and their guests.

b. In a new housing development, temporary use of a residence as a model during the period of construction and selling or leasing of homes in the development.

c. Private garages, carports, community garages or parking lots.

(b) Special land uses. The following uses may be permitted subject to the conditions specified for each use, review and approval of the site plan, any special conditions imposed during the course of review and the provisions set forth in article VII of this chapter.

(1) Multiple-family housing for the elderly, subject to the provisions in section 40-853(b).

(2) Public, parochial and other private elementary, intermediate or high schools licensed by the state to offer courses in general education.

(3) Public or private colleges, universities and other such institutions of higher learning offering courses in general, technical or religious education.

(4) Nursing homes or convalescent homes, subject to the provisions in section 40-852(m).

(5) Group day care homes and child care centers, subject to the provisions in section 40-852(g).

(6) Religious institutions, subject to the provisions in section 40-852(r).

(7) Golf courses, subject to the provisions in section 40-844(b).

(Ord. No. 147-43, § 10.302, 12-15-2003)

40-276. Development standards.

(a) Site plan review. Site plan review and approval is required for all uses except detached single-family residential uses, in accordance with article II, division 2 of this chapter.

(b) Area, height, bulk and placement requirements. Buildings and uses in the RM-1 multiple-family residential district are subject to the area, height, bulk and placement requirements in article III, division 5 of this chapter.

(c) Planned development. Planned development may be permitted as a means to achieve the basic intent of this district, in accordance with the guidelines in article III, division 4 of this chapter.

(d) Single-family development options.

(1) Cluster option. Single-family development in the RM-1 multiple-family residential district may be developed in accordance with the single-family cluster option pursuant to section 40-853(d).

(2) Lot or unit dimensional averaging. Single-family development in the RM-1 multiple-family residential district may be developed using lot or unit dimensional averaging in accordance with section 40-853(e).

(e) General development standards. Buildings and uses in the RM-1 multiple-family residential district shall be subject to all applicable standards and requirements set forth in this chapter, including the following:

Article	Topic
Article III, Division 5	Schedule of regulations
Article III, Division 6	Supplemental regulations
Article V	Off-street parking and loading requirements
Article VI	Landscaping and walls
Article VII	Site development standards applicable to specific uses

(Ord. No. 147-43, § 10.303, 12-15-2003)

40-277—40-300. Reserved.

Subdivision VI. RM-2 Multiple-Family Residential District

40-301. District designation.

The RM-2 zoning district shall be known as the RM-2 multiple-family zoning district.

(Ord. No. 147-43, § 10.400, 12-15-2003)

40-302. Statement of purpose.

The intent of the RM-2 multiple-family residential district is to address the varied housing needs of the community by providing locations for development of multiple-family housing at a higher density than is permitted in the single-family districts. In addressing these housing needs, multiple-family housing in the RM-2 district should be designed in consideration of the following objectives:

(1) RM-2 developments are generally considered suitable transitional uses between single-family detached housing and nonresidential development. The RM-2 district allows for greater density than the RM-1 district.

(2) Multiple-family housing shall be provided with necessary services and utilities, including usable outdoor recreation space and a well-designed internal road network.

(4) Multiple-family developments in the RM-2 district shall have direct access to a collector road or major thoroughfare.

(Ord. No. 147-43, § 10.401, 12-15-2003)

40-303. Permitted uses and structures.

(a) Principal uses and structures. In all areas zoned RM-2 multiple-family residential district, no building shall be erected, used or structurally altered, nor shall the land or premises be used in whole or in part, except for one or more of the following principal permitted uses:

(1) Multiple-family dwellings, including apartments, terrace apartments and row houses.

(2) Two-family dwellings.

(3) Publicly owned and operated parks, parkways and recreation facilities.

(4) Private parks owned and maintained by a homeowner association or the proprietor of a housing project.

(5) State-licensed residential facilities which provide resident service for six or fewer persons such as family day care homes, adult foster care family homes, foster family homes or foster family group homes, subject to the regulations in section 206 of Public Act No. 110 of 2006 (MCL 125.3206).

(6) Essential services, subject to the provisions in section 40-644(a).

(7) Exempt signs, subject to section 40-944, and signs allowable in residential districts according to section 40-948

(8) Uses and structures accessory to the above, subject to the provisions in section 40-666, including, but necessarily limited to, the following:

a. Private swimming pools for the exclusive use of residents and their guests.

b. In a new housing development, temporary use of a residence as a model during the period of construction and selling or leasing of homes in the development.

c. Private garages, carports, community garages or parking lots.

d. Signs, subject to the provisions in article X of this chapter.

(b) Special land uses. Subject to the conditions specified for each use; review and approval of the site plan; any special conditions imposed during the course of review; and the provisions set forth in article VII of this chapter, the following uses may be permitted.

(1) Single-family detached dwelling.

(2) Multiple-family housing for the elderly, subject to the provisions in section 40-853(b).

(3) Municipal buildings and uses including public libraries, which do not require outside storage of materials or equipment.

(4) Public, parochial and other private elementary, intermediate or high schools licensed by the state to offer courses in general education.

(5) Public or private colleges, universities and other such institutions of higher learning, offering courses in general, technical or religious education.

(6) Hospitals, subject to the provisions in section 40-852(h).

(7) Nursing homes or convalescent homes, subject to the provisions in section 40-852(m).

(8) Group day care homes and child care centers, subject to the provisions in section 40-852(g).

(9) Religious institutions, subject to the provisions in section 40-852(r).

(Ord. No. 147-43, § 10.402, 12-15-2003)

40-304. Development standards.

(a) Site plan review. Site plan review and approval is required for all uses except detached single-family residential uses, in accordance with article II, division 2 of this chapter.

(b) Area, height, bulk and placement requirements. Buildings and uses in the RM-2 multiple-family residential districts are subject to the area, height, bulk and placement requirements in article III, division 5 of this chapter.

(c) Planned development. Planned development may be permitted as a means to achieve the basic intent of this district, in accordance with the guidelines in article III, division 4 of this chapter.

(d) General development standards. Buildings and uses in the RM-2 multiple-family residential district shall be subject to all applicable standards and requirements set forth in this chapter, including the following:

Article	Topic
Article III, Division 5	Schedule of regulations
Article III, Division 6	Supplemental regulations
Article V	Off-street parking and loading requirements
Article VI	Landscaping and walls
Article VII	Site development standards applicable to specific uses

(Ord. No. 147-43, § 10.403, 12-15-2003)

40-305—40-326. Reserved.

Subdivision VII. RMH Residential Manufactured Housing District²

40-327. District designation.

The RMH zoning district shall be known as the RMH residential manufactured housing district.

(Ord. No. 147-43, § 10.500, 12-15-2003)

40-328. Statement of purpose.

The RMH residential manufactured housing district is intended to allow an alternate form of housing that provides the flexibility of moving living units from place to place. The district is further designed to provide sites for manufactured housing in limited areas to enhance stability, character and property values of the community; increase the possibility of good site planning through the creation of a pleasant residential environment by better facilities for health, sanitation and recreation; and provide the proper community monitoring of all these matters.

(Ord. No. 147-43, § 10.501, 12-15-2003)

40-329. Permitted uses and structures.

The following shall be the permitted principal uses and structures in the RMH residential manufactured housing district:

(1) Mobile homes as defined in section 40-3

(2) Exempt signs subject to section 40-944 and signs allowable in residential districts according to section 40-948

(3) Accessory buildings and uses customarily incidental to the above permitted use.

(Ord. No. 147-43, § 10.502, 12-15-2003)

40-330. Development standards.

(a) Site plan review. Site plan review and approval is required for all uses except detached single-family residential uses, in accordance with article II, division 2 of this chapter.

(b) Area, height, bulk and placement requirements. Mobile home parks and the placement of individual mobile homes shall comply will all requirements stated in section 40-853(c).

(Ord. No. 147-43, § 10.503, 12-15-2003)

40-331—40-348. Reserved.

DIVISION 3. NONRESIDENTIAL DISTRICTS

Subdivision I. In General

40-349—40-369. Reserved.

Subdivision II. O-1 Office District

40-370. District designation.

The O-1 zoning district shall be known as the O-1 office zoning district.

(Ord. No. 147-43, § 11.000, 12-15-2003)

40-371. Statement of purpose.

(a) The intent of the O-1 office district is to accommodate various types of administrative and professional office uses, as well as certain personal service businesses. These uses can serve as transitional uses between more intensive land uses and less intensive residential uses.

(b) This district prohibits those types of retail and other uses that typically generate large volumes of traffic, traffic congestion, parking problems, require outside storage, or have other impacts that could negatively affect the use or enjoyment of adjoining properties. Accordingly, low rise office buildings in landscaped settings with sufficient off-street parking are considered the most appropriate land uses in this district.

(Ord. No. 147-43, § 11.001, 12-15-2003)

40-372. Permitted uses and structures.

(a) Principal uses and structures. In all areas zoned O-1 office district, no building shall be erected, used or structurally altered, nor shall the land or premises be used in whole or in part, except for one or more of the following principal permitted uses:

(1) Office buildings for any of the following professions or occupations: administrative, professional, business, financial management, publishing, accounting, writing, clerical, drafting, real estate, business machines, computers, general sales, secretarial, stenographic, business support services, and like uses subject to the intent and limitations of this subdivision.

(2) General office buildings and related uses, provided that goods are not manufactured nor are any consumer goods sold on the premises.

(3) Business and technical schools.

(4) Funeral homes developed in accordance with the provisions of section 40-852(f).

(5) Electronic data processing, computer centers and business support operations provided that consumer goods are not sold.

(6) Financial institutions without drive-through facilities.

(7) Medical clinics or offices.

(8) Pharmacies.

(9) Public utility offices and publicly owned buildings used for offices or business functions, but not including substations, transformer stations, or storage yards.

(10) Publicly owned buildings used for office or business functions.

(11) Other uses not specifically listed in this chapter, following a determination by the zoning administrator that such use is similar to other permitted uses in this district.

(12) Accessory structures and uses customarily incidental to the above-permitted uses.

(13) Exempt signs subject to section 40-944 and signs allowable in residential districts according to section 40-949

(b) Special land uses. Subject to the conditions specified for each use; review and approval of the site plan; any special conditions imposed during the course of review; and the provisions set forth in article VII of this chapter and section 40-79, the following uses may be permitted:

(1) Financial institutions with drive-through facilities, subject to the provisions of section 40-852(d).

(2) Medical, dental or optional laboratories, excluding the manufacturing of pharmaceutical or any other products for wholesale distribution.

(3) Veterinary clinics, subject to the provisions of section 40-852(u).

(4) Off-premises (billboard) signs, subject to section 40-950

(Ord. No. 147-43, § 11.002, 12-15-2003)

40-373. Development standards.

(a) Required conditions. Unless otherwise noted, buildings and uses in the O-1 office district shall comply with the following requirements:

(1) Manufacturing of products for wholesale distribution off of the premises is strictly prohibited.

(2) All business, services or processing, except off-street parking and loading, shall be conducted within a completely enclosed building, unless otherwise specifically permitted.

(3) Outside storage of any goods, inventory or equipment is prohibited.

(4) Warehousing and/or indoor storage of goods or material, beyond that normally incidental to the above permitted uses, shall be prohibited.

(5) No interior display shall be visible from the exterior of the building. The total area devoted to display, including both the objects and the floor space set aside for persons observing displayed objects, shall be limited to a single story or basement and shall not exceed 25 percent of the useable floor area of that story.

(6) Commercially used or commercially licensed vehicles used in the normal operation of a permitted use on the site may be parked to the rear of the building only. This provision applies to operable vehicles that are moved on and off of the site on a regular basis.

(7) Parking or storage of damaged or disabled vehicles is prohibited. Vehicles parked on a site shall not be used principally for storage, sales or advertising.

(8) The site shall be maintained in compliance with the open space and landscaping requirements of article VI of this chapter.

(9) Regulated uses stated in section 40-855 are strictly prohibited.

(b) Site plan review. Site plan review and approval is required for all uses in the O-1 office district in accordance with article II, division 2 of this chapter.

(c) Area, height, bulk and placement requirements. Buildings and uses in the O-1 office district are subject to the area, height, bulk and placement requirements in article III, division 5 of this chapter.

(d) Planned development. Planned development may be permitted as a means to achieve the basic intent of this district, in accordance with the guidelines in article III, division 4 of this chapter.

(e) General development standards. Buildings and uses in the O-1 office district shall be subject to all applicable standards and requirements set forth in this chapter, including the following:

Article	Topic
Article III, Division 5	Schedule of regulations
Article III, Division 6	Supplemental regulations
Article V	Off-street parking and loading requirements
Article VI	Landscaping and walls
Article VII	Site development standards applicable to specific uses
Article X	Sign and outdoor advertising

(Ord. No. 147-43, § 11.003, 12-15-2003)

40-374—40-404. Reserved.

Subdivision III. B-1 Local Business District

40-405. District designation.

The B-1 zoning district shall be known as the B-1 local business zoning district.

(Ord. No. 147-43, § 11.100, 12-15-2003)

40-406. Statement of purpose.

The B-1 local business district is designed for the convenience of persons residing in adjacent residential areas, and is intended to permit only such uses as are necessary to satisfy the limited shopping and services needs of the residents in the immediate area. Commercial development in this district offers a less intensive range of goods and services than uses permitted in the B-2 district and the B-3 districts. Because of the limited variety of business types permitted in the B-1 district, special attention must be focused on site layout, building design, vehicular and pedestrian circulation and coordination of site features between adjoining sites. Accordingly, B-1 local business district developments should be:

(1) Compatible in design and scale to adjacent developments and adjacent residential districts;

(2) Designed with a pedestrian orientation;

(3) Buffered from or located away from residential areas; and

(4) Located with direct access to a major thoroughfare or indirect access to a major thoroughfare through a minor road or service drive.

(Ord. No. 147-43, § 11.101, 12-15-2003)

40-407. Permitted uses and structures.

(a) Principal uses and structures. In the B-1 local business district, except as otherwise provided in this subdivision, all buildings shall be erected and all lands shall be used only for one or more of the following specified uses:

(1) Retail stores that supply goods and commodities on the premises for persons residing in adjacent residential areas such as: groceries, dairy products, beverages, packaged baked goods or other foods, drugs, dry goods, notions, hardware, books, stationery, records, videocassette rentals or sales, bicycles, flowers, sporting goods, paints, periodicals, shoes, hobby supplies, collectables and small household articles.

(2) Personal service establishments such as shoe repair shops, tailor shops, beauty parlors, barbershops, tanning shops, salons and dry cleaning or laundry pickup stations without processing on the premises.

(3) Financial institutions without drive-through facilities.

(4) Carry-out restaurants without drive-through facilities.

(5) Newspaper distribution stations, provided that a loading and unloading area is provided on the site.

(6) Private clubs and fraternal lodges without facilities offered for rent.

(7) Public utility business offices.

(8) Libraries, museums and publicly owned buildings used for offices or business functions.

(9) Business, executive, administrative and professional offices.

(10) Stores producing jewelry, leather goods, candles and similar merchandise to be sold at retail on the premises, provided that the services of not more than four persons are required to produce such merchandise.

(11) Other uses not specifically listed in this chapter, after determination by the zoning administrator that such use is similar to other permitted uses in this district.

(12) Accessory structures and uses customarily incidental to the above permitted uses.

(13) Exempt signs subject to section 40-944 and signs allowable in nonresidential districts according to section 40-949

(14) Single-family dwelling.

(b) Special land uses. Subject to the conditions specified for each use; review and approval of the site plan; any special conditions imposed during the course of review; and the provisions set forth in article II, division 2 of this chapter and section 40-79, the following uses may be permitted:

(1) Automatic washer, dryer or dry-cleaning establishments with machines for family washing or dry cleaning, provided that on-site operations are limited to coin-operated machines used directly by customers.

(2) Financial institutions with drive-through facilities, subject to the provisions of section 40-852(d).

(3) Funeral homes and mortuaries, subject to the provision of section 40-852(f).

(4) Medical or dental clinics and offices.

(5) Studios for photography, art, music and dancing.

(6) Retail stores dealing in secondhand merchandise.

(7) Off-premises (billboard) signs, subject to section 40-950

(Ord. No. 147-43, § 11.102, 12-15-2003; Ord. No. 147-47, 11-7-2005)

40-408. Development standards.

(a) Required conditions. Unless otherwise noted, buildings and uses in the B-1 district shall comply with the following requirements:

(1) All permitted retail or service establishments shall deal directly with retail customers. Manufacturing of products for wholesale distribution off of the premises is not permitted.

(2) All business, services or processing, except off-street parking and loading, shall be conducted within a completely enclosed building, unless otherwise specifically permitted.

(3) There shall be no outside storage of any goods, inventory or equipment. All storage must be directly related to the principal permitted use.

(4) Commercially used or commercially licensed vehicles used in the normal operation of a permitted retail or service use on the site may be parked in the rear only. This provision shall apply to operable vehicles that are moved on and off of the site on a regular basis.

(5) Parking or storage of damaged or disabled vehicles shall be prohibited. Vehicles parked on a site shall not be used principally for storage, sales or advertising.

(6) All sites shall be maintained in compliance with the open space and landscaping requirements of section 40-815

(7) Regulated uses stated in section 40-947 are strictly prohibited.

(b) Site plan review. Site plan review and approval is required for all uses in the B-1 local business district in accordance with article II, division 2 of this chapter.

(c) Area, height, bulk, and placement requirements. Buildings and uses in the B-1 district are subject to the area, height, bulk, and placement requirements in article III, division 5 of this chapter.

(d) Planned development. Planned development may be permitted as a means to achieve the basic intent of this district, in accordance with the guidelines in article III, division 4 of this chapter.

(e) General development standards. Buildings and uses in the B-1 local business district shall be subject to all applicable standards and requirements set forth in this chapter, including the following:

Article	Topic
Article III, Division 5	Schedule of regulations
Article III, Division 6	Supplemental regulations
Article V	Off-street parking and loading requirements
Article VI	Landscaping and walls
Article VII	Site development standards applicable to specific uses

(Ord. No. 147-43, § 11.103, 12-15-2003)

40-409—40-429. Reserved.

Subdivision IV. B-2 Community Business District

40-430. District designation.

The B-2 zoning district shall be known as the B-2 community business zoning district.

(Ord. No. 147-43, § 11.200, 12-15-2003)

40-431. Statement of purpose.

The intent of the B-2 community business district is to provide for commercial development that offers a broad range of goods and services. Uses permitted in the B-2 district are generally intended to be more intensive than those in the B-1 district and less intensive than those permitted in the B-3 district. Commercial establishments in the B-2 district cater to the convenience and comparison shopping needs of residents. Because of the variety of business types permitted in the B-2 district, special attention must be focused on site layout, building design, vehicular and pedestrian circulation, and coordination of site features between adjoining sites. Accordingly, community business district developments should be:

(1) Compatible in design with adjacent commercial development;

(2) Designed as part of a planned shopping center or in coordination with development on adjoining nonresidential sites;

(3) Buffered and screened from or located away from residential areas; and

(4) Served by a major thoroughfare, service drive to a major thoroughfare or frontage road for a major thoroughfare.

(Ord. No. 147-43, § 11.201, 12-15-2003)

40-432. Permitted uses and structures.

(a) Principal uses and structures. In all areas zoned B-2 community business district, no building shall be erected, used or structurally altered, nor shall the land or premises be used in whole or in part, except for one or more of the following principal permitted uses:

(1) All principal uses and structures permitted in the B-1 business district as specified in section 40-408(a).

(2) Bakeries with all goods for retail sale on the premises.

(3) Duplicating services.

(4) Commercial parking lots.

(5) Electronics, bicycle and household appliance repair shops.

(6) Veterinary clinics, subject to section 40-852(t).

(7) Instruction dance studios provided that the primary use is the instruction of dance. No additional uses other than those directly incidental to the instruction of dance, as determined by the planning commission, shall be permitted.

(8) Other uses not specifically listed in this chapter, after determination by the zoning administrator that such use is similar to other uses permitted in this district.

(9) Accessory structures and uses customarily incidental to the above permitted uses.

(10) Exempt signs subject to section 40-944 and signs allowable in nonresidential districts according to section 40-949

(b) Special land uses. Subject to the conditions specified for each use; review and approval of the site plan; any special conditions imposed during the course of review; and the provisions set forth in article II, division 2 of this chapter and section 40-79, the following uses may be permitted:

(1) Carry-out restaurants.

(2) Financial institutions with drive-through facilities, subject to section 40-852(d).

(3) Funeral homes and mortuaries, subject to section 40-852(f).

(4) Group day care home or childcare center, subject to section 40-852(g).

(5) Indoor recreation facilities and personal fitness centers, subject to section 40-852(q)(2).

(6) Laundries and dry cleaning establishments with coin-operated machines or with processing limited to goods brought to the establishment by the individual retail customer, provided that no goods are processed from any other location.

(7) Open air businesses, subject to section 40-852(n).

(8) Standard restaurants without drive-through facilities, subject to section 40-852(o).

(9) Veterinary hospitals, subject to section 40-852(u).

(10) Automobile service centers (minor repairs), subject to section 40-852(b)(2).

(11) Fast-food restaurants with drive-through facilities, subject to section 40-852(n).

(12) Off-premises (billboard) signs, subject to section 40-950

(Ord. No. 147-43, § 11.202, 12-15-2003; Ord. No. 147-47, 11-7-2005)

40-433. Development standards.

(a) Required conditions. Unless otherwise noted, buildings and uses in the B-2 community business district shall comply with the following requirements:

(1) All permitted retail or service establishments shall deal directly with customers. Manufacturing of products for wholesale distribution off of the premises is not permitted.

(2) All business, services or processing, except off-street parking and loading, shall be conducted within a completely enclosed building, unless otherwise specifically permitted.

(3) There shall be no outside storage of any goods, inventory or equipment. Any storage must be clearly accessory to the principal permitted use.

(5) Parking or storage of damaged or disabled vehicles shall be prohibited. Vehicles parked on a site shall not be used principally for storage, sales or advertising.

(6) All sites shall be maintained in compliance with the open space and landscaping requirements of section 40-815

(7) Regulated uses stated in section 40-855 are strictly prohibited.

(b) Site plan review. Site plan review and approval is required for all uses in the B-2 community business district in accordance with article II, division 2 of this chapter.

(c) Area, height, bulk and placement requirements. Buildings and uses in the B-2 community business district are subject to the area, height, bulk and placement requirements in article III, division 5 of this chapter.

(d) Planned development. Planned development may be permitted as a means to achieve the basic intent of this district, in accordance with the guidelines in article III, division 4 of this chapter.

(e) General development standards. Buildings and uses in the B-2 community business district shall be subject to all applicable standards and requirements set forth in this chapter, including the following:

Article	Topic
Article III, Division 5	Schedule of regulations
Article III, Division 6	Supplemental regulations
Article V	Off-street parking and loading requirements
Article VI	Landscaping and walls
Article VII	Site development standards applicable to specific uses

(Ord. No. 147-43, § 11.203, 12-15-2003)

40-434—40-464. Reserved.

Subdivision V. B-3 General Business District

40-465. District designation.

The B-3 zoning district shall be known as the B-3 general business zoning district.

(Ord. No. 147-43, § 11.300, 12-15-2003)

40-466. Statement of purpose.

(a) The intent of the B-3 general business district is to provide for intensive commercial development. B-3 districts typically exhibit one or more of the following characteristics:

(1) Permitted businesses offer a broad range of goods and services, including both comparison and convenience goods and services.

(2) The market for businesses in the B-3 district may include the general township population, residents in surrounding communities or region, and the people in transit.

(3) Permitted businesses are frequently auto-oriented, rather than pedestrian-oriented.

(4) Because of the negative impacts commonly generated by B-3 uses, these districts are not generally appropriate adjacent to residential uses unless extensive buffering is provided.

(b) Because of the variety of business types permitted in the B-3 district, special attention must be focused on site layout, building design, vehicular and pedestrian circulation, spacing of uses, and coordination of site features between adjoining sites. Accordingly, general business district developments should be:

(1) Compatible in design with adjacent commercial development;

(2) Designed in coordination with development on adjoining nonresidential sites;

(3) Buffered from or located away from residential areas; and

(4) Directly served by a major thoroughfare.

(Ord. No. 147-43, § 11.301, 12-15-2003)

40-467. Permitted uses and structures.

(a) Principal uses and structures. In all areas zoned B-3 general business district, no building shall be erected, used or structurally altered, nor shall the land or premises be used in whole or in part, except for one or more of the following principal permitted uses:

(1) All uses permitted in B-1 local business district as stated in section 40-407(a) and the B-2 community business district in section 40-433(a).

(2) Service establishments including, but not limited to, a workshop maintained by electricians, plumbers, painters, upholsterers or printers, when in conjunction with retail establishments that offer merchandise of a related nature.

(3) Hotel or motel, subject to section 40-852(l).

(4) Public utility buildings, telephone exchange buildings, electric transformer stations and substations, gas regulator stations with service yards but without storage yards or water and sewage pumping stations.

(5) Other uses not specifically listed in this chapter, after determination by the zoning administrator that such use is similar to other permitted uses in this district.

(6) Accessory structures and uses customarily incidental to the above permitted use.

(b) Special land uses. Subject to the conditions specified for each use; review and approval of the site plan; any special conditions imposed during the course of review; and the provisions set forth in article II, division 2 of this chapter and section 40-79, the following uses may be permitted:

(1) All special land uses permitted in the B-1 business district as stated in section 40-407(b) and all special land uses permitted in the B-2 community business district in section 40-433(b).

(2) Automobile and vehicle sales establishments, subject to section 40-852(a).

(3) Automobile fueling stations, automobile service stations, subject to section 40-852(b)(1).

(4) Automobile repair garage (minor repairs), subject to section 40-852(b)(2).

(5) Automobile washes or car wash establishments, subject to section 40-852(c).

(6) Bus terminals, bus passenger stations, cab stands, and other transit facilities.

(7) Drive-in establishments, subject to section 40-852(d).

(8) Indoor motion picture theaters and rental halls.

(9) Open air businesses, subject to section 40-852(n).

(10) Greenhouses or nurseries.

(11) Recreation facilities, indoor and outdoor, subject to section 40-852(q).

(12) Hospitals, subject to section 40-852(h).

(13) Nursing homes, convalescent homes, rest homes, orphanages and half-way houses, subject to section 40-852(m).

(14) Regulated uses, subject to section 40-855, including:

a. Adult book or supply store.

b. Adult model studio.

c. Adult motion picture arcade.

d. Adult motion picture theater or adult live stage performing theater.

e. Adult outdoor motion picture theater.

f. Adult physical cultural establishment.

g. Arcade.

h. Bar/lounge/tavern.

i. Boardinghouse, roominghouse or fraternity house.

j. Cabaret.

k. Fortune telling and similar uses.

l. Massage parlor or massage establishment.

m. Pawnshops and exchange establishments.

n. Pool or billiard hall.

o. Public lodginghouse.

p. Smoke shop.

q. Specially designated distributor’s establishment.

r. Specially designated merchant’s establishment.

s. Tattoo parlor.

(15) Outdoor meeting, entertainment and/or athletic venues, subject to section 40-852(v).

(16) Restaurants, subject to section 40-852(e) and/or section 40-854(o).

(Ord. No. 147-43, § 11.302, 12-15-2003; Ord. No. 147-47, 11-7-2005)

40-468. Development standards.

(a) Required conditions. Unless otherwise noted, buildings and uses in the B-3 general business district shall comply with the following requirements:

(1) All permitted retail or service establishments shall deal directly with customers. Manufacturing of products for wholesale distribution off of the premises is not permitted.

(2) All business, services or processing, except off-street parking and loading, shall be conducted within a completely enclosed building, unless otherwise specifically permitted.

(3) Outside storage of goods, inventory or equipment is prohibited except in compliance with an approved site plan. Any storage must be clearly accessory to the principal permitted use.

(5) Parking or storage of damaged or disabled vehicles shall be prohibited. Vehicles parked on a site shall not be used principally for storage, sales or advertising.

(6) All sites shall be maintained in compliance with the open space and landscaping requirements of section 40-815

(b) Site plan review. Site plan review and approval is required for all uses in the B-3 general business district in accordance with article II, division 2 of this chapter.

(c) Area, height, bulk and placement requirements. Buildings and uses in the B-3 general business district are subject to the area, height, bulk and placement requirements in article III, division 5 of this chapter.

(d) Planned development. Planned development may be permitted as a means to achieve the basic intent of this district, in accordance with the guidelines in article III, division 4 of this chapter.

(e) General development standards. Buildings and uses in the B-3 general business district shall be subject to all applicable standards and requirements set forth in this chapter, including the following:

Article	Topic
Article III, Division 5	Schedule of regulations
Article III, Division 6	Supplemental regulations
Article V	Off-street parking and loading requirements
Article VI	Landscaping and walls
Article VII	Site development standards applicable to specific uses

(Ord. No. 147-43, § 11.303, 12-15-2003)

40-469—40-489. Reserved.

Subdivision VI. I-L Light Industrial District

40-490. District designation.

The I-L zoning district shall be known as the I-L light industrial zoning district.

(Ord. No. 147-43, § 11.400, 12-15-2003)

40-491. Statement of purpose.

(a) The intent of the I-L light industrial district is to provide locations for planned industrial development, including development within planned industrial park subdivisions and on independent parcels. It is intended that permitted activities or operations produce no external impacts that are detrimental in any way to other uses in the district or to properties in adjoining districts. Permitted uses should be compatible with nearby residential or commercial uses.

(b) Accordingly, permitted manufacturing, distribution, warehousing and light industrial uses permitted in this district should be fully contained within well-designed buildings on amply-landscaped sites, with adequate off-street parking and loading areas.

(Ord. No. 147-43, § 11.401, 12-15-2003)

40-492. Permitted uses and structures.

(a) Principal uses and structures. In all areas zoned I-L light industrial district, no building shall be erected, used or structurally altered, nor shall the land or premises be used in whole or in part, except for one or more of the following principal permitted uses:

(1) Central dry cleaning plants and laundries, provided that such plants do not deal directly with the customer at retail.

(2) Data processing and computer centers, including electronic data processing and computer equipment service establishments.

(3) Essential services, subject to the provisions in section 40-644(a).

(4) Greenhouses and plant nurseries.

(5) Laboratories involved in basic research, experiment, design, testing or prototype product development.

(6) Lumber yards or building material sales establishments that have storage in partially open structures, subject to the following conditions:

a. The ground floor premises facing upon and visible from any abutting street shall be used only for entrances, offices, sales or display.

b. Open storage structures shall be enclosed on three sides and shall have a roof.

c. The entire site, exclusive of access drives, shall be enclosed with a six-foot-high chainlink fence or masonry wall, constructed in accordance with article II, division 2 of this chapter.

d. A landscaped greenbelt with a minimum width of 20 feet shall be required adjacent to any street, in conformance with section 40-814(d).

(7) Manufacturing, compounding, bottling, processing, packaging, treatment or fabrication of products that do not involve the creation of odors or have other offensive impacts.

(8) Manufacturing, compounding, assembling or treatment of articles or goods from the following previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semi-precious metals or stones, shell, textiles, tobacco, yarns, sheet metal, wax, wire and wood.

(9) Manufacturing and/or assembling of electrical appliances, electronic instruments and devices, radios and phonographs.

(10) Manufacturing of pottery and figurines or other similar ceramic products using only previously pulverized clay, and kilns fired only by electricity or gas.

(11) Manufacturing and/or assembling of musical instruments, toys, novelties, sporting goods, photographic equipment and metal or rubber stamps, or other small molded rubber products.

(12) Manufacturing of light sheet metal products, including heating and ventilating equipment, cornices, eaves and similar products.

(13) Metal polishing and buffing, but not including metal plating.

(14) Printing, lithography, blueprinting and similar uses.

(15) Public utility or municipal service buildings, including electric or gas service buildings and yards, telephone exchange buildings, electric transformer stations, gas-regulator stations, water treatment plants and reservoirs, and sewage treatment plants, provided that any open storage shall require special land use approval.

(16) Tool, die, gauge and machine shops.

(17) Warehousing and wholesale activities.

(18) Indoor and outdoor recreation facilities, subject to section 40-852(q).

(19) Other research or light manufacturing uses similar to the above.

(20) Uses and structures accessory to the above, subject to the provisions in section 40-666. Accessory office and sales operations may be permitted where such activities are clearly incidental to the principal industrial use, subject to the provisions in section 40-854

(21) Off-premises (billboard) signs, subject to section 40-950

(b) Special land uses. Subject to the conditions specified for each use; review and approval of the site plan; any special conditions imposed during the course of review; and the provisions set forth in article II, division 2 of this chapter and section 40-79, the following uses may be permitted:

(1) Automobile repair garage (minor repair), subject to the provisions in section 40-852(b) and provided that all operations are carried on within a completely enclosed building.

(2) Automobile, truck and heavy equipment repair garage (major repair), subject to the provisions in section 40-852(b) and provided that all operations are carried on within a completely enclosed building.

(3) Contractor’s storage yards, provided that such yards are completely enclosed within an eight-foot masonry wall or screening, in accordance with section 40-820(5).

(4) Construction equipment and related equipment sales, leasing and storage, subject to the following conditions:

a. Where feasible, equipment shall be stored inside. Open storage structures may be permitted by the planning commission, provided that such structures are enclosed on three sides and have a roof.

b. Storage yards shall be screened from any abutting public or private road in accordance with section 40-820(5).

(5) Manufacturing, wholesale distribution or warehousing of fireworks, explosives, ammunition or other detonable materials, subject to the provisions in section 40-875(5).

(6) Metal plating, buffing and polishing operations.

(7) Millwork, lumber and planning mills when completely enclosed and located on the exterior of the district so that no property line forms the exterior boundary of the M-1 district.

(8) Mini-warehouses, subject to the provisions in section 40-852(k).

(9) Bottling and packaging plants.

(10) Radio, television, cellular telephone, microwave and/or related transmitting and receiving towers, subject to the provisions in section 40-852(p) and section 40-739

(11) Retail or service accessory uses that are clearly intended to serve the occupants and patrons of the principal use, provided that any such use shall be an incidental use occupying no more than five percent of a building that accommodates a principal permitted use. Permitted accessory retail and service uses shall be limited to the following:

a. Child care services that are intended to serve families of workers in the district.

b. Financial institutions, including banks, credit unions and savings and loan associations.

c. Personal service establishments which are intended to serve workers or visitors in the district, such as dry cleaning establishments, travel agencies, tailor shops or similar service establishments.

d. Restaurants, cafeterias or other places serving food and beverages for consumption within the building.

e. Retail establishments that deal directly with the consumer and generally serve the convenience shopping needs of workers and visitors, such as convenience stores, drugstores, uniform supply stores or similar retail businesses.

f. Other accessory uses determined to be incidental to the principle use upon completion of site plan review by the planning commission.

(12) Junkyards, subject to section 40-852(i).

(13) Commercial kennels, subject to section 40-853(j).

(Ord. No. 147-43, § 11.402, 12-15-2003)

40-493. Development standards.

(a) Required conditions. Except as otherwise noted, buildings and uses in the light industrial district shall comply with the following requirements:

(1) All manufacturing, compounding, assembling, processing, packaging or other industrial or business activity shall comply with the performance standards set forth in article VIII of this chapter.

(2) All manufacturing, compounding, assembling, processing, packaging or other industrial or business activity shall be conducted within a completely enclosed building, except as otherwise specified.

(3) There shall be no outside storage of any goods, inventory or equipment except in designated areas that shall

be enclosed on all sides with a screening fence or wall, subject to the requirements in section 40-814. Use of trailers for storage is prohibited, unless licensed and roadworthy according to the motor vehicle code of the state.

(4) Where applicable, machinery shall comply with the standards in section 40-852(s) and all performance standards in section 40-875

(b) Site plan review. Site plan review and approval is required for all uses in the light industrial district in accordance with article II, division 2 of this chapter.

(c) Area, height, bulk and placement requirements. Buildings and uses in the light industrial district are subject to the area, height, bulk and placement requirements in article III, division 5 of this chapter.

(d) Planned development. Planned development may be permitted as a means to achieve the basic intent of this district, in accordance with the guidelines in article III, division 4 of this chapter.

(e) General development standards. Buildings and uses in the light industrial district shall be subject to all applicable standards and requirements set forth in this chapter, including the following:

Article	Topic
Article III, Division 5	Schedule of regulations
Article III, Division 6	Supplemental regulations
Article V	Off-street parking and loading requirements
Article VI	Landscaping and walls
Article VII	Site development standards applicable to specific uses
Article VIII	Performance standards

(Ord. No. 147-43, § 11.403, 12-15-2003)

40-494—40-524. Reserved.

Subdivision VII. I-H Heavy Industrial District

40-525. District designation.

The I-H zoning district shall be known as the I-H heavy industrial zoning district.

(Ord. No. 147-43, § 11.500, 12-15-2003)

40-526 Statement of purpose.

The heavy industrial district (I-H) is designed primarily for manufacturing, assembling, and fabrication activities including large scale or specialized industrial operations, whose external physical effects will be felt to some degree by surrounding districts. The I-H district is so structured as to permit the manufacturing, processing, and compounding of semi-finished or finished products from raw materials, as well as from previously prepared materials. All uses permitted to be established in the heavy industrial district shall meet the general goals and intents listed below:

(1) To promote the most desirable use of land in accordance with a well considered plan, thereby conserving and protecting the township value of land, structures, and uses.

(2) To establish specific uses, regulated in such a way that they are provided with sufficient space, in appropriate locations, to meet the needs of the township’s expected future economic, industrial, and manufacturing needs, and related uses.

(3) To protect abutting residential districts and to protect the general safety and welfare of the public from any detrimental impact of industrial uses, by establishing specific controls and separation requirements from the manufacturing activities.

(4) To protect the industrial districts by prohibiting the use of such industrial areas for new residential development in keeping with the character and established pattern of adjacent development in each area.

(Ord. No. 147-43, § 11.501, 12-15-2003; Zoning Amendment, 8-16-2010)

40-527 Permitted uses and structures.

(a) Principal uses and structures. In a heavy industrial district (I-H), no building or land shall be used and no building shall be erected except for one or more of the following specified uses, including any special conditions listed below, unless otherwise provided in this chapter:

(1) All uses listed as a principal use permitted in the I-L light industrial district.

(2) Heating and electric power generating plants.

(3) Accessory uses, buildings and structures customarily incidental to any of the above uses, as defined in section 40-666, is permitted with the special land use approval; except use or storage of hazardous materials or above ground fuel storage, or accessory incinerators which require a separate special land use permit.

(4) Off-premises (billboard) signs, subject to section 40-950.

(b) Special land uses. The following special land uses may be permitted upon review and approval by the planning commission in accordance with sections 40-79 and 40-950:

(1) Special land uses in the light industrial (I-1) zoning districts that are not listed as permitted uses in this section.

(2) Any of the following processing, production or manufacturing uses (not including storage of finished products); provided, that they are located a minimum of 800 feet from any residential district and a minimum of 300 feet from any other zoning district:

a. Incineration of garbage or refuse when conducted within an approved and enclosed incinerator plant.

b. Blast furnace, steel furnace, blooming or rolling mill.

c. Manufacture of corrosive acid or alkali, cement, lime, gypsum or plaster of Paris.

d. Petroleum or other inflammable liquids, production, refining or storage.

e. Manufacturing, assembly, stamping and processing of raw materials into finished products.

f. Asphalt or concrete plants.

g. Foundries.

(3) Recycling collection stations and processing centers that are privately owned and operated, subject to section 40-852(aa).

(4) Quarries, crushing and/or batch plants, subject to section 40-852(z).

(5) Outdoor meeting, entertainment and/or athletic venues, subject to section 40-852(v).

(6) Vehicular race tracks, subject to section 40-852(w).

(7) Horse and dog tracks, casinos and fairs, subject to section 40-852(x).

(8) Cemeteries, subject to section 40-852(y).

(9) Sanitary landfills, transfer facilities and processing plants, subject to section 40-852(aa).

(10) Salvage yards, provided that such are entirely enclosed within a building or within an eight foot obscuring wall and provided further that one property line abuts a railroad right-of-way.

(11) Smelting of copper, iron or zinc ore.

(12) Stamping plants, punch presses, press brakes and other machines, subject to section 40-852(s).

(13) Stock yards and slaughterhouses.

(14) Tire vulcanizing and recapping plants.

(15) Temporary major events such as circuses, carnivals, fairs or concerts following site plan review and approval as stated in article II, division 2 of this chapter.

(16) Towers for radio, television and cellular phone transmission, subject to sections 40-852(p) and 40-739.

(17) Accessory incinerators.

(18) Accessory propane sales.

(19) Uses of the same nature or class as uses listed in this district as either a principal use permitted or a special land use, but not listed elsewhere in this zoning ordinance, as determined by the planning commission based on the standards of section 40-666.

(20) Accessory uses, buildings and structures customarily incidental to any of the above uses, as defined in section 40-666, are permitted with the special land use approval; except use or storage of hazardous materials or aboveground fuel storage, which require a separate special land use permit.

(21) Facilities for the cultivation of medical marihuana by a registered primary caregiver as defined under the MMMA, and subject to all applicable requirements of this zoning ordinance and the Port Huron Township medical marihuana caregiver’s ordinance.

(Ord. No. 147-43, § 11.502, 12-15-2003; Ord. No. 253, 12-19-2022)

40-528 Development standards.

(a) Required conditions. Except as otherwise noted, buildings and uses in the heavy industrial district shall comply with the following requirements:

(1) Impact. All industrial, manufacturing, or other approved structures or uses on a site shall be provided with remedies for protection of the surrounding properties from the impacts generated by the structure or use on the site as follows:

a. Physical remedies shall be established on the site of the proposed development to minimize any and all negative impacts. This may consist of, but not be limited to, walls, berms, screening, landscaping, or other remedies that are capable of shielding the adjacent properties from the negative impact in order to achieve compliance with the ordinance standards listed.

1. The planning commission may approve alternate standards not listed in this section that can be demonstrated to achieve compliance with the intent of this section, upon demonstration and verification of the required compliance by the applicant or their representative.

b. If there are questions as to the severity of the impact that the activity may produce, now or in the future, the planning commission may require the applicant to provide test results from certified testing agencies, and/or registered engineering firms demonstrating what that impact will be, including the presentation and verification of reports of other similar developments and their existing impacts on the communities in which they are currently located.

(2) Outdoor activity. Outside uses and/or storage of any goods, inventory, or equipment shall comply with the minimum requirements listed below:

a. The activity shall be protected from access by the general public with the enclosure of a minimum six- to eight-foot high cyclone or other security fence where required by the planning commission, for the general safe operation of the use.

b. A minimum 20-foot side yard setback may be required to be established for all uses that may pose a health, safety, or fire hazard, when required by the planning commission, upon the review and recommendation of the township engineer, fire, public works, building or legal departments and/or advisors.

c. Use or storage on the site of any type of trailers and/or other vehicles, including recreational vehicles of all types, shall be prohibited unless specifically permitted and approved by the planning commission and directly required for the specific use permitted and approved by the planning commission after site plan review and approval.

(3) Performance. All buildings and uses shall comply with all the requirements listed in the township ordinances at all times. Should complaints be received regarding a violation of the current performance standards listed in article 40-8, and a violation of the ordinance can be verified by the process listed therein, the property, structure, and use shall be brought into compliance with the current requirements of the ordinance by whatever changes are necessary to achieve compliance. These requirements shall not be subject to a variance from the zoning board of appeals.

(b) Site plan review. Site plan review and approval is required for all uses in the heavy industrial district in accordance with article 40-2, division 2.

(c) Area, height, bulk, and placement requirements. Buildings and uses in the heavy industrial district are subject to the area, height, bulk, and placement requirements in article 40-3, division 5.

(d) Planned development. Planned development may be permitted as a means to achieve the basic intent of this district, in accordance with the guidelines in article 40-3, division 4.

(e) General development standards. Buildings and all permitted and special land uses in the heavy industrial district shall be subject to all applicable standards and requirements set forth in this chapter, including the following:

Article	Topic
Article III, Division 5	Schedule of regulations
Article III, Division 6	Supplemental regulations
Article V	Off-street parking and loading requirements
Article VI	Landscaping and walls
Article VII	Site development standards applicable to specific uses
Article VIII	Performance standards

(Ord. No. 147-43, § 11.503, 12-15-2003; Zoning Amendment, 8-16-2010)

40-529—40-549. Reserved.

Subdivision VIII. PSP Public/Semipublic Property District

40-550 District designation.

The PSP zoning district shall be known as the PSP public/semipublic zoning district.

(Ord. No. 147-43, § 11.600, 12-15-2003)

40-551 Statement of purpose.

The intent of the PSP public/semipublic district is to accommodate public areas available to the residents and businesses of the township. This district provides areas for off-street parking as an incidental use to an abutting commercial, office or industrial use and preserves areas of dedicated open space.

(Ord. No. 147-43, § 11.601, 12-15-2003)

40-552 Permitted uses and structures.

(a) Principal uses and structures. In all areas zoned PSP public/semipublic, the land or premises shall be used only for the following:

(1) Open space, wetlands, woodlands and greenbelt areas dedicated to the public.

(2) Off-street parking facilities serving office, commercial or industrial uses developed and maintained in accordance with the regulations set forth herein.

(3) Pedestrian malls, parks, trails, playgrounds and playfields owned by governmental bodies.

(b) Special land uses. Subject to the conditions specified for each use; review and approval of the site plan; any special conditions imposed during the course of review; and the provisions set forth in article II, division 2 of this chapter and section 40-666, the following uses may be permitted:

(1) Hospitals, subject to section 40-852(h).

(2) Buildings and/or uses of the township or other governmental body.

(3) Religious institutions, subject to section 40-852(r).

(4) Golf courses owned by governmental bodies.

(5) Airports, both public and private.

(6) Indoor and outdoor recreation facilities operated by governmental entities or nonprofit organizations, subject to section 40-852(q).

(7) Cemeteries, subject to section 40-852(y).

(8) Cellular towers, subject to section 40-739.

(Ord. No. 147-43, § 11.602, 12-15-2003)

40-553 Development standards.

(a) Required conditions. Except as otherwise noted, buildings and uses in the public property district shall comply with the following requirements:

(1) Permitted off-street parking shall be constructed and maintained in accordance with the provisions in article V of this chapter.

(2) Off-street parking in the PSP district shall be accessory to, and for use in connection with, one or more business, office or industrial uses, located in an adjoining commercial, office or industrial district.

(3) Permitted off-street parking shall abut a nonresidential zoning district. There may be a private driveway or public alley between the off-street parking and the abutting nonresidential district.

(4) Permitted off-street parking shall be used solely for parking of passenger vehicles for periods of less than 24 consecutive hours.

(5) Permitted off-street parking areas shall not be used for off-street loading, outside storage or display, or vehicular repair. Parking or storage of damaged or disabled vehicles shall be prohibited. No vehicle parked on a site shall be used principally for storage, sales or advertising.

(6) No signs shall be permitted except for signs designating entrances, exits, other traffic directions signs and signs related to restrictions or conditions of use of the off-street parking area.

(7) Nongovernmental buildings are generally prohibited within the PSP district. Following site plan review, the planning commission may allow the construction of a building consistent with the intent of this section.

(8) Any site developed within the PSP district that abuts a residentially zoned district shall comply with section 40-815(c). In addition, a ten-foot setback shall be provided between the side or rear property line and the edge of the parking lot. Notwithstanding the landscaping requirements in article VII of this chapter, off-street parking in the PSP district need not be screened from any business it is intended to serve.

(9) Where a PSP district is contiguous to a residentially zoned district that has common frontage on the same road, the minimum front yard setback shall be equal to the required front yard setback for the residential district. A landscaped berm shall be required to screen the parking from view of the road, in accordance with section 40-814(c).

(b) Site plan review. Site plan review and approval is required for all uses in the public/semipublic property district in accordance with article II, division 2 of this chapter.

(c) General development standards. Buildings and uses in the PSP district shall be subject to all applicable standards and requirements set forth in this chapter, including the following:

Article	Topic
Article III, Division 5	Schedule of regulations
Article III, Division 6	Supplemental regulations
Article V	Off-street parking and loading requirements
Article VI	Landscaping and walls
Article VII	Site development standards applicable to specific uses

(Ord. No. 147-43, § 11.603, 12-15-2003)

40-554—40-584. Reserved.

40-585. Intent and scope of requirements.

(a) It is the intent of these regulations to permit planned development for the purposes of:

(1) Encouraging innovation in land use planning and development.

(2) Achieving a higher quality of development than would otherwise be achieved.

(3) Encouraging assembly of lots and redevelopment of outdated commercial corridors.

(4) Encouraging in-fill development on sites that would be difficult to develop according to conventional standards because of the shape, size, abutting development, accessibility or other features of the site.

(5) Providing enhanced housing, employment and shopping opportunities.

(6) Providing a development framework that promotes appropriate business activity that significantly improves the economic viability of the township.

(7) Ensuring compatibility of design and function between neighboring properties.

(8) Encouraging development that is consistent with the township’s comprehensive development plan.

(b) These planned development regulations are not intended as a device for ignoring the more specific standards in this chapter, or the planning upon which the standards are based. Rather, these provisions are intended to result in development that is substantially consistent with the zoning standards generally applied to the proposed uses, but allowing for modifications to the general standards to ensure a superior quality of development.

(Ord. No. 147-43, § 12.001, 12-15-2003)

40-586. Eligibility criteria.

To be eligible for planned development approval, the applicant must demonstrate that the following criteria will be met:

(1) Recognizable and substantial benefit. The planned development shall result in a recognizable and substantial benefit to the ultimate users of the project and to the community.

(2) Minimum frontage and size. The planned development shall have minimum frontage of 200 feet along a public street or road. The minimum size of a parcel that is developed as a planned development shall be 30,000 square feet.

(3) Availability and capacity of public services. The proposed type and density of use shall not result in an unreasonable increase in the use of public services, facilities and utilities.

(4) Compatibility with the master plan. The proposed development shall not have an adverse impact on the comprehensive development plan of the township.

(5) Compatibility with the planned development intent. The proposed development shall be consistent with the intent and spirit of these regulations, as stated in section 40-585

(6) Economic impact. The proposed development shall not impede the continued use or development of surrounding properties for uses that are permitted in this chapter.

(7) Unified control of property. The proposed development shall be under single ownership or control such that there is a single person or entity having responsibility for completing the project in conformity with the planned development regulations. This provision shall not prohibit a transfer of ownership or control, provided that notice of such transfer is given immediately to the township clerk.

(Ord. No. 147-43, § 12.002, 12-15-2003)

40-587. Project design standards.

Proposed planned developments shall comply with the following project design standards:

(1) Location. A planned development may be approved in any location in the township, subject to review and approval as provided herein.

(2) Permitted uses. Any land use authorized in this chapter may be included in a planned development as a principal or accessory use, provided that public health, safety and welfare are not impaired. Any application reviewed for a planned development district shall be limited to uses consistent with the underlying zoning classification, unless the planning commission and township board permit a mix of uses according to subsection (6) of this section.

(3) Applicable base regulations. Unless waived or modified in accordance with subsection (4) of this section, the yard and bulk, parking, loading, landscaping, lighting and other standards for the districts listed below shall be applicable for uses proposed as a part of a planned development:

a. Single-family residential uses shall comply with the regulations applicable in the underlying residential district as stated in article III, division 2 of this chapter.

b. Multiple-family residential uses shall comply with the regulations applicable in the RM-2 multiple-family residential district, article III, division 2 of this chapter.

c. Retail commercial uses shall comply with the regulations applicable in the B-2 community business district, article III, division 3 of this chapter.

d. Office uses shall comply with the regulations applicable in the O-1 office district, article III, division 3 of this chapter.

e. Industrial uses shall comply with the regulations in the I-L light industrial district, article III, division 3 of this chapter.

f. Mixed uses shall comply with the regulations applicable for each individual use, as outlined above, except that if regulations are inconsistent with each other, the regulations applicable to the most dominant use shall apply.

(4) Regulatory flexibility. To encourage flexibility and creativity consistent with the planned development concept, departures from the regulations in subsection (3) of this section may be permitted, subject to review and approval by the planning commission and township board of trustees. For example, such departures may include modifications to lot dimensional standards, floor area standards, setback requirements, density standards, parking, loading and landscaping requirements, and similar requirements. Such modifications may be permitted only if they will result in a higher quality of development than would be possible without the modifications.

(5) Residential density. In no case shall the density of dwelling units within an approved planned development exceed the density that would be allowable for the residential zoning district for which the zoning amendment is requested (underlying district). The number of residential dwelling units allowable within a planned development project shall be determined in the following manner:

a. The applicant shall prepare, and present to the planning commission for review, a parallel design plan for the proposed project that complies with state, county and township requirements and design criteria for a tentative preliminary subdivision plat, fully consistent with Public Act No. 288 of 1967 (MCL 560.101 et seq.), land division act, the township subdivision control regulations and/or township condominium regulations (article IX of this chapter). This design shall include all information as required by the procedures stated in article II, division 2 of this chapter.

b. The planning commission shall review the design and determine the number of dwelling units that could be feasibly constructed if the parallel design for the underlying district were constructed. This number, as determined by the planning commission, shall become the maximum number of dwelling units allowable within the planned development project.

(6) Permitted mix of uses. Where the existing underlying zoning district is residential, nonresidential uses may be permitted as part of a planned development that also contains a residential component at the sole discretion of the planning commission and township board, provided that the applicant demonstrates that the residential uses will be predominant. The planning commission shall determine predominance of use after taking into account the following criteria as they apply to each of the proposed uses: amount of traffic generated; hours of operation or use; noise, odors and overall impact on adjoining uses; land area allocated to each use; and building area allocated to each use.

(7) Open space requirements. Planned developments containing a residential component shall provide and maintain usable open space at the ratio of 350 square feet of open space per dwelling unit, provided that each development shall contain a minimum of 10,000 square feet of open space. Any pervious land area within the boundaries of the site may be included as required open space, except for land contained in public or private street rights-of-way. The required open space shall be set aside by the developer through an irrevocable conveyance, such as a deed restriction or covenant that runs with the land, ensuring that the open space will be developed according to the site plan and never changed to another use. Such conveyance shall provide:

a. For the privately owned open space to be maintained by private property owners with an interest in the open space.

b. Maintenance standards and a maintenance schedule.

c. For assessment of the private property owners by the township for the cost of maintenance of the open space in the event that it is inadequately maintained and becomes a public nuisance.

(8) Frontage and access. Planned developments shall front onto a primary major thoroughfare, secondary major thoroughfare, or collector street as specified in the adopted comprehensive development plan of the township, except where the planned development involves reuse or redevelopment of an existing structure which fronts onto a local street. The nearest edge of any entrance or exit drive shall be located no closer than 100 feet from any street or road intersection (measured from the nearest intersection right-of-way line).

(9) Utilities. All utilities serving a planned development, including electric, telephone and cable television lines, shall be placed underground, wherever feasible.

(10) Privacy for dwelling units. The design of a planned development shall provide visual and sound privacy for all dwelling units within and surrounding the development. Fences, walks and landscaping shall be used in the site design to protect the privacy of dwelling units.

(11) Emergency access. The configuration of buildings, driveways and other improvements shall permit convenient and direct emergency vehicle access.

(12) Pedestrian and vehicular circulation. A pedestrian circulation system shall be provided that is insulated as completely as possible from the vehicular circulation system. The layout of vehicular and pedestrian circulation routes shall respect the pattern of existing or planned streets, sidewalks and bicycle pathways in the vicinity of the site.

(Ord. No. 147-43, § 12.003, 12-15-2003)

40-588. Procedures and requirements.

(a) Amendment required. The approval of a planned development proposal shall require an amendment to this chapter to revise the zoning map and designate the subject property as "planned development." Approval of a planned development proposal, including all aspects of the final plan and conditions imposed on it, shall constitute and inseparable part of the zoning amendment.

(b) Application procedure. Planned development applications shall be submitted in accordance with the following procedures:

(1) The applicant shall first submit a planned development plan. The plan shall be reviewed in accordance with zoning amendment procedures. The planning commission shall review the planned development plan, hold a public hearing, and make a recommendation to the township board. The township board shall have the final authority to act on a planned development plan and grant the requested planned development zoning.

(2) Following approval of the planned development plan and rezoning to planned development (PD), the applicant shall submit a final site plan for review by the planning commission in accordance with normal site plan review procedures.

(Ord. No. 147-43, § 12.004, 12-15-2003)

40-589. Standards and requirements with respect to review and approval.

In considering any application for approval of a planned development proposal, the planning commission and township board shall make their determinations on the basis of standards set forth for site plan review in article II, division 2 of this chapter, as well as the following standards and requirements:

(1) Conformance with the planned development concept. The overall design and all uses proposed in connection with a planned development shall be consistent with and promote the intent of the planned development concept as described in section 40-585, as well as with the specific project design standards set forth herein.

(2) Compatibility with adjacent uses. The proposed planned development shall set forth specifications with respect to height, setbacks, density, parking, circulation, landscaping, views and other design and layout features which exhibit due regard for the relationship of the development to surrounding properties and the uses thereon. In determining whether this requirement has been met, consideration shall be given to the following:

a. The bulk, placement and materials of construction of proposed structures.

b. The location and screening of vehicular circulation and parking areas in relation to surrounding development.

c. The location and screening of outdoor storage, outdoor activity or work areas, and mechanical equipment in relation to surrounding development.

d. The hours of operation of the proposed uses.

e. The provision of landscaping and other site amenities.

(3) Public services. The proposed planned development shall not exceed the capacity of existing and available public services, including, but not necessarily limited to, utilities, public roads, police and fire protection services, and educational services, unless the project proposal contains an acceptable plan for providing necessary services or evidence that such services will be available by the time the planned development is completed.

(4) Impact of traffic. The planned development shall be designed to minimize the impact of traffic generated by the proposed development on surrounding uses. In determining whether this requirement has been met, consideration shall be given to the issues by requesting that the applicant provide traffic impact analysis at the direction of the planning commission.

(5) Accommodations for pedestrian traffic. The planned development shall be designed with a sidewalk network to accommodate safe pedestrian circulation throughout and along the perimeter of the site, without interference from vehicular traffic.

(6) Compatibility with the master plan. The proposed planned development shall be consistent with the general principles and objectives of the adopted township comprehensive development plan.

(7) Compliance with applicable regulations. The proposed planned development shall be in compliance with all applicable federal, state and local laws and ordinances.

(Ord. No. 147-43, § 12.005, 12-15-2003)

40-590. Phasing and commencement of construction.

(a) Integrity of each phase. Where a project is proposed for construction in phases, the project shall be so designed that each phase, when completed, shall be capable of standing on its own in terms of the presence of services, facilities and open space, and shall contain the necessary components to ensure protection of natural resources and the health, safety and welfare of the users of the planned development and residents of the community.

(b) Rate of completion of residential and nonresidential components.

(1) Purpose. The purpose of the following provisions is to ensure that planned developments are constructed in an orderly manner and, further, to ensure that the planned development approach is not used as a means of circumventing restrictions on the location or quantity of certain types of land use.

(2) General standards. In developments which include residential and nonresidential components, the phasing plan shall provide for completion of at least 35 percent of all proposed residential units concurrent with the first phase of any nonresidential construction, completion of at least 75 percent of all proposed residential construction concurrent with the second phase of nonresidential construction, and completion of 100 percent of all residential construction prior to the third phase of nonresidential construction. For purposes of carrying out this provision, the percentages shall be approximations as determined by the planning commission and chief building inspector, based on the floor and land area allocated to each use.

(3) Modifications to general standards. Such percentages may be modified should the planning commission and building official determine that the applicant has presented adequate assurance that the residential component of the project will be completed within the specified time period.

(4) Completion of each phase. Construction of any facility may commence at any time following site plan approval per article II, division 2 of this chapter, provided that construction shall be commenced for each phase of the project within 24 months of the schedule set forth on the approved plan for the planned development. However, the applicant may submit a revised phasing plan for review and approval by the planning commission. The applicant shall also submit a statement indicating the conditions that made the previous phasing plan unachievable. Once construction of a planned development has commenced, approval of a revised phasing plan shall not be unreasonably withheld or delayed, provided that the revised phasing does not materially change the integrity of the approved planned development proposal. In the event that construction has not commenced within the required time period and a revised phasing plan has not been submitted, the township may initiate proceedings to amend the zoning classification of the undeveloped portion of the site.

(Ord. No. 147-43, § 12.006, 12-15-2003)

40-591. Development standards.

(a) Area, height, bulk, and placement requirements. Buildings and uses in the planned development district are subject to the area, bulk and placement requirements specified in section 40-587

(b) General development standards. Buildings and uses in the planned development district are subject all applicable requirements set forth in this chapter, as specified below:

Article	Topic
Article II, Division 2	Site plan review procedures and standards
Article III, Division 6	Supplemental regulations
Article V	Off-street parking and loading requirements
Article VI	Landscaping and walls
Article VII	Site development standards applicable to specific uses
Article VIII	Performance standards

(Ord. No. 147-43, § 12.007, 12-15-2003)

40-592. Planned development procedure.

(a) Intent. The procedure in this section is intended to provide a consistent and uniform method for review of planned development proposals. The review procedure is set forth to ensure full compliance with the standards contained in this chapter and other applicable local ordinances, and state and federal laws.

(b) Procedural requirements.

(1) Amendment required. The approval of a planned development application shall require an amendment to this chapter to revise the zoning map and designate the subject property as "planned development." Approval granted under this section, including all aspects of the final plan and conditions imposed on it, shall constitute an inseparable part of the zoning amendment.

(2) Review procedures. Planned development applications shall be submitted in accordance with the following procedures and requirements, which provide for detailed review of planned development proposals by the planning commission, followed by review and approval by the township board:

a. Applicant eligibility. The application shall be submitted by the owner of an interest in land for which planned development approval is sought, or by the owner’s designated agent. The applicant or a designated representative shall be present at all scheduled review meetings or consideration of the proposal may be tabled.

b. Application forms and documentation. The application for planned development shall be made on the forms and according to the guidelines specified by the building department.

c. Site plan preparation. The site plan shall be prepared in the manner specified in this section and on the planned development application form. A site plan that does not meet the stipulated requirements shall be considered incomplete and shall therefore not be subject to formal review.

d. Submission of a completed plan. The planned development application materials, required fees and sufficient copies of the completed site plan shall be submitted to the building department for review.

e. Review by township officials. The zoning administrator and other appropriate township officials shall review the site plan and application materials and prepare a written review which shall specify any deficiencies in the site plan and make recommendations as appropriate.

f. Submission of a revised plan and planned development application. The applicant shall revise the site plan and application materials, based on the recommendations set forth in the zoning administrator’s review. The applicant shall then submit sufficient copies of the revised plan for further review by staff and the planning commission at the same time.

g. Planning commission consideration. After all application materials have been received and review fees paid, the application shall be reviewed in accordance with following procedures:

1. Acceptance for processing. The application shall be placed on the agenda of the next available scheduled planning commission meeting and a public hearing shall be scheduled.

2. Public hearing. The public hearing shall be scheduled in the same manner as required for special uses in section 40-79(b)(8)b and section 503 of Public Act No. 110 of 2006 (MCL 125.3503). As stated in Act 110, the public hearing and notice required by this subsection shall be regarded as fulfilling the public hearing and notice requirements for amendment of this chapter. The planning commission and township board may hold a joint public hearing on a planned development application if they so desire.

3. Planning commission review. Following the public hearing, the planned development proposal and plan shall be reviewed by the planning commission in relation to applicable standards and regulations and consistency with the intent and spirit of the planned development concept.

4. Plan revision. If the planning commission determines that revisions are necessary to bring the planned development proposal into compliance with applicable standards and regulations, the applicant shall be given the opportunity to submit a revised plan. Following submission of a revised plan, the planned development proposal shall be placed on the agenda of the next available scheduled meeting of the planning commission for further review and possible action.

h. Planning commission determination. The planning commission shall review the application for planned development, together with the public hearing findings and reports and recommendations from the building official, zoning administrator, township planner, township engineer, public safety officials and other reviewing agencies. The planning commission shall then make a recommendation to the township board based on the requirements and standards of this chapter. The planning commission may recommend approval, approval with conditions or denial as follows:

1. Approval. Upon determination by the planning commission that the final plan for planned development is in compliance with the standards and requirements of this chapter and other applicable ordinances and laws, the planning commission shall recommend approval.

2. Approval with conditions. The planning commission may recommend that the township board impose reasonable conditions with the approval of a planned development proposal, to the extent authorized by law, for the following purposes:

(i) To ensure that public services and facilities affected by the proposed development will be capable of accommodating increased public service loads caused by the development.

(ii) To protect the natural environment and conserve natural resources and energy.

(iii) To ensure compatibility with adjacent uses of land.

(iv) To promote the use of land in a socially and economically desirable manner.

(v) To protect the public health, safety and welfare of the individuals in the development and those immediately adjacent, and the community as a whole.

(vi) To achieve the intent and purpose of this chapter.

In the event that the planned development is approved subject to conditions, such conditions shall become a part of the record of approval, and shall be modified only as provided herein.

3. Denial. Upon determination by the planning commission that a planned development proposal does not comply with the standards and regulations set forth in this chapter, or otherwise would be injurious to the public health, safety, welfare and orderly development of the township, the planning commission shall recommend denial.

The planning commission shall prepare and transmit a report to the township board stating its conclusions and recommendation, the basis for its recommendation, and any recommended conditions relating to an affirmative decision.

i. Submission of plans for township board review. After the planning commission makes its recommendation, the applicant shall make any required revisions and submit sufficient copies of the revised site plan and supporting materials for township board review.

j. Public hearing. Upon receipt of a planned development plan and application, the township board may schedule a public hearing, unless a joint public hearing has already occurred, in accordance with subsection (b)(2)g of this section.

k. Township board determination. The township board shall make a determination based on review of the final plan together with the findings of the planning commission, and the reports and recommendation from the building official, zoning administrator, township planner, township engineer, public safety officials and other reviewing agencies. Following completion of its review, the township board shall approve, approve with conditions or deny a planned development proposal in accordance with the guidelines described previously in subsection (b)(2)h of this section.

l. Recording of planning commission and township board action. Each action taken with respect to a planned development shall be duly recorded in the minutes of the planning commission or township board, as appropriate. The grounds for the action taken shall also be recorded in the minutes.

(3) Effect of approval. Approval of a planned development proposal shall constitute an amendment to this chapter. All improvements and use of the site shall be in conformity with the planned development amendment and any conditions imposed. Notice of the adoption of the amendment shall be published in accordance with the requirements set forth in section 40-113. The applicant shall record an affidavit with the register of deeds containing the legal description of the entire project, specifying the date of approval and declaring that all future improvements will be carried out in accordance with the approved planned development unless an amendment is adopted by the township board upon request by the applicant or his successors.

(4) Zoning board of appeals authority. The zoning board of appeals shall not have the authority to consider an appeal of a decision by the township board or planning commission concerning a planned development proposal.

(5) Application for a building permit. Prior to issuance of a building permit, the applicant shall submit proof of the following to the building official:

a. Final approval of the site plan and planned development application.

b. Final approval of the engineering plans.

c. Acquisition of all other applicable township, county or state permits.

(6) Expiration of planned development approval. If construction has not commenced within 24 months of final approval, the approval becomes null and void and a new application for planned development shall be required. The township board may grant a 12-month extension, upon written request from the applicant, if it finds that the approved site plan adequately represents current conditions on and surrounding the site. The written request for extension must be received prior to the site plan expiration date. In the event that an approved planned development plan becomes null and void, the township shall initiate proceedings to amend the zoning classification of the site.

(7) Performance guarantee. The planning commission or township board may require that a performance guarantee be deposited with the township to ensure faithful completion of the improvements. Improvements that shall be covered by the performance guarantee include, but are not necessarily limited to, landscaping, open space improvements, streets, lighting and sidewalks. The performance guarantee shall comply with the requirements in section 40-82

(8) Revision to approved plans.

a. General revisions. An approved planned development proposal and plan may be revised in accordance with the procedures set forth for approval of a new proposal.

b. Minor changes.

1. Notwithstanding subsection (b)(8)a of this section, minor changes may be permitted by the planning commission following normal site plan review procedures outlined in article II, division 2 of this chapter, subject to the planning commission finding that:

(i) The proposed changes will not affect the initial basis on which initial approval was granted.

(ii) The proposed minor changes will not adversely affect the overall planned development in light of the intent and purposes of such development as stated in section 40-585

(iii) The proposed changes will not affect the character or intensity of use, the general configuration of a buildings and uses on the site, vehicular or pedestrian circulation, drainage patterns or the demand for public services.

2. Examples of minor changes include, but are not limited to:

(i) Additions or alterations to the landscape plan or landscape materials.

(ii) Alterations to the internal parking layout of an off-street lot, provided that the total number of spaces does not change.

(iii) Relocation of a trash receptacle.

(iv) An increase in floor area of less than 20 percent of the initial total floor area up to 5,000 square feet.

c. Application data requirements. Applications for planned development approval shall include all applicable data required for site plan review as specified in article II, division 2 of this chapter and any other township requirements. In addition, the application shall include the following:

1. An overall plan for the planned development. The overall plan shall graphically represent the development concept using maps and illustrations to indicate each type of use, square footage or acreage allocated to each use, approximate locations of each principal structure and use in the development, setbacks and typical layouts and elevations for each type of use. The overall plan shall clearly delineate each type of residential use; office, commercial and other nonresidential use; each type of open space; community facilities and public areas; and other types of land use.

2. A map and written explanation of the relationship of the proposed planned development to the township’s master plan.

3. Information concerning traffic generated by the proposed planned development. Sufficient information shall be provided to allow the township to evaluate the impact of the proposed development on adjoining roads. The following traffic-related information shall be provided: estimates of the volume of traffic generated by each use, the peak-hour volume of traffic expected to be generated by the proposed development, a schematic drawing indicating vehicular movement through the site including anticipated turning movements, and measures being proposed to alleviate the impact of the development on the circulation system.

4. Analysis of the fiscal impact of the proposed planned development on the township and the school district.

5. Evidence of market need for the proposed use and the feasibility of completing the project in its entirety. This requirement may be waived by the planning commission upon making the determination, based on existing evidence and knowledge about the local economy, that market support does exist for the proposed uses.

6. The documentation shall be in the form of agreements, contracts, covenants and deed restrictions which indicate that the development can be completed as shown on the plans, and further that all portions of the development that are not to be maintained at public expense will continue to be operated and maintained by the developers or their successors.

7. A specific schedule of the intended development and con

struction details, including the phasing or timing of all proposed improvements.

8. A draft of ownership and governance documents. These documents shall include the following:

(i) Deeds.

(ii) Warranties guaranteeing ownership conveyed and described in the deeds.

(iii) A list of covenants, conditions and restrictions that are conditions of ownership upon the purchasers and owners in the planned development.

(iv) Association bylaws (for example, condominium association bylaws) that describe how the association is organized; the duties of the association to operate, manage and maintain common elements of the planned development; and the duties of individual shareholders to manage and maintain their own units.

(Ord. No. 147-43, § 12.008, 12-15-2003)

40-593—40-617. Reserved.

DIVISION 5. SCHEDULE OF REGULATIONS

40-618. Intent and scope of requirements.

The purpose of this division is to establish regulations governing lot size, required yards, setbacks, building height, and development density for each zoning district. No building shall be erected, nor shall an existing building be altered, enlarged, or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity with the regulations established for the district in which the building or use is located. A portion of a lot used to comply with the regulations in this division with respect to one building or use shall not be simultaneously used to comply with the regulations with respect to another building or use.

(Ord. No. 147-43, § 13.001, 12-15-2003)

40-619 Schedule of regulations.

All buildings, uses and parcels of land shall comply with the regulations set forth in the following schedule of regulations and footnotes thereto:

Schedule of regulations
District	Lot minimum		Maximum height of structures (c)			Minimum setback requirements				Minimum floor area	Maximum lot coverage (t)
	Area (sq. ft.) (a)	Width (feet) (b)	In stories	In feet	Front elevation	Minimum front yard	Side yards		Rear yard
	Area (sq. ft.) (a)	Width (feet) (b)	In stories	In feet	Front elevation	Minimum front yard	Min. one	Total both	Rear yard
R-1	20,000	100	2	30	30	60	15 (e)	30 (e)	50	(f)	30% (r)
(With public sewer and water)	12,000	80	2	25	25	40	8 (e)	20 (e)	35	(f)	25% (r)
R-2	20,000	100	2	30	30	60	15 (e)	30 (e)	50	(f)	30% (r)
(With public sewer and water)	9,000	70	2	25	25	25	8 (e)	20 (e)	35	(f)	25% (r)
R-3	20,000	100	2	30	30	60	15 (e)	30 (e)	50	(f)	30% (r)
(With public sewer and water)	8,000	60	2	30	30	25	8 (e)	20 (e)	35	(f)	35% (r)
RM-1	(g)	100	2	25	25	30 (h)	30 (e), (h)	55 (e), (h)	35	(f), (j)	30% (r)
RM-2	(g)	100	2	25	20	30 (h)	30 (e), (h)	55 (e), (h)	35	(f), (j)	30% (r)
RMH	(s)	(s)	2	35	30	(s)	(s)	(s)	(s)	(s)	(s)
O-1	(k)	(k)	2½	35	–	25 (o)	(l), (m), (p)	(l), (m), (p)	(l), (n), (p)	–	–
B-1	(k)	(k)	2½	35	–	50	(l), (m), (p)	(l), (m), (p)	(l), (n), (p)	–	–
B-2	(k)	(k)	2½	35	–	25	(l), (m), (p)	(l), (m), (p)	(l), (n), (p)	–	–
B-3	(k)	(k)	5 (u)	65	–	25	(l), (m), (p)	(l), (m), (p)	(l), (n), (p)	–	–
I-L	–	100	5	65	–	30	5 (p)	10 (p)	30 (p)	–	–
I-H	–	100	5	65	–	30	5 (p)	10 (p)	30 (p)	–	–
PSP	–	100	5	65	–	(p)	(p)	(p)	(p)
PD	–	100	5	65	–	(p)	(p)	(p)	(p)

Footnotes:

(a) Lot area. Net lot area, as defined in article 40-3, shall be used to determine compliance with lot area requirements.

(b) Lot proportions. Lot depths of newly created lots in any district shall be no greater than four times the lot width.

(c) Exceptions to height standards. The height standards shall not apply to certain structures listed in section 40-644(b).

(d) Minimum setbacks for nonresidential uses. Permitted nonresidential uses shall comply with setback requirements set forth in section 40-852 for specific uses. Where setback requirements are not specified in this chapter, permitted nonresidential uses shall comply with the minimum setback requirements set forth in the schedule of regulations.

(e) Setback on side yards facing a street. On corner lots there shall be maintained a front yard along each street frontage, except that the minimum setback on side yards facing a street where no other housing units in the block face the side street shall be nine feet.

(f) Floor area requirements. Single-family detached dwelling shall comply with the following minimum floor area requirements:

Dwellings without basement	1,100 sq. ft.
Dwellings with basement	1,000 sq. ft.
First floor of 2-story or tri-level	900 sq. ft.

(g) Lot requirements. Single-family dwellings shall comply with the lot standards for the R-1 district. Two-family dwellings shall comply with the lot standards for the R-2 district. Multiple-family dwellings shall comply with the following minimum lot area standards:

Minimum lot area per unit
First dwelling unit	5,400 sq. ft.
Each additional unit	5,000 sq. ft.

(h) Setbacks in RM-1 and RM-2 districts. Single-family dwellings shall comply with the setback standards for the R-1 district. Two-family dwellings shall comply with the setbacks for the R-2 district. The minimum distance between any multiple-family structures erected on the same parcel shall be as follows:

Orientation of buildings	1 story buildings (feet)	1½ or 2 story (feet)
Front to front	30	60
Front to rear	30	60
Rear to rear	30	60
End to end	20	20
End to front	30	30
End to rear	30	30

(i) Parking setback adjacent to residential district. Off-street parking shall be set back a minimum of 20 feet from any residential district boundary.

(j) Minimum floor area in the RM-1 and RM-2 districts.

Number of bedrooms	Required floor area (square feet)
0	500
1	500
2	700
3	900
4	1,000
Each additional	100

(k) Lot area and lot width. Lot area and width requirements in the commercial and office districts shall be based on compliance with the setback and lot coverage standards.

(l) Side or rear yard setback along interior lot lines in all commercial and office districts.

Building height	Minimum side or rear yard setback (feet)
Single story	12
More than 1 story	25

(m) Side yard setback on corner lots in commercial and office districts. No side yard setback is required except where the side street abuts an interior residential lot, in which case the side yard setback shall be equal to the minimum front yard setback for the district in which the building is located.

(n) Rear yard setback on through lots in commercial and office districts. The rear yard setback on lots which extend through from street to street shall be equal to the minimum front yard setback for the district in which the building is located.

(o) Front yard setback in the office district. Where the O-1 district is contiguous to a residentially zoned district which has common frontage on the same block, the minimum front yard setback shall be equal to the adjacent residential district.

(p) Minimum setback adjacent to a residential use. Buildings in nonresidential districts shall be set back a minimum of 30 feet from any residential district boundary.

(q) Planned development regulations. See article III, division 4 of this chapter for development standards in the PD planned development district.

(r) Front yard parking in residential districts. No more than 35 percent of the lot area located between the front of the principal building and front lot line shall be improved (i.e., paved, gravel, dirt, mulch, etc.) for parking subject to the following conditions:

1. Parking shall be permitted on improved surfaces in the front yard area between the garage portion of the principal structure, the closest side lot line and the front lot line. Parking shall not be permitted in front of any other portion of the principal structure, except in those instances where a circular drive is approved.

2. Parking shall be permitted on improved surfaces in the front yard except for the area between the principal structure and the front lot line. Parking shall not be permitted in front of any portion of the principal structure, except in those instances where a circular drive is approved.

3. Circular driveways shall be permitted on improved surfaces in the front yard. A minimum of 200 square feet of green space shall be required within the area between the circular driveway and the sidewalk or, if a sidewalk is not present, the road right-of-way.

(s) Residential manufactured housing district. See design requirements of section 40-330(b) and adopted rules and regulations of the state mobile home commission.

(t) Lot coverage. The maximum percentage coverage of a lot shall include the area of all buildings and structures, plus the land area dedicated for use as a pond (the area for a pond becomes limited by other site improvements). In nonresidential districts, ponds are subject to site plan review requirements.

(u) Height limitations. One- and two-family residential dwellings in the B-3 general business district may not be constructed above two and one-half stories without receiving a variance from the ZBA.

(Ord. No. 147-43, § 13.002, 12-15-2003; Ord. No. 147-47, 11-7-2005; Ord. No. 239, 6-19-2017)

40-620—40-641. Reserved.

DIVISION 6. SUPPLEMENTAL REGULATIONS

Subdivision I. In General

40-642 Administrative regulations.

The administrative section of the general provisions pertain to regulations generally applicable throughout the township.

(Ord. No. 147-43, § 2.000, 12-15-2003)

40-643. Structures to be in conformity with chapter provisions.

(a) Scope of regulations. No structure or tract of land shall hereafter be used or occupied, and no structure, or part thereof, shall be erected, altered or moved, except in conformity with the provisions of this chapter. However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date of the ordinance from which this chapter is derived, and construction is begun within six months of the effective date, said building or structure may be completed in accordance with the approved plans. Furthermore, upon completion the building may be occupied under a certificate of occupancy for the use for which the building was originally designated, subject thereafter to the provisions of article IV of this chapter concerning nonconformities. Any subsequent text or map amendments shall not affect previously issued valid permits.

(b) Minimum requirements. The provisions of this chapter shall be held to be the minimum requirements for the promotion of public health, safety, convenience, comfort, morals, prosperity and general welfare.

(c) Relationship to other ordinances or agreements. This chapter is not intended to abrogate or annul any ordinance, rule, regulation, permit, easement, covenant or other private agreement previously adopted, issued or entered into, and not in conflict with, the provisions of this chapter. However, where the regulations of this chapter are more restrictive or impose higher standards or requirements than other such ordinances, rules, regulations, permits, easements, covenants or other private agreements, the requirements of this chapter shall govern.

(d) Vested right. Nothing in this chapter should be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification or permissible activities therein. Furthermore, such rights as may exist through enforcement of this chapter are hereby declared to be subject to subsequent amendment, change or modification as may be necessary for the preservation or protection of public health, safety and welfare.

(e) Continued conformity with yard and bulk regulations. The owner of a building or the property on which it is located shall maintain all required setbacks, open space and other minimum yard and bulk requirements for as long as the building is in existence. No lot or portion of a lot used in complying with this chapter shall be used to meet the requirements for more than one building or structure.

(f) Division and consolidation of land. No building lot shall hereafter be divided except in compliance with the land division regulations of the township.

(g) Unlawful buildings, structures, site designs and uses. A building, structure or use that was not lawfully existing at the time of adoption of this chapter shall not be made lawful solely by adoption of this chapter. In case any building, or part thereof, is used, erected, occupied or altered contrary to the provisions of this chapter, such building or use shall be deemed an unlawful nuisance and may be required to be vacated, torn down or abated by any legal means, and shall not be used or occupied until it has been made to conform to the provisions of this chapter. Public expenditures toward abating any such nuisance shall become a lien upon the real property involved.

(h) Voting place. The provisions of this chapter shall not be construed to interfere with the temporary use of any property as a voting place in connection with a public election.

(i) Construction in easements. The erection of a building or other permanent structure is prohibited within a public easement or right-of-way. Fences, walls, sidewalk, paving or similar improvements may be allowed with written permission of the entity that has jurisdiction over the easement or right-of-way.

(Ord. No. 147-43, § 2.001, 12-15-2003)

40-644. Exemptions.

(a) Essential services. Essential services, as defined in section 40-3, shall be permitted as authorized and regulated by state, federal and local ordinances and laws, it being the intention hereof to exempt such essential services from those regulations governing area, height, placement and use of land in the township that would not be practical or feasible to comply with.

(b) Exemptions to height standards. The height limitations of this chapter shall not apply to chimneys, church spires, public monuments, wireless transmission towers, water towers and flagpoles, provided that the following requirements are met:

(1) Wind driven energy devices. The maximum height of wind-driven energy devices shall be 35 feet, provided that the device is set back from all property lines a distance equal to the height of the device. Such devices shall be located in the rear yard of a residential district, and shall be subject to the adopted building codes and other regulations of the township.

(2) Antennas in residential districts. Private television antennas, pole antennas and other private communication antennas or towers shall be permitted in residential districts as follows:

a. Antennas with a wind resistance surface of seven square feet or less shall be located in the rear yard or on a rooftop, provided that freestanding antenna towers shall be set back from all property lines a distance equal to the height of the tower. Such antennas shall comply with the height standards for the district in which they are located, except as hereinafter provided.

b. Antennas with a wind resistance surface of over seven square feet shall be located in the rear yard only, and shall be subject to the setback and height standards for the district in which they are located. Any such antenna shall be located to obscure its view from adjacent properties and roads, to the maximum extent possible.

c. Notwithstanding the above requirements, open element and monopole antennas shall be permitted in residential districts, provided they do not exceed 45 feet in height.

d. Satellite dish antennas shall be subject to the regulations in section 40-738

(3) Antennas in nonresidential districts. Antennas with a wind resistance surface of seven square feet or less shall be permitted on the rooftop of any building or in the rear of a nonresidential district provided that the antenna complies with the height standard for the district in which it is located, and is obscured from view from adjacent properties and roads, to the maximum extent possible. A freestanding antenna may be located in the side yard if its visibility from adjacent properties is obscured.

(4) Variances. Variances from height standards may be sought from the zoning board of appeals. In considering such a request, the zoning board of appeals shall consider, at minimum, the character of the surrounding uses, the height of surrounding structures, the potential to obscure light or view to or from existing buildings or surrounding properties, and potential detriment to the use or value of surrounding properties.

(c) Exemption for oil and gas wells. As provided in section 205 of Public Act No. 110 of 2006 (MCL 125.3205), the application of this chapter does not apply to the drilling, completion or operation of oil wells, gas wells, or both, or other wells drilled for oil exploration, gas exploration purposes, or both, and the provisions of this chapter shall not apply to the issuance or permits for the location, drilling, completion, operation or abandonment of such wells. Full authority over these wells is exclusively vested in the state supervisor of wells.

(Ord. No. 147-43, § 2.002, 12-15-2003)

40-645. Floodplain regulations.

(a) Purpose. It is the purpose of the floodplain controls to apply special regulations to the use of land in those areas of the township which are subject to predictable flooding at frequent intervals and to protect the storage capacity of floodplains and to ensure retention of sufficient floodway area to convey flood flows which can reasonably be expected to occur and to better maintain environmental factors and the proper ecological balance through prohibiting unnecessary encroachments. Such regulations, while permitting reasonable economic use of such properties, will help protect the public health and reduce financial burdens imposed on the community, its governmental units and its individuals by frequent and periodic floods and the overflow of lands, reserve such areas for the impoundment of water to better stabilize stream flow and to better maintain the proper ecological balance. All lands included in such floodplain control district shall be subject to the restrictions imposed herein in addition to the restrictions imposed by any other zoning district in which said lands should be located.

(b) Floodplain boundaries. Those areas designed and defined as floodplains are deemed to mean that area of land adjoining the Black River, its tributaries and other natural watercourses within the township that are subject to seasonal or periodic flooding as established by the profiles in the most recent official Flood Insurance Rate Map (FIRM) for the township. Copies of said map may be reviewed in the township clerk’s office. When there is a question as to the exact boundaries and limits of a floodplain boundary, the township board shall determine the limits. Such determination may include assistance rendered by the appropriate governmental jurisdiction. The township board may, upon petition, permit minor modifications to the delineation of the floodplain boundary. Such modifications may be approved upon the findings that:

(1) The flow, impoundment and discharge capacity of the floodplain will be maintained or improved.

(2) The floodplains are not intended for human habitation and are kept free and clear of interference or obstruction that will cause any undue restriction of the original capacity of the floodplain.

(3) The stream flow is not revised so as to affect the riparian rights of other owners.

(4) The modification is necessary for the preservation and enjoyment of a substantial property right.

(5) The modification will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated.

(c) Uses permitted. When the use proposed herein is allowable in a zoning district, the following uses and types of activities are permitted in the designated floodplain:

(1) Gardening and horticulture, not including related buildings; open recreational uses as parks, playgrounds, athletic fields, golf courses, nature and bicycle paths; bridal trails; crop farming; and wildlife sanctuaries, provided same does not require or cause a change in the natural drainage grade.

(2) Open space portions of any use district.

(3) Public rights-of-way, private drives and parking areas herein provided in subsection (c)(4) of this section.

(4) For all zoning districts, the area of the floodplain which may be used for computing density and for providing parking thereon shall not exceed 25 percent of the floodplain area of the property involved, but in no instance shall the density credit and parking area exceed 25 percent of the area outside of the floodplain.

(5) In the area above the floodplain boundary, uses permitted by the zoning district otherwise established for the parcel subject to the regulations of such district provided:

a. That the elevation of the lowest floor designed or intended for human habitation and/or employment shall be at least three feet above the elevation of the floodplain boundary.

b. In the area below the upper limit of the floodplain boundary, dumping or backfilling with any material in any manner is prohibited, unless through compensating excavation and shaping of the floodplain, the flow and impoundment capacity of the floodplain will be maintained or improved as determined by the township board.

c. Any filling or modification on banks adjacent to floodplain boundaries shall have erosion control to prevent soil from being washed into the floodplain.

(6) The erection of roads, bridges and causeways may be permitted within the floodplain boundary by the township board provided that they will not be detrimental to the natural flow of water or disrupt the floodplain holding capacity and provided further that the requirements of subsection (c)(5) of this section, have been met. Exhibits submitted for review will provide sufficient information as required by the township board with respect to support, spacing, height and anchorage.

(7) Where topographic data, engineering studies or other studies are needed as required by the township board or planning commission to determine the effects of flooding on a proposed site, the effects of a structure on the flow of water or both, the applicant, at his expense, shall submit such data or studies. A registered professional civil engineer shall prepare all such required data.

(Ord. No. 147-43, § 2.003, 12-15-2003)

State law reference— Soil conservation districts law, MCL 324.9301 et seq.; building and construction in floodplain, MCL 324.3108; subdivision within or abutting floodplain, MCL 560.138; subdivision within floodplain, conditions for approval, MCL 560.194.

40-646—40-663. Reserved.

Subdivision II. Building and Structure Regulations

40-664. Applicability of subdivision provisions.

This subdivision pertains to the regulation of building and structures as generally applicable throughout the township.

(Ord. No. 147-43, § 2.100, 12-15-2003)

40-665 Yard and bulk regulations.

All lots, buildings and structures shall comply with the following general yard and bulk regulations unless specifically stated otherwise in this chapter:

(1) Minimum lot size. Every building hereafter erected on a lot or parcel of land created subsequent to the effective date of the ordinance from which this chapter is derived shall comply with the lot size, lot coverage and setback requirements for the district in which it is located. No yards in existence on the effective date of the ordinance from which this chapter is derived shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirements of this chapter.

(2) Number of principal uses per lot. Only one principal building shall be placed on a lot of record, zoning lot, parcel or site in a single-family residential district.

(3) Projections into required yards. Fire escapes, fire towers, chimneys, platforms, balconies, boiler flues and other projections shall be considered part of the building and are subject to the setback requirements for the district in which the building is located. Certain items may extend beyond a building or structure into a required yard, as identified in the following schedule:

Schedule of permitted projections into required yards
Projection	All yards	Rear yard	Interior side yard	Corner side yard	Court yard
Air conditioning equipment shelters		•	•	•	•
Access drives	•
Arbors and trellises	•
Awnings and canopies	•
Bay windows	•
Decks, if not enclosed		•
Eaves, overhanging	•
Fences*	•
Flagpoles	•
Gardens	•
Gutters	•
Hedges	•
Laundry drying equipment		•	•
Light standards, ornamental	•
Parking, off-street*	•
Paved terraces and open porches*		•
Porches, unenclosed with or without roof*	•
Approved signs*	•
Stairways, open unroofed	•
Steps	•
Television or radio towers or antennas*		•	•	•
Trees, shrubs, and flowers	•
Walls (see fences)*	•
Window air conditioning units	•
* See additional regulations in this chapter.
• = Permitted

Notes related to table:

a. Architectural features. Bay windows, window sills, belt courses, cornices, eaves, overhanging eaves and other architectural features may project into a required side yard not more than two inches for each one foot of width of such side yard, and may extend into any front or rear yard not more than 24 inches.

b. Terraces and porches. Open paved terraces and open porches may project into a required rear yard up to ten feet, provided that the unoccupied portion of the rear yard has a depth of at least 25 feet.

c. Access drives and walkways. Access drives may be placed in the required front or side yards so as to provide access to rear yards or accessory or attached structures. Further, any walk, terrace or other pavement serving a like function, shall be permitted in any required yard, providing the pavement is no higher than six inches above grade.

d. Unenclosed porches, with or without roof. Unenclosed porches may project into required front yard up to six feet, and shall maintain a minimum side yard setback of three feet.

(4) Unobstructed sight distance.

a. Fences, walls, etc., in sight triangle. No fence, wall, structure or planting shall be erected, established or maintained on any lot that will obstruct the view of drivers in vehicles approaching an intersection of two roads or the intersection of a road and a driveway (see diagram). Fences, walls, structures or plantings located in the triangular area described below shall not be permitted to obstruct cross-visibility between a height of 30 inches and six feet above the lowest point of the intersecting roads.

b. Trees; landscaping. Trees shall be permitted in the triangular area provided that limbs and fo

liage are trimmed so that they do not extend into the cross-visibility area or otherwise create a traffic hazard. Landscaping, except required grass or ground cover, shall not be located closer than three feet from the edge of any driveway or road pavement within the triangular area.

c. Unobstructed sight area. The unobstructed triangular area is described as follows (see diagram):

1. The area formed at the corner intersection of two public right-of-way lines, the two sides of the triangular area being 25 feet in length measured along abutting public rights-of-way lines, and third side being a line connecting these two sides; or

2. The area formed at the corner intersection of a public right-of-way and a driveway, the two sides of the triangular area being ten feet in length measured along the right-of-way line and edge of the driveway, and the third side being a line connecting these two sides.

UNOBSTRUCTED SIGHT DISTANCE

(5) Lots adjoining alleys. In calculating the area of a lot that adjoins an alley for the purposes of applying lot area and setback requirements, one-half of the width of said alley shall be considered a part of the lot whether or not the alley is currently in use.

(6) Double frontage lots. In any zoning district, a double frontage lot shall maintain a front yard on each road frontage or the road and river frontage. The measurement for the setback from a river shall be the edge of the natural water at its closest point to the building or structure at the time of proposed construction.

(Ord. No. 147-43, § 2.101, 12-15-2003)

40-666 Accessory buildings and structures.

(a) General requirements.

(1) Timing of construction. No accessory building, structure or use shall be constructed or established on a parcel unless there is a principal building, structure or use being constructed or already established on the same parcel of land.

(2) Site plan approval. If submission of a site plan for review and approval is required, then the site plan shall indicate the location of proposed accessory buildings, structures or uses.

(3) Nuisances. Accessory uses such as household animal enclosures, dog runs, central air conditioning units, heat pumps and other mechanical equipment that could produce noise, odors or other nuisances shall not be located adjacent to an adjoining property owner’s living or sleeping area where windows and/or doors would be exposed to the nuisance.

(4) Conformance with lot coverage standards. Accessory buildings and permanent structures that actually cover a portion of the lot shall be included in computations to determine compliance with maximum lot coverage standards, where applicable.

(5) Location in proximity to easements or rights-of-way. Accessory buildings, structures or uses shall not be located within a dedicated easement or right-of-way, except as permitted in the regulations for essential services.

(6) Use of accessory structures. Attached and detached accessory buildings or structures in residential districts shall not be used as dwelling units nor for any business, profession, trade or occupation that is inconsistent with home occupations allowed by this chapter (see section 40-698). Only the vehicles of the residents of the principle structure may be stored in a garage used as an accessory to that structure.

(7) Appearance. Accessory buildings and structures shall be designed and constructed to be compatible with the design and construction of the principal building on the site.

(8) Applicability of other codes and ordinances. Accessory buildings and structures shall be subject to all other applicable codes and ordinances regarding construction, installation and operation.

(b) Attached accessory buildings. Unless otherwise specified in this section, accessory buildings or structures that are attached to the principal building (such as an attached garage, breezeway or workshop) shall be considered a part of the principal building for the purposes of determining conformance with area, setback, height and bulk requirements in conformance with the following:

(1) Size and lot coverage. The first floor area of a garage or garages attached to a principal structure shall comply with the following:

a. Residential.

1. On parcels of less than one acre or less than 70 feet wide, the total square footage of all attached accessory structures shall not exceed 1,000 square feet, or the size of the existing principal residence, whichever is less.

2. On lots of one acre or more that are 70 feet or wider, the total square footage of all attached accessory structures constructed on the property shall not exceed the following: more than one acre = 1,600 sf, more than two acres = 1,700 sf, more than three acres = 1,800 sf, more than four acres = 1,900 sf, more than five acres = 2,000 sf, more than six acres = 2,100 sf, more than seven acres = 2,200 sf, more than eight acres = 2,300 sf, more than nine acres = 2,400 sf, more than 10 acres = 2,500 sf.

3. The total square footage of the combined principal structure shall not exceed the maximum lot coverage percentage found in the Schedule of Regulations, section 40-619, for the district they are located in.

b. Other districts. Accessory structures attached to a principal structure must comply with all requirements found in the ordinance for those districts including site plan approval by the planning commission where required elsewhere in this chapter.

(2) Location, setbacks, and height. Attached accessory buildings shall comply with all requirements listed for the main structure in the Schedule of Regulations, section 40-619, for the district in which they are located.

(3) Uses. All uses of attached accessory structures must comply with the requirements listed for the district in which they are located, including all approvals required as set forth elsewhere in this chapter.

(c) Detached accessory buildings. All detached accessory structures (DAS) shall comply with the requirements of the Schedule of Detached Accessory Structures Regulations (SDASR) Chart, and with the following:

(1) Sizes and lot coverage. Detached accessory buildings shall comply with the maximum allowable floor area (MAFA), height, width, length and story restrictions listed in the SDASR Chart.

(2) Location/setbacks. Detached accessory buildings shall comply with the SDASR Chart and the Schedule of Regulations found in section 40-619 as follows:

a. In residential districts, detached accessory buildings are allowed as follows:

1. Front yard setback. In no case shall an accessory building be located closer to the front lot line than the minimum front yard setback for the district in which it is located but may be allowed to be located in front of the residence when the front yard setbacks of both of the adjacent principal structures are located to the front of the residence.

2. Side yard setback. A DAS may be located in a non-required side yard setback. The minimum side yard setback requirements for the main structure apply to the DAS in the case of double frontage lots or when it is allowed to be located in front of the primary residence up to the front yard setback of the adjacent residential structure when both structures are located to the front of the existing primary residence.

3. Setback on corner lots. Accessory buildings in a residential district on a corner lot shall comply with the front setback requirements on any side that faces the street where there is a residence on the adjacent lot in the same block that fronts on said street.

4. Rear yard setback. Detached accessory buildings shall be located in compliance with the SDASR Chart in residential districts. Where a rear lot line is coterminous with a minimum 10-foot alley right-of-way line, the building may be located adjacent to the right-of-way line, provided there are no projections into the right-of-way.

5. In the case of double frontage lots, or lots with both river and road frontage, they may be located in the rear, side or front yards, provided they can meet all other minimum setback requirements listed in this chapter.

b. In nonresidential districts, detached accessory buildings shall not be located in a front or required side yard except in compliance with the setback requirements for the district in which they are located and subject to site plan review and approval of the planning commission as follows:

1. Buildings for parking attendants, guard shelters, gate houses and transformer pads.

2. Other uses determined by the planning commission, during site plan review, to be similar to the above uses and necessary to the project for development.

(3) Distance from other buildings.

a. Detached residential accessory buildings and other structures shall be located at least five feet from any residential exterior wall on the site and at least five feet from any lot line.

b. Accessory buildings and structures for all other zoning districts shall comply with the minimum required setbacks listed in the zoning ordinance, or receive planning commission approval as required by ordinance.

(4) Height regulations.

a. Detached accessory buildings in residential districts shall not exceed a total height of 21 feet from the lowest floor surface to the peak;

b. Detached accessory buildings in nonresidential districts shall comply with the maximum height standards for the district in which they are located, subject to the planning commission, where otherwise required in this chapter.

(5) Use regulations. Detached accessory buildings are prohibited from the use of such a structure for living facilities whether temporary or permanent. The buildings are also prohibited from the installation of kitchen or laundry facilities. While heat and electricity are allowed, this restriction prohibits the installation of any additional facilities other than a washing sink and toilet, unless otherwise permitted in this chapter through site plan approval by the planning commission.

(6) Additional accessory structure regulations/exemptions.

a. General requirements. Accessory structures such as swimming pools, tennis courts, exercise equipment/playgrounds, freestanding solar panels or antennas, windmills, and other uses determined to be similar by the zoning administrator or planning commission shall be located in the side or rear yards and shall comply with the Schedule of Detached Accessory Structures setback regulations. These structures may cover up to an additional five percent of the lot in excess of the maximum percent of lot coverage found in the Schedule of District Regulations.

b. Swimming pools. All swimming pools 24 inches deep at any point shall be considered an accessory structure for purposes of this chapter. Swimming pools shall also comply with all other applicable township codes and ordinances including any referenced appendices and/or codes of the current State Construction Code regulating swimming pools, spas and hot tubs.

c. Porches. For lots under one acre, up to eight feet wide unenclosed roofed or unroofed porches may be erected on existing or newly approved detached accessory structures, without adding to the total square footage of regulated sizes, provided they do not extend into a required setback allowed for such structures.

d. A total of no more than four detached accessory structures may be erected on any one property with the exception of structures approved by the planning commission upon submittal of a sketch plan review application and fees.

(d) Additional accessory structures.

(1) General requirements. Accessory structures (for example, swimming pools, tennis courts, antennas) shall be located in the rear yard and shall comply with the Schedule of Detached Accessory Structures Regulations.

(2) Solar panels. Freestanding solar panels shall be considered accessory structures and shall be located in the rear yard, subject to the Schedule of Detached Accessory Structures Regulations.

(3) Swimming pools. All swimming pools 24 inches deep at any point shall be considered an accessory structure for purposes of this chapter.

Swimming pools shall also comply with all other applicable township codes and ordinances including the referenced appendix(ces) of the current State Construction Code regulating swimming pools, spas and hot tubs.

(4) Added lot coverage for swimming pools and decks. Swimming pools and decks may cover the lot an added amount of up to 40 percent of the lot.

Schedule of Detached Accessory Structures Regulations
Cross reference the items below with the parcel sizes and districts to the right		R-1, R-2, R-3 one-family residential districts			All other districts listed in Article 5 to comply with the requirements for the zoning district they are located in
		RM-1, RM-2 one- and two-family units calculated by individual area available per lot size; all other units require PCSP approval
1. Utility status		For both sewer and septic serviced parcels
2. Based on the parcel size and frontage	Area	≤ 1 acre or	1 to 10 acres	≥ 10 acres and	Detached Accessory Structures ≤ 1,200 SF	Detached Accessory Structures > 1,200 SF
2. Based on the parcel size and frontage	Width	< 70 LF	≥ 70 LF	≥ 165 LF	Detached Accessory Structures ≤ 1,200 SF	Detached Accessory Structures > 1,200 SF
A. The MAFA of all DAS on the parcel combined may not exceed the following totals: Note A.		1,000 SF with an extra 8-foot unenclosed porch allowed on 1 side	2,200 SF for ≥ 1 acre plus 200 SF per acre to 4,000 maximum for 10 acres	As per < 10 acres up to 5,000 SF maximum for agricultural structures.	A zoning permit and/or building permit is required in compliance with the setbacks required for the district in which they are located	Site plan review by the planning commission is required in compliance with the setbacks required for the district in which they are located
B. Front yard setback required Notes B, C.		A DAS must meet the minimum front, side and rear yard setbacks and be located behind the front of the main residential structure or be able to meet the exception* listed
C. Side yard setback required Note C.		Minimum 5 feet	Minimum 5 feet plus 1 foot per 100 SF over 1,200 SF to 20 feet	Minimum 20 feet
D. Rear yard setback required		Minimum 5 feet	Minimum 5 feet plus 1 foot per 100 SF over 1,200 SF to 20 feet	Minimum 20 feet
E. Maximum building height		Not to exceed 21 feet from the lowest floor surface to the peak				Per PC review
F. Maximum building width not to exceed the following:		35% of the parcel width to the MAFA	30% of the parcel width to the MAFA	25% of the parcel width to the MAFA	Requires review by the zoning administrator in compliance with setbacks required	Requires review by the planning commission in compliance with setbacks required
G. Maximum building length not to exceed the following:		20% of the parcel length to the MAFA	25% of the parcel length to the MAFA	20% of the parcel length to the MAFA
H. Maximum percentage of lot coverage		Not to exceed the percentage of lot coverage listed in the schedule of district regulations for each zoning district
I. Agricultural buildings		Not permitted	Not to exceed the height, width, length or percentage of lot coverage listed above		When listed as an allowed use after PCSP review and approval

A. An additional "basement" as defined in this chapter for a "story" is not allowed in a detached accessory structure.

B. In the case of lots with more than one right-of-way frontage, detached accessory buildings shall observe the front yard setback requirements on the additional frontage where residences front a river or the adjacent right-of-way as found elsewhere in this chapter.

C. A DAS may be located in a nonrequired side yard setback. The minimum side yard setback requirements for the main structure apply to the DAS in the case of double frontage lots or when *it is allowed to be located in front of the primary residence up to the front yard setback of the adjacent residential structure when both structures are located to the front of the existing primary residence.

The addition of italicized text is for clarity purposes for the following items as listed above: PCSP = planning commission site plan, MAFA = maximum allowable floor area, and DAS = detached accessory structures. The MAFA are calculated as listed above and here: <70 LF and <1 acre = 1,000 SF with an additional eight feet of unenclosed porch allowed on one side of the DAS. DAS on the following must calculate any roofed area as part of the total square footage. DAS on lots of ≥1 acre = 2,200 SF, ≥2 acres = 2,400 SF, ≥3 acres = 2,600 SF, ≥4 acres = 2,800 SF, ≥5 acres = 3,000 SF, ≥6 acres = 3,200 SF, ≥7 acres = 3,400 SF, ≥8 acres = 3,600 SF, ≥9 acres = 3,800 SF, ≥10 acres = 4,000.

(Ord. No. 147-43, § 2.102, 12-15-2003; Ord. No. 227, 8-1-2011; Ord. No. 242, 6-19-2017)

40-667 Residential design standards.

Any residential structure, including manufactured dwellings and mobile homes not located in mobile home parks, shall be erected or constructed only if in compliance with residential design standards. The building official shall have the authority to determine if the following requirements are met:

(1) Area and bulk regulations. Any residential structure, including any mobile home dwelling unit, shall comply with the minimum floor area requirements specified for the zoning district where such structure is located. Mobile homes shall comply with all regulations normally required for site-built housing in the zoning district in which it is located, unless specifically indicated otherwise herein.

(2) Foundation. Any residential structure, including a mobile home, shall be placed on a permanent foundation to form a complete enclosure under the exterior walls. The foundation shall be constructed in accordance with the adopted state construction code of the township. A mobile home shall be securely anchored to its foundation in order to prevent displacement during windstorms. The wheels, tongue and hitch assembly, and other towing appurtenances, shall be removed before attaching a mobile home to its permanent foundation.

(3) Other regulations. Residential structures shall be constructed in compliance with applicable state, federal or local laws or ordinances. Mobile homes shall comply with the most recent regulations specified by the United States Department of Housing and Urban Development, Mobile Home Construction and Safety Standards (24 CFR 3280), as amended.

(4) Use. Mobile homes and other structures shall be used only for the purposes permitted in the zoning district in which they are located.

(5) Attachments. Any exterior attachments or extensions onto a dwelling unit, such as entry steps and storage buildings, shall comply with the adopted state construction code of the township.

(6) Utility connections. All residential structures shall be connected to the public sewer and water systems.

(7) Compatibility with other residences. New residential structures, including mobile homes and manufactured dwellings, shall be aesthetically compatible with other residences in the vicinity. To assess compatibility, the zoning official shall evaluate the design and position of windows, exterior wall colors and color combinations, and other features of the new structure in relation to existing structures within 300 feet.

(8) Roof pitch. The pitch of the main roof shall have a minimum vertical rise of one foot for each four feet of horizontal run, and the minimum distance from the eaves to the ridge shall be ten feet, except where the specific housing design dictates otherwise (i.e., French provincial, Italianate, etc.). The roof shall be finished with a type of shingle or other material that is commonly used in standard on-site residential construction.

(9) Exterior materials. The exterior siding shall consist of materials that are generally acceptable for site-built housing in the vicinity, provided that the reflection from such exterior surface shall be no greater than from white semi-gloss exterior enamel, and provided further that any such exterior is comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction.

(10) Dimensions. The dimensions and placement of mobile homes or manufactured dwellings located outside of a mobile home park shall be comparable to typical dimensions and placement of site-built housing in the vicinity. Therefore, a mobile home or manufactured dwelling shall be located on the lot so that the minimum width of the front elevation is no less than 34 feet and the minimum dimension along any side or rear elevation is no less than 16 feet. If there are any extensions or additions off of the front of the mobile home or manufactured dwelling, the minimum width of any such secondary front elevation shall be 16 feet. Such dimensions shall be measured from the outer extremities and shall include additions to the main body of the mobile home or manufactured dwelling, such as living or recreation rooms, garages, carports, utility rooms and the like, the front portions of which are within ten feet of the front of the main body of the mobile home or manufactured dwelling.

(11) Roof overhang. Residential structures shall be designed with either a roof overhang of not less than six inches on all sides or with windowsills and roof drainage systems to concentrate roof drainage at collection points along the sides of the dwelling.

(12) Exterior doors. Residential structures shall have not less than two exterior doors and they shall not be located on the same side of the building.

(Ord. No. 147-43, § 2.103, 12-15-2003)

40-668 Temporary structures and uses.

Temporary buildings and structures shall comply with the following requirements:

(1) Temporary structures used for residential purposes. A building or structure may be approved for temporary residential use only while damage to the principal dwelling due to fire, flood, ice, wind or other disaster is being repaired. Any such temporary building shall not be used as a residence without prior review and approval by the public safety and building official, and subject to the following conditions:

a. Temporary structures shall comply with the setback standards for the district in which they are located.

b. The building official shall approve electrical and utility connections to any temporary structure.

c. An approved temporary structure may be moved onto a site 14 days prior to commencement of construction and shall be removed within 14 days following issuance of a certificate of occupancy for the permanent dwelling.

d. The applicant shall furnish the township with a performance guarantee consistent with section 40-82 to ensure removal of the temporary structure.

(2) Temporary structures used for nonresidential purposes. Temporary buildings for nonresidential use, including semi-trucks/trailers and concrete batch plants, shall be permitted only when the intended use is by a contractor or builder in conjunction with a construction project, and only after review and approval by the building official. Such temporary structures shall be removed immediately upon completion of the construction project and prior to a request for a certificate of occupancy for the project.

(3) Permits. The building official may issue a permit for a temporary structure; provided, that work is consistent with township adopted building codes. Any such permit shall specify a date for removal of the temporary structure. Such permits may be issued by the building official for up to six months in duration and may be renewed for periods of up to six months, but the total duration of a temporary permit shall not exceed one year.

(4) Uses as an accessory structure. A temporary building or structure shall not be used as an accessory building or structure, except as permitted herein.

(5) Temporary accessory uses, special events and other temporary uses for nonresidential purposes. The building/zoning official may grant temporary use of land, structures or a combination of land and structures for temporary uses, as defined in section 40-3, subject to specific conditions as stated elsewhere in the ordinance and in compliance with the following general conditions:

a. Adequate off-street parking shall be provided.

b. The applicant shall specify the exact duration of the temporary use.

c. Electrical and utility connections shall be approved by the building official.

d. Any proposed event lasting more than 30 days or annually reoccurring event must receive "sketch plan" approval at a regular meeting of the planning commission. Said approval will cease upon the lapse or variance of any of the approved conditions and/or times specified by the planning commission and will require resubmittal and approval.

e. The township may require a performance bond to ensure proper cleanup.

(6) Conditions that apply to specific temporary uses. The following conditions apply to specific temporary uses:

a. Carnival or circus.

1. Maximum duration: 14 days.

2. Location: shall not be located in or adjacent to any developed residential area except on church, school or park property.

b. Sidewalk display and sale of bedding plants.

1. Maximum duration: 30 days.

2. Location: in nonresidential zoning districts only.

3. Sidewalk coverage: shall not cover more than 50 percent of the width of any sidewalk.

c. Christmas tree sales.

1. Maximum duration: 45 days.

2. Cleanup: stumps, branches and other debris shall be completely removed from site.

3. Leftover trees shall be removed within one week after Christmas.

d. Outdoor smoking facilities.

1. All such facilities must comply with federal, state and local codes, ordinances and other applicable regulations.

2. All proposed facilities must receive planning commission "sketch plan" approval and be consistent and compatible with the existing design and construction of the principal building.

(Ord. No. 147-43, § 2.104, 12-15-2003; Ord. No. 227, 8-1-2011)

40-669 Solar energy systems.

(a) Purpose. The purpose of this section is to provide a regulatory framework for the construction of solar energy systems subject to reasonable restrictions which will preserve public health, safety, and welfare, while also maintaining the character of the community.

(b) Definitions.

Business scale solar energy system means a solar energy system where the principal design, purpose, or use of such system is to provide energy to off-site uses or the wholesale or retail sale of generated electricity to any person or entity.

Ground-mounted solar energy system means a residential or business scale solar energy system that is not attached to or mounted to any roof or exterior wall of any principal or accessory building.

Industrial scale solar energy systems means a solar energy system where the principal design, purpose, or use of such a system is to provide energy to off-site uses, often on a large scale.

Residential solar energy system means a solar energy system used exclusively for private purposes and not utilized for any commercial resale of any energy, except for the sale of surplus electrical energy back to the electrical grid.

Roof-mounted solar energy system means a residential or business scale solar energy system attached to or mounted on any roof or exterior wall of any principal or accessory building.

Solar energy system means any part of a system that collects or stores solar radiation or energy for the purpose of transforming it into any other form of usable energy, including but not limited to the collection and transfer of heat created by solar energy to any other medium by any means.

(1) Residential solar energy systems shall be permitted in all single-family, two-family, and multiple-family zoning districts, provided they conform to applicable township, county, state, and federal regulations and safety requirements, including the Michigan Building Code. A building permit shall be required for the installation of any residential solar energy system.

(2) Only one interconnected solar energy system is permitted per lot or premises along with the primary principal use.

(3) Residential ground-mounted solar energy systems are not allowed within a front yard. In the case of a corner lot, both street frontages are considered a front yard.

(4) Residential ground-mounted solar energy systems shall be set back a minimum of five feet from rear and side property lines.

(5) In the case of a rear yard abutting a side yard of another property, the minimum setback shall be 15 feet.

(6) Residential ground-mounted solar energy systems shall not exceed six feet in height, measured from the grade to the panel’s top.

(7) Residential roof-mounted solar energy systems shall not extend higher than five feet above a flat roof, and two feet above all other roof types.

(8) All power transmission or other lines, wires, or conduits from a ground-mounted solar energy system to any building or other structure shall be located underground. If batteries are used as part of the ground-mounted solar energy system, they must be placed in a secured container or enclosure.

(9) All residential ground-mounted solar energy systems shall be screened from adjacent residential properties and public rights-of-way by a greenbelt or six-foot-high privacy fence.

(10) The maximum ground area occupied by a solar energy system, including the principal structure and all accessory structures, shall not exceed the maximum percentage of ground coverage allowed within the applicable zoning district.

(11) No part of a residential solar energy system erected on a roof shall extend beyond the peak of the roof. If the solar energy system is mounted on a building in an area other than the roof, no part of the solar energy system shall extend beyond its mounted wall.

(12) No part of a solar energy system mounted on a roof shall be installed closer than three feet from the roof’s edges, the peak, eave, or valley to maintain pathways of accessibility.

(13) All residential solar energy systems must have an emergency outside shutoff or disconnect.

(14) If a roof- or building-mounted residential solar energy system has been abandoned (meaning not having been in operation for a period of one year), it shall be removed by the property owner within six months from the date of abandonment.

(15) All building permit applications for a residential solar energy system must be accompanied by:

a. A sketch plan which shall include setbacks, panel size, and the location of property lines, buildings, fences, greenbelts, and road rights-of-way. The site plan must be drawn to scale.

b. Documentation that glare will be eliminated insofar as possible. This may include the manufacturer’s specifications of the panels, proficient angling, adequate screening, or other means so as not to adversely affect neighboring properties.

(d) Regulations pertaining to all business scale solar energy systems.

(1) Business scale solar energy systems shall only be permitted in the O-1, B-1, B-2, and B-3 zoning districts, subject to special land use approval by the planning commission.

(2) The property owner or applicant for a business scale solar energy system shall provide the planning commission with proof of ownership of the subject property, a copy of any lease agreement for a business scale solar energy system, together with an operations agreement, which shall set forth the parameters of the operation, the name and contact information of the certified operator, inspection protocol, emergency procedures, and general safety documentation.

(3) The business scale solar energy system shall meet the minimum front, side, and rear yard setbacks of the applicable zoning district.

(4) Business scale solar energy systems shall not exceed eight feet in height, measured from the grade to the panel’s top.

(5) The maximum ground area occupied by a business scale solar energy system, including the principal structure and all accessory structures, shall not be greater than the maximum percentage of ground coverage allowed within the zoning district.

(6) All business scale roof-mounted solar energy systems shall not extend higher than five feet above a flat roof and two feet above all other roof types.

(7) No part of a business scale solar energy system erected on a roof shall extend beyond the peak of the roof. In addition, if the solar energy system is mounted on a building in an area other than the roof, no part of the solar energy system shall extend beyond its mounted wall.

(8) All business scale solar energy systems must have an emergency outside shutoff or disconnect.

(9) All business scale solar energy systems shall be screened from adjacent residential properties and public rights-of-way by a greenbelt or up to eight-foot-high privacy fence. Screening requirements may be waived by the planning commission when existing vegetation accomplishes the same.

(10) The applicant shall provide documentation that glare will be eliminated insofar as possible. This may include the manufacturer’s specification of the panels, proficient angling, adequate screening, or other means so as to not adversely affect neighboring properties.

(11) All power transmission or other lines, wires, or conduits from a ground-mounted business scale solar energy system to any building or other structure shall be located underground. If batteries are used as part of the ground-mounted solar energy system, they must be placed in a secured container or enclosure.

(12) Before installation, the applicant shall submit a descriptive site plan to the planning commission, including where and how the business scale solar energy system will connect to the power grid.

(13) No business scale solar energy system shall be installed until evidence has been given to the planning commission that the electric utility company has agreed to an interconnection with the electrical grid or a power purchase agreement. Any such agreement shall be furnished to the planning commission.

(14) A condition of every approval of a business scale solar energy system shall be adequate provision for removing the system whenever it ceases to be used for one year or more. If a system has been abandoned (meaning not having been in operation for a period of one year), the property owner and developer/applicant shall notify the township and shall remove the system within six months from the date of abandonment. Removal includes the proper receipt of a demolition permit from the building official. The site shall then be filled and covered with topsoil and restored to a state compatible with the surrounding vegetation.

(15) To ensure proper removal of a business scale solar energy system upon discontinued use or abandonment, applications shall include a description of the financial security guaranteeing the removal of the system, which must be posted with the township within 15 days after approval or before a construction permit is issued for the facility. The financial security shall be: (a) a cash bond; or (b) an irrevocable bank letter of credit or a performance bond, in a form approved by the township. The amount of such a guarantee shall be no less than the estimated removal cost and may include a provision for inflationary cost adjustments. The engineer shall prepare the estimate for the developer and shall be approved by the township. The applicant shall be responsible for paying any costs or attorney fees incurred by the township in securing removal.

(16) If the owner of the facility or the property owner fails to remove or repair the defective or abandoned business scale solar energy system, the township, in addition to any other remedy under this section, may pursue legal action to abate the violation by seeking to remove the solar energy system and recover all costs, including attorney fees.

(e) Regulations pertaining to industrial scale solar energy systems.

(1) Industrial scale solar energy systems shall only be permitted in the IL and IH zoning districts, subject to special land use approval by the planning commission.

(2) The property owner or applicant for an industrial scale solar energy system shall provide the planning commission with proof of ownership of the subject property, a copy of any lease agreement for an industrial scale solar energy system, together with an operations agreement, which shall set forth the parameters of the operation, the name and contact information of the certified operator, inspection protocol, emergency procedures, and general safety documentation.

(3) The industrial scale solar energy system must maintain a minimum 30-foot side and rear yard and a 30-foot front yard setback. In no case can an industrial scale solar energy system be located closer than 50 feet to any residential district.

(4) The applicant shall provide documentation that glare will be eliminated insofar as possible. This may include the manufacturer’s specification of the panels, proficient angling, adequate screening, or other means so as to not adversely affect neighboring properties.

(5) The maximum height of industrial scale solar energy systems will be established by the planning commission as part of special land use approval.

(6) The maximum ground area occupied by an industrial scale solar energy system and associated paved surfaces shall be determined by the planning commission based on the circumstances of each industrial scale solar energy system application.

(7) If more than 2,000 square feet of impervious surface is proposed, a drainage plan prepared by a registered civil engineer is required.

(8) All industrial scale solar energy systems must have an emergency outside shutoff or disconnect.

(9) Before installation, the applicant shall submit a descriptive site plan to the planning commission, including where and how the industrial scale solar energy system will connect to the power grid.

(10) No industrial scale solar energy system shall be installed until evidence has been given to the planning commission that the electric utility company has agreed to an interconnection with the electrical grid or a power purchase agreement. Any such agreement shall be furnished to the planning commission.

(11) A condition of every approval of an industrial scale solar energy system shall be adequate provision for removing the system whenever it ceases to be used for one year or more. If a system has been abandoned (meaning not having been in operation for a period of one year), the property owner and developer/applicant shall notify the township and shall remove the system within six months from the date of abandonment. Removal includes the proper receipt of a demolition permit from the building official. The site shall then be filled and covered with topsoil and restored to a state compatible with the surrounding vegetation.

(12) To ensure proper removal of an industrial scale solar energy system upon discontinued use or abandonment, applications shall include a description of the financial security guaranteeing the removal of the system, which must be posted with the township within 15 days after approval or before a construction permit is issued for the facility. The financial security shall be: (a) a cash bond; or (b) an irrevocable bank letter of credit or a performance bond, in a form approved by the township. The amount of such a guarantee shall be no less than the estimated removal cost and may include a provision for inflationary cost adjustments. The estimate shall be prepared by the engineer for the developer and shall be approved by the township. The applicant shall be responsible for paying any costs or attorney fees incurred by the township in securing removal.

(13) If the owner of the facility or the property owner fails to remove or repair the defective or abandoned industrial scale solar energy system, the township, in addition to any other remedy under this section, may pursue legal action to abate the violation by seeking to remove the solar energy system and recover all costs, including legal fees.

(Ord. No. 245, 6-17-2019; Ord. No. 251, 12-19-2022)

40-670—40-694 Reserved.

Subdivision III. Regulation of Uses

40-695. Uses.

This subdivision pertains to the regulation of uses as generally applicable throughout the township.

(Ord. No. 147-43, § 2.200, 12-15-2003)

40-696. Allowable uses.

Only the following uses of land, buildings or structures shall be allowed in the township:

(1) Uses lawfully established on the effective date of the ordinance from which this section is derived.

(2) Uses for which a building permit had been issued in accordance with section 40-668(5).

(3) Permitted uses in the applicable zoning districts, subject to the requirements specified.

(4) Conditional and special uses in the applicable zoning districts, subject to conditions and requirements specified.

(5) Temporary uses subject to the requirements specified in section 40-668(5).

(Ord. No. 147-43, § 2.201, 12-15-2003)

40-697. Lawful use of a structure as a dwelling unit.

(a) Incompletely constructed structures. Any incompletely constructed structure that does not meet the requirements of the state construction code or this chapter shall not be issued a certificate of occupancy and shall not be used as a dwelling. For the purposes of this section, a basement that does not have a residential structure constructed above it shall be considered an incompletely constructed structure.

(b) Caretaker residence. No dwelling shall be erected in a nonresidential district, except for the living quarters of a watchman or caretaker and his immediate family. Any such living quarters shall consist of a structure that is permanently affixed to the ground, constructed in accordance with the adopted state construction code, and provided with plumbing, heating, bathroom and kitchen facilities. In no case shall such living quarters be used as a permanent single-family residence by anyone other than a watchman or caretaker and his immediate family.

(Ord. No. 147-43, § 2.202, 12-15-2003)

40-698 Home occupations; prohibited uses.

Home occupations shall be subject to the requirements of the zoning district in which they are located, as well as the following standards unless otherwise specified elsewhere in this chapter:

(1) Home occupations must be clearly incidental to the use of the dwelling as a residence.

(2) No outdoor display or storage of materials, goods, supplies, or equipment used in the home occupation shall be permitted on the premises.

(3) The appearance of the principal structure shall not be altered, nor shall the home occupation be conducted in a manner that would cause the premises to differ from its residential character either using colors, materials, construction, lighting, signs, or the emission of sounds, noises, or vibrations.

(4) Only the residents of the dwelling unit may be engaged in the home occupation.

(5) The home occupation may increase vehicular traffic flow and parking by no more than one additional vehicle at a time. No more than 10 customers or clients shall come to the dwelling unit for services or products during any one day. Any need for parking generated by the conduct of such home occupation shall be met off the street and other than in the required front yard.

(6) No home occupation shall require internal or external alterations or involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure, or the implementation or installation of equipment normally required for the operation of commercial or industrial businesses, not normally provided for one- or two-family residential homes. All electrical and mechanical installations are required to comply with or be limited as follows:

a. The installation of not more than one electric service for one- and two-family dwellings, including all related accessory structures.

b. Electric services are limited to services that do not exceed 200 amps and any services exceeding 200 amps must be accompanied by an electric load informational sheet supplied by a licensed electrician demonstrating the actual need for the system.

c. All requests must be in writing and must be accompanied by the issuance of a permit approved by the building official. It must contain a list of the proposed specific equipment and/or uses and the additional electrical and/or mechanical equipment and their purposes in compliance with all additional ordinances of the township.

(7) One nonilluminated nameplate, not more than one square foot in area, shall be permitted. Said sign shall be attached flat to the building wall and shall display only the name and occupation of the resident on the premises.

(8) A home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater extent or frequency than would normally be generated in a similarly zoned residential district.

(9) The following uses, by the nature of their operation, have a pronounced tendency to increase in intensity beyond the limits permitted for home occupations, thereby impairing the reasonable use and value of surrounding residential properties. Therefore, the following uses are specifically prohibited as home occupations (unless otherwise permitted subject to special approval):

a. Medical clinics and hospitals.

b. Facilities for the cultivation of medical marihuana by a registered primary caregiver as defined under the MMMA.

c. Offices maintained for the general practice of a veterinarian, doctor, lawyer, accountant, insurance agent, or real estate agent. The private offices of these professionals shall be permitted; provided, that the residence is used only for consultation, emergency treatment, or business matters that can be carried on by the professional alone.

d. Millinery shops.

e. Animal hospitals or commercial kennels.

f. Vehicle and engine repair businesses.

g. Antique shops.

h. Barbershops and beauty parlors.

i. Private clubs.

j. Landscape installation and maintenance businesses, including lawn mowing businesses.

k. Snowplowing and/or removal businesses.

l. Concrete, excavation, or similar contractors.

m. Trailer rental.

n. Restaurants.

o. Repair shops and service establishments.

This list does not include every use that may be prohibited as a home occupation.

(Ord. No. 147-43, § 2.203, 12-15-2003; Ord. No. 253, 12-19-2022)

State law reference—Instruction in craft or fine art deemed a home occupation, MCL 125.3204.

40-699 Livestock and farm animals.

The following requirements shall apply to the care and keeping of all livestock and farm animals on individual parcels within the township:

(1) On those parcels which meet the description of "Category 1" or "Category 2" sites under GAAMPs, livestock and/or farm animals may be kept as regulated herein.

(2) On those parcels which meet the description of "Category 3" sites under GAAMPs, livestock and/or farm animals, not to exceed 50 in number, may be kept, provided:

a. The parcel upon which farm animals or livestock are proposed to be kept is not located within one-eighth of a mile of a subdivision or platted lots with more than 13 homes or residences;

b. There is not a nonfarm residence within 250 feet of the parcel.

(3) On those parcels which meet the description of "Category 4" sites under GAAMPs, there is no statutory right to farm or to keep or maintain farm animals or livestock. Local zoning ordinances apply.

(4) On all parcels where livestock and/or farm animals are permitted to be kept hereunder, they shall be kept only in strict compliance with the requirements set forth herein.

a. Livestock. Livestock shall only be kept and maintained in the township in compliance with the following requirements:

1. Minimum acreage. No livestock shall be kept or maintained in any zoning district on a lot or parcel less than five acres. Livestock may only be kept, added or substituted as listed on the chart below.

2. Restrictions. The parcel must also have at least 100 feet of public road frontage, have a continuous width of at least 100 feet and at least 100 feet for each additional dimension of the parcel, and comply with the following regulations:

(i) Facilities providing shelter to livestock located on the site shall be located at least 250 feet from any adja-

cent residence and the parcel owner must apply for and receive a zoning permit prior to their erection;

(ii) All fencing for livestock and fencing and structures for farm animals shall be at least a minimum of 100 feet from all adjacent residences, excluding residences on the parcel at issue, and shall be maintained clean and free from refuse, debris and manure;

(iii) Breeding. Any resulting offspring must be removed from the property within 90 days of birth.

b. Farm animals. Farm animals shall be allowed on parcels of five acres or more in compliance with the above restrictions and in addition to livestock as listed in the chart below.

Number of animals allowed and their equivalent substitute as noted per quantity of acres
LIVESTOCK—Only 1 group of the bulleted animals or combination equal to 1 group is permitted per the acreage listed	Min. 5 acres	Per add. 1 acre
a. Bovine and/or cattle	1	1
b. Equine and/or horse, alpaca, donkeys	2	1
c. Swine and/or pig, hog	2	2
d. Ostrich, emu, llama, etc.*	2	1
e. Ovine—sheep, goats, etc.*	6	2
FARM ANIMALS—In addition to livestock, chickens, rabbits, poultry, or furred animals, etc.*	100	40
*As determined appropriate by the zoning administrator in compliance and recognition of other state and/or national standards adopted by resolution of the township board.

c. Anyone desiring to have livestock or farm animals on parcels of less than five acres (with the exception of the residential restrictions listed below) must submit a sketch plan and application to the planning commission a minimum of 28 days prior to the meeting for review and approval at regular meeting, to be held no sooner than 15 days after notice has been provided by the township and at the applicant’s expense to the owners and occupants of all parcels of land within 300 feet of the applicant’s parcel. Application fees shall be determined by resolution of the township board, from time to time.

(5) Residential restrictions. Farm animals (excluding livestock) may be kept and maintained in the township on residential lots, under five acres, in compliance with the following requirements:

a. Farm animals/pets, for personal or for "4-H" activities, such as chickens, rabbits, or other small animals, in any total combination up to four, excluding roosters, may be kept, provided they are caged and/or fenced and are located to the rear and/or side of the occupant’s residence and at least five feet from adjoining property lines, unless they are deemed to be creating a nuisance, and are ordered removed. (Requirements of the animal control ordinance will regulate dogs and cats.)

b. Any resulting offspring must be removed from the property within 90 days of birth.

(6) The following shall apply to the keeping of any and all animals: All animals must be kept in a safe and humane manner with provision for the proper feed, water, space and including shelters for the protection from the elements and subject to all local, state and federal requirements.

(7) All structures and fencing for the keeping of animals must be approved by the zoning administrator and/or building official and must be constructed and maintained in compliance with township ordinances and all necessary permits must be secured before construction commences.

a. Kennels and/or commercial stables are prohibited in any residential district.

b. Detached accessory structures for livestock or farm animals may not be erected on any vacant residential parcels without a variance from the zoning board of appeals.

(8) Animal waste and manure means livestock excreta, bedding material, milk house waste, soil, compost, hair, feathers, egg shells, or other debris normally included in manure handling. Any zoning request to permit animals on any GAAMP category or specially approved site by the planning commission must include an animal waste removal plan for approval. The animal waste removal plan must include storage area, removal procedures and schedule for waste removal from the site, odor control and locations of any and all floodplains, wetlands, creeks, ponds, waterways and wells, active and nonactive. Any verified complaints pertaining to any of the above conditions could result in the revocation of the approval.

(9) Animals generally considered "exotic" or "dangerous," in any manner, as determined by the ordinances of Port Huron Township and the zoning administrator and/or which require specific state and/or federal registrations and/or regulations must be approved prior to harboring in the township. Note: Bees are not considered livestock or farm animals and will not be regulated unless determined to be a nuisance or blight.

(Ord. No. 238, 11-7-2016; Ord. No. 238A, 6-19-2017)

40-700 Uses not otherwise included within a zoning district.

A land use that is not cited by name as a permitted use in a zoning district may be permitted upon determination by the zoning official such use is clearly similar in nature and compatible with the listed or existing uses in that district. In making such a determination, the zoning official shall consider the following:

(1) Determination of compatibility. In making the determination of compatibility, the zoning official shall consider specific characteristics of the use in question and compare such characteristics with those of the uses that are expressly permitted in the district. Such characteristics shall include, but are not limited to, traffic generation, types of service offered, types of goods produced, methods of operation and building characteristics.

(2) Conditions by which use may be permitted. If the zoning official determines that the proposed use is compatible with permitted and existing uses in the district, the zoning official shall then decide whether the proposed use shall be permitted by right, as a special use or as a permitted accessory use. The proposed use shall be subject to the review and approval requirements for the district in which it is located.

(3) Planning commission determination. In the event that the zoning official is unable to decide if a use should be considered a permitted use in a particular zoning district, then the zoning board of appeals may be asked for an interpretation of this chapter in a specific case.

(4) Uses listed in another district. No use shall be permitted in a district under the terms of this section if the use is specifically listed as a use permitted by right or as a special use in any other district.

(Ord. No. 147-43, § 2.205, 12-15-2003)

40-701—40-728. Reserved.

Subdivision IV. Development Standards

40-729 Streets, roads and other means of access.

(a) Intent. Unimpeded, safe access to parcels of land throughout the township is necessary to provide adequate police and fire protection, ambulance services and other public services, and to otherwise promote and protect the health, safety and welfare of the public. The standards and specifications set forth herein are determined to be the minimum standards and specifications necessary to meet the above-stated intentions.

(b) Public access required. The front lot line of each lot shall abut onto a publicly dedicated road right-of-way or a private road complying with adopted standards for roads by the county road commission.

(c) Driveway dimensions. Driveways providing access to residential, commercial or industrial properties shall comply with the dimensional standards specified in section 40-786(e)(2)b.

(d) Access across residential district land. No land that is located in a residential district shall be used for a driveway, walkway or access purposes to any land that is located in a nonresidential district, unless such access is by way of a public road.

(e) Service roads. If the planning commission determines that proposed or anticipated development will result in an excessive number of entrance or exit drives onto a public road, thereby creating potentially hazardous traffic conditions and diminishing the carrying capacity of the road, the commission may permit or require construction of service roads across abutting parcels and generally parallel to the arterial street to allow traffic to circulate from one parcel to another without reentering the public road. The front edge of any such secondary access drive shall be located no closer to the road than the future right-of-way line. Such secondary access drive shall conform to the minimum specifications established by the township engineer.

(f) Performance guarantee. To ensure completion of a private road or service road in conformance with the requirements set forth herein, the building official or zoning official may require the applicant or owner to provide a performance guarantee, in accordance with section 40-82

(Ord. No. 147-43, § 2.301, 12-15-2003)

40-730. Grading regulations.

(a) Intent and scope of requirements. Compliance with the grading regulations set forth herein shall be required as follows:

(1) Intent. Grading regulations are established to control the excavation and filling of land, to ensure adequate drainage away from structures and to a natural or established drainage course, and to ensure protection of trees on sites where grading is to take place. These regulations establish procedures and requirements for grading permits, inspection of finished grading operations, and penalties for violation of the grading regulations.

(2) Scope of application. A grading permit shall be required in all instances where grading, excavating, filling, stockpiling or other alteration to the land is proposed. Filling shall include the dumping of soil, sand, clay, gravel or other material on a site. However, where proposed alterations to the land are minor and are determined by the township engineer to have no significant impact on the storm drainage pattern, the requirement for a grading permit may be waived.

(b) Grading plan.

(1) Generally. In the event that a grading permit is required, the applicant shall first submit a grading plan for review and approval by the township engineer and building official. Grading plans may be submitted in conjunction with a site plan review, or may be submitted as a separate plan. Such plans shall be prepared and sealed by a registered land surveyor or civil engineer.

(2) Grading plan standards. At a minimum, grading plans shall show grade elevations adjacent to existing and proposed structures and at the nearest side of structures on adjacent properties, and sufficient existing and proposed elevations on the site to be altered and on as much of the adjacent property as is necessary to establish the proposed surface water drainage pattern. If excavation or filling is proposed, the amount of material to be excavated or filled shall be indicated on the grading plan. All elevations shall be based on USGS datum. Elevations and location of benchmarks used for determining elevations shall be shown on the plan.

(3) Subdivision grading plans. For any proposed subdivision or site condominium project, a grading plan prepared and sealed by a registered land surveyor or civil engineer shall be submitted with the preliminary plan. The grading plan shall show the topography of the area proposed for development, the existing drainage pattern and the proposed surface water drainage pattern. Drainage easements shall be provided across private property where necessary for handling surface drainage from adjacent properties.

(1) Slope away from buildings. All buildings and structures shall be constructed at an elevation that provides a sloping grade away from the building or structure, thereby causing surface water to drain away from the walls of the building to a natural or established drainage course. Unless insufficient space exists on a site, a minimum five percent slope away from all sides of a building or structure shall be provided for a minimum distance of ten feet.

(2) Establishing grade. The established grade on all types of buildings and/or structures in the township shall not exceed 20 inches above or below the sidewalk or the crown of the road, as it exists at the time of construction. The township building official may waive this requirement in special cases where he finds that the natural topography has an adverse effect upon drainage and that this provision would serve no useful public purpose.

(3) Runoff onto adjacent properties. New grades shall not be established that would permit an increase in the runoff of surface water onto adjacent properties, except through dedicated drainage courses or easements.

(4) Prohibited fill. No fill material shall be placed in wetlands, floodplains, spillways or watercourses without appropriate federal, state and local approvals.

(d) Review, inspection, and approval procedures. The township engineer and building official shall review grading plans for approval. In the event that the grading plan is submitted in conjunction with a site plan submission, the planning commission shall review the grading plan as a part of normal site plan review. The building official shall issue a grading permit after a determination has been made that the requirements set forth herein and in other applicable ordinances have been complied with. For residential properties, the building official may verify compliance with a grading plan and permit after a visual on-site inspection. The township engineer shall be responsible for verifying compliance with grading plans and permits for nonresidential sites or in cases the building official considers a review by the township engineer appropriate. Before final inspection and issuance of a certificate of occupancy, the rough grading must be completed; final grading shall be completed within six months after a certificate of occupancy has been issued.

(Ord. No. 147-43, § 2.302, 12-15-2003)

State law reference— Soil erosion and sedimentation control, MCL 324.9101 et seq.

40-731. Lighting requirements.

Subject to the provisions set forth herein, all parking areas, walkways, driveways, building entryways, off-street parking and loading areas, and building complexes with common areas shall be sufficiently illuminated to ensure the security of property and the safety of persons using such public or common areas.

(1) Permitted lighting. Only nonglare, color-corrected lighting shall be permitted. Lighting shall be placed and shielded so as to direct the light onto the site, prevent glare, and point away from adjoining properties. The lighting source shall not be directly visible from adjoining properties. Lighting shall be shielded so that it does not cause glare for motorists (see diagram).

(2) Intensity. In parking areas where lighting is supplied, the light intensity shall average a minimum of 1.0 footcandle. In pedestrian areas where lighting is supplied, the light intensity shall average a minimum of 2.0 footcandles. In no case shall the intensity of lighting exceed 0.5 footcandles at any property line abutting a parcel that is either zoned or used for residential purposes or 1.0 footcandles at any nonresidential property line. All measurements shall be made at a level five feet above the grade.

(3) Height. Except as noted below, lighting fixtures shall not exceed a height of 25 feet measured from the ground level to the centerline of the light source. The planning commission may modify these height standards in nonresidential districts, based upon consideration of the following: the position and height of buildings, other structures, and trees on the site; the potential off-site impact of the lighting; the character of the proposed use; and the character of surrounding land use. In no case shall the lighting on a site exceed the maximum building height in the district in which it is located.

(4) Sign lighting. Signs shall be illuminated only in accordance with all applicable regulations of the township.

(5) Site plan requirements. At the time of site plan approval the applicant must supply a photometric plan consistent with requirements of these regulations. All lighting, including ornamental lighting, shall be shown on plans in sufficient detail to allow determination of the effects of such lighting upon adjacent properties, traffic safety and overhead sky glow. The objective of these specifications is to minimize undesirable offsite effects.

LIGHTING REQUIREMENTS

(Ord. No. 147-43, § 2.303, 12-15-2003)

40-732. Dumping, filling and excavation.

The dumping of waste or other materials, grading, excavating, filling and similar earth changes shall be subject to the following regulations:

(1) Dumping of waste, junk or similar materials. The use of land for the storage, collection or accumulation of used construction materials, or for the dumping or disposal of refuse, ash, garbage, rubbish, waste material or industrial by-products shall be prohibited in any district unless otherwise allowed in this chapter, the county solid waste management plan and Part 115 of the Natural Resources and Environmental Protection Act, Public Act No. 451 of 1994 (MCL 324.11501 et seq.; NREPA Part 115) for solid waste management planning.

(2) Excavation. The excavation or continued existence of unprotected holes, pits or wells that constitute or are reasonably likely to constitute a danger or menace to the public health, safety and welfare is prohibited. However, this restriction shall not apply to excavations for which a permit has been acquired, provided that such excavations are properly protected with fencing, guard rails and warning signs. Excavations that may be permitted if proper permits are acquired include excavation related to construction of a driveway, walk, a permitted wall, or building or part thereof, or movement of soil within the boundaries of a parcel for the purposes of preparing a site for building construction or another permitted use.

(3) Dumping of soil, sand, clay, gravel or similar material. The dumping or filling with soil, sand, clay, gravel or similar earthen material (excluding waste, junk or contaminated material) on any lot or parcel of land shall not occur unless the plans for such dumping or filling have first been reviewed and appropriate permits issued by the building official. Land within a drainage easement shall not be filled unless approved by the township engineer.

(4) Removal of soil, sand or similar materials. Approval of the building official shall be required prior to the removal of topsoil, sand, gravel or similar earthen material from any site in the township. A permit shall be issued only upon finding that such removal will not cause stagnant water to collect or leave the surface of the land in an unstable condition or unfit for the growing of turf and other land uses permitted in the district in which the site is located.

(Ord. No. 147-43, § 2.304, 12-15-2003)

40-733. Trash removal and collection.

Dumpsters are required as an accessory to any use other than single- and two-family residential uses, subject to the following conditions:

(1) Location. Dumpsters shall be permitted in the side or rear yard provided that no dumpster shall extend closer to the front of the lot than any portion of the principal structure, and provided further that the dumpster shall not encroach on a required parking area, is clearly accessible to servicing vehicles, and is located at least ten feet from any building. Dumpsters shall comply with the setback requirements for the district in which they are located and shall be located as far as practicable from any adjoining residential district.

(2) Concrete pad. Dumpsters shall be placed on a concrete pad. The concrete pad should extend a minimum of three feet in front of the dumpster enclosure.

(3) Screening. Dumpsters shall be screened from view from adjoining property and public streets and thoroughfares. The screening shall be on three sides with a permanent building, decorative masonry wall, wood fencing or earth mound not less than six feet in height or at least six inches above the height of the enclosed dumpster, whichever is taller. The fourth side of the dumpster screening shall be equipped with an opaque lockable gate that is the same height as the enclosure around the other three sides.

(4) Bollards. Bollards (concrete-filled metal posts) or similar protective devices shall be installed at the opening to prevent damage to the screening wall or fence.

(5) Site plan requirements. The location and method of screening of dumpsters shall be shown on all site plans.

(Ord. No. 147-43, § 2.305, 12-15-2003)

40-734. Safety provisions.

(a) Public service access. All structures shall be provided with adequate access for fire, police, sanitation and public works services.

(b) Fire protection. All structures shall be provided with adequate fire protection, including adequate water supply for firefighting purposes, adequate internal fire suppression system, use of firewalls and fireproof materials, and other fire protection measures deemed necessary by the fire inspector or building official.

(1) Fire protection systems. The fire inspector or building official shall have the authority to require fire protection systems installed in any zoning district.

(2) Site development standards. To facilitate fire protection during site preparation and construction of buildings, consideration shall be given to the following:

a. Water mains and fire hydrants shall be installed prior to construction above the foundation. Hydrants shall be spaced to provide adequate firefighting protection for all buildings and uses, subject to applicable codes and review by the township officials. Where public water supplies may be insufficient for safety purposes, the fire inspector may require the installation of dry hydrants in areas adjacent to open water.

b. Prior to construction of buildings and other large structures, a hard-surfaced roadbed shall be provided to accommodate access of heavy firefighting equipment to the immediate job site at the start of construction. The roadbed shall be maintained until all construction is completed or until another means of access is constructed.

c. Free access from the street to fire hydrants and to outside connections for standpipes, sprinklers or other fire extinguishing equipment, whether permanent or temporary, shall be provided and maintained at all times.

d. The building permit holder shall provide scheduled daily cleanup of scrap lumber, paper products and corrugated cardboard and other debris. Construction debris shall be disposed of in accordance with methods approved by the building official.

(Ord. No. 147-43, § 2.306, 12-15-2003)

40-735. Sidewalks.

Sidewalks, where proposed or required, shall be subject to the following regulations:

(1) Location and width. Required sidewalks shall be a minimum of four feet in width and shall be located one foot off the property line in the road right-of-way, except where the planned right-of-way is greater in width than the existing right-of-way, in which case the sidewalk shall be located one foot inside the planned right-of-way. The planning commission may modify this requirement in consideration of the location of utilities, existing landscaping or other site improvements.

(2) Design standards. Sidewalks shall be constructed of concrete in accordance with established engineering standards for the township and shall be compliant with state handicap requirements.

(3) Alignment with adjacent sidewalks. Sidewalks shall be aligned horizontally and vertically with existing sidewalks on adjacent properties. The planning commission may modify this requirement if existing adjacent sidewalks are not constructed in conformance with the standards set forth herein.

(4) Maintenance. The owner of the property that fronts on the sidewalk shall be responsible for maintenance of the sidewalk, including patching cracked or deteriorated pavement, snow removal and removal of glass and other debris. The property owner shall be liable for damages in the event that a person is injured while using a sidewalk that said property owner has not properly maintained.

(5) Permits. It shall be the responsibility of the owner or developer to secure any required permits from township, county or state agencies to allow sidewalk construction in the road right-of-way.

(Ord. No. 147-43, § 2.307, 12-15-2003)

40-736 Ponds.

Private ponds for fish, ducks, livestock, irrigation, fire protection, aesthetics or home recreation are allowed in any zoning district subject to the following conditions:

(1) The pond must be located on a zoning lot of at least five contiguous acres.

(2) Prior to construction, a topographical plan shall be submitted to the building official for review.

(3) No manmade pond shall be created or expanded to a total surface area exceeding one acre. When combined with other site improvements, no pond shall exceed the maximum lot coverage allowed for the zoning district per the schedule of regulations, section 40-619.

(4) A five to one side slope (five feet horizontal for each one foot vertical) shall be provided and maintained.

(5) Excavated material may be leveled around the area of the pond as long as there is no adverse effect upon drainage patterns.

(6) All of the disturbed ground around the excavation shall be seeded with adapted grasses and legumes.

(7) Any ponds created within wetland or floodplain areas shall comply with all applicable federal, state and location regulations and permit processes.

(Ord. No. 147-43, § 2.308, 12-15-2003)

State law reference— Wetlands protection, MCL 324.30301 et seq.

40-737 Fences.

Every fence constructed or erected in the township shall comply with the regulations of this chapter. No fence shall be erected or constructed until a permit has been issued in accordance with the provisions of this section.

(1) General requirements.

a. Intent. The intent of the revision of the fence regulations is due to the increased need for additional security options and the number of fences that have recently been erected in nonconformity to the existing ordinance during the closure of the Township Hall and the recent concerns regarding the COVID-19 pandemic.

b. Definitions. The following definitions of fencing shall be added to the zoning ordinance for regulation purposes:

1. A "decorative" fence will be considered any fence with a scalloped or other erratic cutout design on the top and sides along with other designs or log or structurally stacked horizontal members that do not exceed the height limitation for the location specified as allowed per the ordinance. Vinyl fences with decorative panels shall also be considered decorative for the purposes of this section.

2. For the purposes of this section, shrubbery and/or trees shall not be defined as a "fence." Other regulations listed elsewhere in the ordinances to control the location of plantings are still applicable and such regulations shall be enforced where listed.

3. The word "department" as used in this section shall include the definition of the building official, the zoning administrator, or their designee, such as a code enforcement officer or similar appointed position.

c. Fence materials. Fences shall consist of materials commonly used in conventional fence construction, such as plastic, wood or metal. Razor wire shall not be permitted. Electric and barbed wire fences are not permitted except where erected entirely inside of another permitted, conforming fence, on properties approved for agricultural uses for the containment of livestock, in compliance with all ordinance restrictions listed elsewhere in the ordinance.

d. Finished appearance. If, because of the design or construction, one side of the fence has a more finished appearance than the other, the side of the fence with the more finished appearance shall face the exterior of the lot with the following exceptions:

1. When a fence is approved for construction under a joint permit as provided for in this section, the joint permit holders shall determine the preferred orientation of the more finished side of the fence along the common property lines of the joint permit holders.

2. An owner of abutting property may waive the right for the more finished side of a fence to face his abutting property. Such waiver of right must be in the form of a written consent statement, signed by the owner of the property where the fence would face under the normal requirements of this section. The written consent statement shall be attached to the permit application and maintained with permit records by the department.

e. Obstruction to use of adjoining property. No fence shall be erected where it would prevent or unreasonably obstruct the use of adjacent property, nor shall a fence be erected where it would obstruct or prevent the continued safe use of an existing driveway or other means of access to adjacent property. In enforcing this provision, the department may require a fence to be set back a minimum distance, as noted elsewhere in the ordinance from a driveway, street, sidewalk or property line in order to provide for the safe passage of pedestrians, bicyclists or vehicular traffic or other safety related concerns.

f. Fence maintenance. Fences shall be maintained in good condition. All fences shall be the responsibility of the owner of the property on which it is placed. Rotten or broken components shall be replaced, repaired or removed, as necessary or required. Surfaces shall be painted, stained or otherwise treated with materials to protect and preserve the fence and provide an attractive finish. If a fence is found to be in need of repair, the department shall issue orders to complete such repairs. Failure to comply with written notice to the property owner of record by the department shall be deemed a violation of this chapter and subject to a municipal civil infraction.

g. General location requirements. Any fence shall be located entirely on the property for which the permit is issued. No fence, or portion thereof, including electric fences and/or barbed wire, may extend into or over another’s property, right-of-way, or an established walkway such as a sidewalk, with the exception of gates as noted elsewhere in the ordinance. Gates or sections of the fence may swing into or over a private walkway provided there are no hazardous sections such as barbed wire which may cause serious intentional bodily harm. However, adjoining property owners may jointly apply for a fence permit, in which case the department may permit it to be constructed on their common property line. A fence shall not be attached to or touch a fence located on another owner’s lot without the express written agreement of the owners of both fences. In every case, fences must be constructed with adequate posts and other supports so that each fence is capable of maintaining a rigid and upright position in compliance with the locations described in the original application.

h. Corner clearance. Fences located adjacent to a street or driveway shall be designed to provide unobstructed sight distance for drivers in accordance with section 40-665(4) as currently referenced.

i. Nonconforming fences. Fences approved after passage of the ordinance revision codified in this section or that can be documented on the St. Clair County Geographic Information System as being erected prior to the 2010 Ariel photography flyover may be replaced as documented on the photos or on a previously approved permit application may be replaced as approved or documented. However, any future additions to the fence locations and heights will be required to conform to this chapter.

(2) Review and approval procedures.

a. Application for permit. An application for a permit to construct a fence shall be filed with the department. No fence shall be erected or constructed until a permit has been issued in accordance with the provisions of this section. If a fence is proposed in conjunction with a development that requires site or sketch plan review, then the fence shall be shown on the plans. The plans shall be reviewed in accordance with normal site or sketch plan review procedures. The application shall be accompanied by drawings and other information that illustrate the dimensions, design and location of the proposed fence. The following minimum information shall be included on the drawing submitted in support of a fence permit application:

1. Fence location.

2. Distance from lot lines and site improvements.

3. Materials, sizes and methods used in construction.

4. Location of all structures within 25 feet of the proposed fence.

5. Location of all existing fences within 10 feet of the proposed fence.

6. Location of all driveways within 25 feet of the proposed fence.

7. Location of all sidewalks within 25 feet of the proposed fence.

b. Permit issuance. The department or their designee may determine other additional information that is reasonably necessary to provide a complete review of the proposed fence and issue the permits. Such additional information shall be provided by the applicant as may be required to ensure compliance with the regulations set forth in this chapter and be inspected by the department, to ensure the fence is in compliance with all requirements listed.

c. Permit costs. Each fence permit application shall be accompanied by a fee, at permit issuance, to recover the reasonable costs for review and permit issuance. The amount of the fee shall be fixed by resolution of township board and posted in the building department. If the fence is constructed before an application for a permit is obtained, the fee shall be increased to an amount equal to twice the fee that is required if the permit application and fee were obtained prior to construction of the fence. The department shall grant a permit to construct a proposed fence upon finding that the proposed fence fully complies with all applicable regulations.

d. Survey required. In the event lot lines for the subject property cannot be located to the satisfaction of the department, they may withhold issuance of the permit until the lot lines are located and permanent stakes are installed by a licensed surveyor.

e. Appeal of a decision. Upon determination that the permit application or the requirements of the proposed fence do not meet the requirements listed in the ordinance or an application is denied by the planning commission or the department, the applicant may appeal the decision to the zoning board of appeals.

f. Penalties. Any failure to comply with any part of this section, or to maintain and/or protect the safety of the animals, the property, and/or neighboring property shall be considered a violation of the ordinance and subject to a municipal civil infraction, and/or other action as deemed necessary by the township.

(3) Fence regulations in residential zoning districts.

a. Locations and height. Fences in residential districts shall not exceed six feet in height. Fences shall only be located as noted below and shall be subject to the following additional regulations:

1. Three-foot-high decorative fences shall be permitted in any area of a legal parcel surrounding a residence, subject to all other restrictions listed.

2. Up to four-foot-high fences shall be permitted in all side and rear yard setback locations and may only be placed in front of a residence, up to and parallel with the front yard setback allowed for a covered or uncovered porch.

3. Up to six-foot-high fences shall be permitted in the following locations:

i. Anywhere in the allowed rear and side yard setbacks of a residence.

ii. Up to and parallel with the front of a residence or the attached garage to the adjacent side yard lot line.

iii. Up to and parallel with the front of a residence or detached accessory structure, that extends into a front yard setback, only when approved by the planning commission through the submittal of a sketch plan application.

iv. Up to and/or parallel with the adjacent rear yard setback of the residence on the side yard setback on that side of the property.

b. Fences abutting rights-of-way. Fences located along the side lot line abutting a street on a corner lot shall be located no closer than one foot to the edge of the sidewalk or on the lot line if there is no sidewalk adjacent to the lot line. Where two residences both have abutting rear yards, or where there are vacant lots or no adjacent residences with frontage on the right-of-way, a six-foot-high fence shall be permitted.

c. Fences enclosing public areas. Fences that enclose public parks, playgrounds or similar public areas located within a residential district shall not exceed six feet in height, measured from the surface of the ground, without sketch plan review and approval by the planning commission.

d. Screening. A maximum of six-foot-high fencing or screening shall be allowed to be erected on the top of decks, pools and other similar occupied raised platforms located in a side or rear yard setback upon the issuance of a zoning permit, provided the base structure is in compliance with the minimum setback requirements listed in the ordinance for the structure.

(4) Fence regulations in nonresidential zoning districts.

a. Location.

1. Except as otherwise permitted in this section for industrial facilities, fences shall be permitted in the rear or side yards of nonresidential districts; provided, that no fence shall extend closer toward the front of the lot than any portion of the principal structure.

2. A fence may also be installed in the front yard of a lot located in nonresidential districts for the purpose of providing security for goods, supplies and vehicles stored on the industrial lot, provided an application for the security fence shall be submitted for review and approval consistent with the site plan or sketch plan approval procedures of the zoning ordinance. Reasonable conditions for the placement of such fences may be included when such fence is approved.

3. Fences located along the side lot line abutting a street on a corner lot shall be located no closer than one foot to the edge of the sidewalk or on the lot line if there is no sidewalk adjacent to the lot line.

4. Fences on corner lots shall comply with the corner clearance requirements listed in section 40-665(4).

b. Height. Fences in commercial and industrial districts shall not exceed eight feet in height without special use approval by the planning commission.

c. Barbed wire. Barbed wire may not be attached to the top of a fence in an industrial or commercial district, without special use approval by the planning commission.

d. Signs attached to fences. Signs advertising the availability of services or products shall not be attached to any fence. The only sign that may be attached to a fence shall indicate the name of the individual or company that constructed the fence and that sign shall not exceed two square feet in area.

e. Conflict with wall requirements. This section shall in no way alter or affect the requirements for walls as set forth in other sections of this chapter.

(Ord. No. 147-43, § 2.309, 12-15-2003; Ord. No. 233, 4-1-2013; Ord. No. 248, § 2, 5-17-2021)

40-738 Satellite dish antennas.

Satellite dish antennas may be permitted as an accessory use in any zoning district, subject to the following conditions:

(1) Roof-mounted antennas. Roof-mounted dish antennas up to ten feet in diameter shall be permitted in nonresidential districts only, provided that the antennas comply with the height standards for the district in which they are located. Roof-mounted dish antennas up to 24 inches in diameter shall be permitted in residential districts.

(2) Ground-mounted antennas. Ground-mounted antennas up to ten feet in diameter shall be permitted in all districts subject to the following conditions:

a. Maximum height permitted shall be 20 feet.

b. The satellite dish structure shall be securely mounted and anchored to a pole and secured in accordance with the requirements of the manufacturer and the state construction code.

c. If elevated off of the ground, all such antennas shall be located so that there is an eight-foot clearance between the lowest part of the dish and grade.

d. Satellite dish antennas shall comply with setback requirements for the district in which they are located, and shall not be permitted in front yards.

e. All electrical and antenna wiring shall be placed underground.

f. The surface of the dish shall be painted or treated so as not to reflect glare from sunlight, and shall not be used as any sign or message board. All installations

shall employ (to the extent possible) materials and colors that blend into the surroundings.

(Ord. No. 147-43, § 2.310, 12-15-2003)

40-739 Wireless telecommunication facilities and services.

(a) Scope. Wireless telecommunication support structures (towers) and wireless telecommunication facilities (antennas) are permitted upon special land use approval and site plan review and approval, subject to the conditions hereinafter imposed in subsection (b) of this section, and subject further to the special land use procedures as uses allowed under special use regulations, in all districts and if approved, constructed and maintained in accordance with the standards and conditions of this section, and also subject to the following criteria and standards:

(1) Allowable district not available. At the time of the submittal, the applicant shall demonstrate that a location within an allowable district cannot reasonably meet the coverage and/or capacity needs of the applicant.

(2) Design. Wireless telecommunication facilities shall be of a design such as a steeple, bell tower or other form that is compatible with the existing character of the proposed site, neighborhood and general area, as approved by the planning commission, and shall comply with the collocation requirements of subsection (b)(12) in all districts.

(3) Priority. In all districts, site locations shall be permitted on a priority basis on the following sites, subject to application of all other standards contained within this section:

a. Municipally owned sites.

b. Other governmentally owned sites.

c. Religious or other institutional sites.

d. Public or private school sites.

(4) Monopole. Monopole towers shall be permitted in lieu of an alternative design provided that such towers are set back at least 300 feet from any public road and shall comply with the collocation requirements of subsection (b)(12) of this section.

(5) Residential lot prohibition. No wireless telecommunication facilities shall be permitted on a privately owned residential lot of record within any residential zoning district.

(b) General requirements for wireless telecommunication facilities. All applications for wireless telecommunication facilities shall be reviewed in accordance with the following standards and conditions and, if approved, shall be constructed and maintained in accordance with such standards and conditions. In addition, if a facility is approved, it shall be constructed and maintained with any additional conditions imposed by the planning commission at its discretion within the intent and purpose of this chapter.

(1) Application information. All applications for the required permit to place, construct or modify any part or component of a wireless telecommunication facility shall include the following:

a. A site plan prepared in accordance with the procedures in article II, division 2 of this chapter, showing the location, size, screening and design of all buildings and structures, including fences; the location and size of outdoor equipment; the location, number and species of proposed landscaping; as-built drawings for all proposed attached wireless telecommunication facilities and/or wireless telecommunication support structures; and photographs of at least three similar existing structures.

b. A disclosure of what is proposed, demonstrating the need for the proposed wireless telecommunication support structure to be located as proposed based upon the presence of one or more of the following factors:

1. Proximity to an interstate highway or major thoroughfare.

2. Areas of population concentration.

3. Concentration of commercial, industrial and/or other business centers.

4. Areas where signal interference has occurred due to tall buildings, masses of trees or other obstruction.

5. Topography of the proposed facility location in relation to other facilities with which the proposed facility is to operate.

6. Other specifically identified reasons creating a need for the facility.

c. The reason or purpose for the placement, construction or modification with specific reference to the provider’s coverage, capacity and/or quality needs, goals and objectives.

d. The existing form of technology being used and any changes proposed to that technology.

e. As applicable, the planned or proposed and existing service area of the facility and the attached wireless telecommunication facility, and wireless telecommunication support structure height and type, and signal power expressed in effective radiated power (ERP) upon which the service area has been planned.

f. The nature and extent of the provider/applicant’s ownership or lease interest in the property, building or structure upon which facilities are proposed for placement, construction or modification.

g. The identity and address of all owners and other persons with a real property interest in the property, buildings or structure upon which facilities are proposed for placement, construction or modification.

h. A map showing existing and known proposed wireless telecommunication facilities within the township, and further showing existing and known proposed wireless telecommunication facilities within areas surrounding the borders of the township in the location, and in the area, that are relevant in terms of potential collocation, or in demonstrating the need for the proposed facility. If and to the extent the information in question is on file with the community, the applicant shall be required only to update as needed. Any proprietary information may be submitted with a request for confidentiality in connection with the development of governmental policy MCL 15.243(1)(g). This chapter shall serve as the promise to maintain confidentiality to the extent permitted by law. The request for confidentiality must be prominently stated in order to bring it to the attention of the township.

i. For each location identified on the applicant/provider’s survey maps and drawings, the application shall include the following information, if known, with the applicant/provider expected to exercise reasonable due diligence in attempting to obtain information through lawful means prior to application:

1. The structural capacity and whether it can accommodate the applicant’s facility, as proposed or modified.

2. Whether property owner approvals exist or have been requested and obtained.

3. Whether the location could be used by the applicant/provider for placement of its attached wireless telecommunication facility or, if the location cannot be used, a disclosure of the technological considerations involved, with specific reference to how use of the location would prohibit the applicant/provider from providing wireless telecommunication services.

j. A certification by a state licensed and registered professional engineer regarding the ability of the structure to support the antennas and the manner in which the proposed structure will fall. The certification will be utilized, along with other criteria such as applicable regulations for the district in question, in determining appropriate setbacks to be required for the structure and other facilities.

k. A description of the security to be posted at the time of receiving a building permit for the wireless telecommunication support structure to ensure removal of the structure when it has been abandoned or is no longer needed, as provided in subsection (b)(7) of this section. The security shall, at the election of the township, be in the form of cash, surety bond, letter of credit or an agreement in a form approved by the township attorney and recordable at the office of the county register of deeds, a promise of the applicant and owner of the property to timely remove the facility as required under this section, with the further provision that the applicant and owner shall be responsible for the payment of any costs and attorney’s fees incurred by the township in securing removal and the property shall provide security for the costs and fees.

l. The site plan shall include a landscape plan where the wireless telecommunication support structure is being placed at a location that is not otherwise part of another site plan with landscaping requirements. The purpose of landscaping is to provide screening for the wireless telecommunication support structure base, accessory buildings and enclosure. In all cases there shall be fencing of at least eight feet in height that is required for the protection of the tower.

m. Evidence of site plan approval from the Federal Aviation Administration, if required, or evidence that such approval is not required.

n. The name, address and telephone number of the person to contact for engineering, maintenance and other noticed purposes. This information shall be continuously updated during all times the facility is on the premises.

(2) Support structure. The wireless telecommunication support structure shall not be injurious to the neighborhood or otherwise detrimental to the public safety and welfare. The wireless telecommunication support structure shall be located and designed to be harmonious with the surrounding areas, and to be aesthetically and architecturally compatible with the natural environment, as well as the environment as altered by development.

(3) Height demonstration. The maximum height of all new or modified attached wireless telecommunication facilities and wireless telecommunication support structures shall be the minimum height demonstrated to be necessary for reasonable communication by the applicant (and by other entities to collocate on the structure), whichever is less, to the satisfaction of the planning commission, or such lower heights as approved by the Federal Aviation Administration. The applicant shall demonstrate a justification for the proposed height of the structures and an evaluation of alternative designs that might result in lower heights. The accessory building contemplated to enclose items such as switching equipment shall be limited to the maximum height for accessory structures within the respective district.

(4) Setbacks. Where the wireless telecommunication support structure abuts a parcel of land zoned for other than residential purposes, the minimum setback of the wireless telecommunication support structure and accessory structures shall be in accordance with the required setbacks for the main or principal buildings as provided in the schedule of regulations for the zoning district in which the wireless telecommunication support structure is located.

(5) Access. There shall be an unobstructed access to the wireless telecommunication support structure for operation, maintenance, repair and inspection purposes. The access may be provided through an easement. This access shall have a width and location determined by such factors as the location of adjacent thoroughfares and traffic circulation within the site; utilities needed to service the wireless telecommunication support structure and any attendant facilities; the location of buildings and parking facilities; proximity to residential districts and minimizing disturbance to the natural landscape; and the type of equipment that will need to access the site.

(6) Land division prohibition. The division of property for the purposes of locating a wireless telecommunication support structure is prohibited unless all building requirements and conditions are met.

(7) Variances. The zoning board of appeals may grant variances only for the setback requirements of a wireless telecommunication support structure, provided that the proposed location will reduce its visual impact on the surrounding area, or for the collocation requirements of subsection (b)(12) of this section.

(8) Equipment placement. Where a wireless telecommunication facility is proposed on the roof of a building with the equipment enclosure proposed as a roof appliance or penthouse on the building, it shall be designed, constructed and maintained to be architecturally compatible with the principal building. The equipment enclosure may be located within the principal building or may be an accessory building, provided that the accessory building conforms to all district requirements for principal buildings, including yard setbacks and building height.

(9) Color. The planning commission shall, with respect to the color of the wireless telecommunication support structure and all accessory buildings, review and approve so as to minimize distraction, reduce visibility, maximize aesthetic appearance and ensure compatibility with surroundings. It shall be the responsibility of the applicant to maintain the wireless telecommunication facility in a neat and orderly condition recognizing its highly visible nature.

(10) Code compliance. Wireless telecommunication support structures shall be constructed in accordance with all applicable building codes and shall include the submission of a professional soils report from a geotechnical engineer licensed in the state. This soils report shall include soil borings and statements indicating the suitability of soil conditions for the proposed use. The requirements of the Federal Aviation Administration, Federal Communication Commission and state aeronautics commission shall be noted.

(11) Maintenance. A maintenance plan, and any applicable maintenance agreement, shall be presented as part of the site plan for the proposed facility. Such plan shall be designed to ensure the longterm, continuous maintenance to a reasonably prudent standard.

(12) Collocation of facilities. If a provider fails or refuses to permit collocation on a facility owned or otherwise controlled by said provider, where collocation is feasible, the result will be that a new and unnecessary additional structure will be compelled, in direct violation of and in direct contradiction to the basic policy, intent and purpose of the township. The provisions of this subsection are designed to carry out and encourage conformity with the policy of the township.

(13) Collocation capability. Any proposed commercial wireless telecommunication support structures shall be designed, structurally, electrically and, in all respects, to accommodate both the applicant’s attached wireless telecommunication facility and comparable attached wireless telecommunication facilities of additional users. Wireless telecommunication support structures must be designed to allow for future rearrangement of attached wireless telecommunication facilities upon the wireless telecommunication support structure and to accept attached wireless telecommunication facilities mounted at varying heights.

(14) Standards for approval. A proposal for a new wireless telecommunication support structure shall not be approved unless and until it can be documented by the applicant that the telecommunication equipment planned for the proposed wireless telecommunication support structure cannot be feasibly collocated and accommodated on an existing or approved wireless telecommunication support structure or other existing structure due to one or more of the following reasons:

a. The planned equipment would exceed the structural capacity of the existing or approved wireless telecommunication support structure or building, as documented by a qualified and licensed professional engineer, and the existing or approved wireless telecommunication support structure cannot be reinforced, modified or replaced to accommodate planned or equivalent equipment at a reasonable cost.

b. The planned equipment would cause interference materially impacting the usability of other existing or planned equipment on the wireless telecommunication support structure or other existing structure as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost.

c. Existing or approved wireless telecommunication support structures and buildings within the search radius cannot accommodate the planned equipment at a height necessary for the coverage area and capacity needs to reasonably function as documented by a qualified and licensed professional engineer.

d. Other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing wireless telecommunication support structure or building.

e. For the purposes of this section, collocation shall be deemed to be feasible where all of the following are met:

1. The provider entity being considered for collocation will undertake to pay market rent or other market compensation for collocation.

2. The site on which collocation is being considered, taking into consideration reasonable modification or replacement of a facility, is able to provide structural support.

3. The location being considered is technologically reasonable, e.g., the collocation will not result in unreasonable interference given appropriate physical and other adjustment in relation to the structure, antennas and the like.

4. The height of the structure necessary for collocation will not be increased beyond a point deemed to be permissible by the township, taking into consideration the several standards contained in within this section.

(15) Nonconforming structure. If a party who owns or otherwise controls a wireless telecommunication support structure shall fail or refuse to alter a structure so as to accommodate a proposed and otherwise feasible collocation, such facility shall thereupon and thereafter be deemed to be a nonconforming structure and use, and shall not be altered, expanded or extended in any respect.

(16) Violation. If a party who owns or otherwise controls a facility shall fail or refuse to permit a feasible collocation, and thus requires the construction and/or use of a new wireless telecommunication support structure, the party failing or refusing to permit a feasible collocation shall be deemed to be in direct violation and contradiction of the policy, intent and purpose of this section and, consequently, such party shall take responsibility for the violation and shall be prohibited from receiving approval for a new wireless telecommunication support structure within the township for a period of five years from the date of the failure or refusal to permit the collocation.

(17) Abandonment. When a wireless telecommunications facility has not been used for 180 days or more, or six months after new technology is available that permits the operation of a wireless telecommunications facility without the requirement of a wireless telecommunication support structure, all and/or part of the wireless telecommunications facility shall be removed by the users/owners of the wireless telecommunications facility. For the purposes of this section, the removal of antennas or other equipment from the facility, or the cessation of operations (transmission and/or reception of radio signals), shall be considered as the beginning of a period of nonuse. The situation in which removal of a wireless telecommunications facility is required may be applied and limited to a portion of the facility.

a. Upon the occurrence of one or more of the events requiring removal, persons who had used the wireless telecommunications facility shall immediately apply for and secure the application for any required demolition or removal permits, and immediately proceed with and complete the demolition/removal, restoring the condition that existed prior to the construction of the wireless telecommunications facility.

b. If the required removal of the wireless telecommunications facility or a portion thereof has not been lawfully completed within 60 days of the applicable deadline, and after at least 30 days written notice, the township may enter upon the premises and remove or secure the removal of the facility or required portions thereof, with its actual costs and reasonable administrative charges to be drawn or collected from the security posted at the time application was made for establishing the wireless telecommunications facility.

(18) Electromagnetic fields. Wireless telecommunication facilities shall comply with applicable federal and state standards relative to electromagnetic fields.

(Ord. No. 147-43, § 2.311, 12-15-2003)

40-740—40-761. Reserved.

State Law reference—Planned unit development, MCL 125.3503.

State Law reference— Mobile home commission act, MCL 125.2301 et seq.