R-1-R Rural residential.
R-1-S Suburban residential.
R-1 Single-family residential.
R-2 Multiple-family residential.
R-3 Mobile home park.
RO-1 Restricted office.
C-1 Local business.
C-2 Planned shopping center.
REC Recreation.
E Proving ground.
M-1 Light industrial.
M-2 General industrial.
M-3 Extractive industrial.

(Ord. No. 101, § 3.01, 3-23-71)
Sec. 19-32. Map.
The boundaries of the zoning districts are shown upon the map attached hereto and made a part of this chapter, which map is designated as the "Official Zoning Map of the Township of Milford." The zoning map shall be maintained and kept on file with the township clerk, and all notations, references, and other information shown thereon are a part of this chapter and have the same force and effect as if the zoning map and all such notations, references and other information shown thereon were fully set forth or described herein.
(Ord. No. 101, § 3.02, 3-23-71)
Sec. 19-33. Interpretation of district boundaries.
(a) Except where reference on the official zoning map to a street or other designated line by the dimensions shown on such map, the district boundary lines follow lot lines or the centerlines of the streets, alleys, railroads or such lines extended and the corporate limits of the township as they existed at the time of the adoption of this chapter.
(b) Where a district boundary line, as established in this section or as shown on the map, divides a lot which was in a single ownership and of record at the time of enactment of this chapter, the use authorized thereon and the other district requirements applying to the least restricted portion of such lot, under this chapter, shall be considered as extending to the entire lot, provided that the more restricted portion of such lot is entirely within 25 feet of such dividing district boundary line. The use so extended shall be deemed to be conforming.
(c) Questions concerning the exact location of district boundary lines shall be determined by the board of appeals after recommendation from the planning commission, according to rules and regulations which may be adopted by it.
(Ord. No. 101, § 3.03, 3-23-71)
Secs. 19-34--19-55. Reserved.
ARTICLE III. GENERAL PROVISIONS
Sec. 19-56. Conflicting regulations.
Whenever any provision of this chapter imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or chapter, the provisions of this chapter shall govern.
(Ord. No. 101, § 4.01, 3-23-71)
Sec. 19-57. Scope.
No building or structure, or part thereof, shall hereinafter be erected, constructed, reconstructed or altered and maintained, and no new use or change shall be made or maintained of any building, structure or land, or part thereof, except in conformity with the provisions of the chapter.
(Ord. No. 101, § 4.02, 3-23-71)
Sec. 19-58. Street, alley, railroad rights-of-way.
All street, alley and railroad rights-of-way, shall be deemed to be in the same zone as the property immediately abutting upon such street, alley or railroad rights-of-way. Where the centerline of a street or alley serves as a district boundary, the zoning of such street or alley, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.
(Ord. No. 101, § 4.03, 3-23-71)
Sec. 19-59. Permitted area and placement.
(a) All such dwellings must be permanently attached to a perimeter foundation approved by the township building official. Such foundations shall extend a minimum of 42 inches below the adjacent ground level for frost protection.
(b) In no instance shall any dwelling transported to the building site on its own wheels, flatbed or other trailer be installed with the wheels on. Before any such dwelling is so transported to any site within the township, pictures, renderings and/or drawings shall be furnished by the owner of the structure to the building official for the township for review as set forth in this chapter. Should such pictures, renderings and/or drawings be unavailable, actual costs shall be paid by the owner of such structure for the travel expenses of the township building official to view the structure prior to its arrival within the township.
In addition, no dwelling shall be moved into the township without conformance to section 19-72 and no dwelling so moved into the township shall be permanently located with any exposed towing mechanism, undercarriage or chassis.
(c) All dwellings shall be permanently connected to a source of potable water, either public or private, which is approved by the local health department.
(d) All dwellings shall be permanently connected to a sanitary waste disposal system, either public or private, which is approved by the local health department.
(e) All dwellings shall have a minimum horizontal dimension across all front, side and rear building facades of 20 feet with the exception of minor architectural features, including but not limited to vestibules, enclosed porches and attached garages which may be less than 20 feet.
(f) All dwellings shall comply with the state construction code, as promulgated by the state construction code commission under the provisions of Act No. 230 of the Public Acts of Michigan of 1972 (MCL 125.1501 et seq., MSA 5.2949(1) et seq.), as amended.
Where a dwelling is required by law to comply with any federal or state standards or regulations for basic construction that are in conflict with the Michigan State Construction Code as outlined above, such federal or state standards or regulations shall apply.
(g) All dwellings shall contain a storage capability of ten percent of the square footage of the dwelling or 100 square feet, whichever is less.
Such storage area shall be located in a basement under the dwelling, in an attic area, in closet areas or in a separate structure of construction similar to and of equal or better quality than the principal dwelling.
(h) In order to facilitate the drainage of stormwater, all dwellings shall have either a roof overhang of not less than six inches on all sides or alternatively have window sills and roof drainage systems concentrating roof drainage at collection points along the sides of the dwelling.
(i) No dwelling shall contain an addition or rooms or other area which is not constructed with compatible quality workmanship and materials as the original structure including but not limited to permanent attachment to the principal structure and a perimeter foundation, as required in this chapter.
(j) All dwellings shall comply with all pertinent building energy and fire codes. In the case of a mobile home, all construction and all plumbing, electrical apparatus and insulation within and connected to such mobile home shall conform to the "Mobile Home Construction and Safety Standards," as promulgated by the United States Department of Housing and Urban Development, being 24 CFR 3280, and as the same may be from time to time amended.
(k) Notwithstanding any of the foregoing, no mobile home may be used or occupied as a dwelling in an R-2, multiple family residential district, except as permitted in this chapter for use as a single-family dwelling.
(l) The dwelling shall be aesthetically compatible in design and appearance with other residences in the vicinity. There shall be no less than two exterior doors with the second one being in either the rear or side of the dwelling with steps connected to such exterior door areas or to porches connected to such door areas where a difference in elevation requires the same.
The compatibility of design and appearance shall be determined in the first instance by the township building official upon review of the plans submitted for a particular dwelling subject to appeal by an aggrieved party to the zoning board of appeals within a period of 30 days from the receipt of notice of the building official's decision. Any determination of compatibility shall be based upon the standards set forth in the within definition of "dwelling unit," as well as the character, design and appearance of one or more residential dwelling located outside of mobile home parks within 2,000 feet of the subject dwelling where such area is situated within such area; or, where such area is not so developed, by the character, design and appearance of one or more residential dwellings located outside of mobile home parks throughout the township. The foregoing shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour or relief from the common or standard designed home.
(m) The foregoing standards shall apply to any mobile home located within a licensed mobile home park except to the extent required by state or federal law or otherwise specifically required in the township ordinances pertaining to such parks.
(n) For all dwelling units as set forth in the provisions of this section, in order to facilitate the inspection of basements or crawl spaces during inclement weather, or in case of a fire, undistinguishable odor, mechanical or electrical problems, a readily-accessible access opening not less than 22 inches by 30 inches shall be provided from the interior of such dwelling.
(Ord. No. A22, § 1(b), 5-26-82; Ord. No. A48, § 1(4.04), 6-15-88)
Sec. 19-60. Permitted height.
(a) No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit hereinafter established for the district, in which the building is located, except penthouses or roof structures for housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building and fire or parapet walls, skylights, towers, steeples, stage lofts, and screens, flagpoles, chimneys, smokestacks and domestic television aerials and wireless mass (other than amateur radio/citizen radio antennas), roof attached wireless communication facilities, water tanks or similar structures may be erected to exceed by more than 15 feet than height limits of the district in which it is located; nor shall such structures have a total area greater than ten percent of the roof area of the building; nor shall such structures be used for any residential purpose or any commercial or industrial purpose other than a use incidental to the main use of the building, unless that structure is a roof attached wireless communication facility.
(b) Amateur radio/citizen radio antennas shall not exceed 65 feet above grade in an R-1-R, R-1-S, R-1, R-2 and R-3 district, or more than 30 feet above the height limits of a nonresidential district in which it is located. A building permit shall be required for any antenna support structure excluding the height of any building to which the antenna support structure is attached, which exceeds 12 feet. No antenna shall protrude in any manner upon adjoining property or upon public right-of-way. Ground-mounted antenna support structures may be erected only in a rear or side yard.
(Ord. No. A51, § 2(4.05), 8-16-89; Ord. No. 156-A97b, § 1, 10-17-01)
Sec. 19-61. Lot limitations.
In single-family zoning districts, only one principal building shall be placed on a lot of record with the exception of parcels of record described and designated as "outlots" which may be so arranged or subdivided as to provide for one or more principal buildings where the land area allocated to each building is equal to or greater than the lot area required for the district and the building and land complies with all the other requirements on land subdivided according to the Plat Act, MCL 560.101 et seq., MSA 26.430(101) et seq.
(Ord. No. 101, § 4.06, 3-23-71)
Sec. 19-62. Lots, yards and open spaces.
No space which for the purpose of a building has been counted or calculated as part of a side yard, rear yard, front yard, or other open space, including required lot area per dwelling unit, required by this chapter, may by reason of change in ownership or otherwise be counted or calculated to satisfy or comply with a yard or other open space or lot area requirements for any other building.
(Ord. No. 101, § 4.07, 3-23-71)
Sec. 19-63. Porches, patios and terraces.
An open, unenclosed porch, paved patio or terrace may project into the minimum front or rear yard for a distance not to exceed ten feet.
(Ord. No. 101, § 4.08, 3-23-71)
Sec. 19-64. Projections into yards.
Architectural features, not including vertical projections, may extend or project into a required side yard not more than two inches for each one foot of width of such side yard and may extend or project into a required front yard or rear yard not more than three feet.
(Ord. No. 101, § 4.09, 3-23-71)
Sec. 19-65. Required street frontage.
Any parcel of land which is occupied by a use or building shall front its full width on, and provide direct access to a public street or private easement.
(Ord. No. 101, § 4.10, 3-23-71; Ord. No. 101A, § 1, 12-19-01)
Sec. 19-66. Appearance.
Any case where a building or accessory building in a nonresidential district is erected or placed on any parcel of land fronting upon any public street, all sides of such building or accessory building visible from a public right-of-way or private road easement serving two or more parcels shall be constructed of decorative materials such as, but not limited to, stone, face brick, aggregate panels or other types of panels when applied on a masonry wall as decoration only and having a guaranteed finish life of ten years or more. Painted masonry or masonry units shall not be deemed as complying with this section. No building shall be constructed of tarred paper, tin, corrugated iron or any form of pressed board or felt or similar material within the limits herein specified.
(Ord. No. 101, § 4.11, 3-23-71; Ord. No. 156-A94, § 1, 1-24-01)
Sec. 19-67. Dwellings in nonresidential districts.
No dwelling shall be erected in the RO-1, C-1, C-2, E, REC, M-1, M-2 or M-3 zoning districts. However, the sleeping quarters of a watchman or a caretaker may be permitted in such districts in conformance with the specific requirements of the particular district.
(Ord. No. 101, § 4.12, 3-23-71)
Sec. 19-68. Dwellings in other than main structure.
No residential structure shall be erected upon any required rear yard of a lot or upon a lot with another dwelling.
(Ord. No. 101, § 4.13, 3-23-71)
Sec. 19-69. Accessory buildings, structures, and swimming pools in residential districts.
In residentially zoned districts, accessory buildings, structures and swimming pools, except as otherwise permitted in this chapter, shall be subject to the following regulations:
(1) Where the accessory building or structure is structurally attached to a main building, it shall be subject to and must conform to all regulations of this chapter applicable to main buildings. Detached accessory buildings and structures shall not be erected in any required front yard.
(2) Detached accessory buildings, structures and swimming pools shall not be erected in any front yard, except that in an R-1-R district a detached accessory building, structure or swimming pool may be erected in a front yard subject to the following standards:
a. A main farm barn building shall be set back not less than 150 feet from front property line. (Refer also to section 19-526, footnote f).
b. For other than a main farm barn building, the setback shall be at least half the front yard setback of the main house building but not less than the minimum required front yard setback for the district wherein located.
c. Landscaping of accessory building environs is required.
(3) An accessory building, structure or swimming pool may occupy not more than 25 percent of a required rear yard, plus 40 percent of any nonrequired rear yard; provided, that in no instance shall the accessory building exceed the ground floor area of the main building. Notwithstanding the above, an accessory building in an R-1-R or R-1-S district may exceed the ground floor area of the main building on the lot if:
a. Such accessory building is customarily incidental to an existing permitted principal use in the R-1-R or R-1-S district in which located.
b. Does not exceed 2,500 square feet in ground floor area.
c. Is not located closer than 25 feet to any property line.
d. Is located behind the rear building line of the principal building on the lot.
e. Is located no closer than 100 feet from any dwelling.
(4) When an accessory building, structure or swimming pool is located on a corner lot, the side lot line which is adjacent to the side street and which is a continuation of the front lot line of the lot to its rear, said building, structure or swimming pool shall not project beyond the front yard line required on the lot in rear of such corner lot.
(5) No detached accessory building, structure or swimming pool shall be located closer than ten feet to any principal building nor shall it be located closer than three feet to any side or rear lot line, except that all accessory buildings for the keeping and raising of horses, fowl, rabbits or other small animals shall be located no closer than 100 feet to any principal building nor closer than 25 feet to any property line. For accessory buildings 121 square feet or more in floor area, minimum spacing from any side or rear lot line shall be 25 feet.
(6) No detached accessory building in a residential zoning district shall exceed permitted height allowed for residential zoning districts in 19-526, Table A.
(7) With respect to existing legal nonconforming accessory buildings in an R-1-R district as of May 17, 2000, such may be restored or structurally altered, without approval of the zoning board of appeals, provided there is no increase in existing building height or setbacks, and there is compliance with the township building code.
(Ord. No. 101, § 4.14, 3-23-71; Ord. No. A43, § 4, 11-18-87; Ord. No. A45, § 2, 12-16-87; Ord. No. 156-A65, §§ 1, 2, 12-15-93; Ord. No. 156-A68, §§ 1, 2, 8-10-94; Ord. No. 156-A80, § 1, 10-21-98; Ord. No. 156-A82, § 1, 5-17-00)
Sec. 19-70. Occupancy; temporary garages, accessory building, basement apartments prohibited.
Buildings erected after the effective date of this chapter as garages or accessory buildings shall not be occupied for dwelling purposes. No basement or cellar apartment shall be used or occupied for dwelling purposes at any time.
(Ord. No. 101, § 4.15, 3-23-71)
Sec. 19-71. Building grades.
(a) Any building requiring yard space shall be located at such an elevation that a sloping grade shall be maintained to cause the flow of surface water to run away from the walls of the building. A sloping grade beginning at the sidewalk level, shall be maintained and established from the center of the front lot line to the finished grade line at the front of the building, and also from the rear lot line to the front, both grades sloping to the front property line. However, this shall not prevent the grading of a yard space to provide sunken or terraced areas, provided proper means are constructed and maintained to prevent run-off of surface water from flowing onto the adjacent properties. Grade elevations shall be determined by using the elevation at the centerline of the road in front of the lot as the established grade or such grade determined by the township engineer or zoning administrator.
(b) When a new building is constructed on a vacant lot between two existing buildings or adjacent to an existing building, the existing established grade shall be used in determining the grade around the new building and the yard around the new building shall be graded in such a manner as to meet existing grades and not to permit run-off surface water to flow onto the adjacent property.
(c) Final grades shall be approved by the zoning administrator who may require a "Certificate of Grading and Location of Building within the Township of Milford," which has been duly completed and certified by a registered engineer or land surveyor.
(Ord. No. 101, § 4.16, 3-23-71)
Sec. 19-72. Buildings to be moved.
No permit shall be granted for the moving of buildings or structures from without or within the limits of the township to be placed on property within such limits unless the zoning administrator shall have made an inspection of the building to be moved and has found that it is structurally safe, will not adversely affect the character of existing buildings in the neighborhood of the new location and will fully comply with the building code and other codes regulating the health, safety and general welfare of the township. In addition to securing a permit, a performance bond shall be provided by the applicant desiring to move a building or structure in an amount as established by the township board. Such performance bond shall be of such amount as to permit the completion of a new foundation and other improvements to such moved building or structure in order to make it suitable for occupancy within a period of not less than six months from date of such permit.
(Ord. No. 101, § 4.17, 3-23-71)
Sec. 19-73. Excavations or holes.
The construction, maintenance or existence within the township of any unprotected, unbarricaded, open or dangerous excavations, holes, pits or wells, which constitute or are reasonably likely to constitute a danger or menace to the public health, safety or welfare, are hereby prohibited; provided, however, this section shall not prevent any excavation under a permit issued, pursuant to this chapter, where such excavations are properly protected and warning signs posted in such a manner as may be approved by the zoning administrator and provided further, that this section shall not apply to streams, natural bodies of water or to ditches, streams, reservoirs or other major bodies of water created or existing by authority of the state, the county, the township or other governmental agency.
(Ord. No. 101, § 4.18, 3-23-71)
Sec. 19-74. Restoring unsafe buildings.
Nothing in this chapter shall prevent the strengthening or restoration to a safe condition of any part of any building or structure declared unsafe by the zoning administrator, or required to comply with his lawful order.
(Ord. No. 101, § 4.19, 3-23-71)
Sec. 19-75. Construction begun prior to adoption.
Nothing in this chapter shall be deemed to require any change in the plans, construction or design use of any building upon which actual construction was lawfully begun prior to March 23, 1971 and upon which building actual construction has been diligently carried on, and provided further, that such building shall be completed within two years from March 23, 1971.
(Ord. No. 101, § 4.20, 3-23-71)
Sec. 19-76. Voting place.
The provisions of this chapter shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with a township or other public election.
(Ord. No. 101, § 4.21, 3-23-71)
Sec. 19-77. Approval of plats.
No proposed plat of a new or redesigned subdivision shall be approved by either the township board or planning commission unless the lots within such plat equal or exceed the minimum size and width requirements set forth in the various districts of this chapter, and unless such a plat fully conforms with the statutes of the state and chapter 16 as may be adopted.
(Ord. No. 101, § 4.22, 3-23-71)
Sec. 19-78. Essential services.
Essential services shall be permitted as authorized under any franchise or that which may be regulated by any law of the state or any ordinance of the township, it being the intention hereof to exempt such essential services from the application of this chapter.
(Ord. No. 101, § 4.23, 3-23-71)
Sec. 19-79. Signs.
(a) Intent. The township finds that signs and other visual outdoor advertising tends to promote commerce and are related to the health, safety, and/or general welfare of the residents of the community, and that the preservation of the existing character of the community requires regulation of signs and of other visual outdoor advertising. The township finds that failure to regulate the size, location, and construction of signs and other outdoor advertising may have an adverse effect upon the promotion of business and commerce in the township, may lead to poor identification of businesses, may have an adverse effect upon the existing aesthetic character of the township and may cause deterioration of business and residential areas of the community. Therefore, the purpose of this section and the subsections thereunder is to:
(1) Permit such signs and visual outdoor advertising as will not, by reason of their size, location, or manner of display endanger public health and/or safety, confuse or mislead traffic, or obstruct vision necessary for traffic and pedestrian safety;
(2) Regulate signs and other visual outdoor advertising in such a way as to prevent the placement of signs, and other visual outdoor advertising in a manner that will conceal or obscure other signs and other visual outdoor advertising on adjacent businesses;
(3) Keep the number of signs and sign messages at a minimum level reasonably necessary to identify a business and its products;
(4) Keep signs within a reasonable scale with respect to the buildings to which they relate;
(5) Prevent off-premise signs from conflicting with business, residential and public land uses; and
(6) Prohibit signs and other visual outdoor advertising which will have an adverse effect upon the existing aesthetic character of not only the zoning district in which they are located, but also upon the overall existing aesthetic character of the township.
(b) Definitions.The following definitions shall apply to the specific type signs. (See also Sign Types diagram.)
Accessory shall mean a sign which is accessory to the principal use of the premises such as, but not limited to, a wall sign.
Banner shall mean a sign usually consisting of a larger square or rectangular piece of cloth, netting, etc., duly inscribed and suspended in public view, as across a street, in front of a building, or from a light fixture or pole.
Canopy (awning) sign shall mean a sign that is painted on, attached to, and made an integral component of an awning or canopy that is otherwise permitted by ordinance.
Changeable copy sign shall mean a sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign for purposes of this section. A sign on which the only copy that changes is an electronic or mechanical indication of time, or temperature or stock market messages shall be considered a "time/weather/stock market" portion of a sign and not a changeable copy sign for purposes of this section.
Construction sign shall mean temporary signs identifying active or pending development projects constructed or installed in accordance with the requirements in subsection 19-79(j).
Decorative display shall mean a temporary display designated for the entertainment or cultural enrichment of the public and having no direct or indirect sales or advertising.
Directory sign shall mean an off-premises ground sign listing only the name(s) of tenants or occupants of a building, group of buildings, and/or business district, their professions or business activities, and their direction or location.
Freestanding sign shall mean a sign attached to a permanent foundation, supported above the ground not less than five feet, as measured from grade to the bottom of the sign by one or more poles, posts, or similar uprights with or without braces, upon which announcements, declarations, displays, etc., may be placed.
Inflatable sign shall mean a sign consisting of a balloon or other gas filled figure.
Monument sign shall mean a sign extending upward from grade which is attached to a permanent foundation for a distance not less than 50 percent of its length, and which may be attached or dependent for support from any pole, posts, or similar uprights provided such supports are concealed within the sign structure.
Marquee sign shall mean a sign attached to or hung from a marquee, canopy, or other structure projecting from and supported by the building and extending beyond the building wall.
Nonaccessory shall mean any sign which contains a message unrelated to or not advertising a business transacted or goods sold or produced on the premises on which the sign is located; also called a remote sign, billboard, or off-premise sign.
Political sign shall mean a sign, typically temporary in nature, which promotes political parties, candidates, or proposals.
Portable sign shall mean any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; sign converted to a- or t-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.
Projecting sign shall mean a sign which is affixed to any building or structure other than a marquee, and any part of which extends beyond the building wall and the horizontal sign surface is not parallel to the building wall.
Residential development sign shall mean a sign identifying the name of a subdivision, condominium complex, or other residential development.
Roof sign shall mean a sign which is erected, constructed, and maintained above any portion of the roof or exterior wall of a building or structure.
Sign shall mean any announcement, declaration, display, billboard, illustration, or insignia when designed and placed so as to attract general public attention and convey a message and may include the use of any words, numerals, figures, devices, designs, or trademarks by which anything is made known and visible to the general public such as are used to show an individual firm, profession, business, or business location, and also any banner, bulbs, or other lighting devices, streamer, pennant, balloon, propeller, flag (other than the official flag of any nation or state) and any similar device of any type or kind whether bearing lettering or not.
Temporary construction sign shall mean a sign identifying the names of the project developers, contractors, engineers, architects, and financial institutions, along with the project name and its features, which is located on a site being developed or improved.
Temporary sign shall mean a sign, or other advertising device constructed of cloth, canvas, fabric, plastic, or other light temporary material, with or without a structural frame, or any other sign, intended for a limited period of display such as, but not limited to, banners or portable signs.
Wall sign shall mean a sign which is attached directly to a building wall with the horizontal sign surface parallel to the building wall, including signs painted on any building wall.
Window sign shall mean a sign painted on or affixed to glass surfaces of windows or doors and pertaining to and identifying only the lawful business conducted therein, or the products or services offered on site.
(c) Scope of application. All signs erected or located in any zoning district shall comply with the following regulations; however, the following signs shall not be included in the application of the regulations contained herein:
(1) Signs not exceeding one square foot in area and bearing only property numbers, post box numbers, names of occupants of premises, or other identification of premises not having commercial connotations. Numbering of buildings shall conform to the requirements of section 4-84 of this Code.
(2) Flags and insignia of any government except when displayed in connection with commercial promotion.
(3) Legal notices or identification, informational or directional signs erected or required by governmental bodies.
(4) Integral decorative or architectural features of buildings, including ornamental banners used at a private residence, except letters, trademarks, moving parts or moving lights.
(5) Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.
(6) Yard sale signs; provided that no person shall attach in any way posters, notices or advertisements to utility poles, meter posts, or trees in or along any street right-of-way within the township; and that no person shall put up any notice upon any building, wall or fence or other property of another person without having first obtained the consent of the owner of such property. The maximum time limit for all yard sale signs is three consecutive days within six calendar months.
(7) Gasoline price signs; provided the total sign area is less than 12 square feet.
(8) At gasoline stations, corporate identification signs of less than ten square feet for each side of the canopy, attached directly to a canopy providing coverage to pump islands.
(9) Signs painted on, or affixed to, glass surfaces of windows or doors and pertaining to and identifying only the lawful business conducted therein, not exceeding two square feet in area.
(10) Wall murals and similar graphics containing no direct advertisement, subject to the review and approval of the planning commission.
(11) All incandescent light sources shall be shielded from view of a residential property.
(d) Prohibited signs.
(1) Marquee, projecting or roof signs.
(2) Permanent exterior banners, pennants, spinners, and streamers.
(3) Exterior string lights used in the connection with commercial premise, other than holiday decorations.
(4) Any sign which is structurally or electrically unsafe.
(5) Signs painted directly on structures or signs painted on, attached, or affixed to any tree, rock, or similar organic or inorganic natural matter.
(6) Freestanding signs, except as may be provided by subsection (i)(4)a. below.
(7) Nonaccessory signs, except as provided under temporary signs in subsection (j) below.
(8) There shall be no flashing, oscillating, intermittent or running circulatory lights on any sign in the township, except that time/weather/stock market signs may be permitted provided the frequency of the message change shall be not less than every ten seconds, the illumination of the sign shall be no brighter than one footcandle measured four feet from the sign, and the area displaying time/weather/stock market messages is included within the maximum sign area permitted on site. (See also definition of changeable copy sign.)
(9) There shall be no red, blue or green illumination on any sign located in the same line of vision as a traffic control system, no interference with vision clearance along any highway, street or road or at any intersection of two or more streets. No sign shall be so located, directed, [or] constructed as to be a hazard to pedestrians or vehicular traffic safety as determined by the county sheriff or township building official.
(e) General conditions. Except as otherwise provided, the following conditions shall apply in all districts:
(1) A building permit shall be required for the erection, construction or alteration of any sign, except as herein provided, and each such sign shall be approved by the township building official as to its conforming to the requirements of the zoning district wherein such sign is to be located and the requirements of this section.
(2) No sign, except those placed and maintained by the township, county or state shall be located in, overhang or encroach upon any public right-of-way.
(3) Historical marker signs of a recognized township, state, county or federal historical preservation agency are permitted in any zoning district provided they do not exceed ten square feet in area on each side, seven feet in height, and provide a minimum ten-foot setback from any property line. Signs may be freestanding signs or placed on a wall face.
(4) Illumination of signs shall be in accordance with the following standards:
a. In no case shall any sign exceed a lighting level of eight hundredths (0.08) footcandles and a luminous brightness of 2,400 foot lamberts, when measured at the property line. For purposes of this section, foot lambert shall be defined as the average "brightness" of any surface emitting or reflecting one lumen per square foot.
b. No glare or direct view of the light source (lamp) shall be observed from any adjacent property or roadway.
c. Signs in residential districts shall not be internally illuminated; instead, such lighting may only be provided by a projecting light source which is shielded to reduce glare and so arranged to reflect lights away from neighboring residences. In addition, all illuminated signs shall be located not less than 100 feet from an abutting residentially zoned property.
(5) All site plans submitted in accordance with section 19-84 shall identify the location(s), height, type, and size of all existing and proposed signs.
(6) Signs shall contain no wording, symbol, figure, or similar form expressing obscene, immoral, pornographic, or otherwise offensive and objectionable reference.
(7) Any sign, which is placed in a manner to attract the attention of the general public outside of the building, whether the sign is located inside of the building or installed on the exterior of the building is to be considered a wall sign/window sign and shall comply to all applicable sections of the zoning ordinance.
(f) Methodology for calculating sign area and height.
(1) Sign area. The area of sign shall be computed as including the entire area within a regular geometric form or combination of such forms suitable as the display area of the sign and including all of the elements of the matter displayed. An area so created shall include all solid surfaces including cladding, as well as all openings. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except that where two such faces are placed back-to-back, parallel to one another, and less than 24 inches apart, the area of the sign shall be the area of one face. Where a sign has two or more faces, that portion of the sign structure connecting the sign faces shall not be used for display purposes. (Refer also to sign types area calculations diagram below.) For purposes of this section, sign surface area and signage shall have the same meaning.
(2) Sign height. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the existing grade prior to construction; or, the newly established grade after construction, both exclusive of or not credited toward any filling, berming, mounding, or excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the zoning lot, whichever is lower.
(g) Maximum total allowable sign surface area, sign height and sign placement restrictions. Unless otherwise provided in this section, the total surface area devoted to all signs on any lot shall not exceed the limitations set forth in this section, and all signs except temporary signs, shall be included in this calculation.
(1) The maximum total allowable signage permitted on any single-family residential lot or parcel shall be two square feet.
(2) The maximum total allowable signage allowed, and sign height above grade, shall not exceed the amounts specified in the table below.
GRAPHIC LINK: Max. Total Allowable Sign Area
(3) If a lot has frontage on more than one major thoroughfare, then the maximum total allowable signage permitted on that lot shall be the sum of the sign surface area allotments related to each street on which the lot has frontage. However, the maximum allowable total signage that is oriented toward a particular street may not exceed the portion of the lot's maximum total allowable sign surface area allocation that is derived from frontage on the street.
(4) Whenever a lot is situated such that it has no street frontage on any lot boundary and an applicant desires to install on such a lot a sign that is oriented toward a street, then the maximum total allowable signage permitted on that lot shall be the sign surface area that would be allowed if the lot boundary closest to the street toward which such sign is to be oriented fronted on such street. The applicant shall be restricted to using only one street and the closest lot boundary to this street for determining the maximum total allowable signage permitted. However, the applicant shall be given the opportunity to determine the one street used in the calculations.
(5) The sign surface area of any sign located on a wall of a structure may not exceed 20 percent of the total surface area of the wall on which the sign is located.
(6) Except as may otherwise be provided herein, freestanding and monument signs shall be setback a minimum of ten feet back of the property line, except that such signs shall not be located closer than a distance equal to its height to an abutting residential district.
(7) No sign may extend above any parapet or be placed upon any roof surface, except that for purposes of this section, roof surfaces constructed at an angle of 75 degrees or more from horizontal shall be regarded as wall space.
(8) No sign attached to a building may project more than 14 inches from the building wall.
(9) Monument signs shall not exceed a height of ten feet and shall be subject to height and setback limitations imposed by the following diagram.
GRAPHIC LINK: Monument Sign Height Limitations
(h) Permitted signs in residential districts and the REC district. Signs are allowed in the R-1, R-1-R, R-1-S, R-2, R-3 and REC districts subject to the following:
(1) One unlighted sign announcing a home occupation, or professional service, not-to-exceed two square feet in area shall be permitted. The sign shall be attached flat against the front wall of the building, or placed immediately adjacent to the main driveway serving the site.
(2) Residential development signs indicating only the name of the development and the management/developer thereof, shall be permitted, subject to the following:
a. The residential development signs shall be monument signs.
b. There shall not be more than one residential development signs for each major point of vehicular access to a development.
c. Residential development signs shall not exceed 32 square feet in gross surface area.
d. Residential development signs may be located in any required yard but shall not extend over any lot line or within 15 feet of any point of vehicular access from a zoning lot to a public roadway or private easement. The location and arrangement of all residential development signs shall be subject to the review and approval of the building official.
e. Residential development signs shall not project higher than eight feet.
f. Residential development signs may be located within a public right-of-way of a local or collector residential street provided it is sited within a landscaped entryway island and located no closer than five (5) feet to the right-of-way of the intersecting street.
(3) Two signs consisting of a combination of wall, and/or monument signs (or freestanding sign if approval under subsection (i)(4)a. below) identifying a park, school, farms, church, public building, and any other authorized use shall be permitted subject to the following:
a. Each sign shall not exceed 24 square feet in area, except that on sites of 40 acres or more, signs up to 50 square feet shall be allowed.
b. Freestanding or monument signs shall not exceed five feet in height, and placed no closer to the street right-of-way line than one-third the minimum authorized front yard depth.
(4) One unlighted sign announcing a bed and breakfast establishment or similar use not-to-exceed two square feet in area shall be permitted. The sign shall be attached flat against the front wall of the building.
(5) Scoreboard(s) or nonaccessory signs made an integral part of a recreational building or athletic field shall be allowed, provided that such signs do not exceed a maximum area of 100 square feet.
(6) In the R-2 district, one monument sign indicating the name of the multiple-family development shall be allowed. It shall not exceed eight feet in height, a sign area of 32 square feet, and placed no closer than one-third the minimum authorized front yard depth.
(7) Signs in the REC district shall be allowed subject to the following:
a. One monument sign shall be permitted for each primary point of vehicular access from a public right-of-way and/or parkway street. Monument sign(s) shall not exceed a height of eight feet and 50 square feet in area per sign face. Monument signs may be located anywhere back of the property line, provided, however, that such signs shall not be placed closer than 50 feet to any residential district or another freestanding sign, or a distance equal to its height to an adjacent public right-of-way and/or parkway street, or adjacent nonresidential property.
b. One wall sign shall be permitted for each building on the building side having the primary entrance. Wall signs shall be attached to, and parallel to, the wall of the building. The maximum size of any such sign shall not exceed ten percent of the building face to which it is attached, however, in no instance shall such sign exceed 100 square feet.
c. Scoreboards or nonaccessory signs shall be permitted by right provided they are made an integral part of a recreational stadium or similar use area and do not exceed a maximum area of 100 square feet.
d. The following additional types of signs are permitted without limitation as specified in this subsection.
1. Monument signs erected to designate hours of activity or conditions of use for parks, parking lots, recreational areas, and other similar use areas provided they do not exceed 24 square feet in area per sign face.
2. Directional signs used in conjunction with trails, drives or off-street parking areas, provided any such sign does not exceed four square feet in area per sign face, is limited to traffic control functions, does not obstruct traffic vision, and does not contain any advertising copy or logo.
3. Menu boards, not exceeding 20 square feet in total area, when used in conjunction with a food service area or concession stand.
4. Signs used for public convenience identifying public restrooms, first aid stations, telephones, and similar use areas, provided they do not exceed four square feet in area per sign face.
5. Informational kiosks intended for public or semi-public use not exceeding a height of ten feet or 20 square feet in area, per sign face.
(i) Permitted signs in the nonresidential districts. Signs are allowed in the RO-1, C-1, C-2, M-1, M-2 and M-3 districts subject to the following conditions:
(1) Number of signs permitted. Except as may be otherwise specified herein, there shall not be more than two signs allowed for any one business establishment or composite of businesses under single ownership or control with frontage on a single public street or dedicated easement or three signs allowed for any one business or composite of businesses under single ownership or control with frontage on more than one public street or dedicated easement.
(2) Wall signs.
a. Flat wall signs shall be attached to, and be parallel to, the wall of the building to which they are attached and may not be painted or otherwise imprinted directly upon any building wall.
b. Wall signs shall be limited in number to one wall sign for each business having an individual means of customer access. The maximum size of any such sign shall not exceed 20 percent of the applicable building face area to which it is attached provided, however, that no such individual sign shall exceed 100 square feet in area.
c. In the instance of several tenants utilizing a common public entranceway, such as in the case of a shopping mall or multi-story office building, a common wall sign not exceeding 20 percent of the building face to which it is attached shall be permitted. Only one such sign per side of building having an individual means of customer access shall be permitted.
(3) Canopy signs.
a. Canopy signs may be installed in lieu of wall signs provided the canopy structure, to which they are a part, do not extend into a public right-of-way or encroach over abutting property lines.
b. The maximum size of any canopy sign shall not exceed 20 percent of the building facade to which they are pertinent, however, no such sign shall exceed 100 square feet in area.
c. Any such canopy structure shall not be less than two feet from any vehicular parking space or maneuvering lane.
d. A minimum underclearance of seven feet shall be maintained above the sidewalk by all canopy structures.
e. Canopies hereafter erected shall, whenever practicable, match the established underclearance height and projection of canopies which exist on abutting parcels and/or businesses.
f. Only the copy area of the canopy should be identified as sign area used for calculation purposes.
(4) Monument signs.
a. Except as authorized by this subsection, no development may have more than one monument sign; however, a freestanding sign may be approved in its place by the planning commission only when consistent with the intended use of the property and upon an affirmative finding of facts that monument sign(s) will not provide adequate identification of the premises owing to restricted sight visibility caused by area topographic conditions, the desire to preserve plant materials on site, the juxtaposition of existing signs and/or buildings in the vicinity, or roadway geometrics.
b. If a development is located on a corner lot that has at least 100 feet of frontage on each of the two intersecting public streets and/or dedicated easements, then the development may have not more than one monument sign or freestanding sign if approved under subsection (4)a. above, along each side of the development bordered by such streets or easements.
c. If a development is located on a lot that is bordered by two public streets and/or dedicated easements that do not intersect at the lot's boundaries (double frontage lot), then the development may have not more than one monument sign or freestanding sign if approved under subsection (4)a. above, on each side of the development bordered by such streets or easements.
d. The maximum sign area allowed for freestanding sign(s) if approved under subsection (4)a. above, shall be 50 square feet, except that a maximum sign area of up to 100 square feet shall be permitted for planned shopping centers containing a gross floor area of not less than 50,000 square feet. In addition, the area of a monument sign may be increased in size by 20 percent over that allowed for freestanding signs as an incentive to reduce overhead visual clutter and to improve site aesthetics on township business properties.
e. Notwithstanding the above limitations, the planning commission may permit additional monument signs or freestanding signs when approved under subsection (4)a. above, which shall be found to meet the following conditions:
1. That the sign shall be related and reasonably necessary or convenient for the satisfactory and efficient operation of a complete and integrated planned shopping center;
2. That the sign shall be of such character, size and location as not to adversely affect vehicular or pedestrian traffic; and
3. That the sign shall be of such character and design as to uphold and enhance the character of the planned shopping center district and its peculiar suitability for particular uses and to conserve property values.
(5) Window signs and changeable copy signs.
a. Additional window signs shall be permitted in the C-1 or C-2 districts provided they do not, in combination with any wall signs which may also be used, exceed 20 percent of the building face area to which they are a part, and do not exceed 50 percent of the window surface area to which they are attached. In addition, windows providing interior views to passersby shall maintain such views equal to not less than 50 percent of horizontal straight line measurement of the total window width.
b. A changeable copy sign shall be allowed in the C-1 and C-2 districts in addition to the conditions of this subsection provided the ownership identification or advertising copy does not exceed ten percent of the total sign area and further provided that the total sign area does not exceed 32 square feet.
(j) Temporary signs.
(1) Special decorative displays or signs used for holidays, public demonstrations or promotion of civic welfare or charitable purposes when authorized by the township building official. In evaluating such a petition, the township building official shall consider the following standards:
a. The size, character, and nature of the display or sign shall consider the proposed site of display for proper scale and relationship with the site and adjoining properties.
b. The duration of the time period during which the display or sign will be utilized shall coincide with the purposes for which it was approved.
c. The arrangements made for the removal of the sign or display after the termination of the event.
d. The effect of the proposed sign or display on light and air circulation for lots which are both adjoining and in the surrounding neighborhood of the proposed sign or display.
e. Whether or not the sign or display will constitute a traffic hazard.
(2) Temporary signs for up to four special events per year such as grand openings, fairs and festivals, and announcements of new products, service, or management shall be permitted subject to the following:
a. Nonilluminated portable signs shall be permitted subject to the following:
1. They do not exceed 40 square feet in area on any side.
2. They are not located closer than ten feet to a public right-of-way.
3. No portable sign shall exceed ten feet in height.
4. No portable sign shall be located in such a manner as to interfere with vehicular or pedestrian traffic flow or visibility.
5. Only one portable sign per lot shall be permitted.
b. Search lights, twirling signs, sandwich board signs, sidewalk or curb signs, or inflatable signs are permitted, provided they are located only in an office, business or industrial district, or a residential development site containing more than 20 acres.
c. Banners, pennants, spinners, or streamers are permitted provided they are located only in an office, business, or industrial district.
d. Special event signage shall be limited to not more than 14 days per event.
(3) Temporary construction signs identifying construction projects to occur or occurring, subject to the following:
a. There shall not be more than one temporary on-site construction sign for each project or development, except that where a project or development abuts two or more streets, additional such signs, one oriented to each abutting street, shall be permitted.
b. Not more than two temporary off-site construction signs for each project or development are permitted.
c. On-site temporary construction signs shall not exceed 64 square feet. Off-site temporary construction signs shall not exceed 24 square feet.
d. Temporary construction signs may be located in any required yard but shall not extend over any lot line or within 15 feet of any point of vehicular access or public roadway.
e. Temporary construction signs shall not project higher than 15 feet.
f. Temporary construction signs shall be permitted only as accessory to an approved project or development. Temporary construction signs may be erected and maintained for not more than a six-month period and shall be removed within 14 days of the termination of construction of the project or development, except that the planning commission may at its discretion, upon application by the owner and for cause shown, provide extensions, each no longer than six months in duration.
g. The site where off-site construction signs are installed shall not contain such signs which exceed a ratio of one off-site construction sign per acre of land. In addition, such signs shall be located not less than 100 feet apart from each other or from any other sign on the same premises or adjoining property.
(4) Political signs promoting political parties, candidates, or proposals shall be permitted within any zoning district for a maximum posting period of 120 days within any one calendar year. Signs in residentially zoned areas shall not exceed 32 square feet in total for all signs so provided on each zoning lot.
(5) Real estate signs shall be permitted subject to the following:
a. In areas principally zoned for single-family residential use, there shall be not more than one sign not more than six square feet in area per parcel or lot (developed or undeveloped) and such sign shall not require a permit.
b. In areas principally zoned for other than single-family residential use, there shall be not more than one sign not more than 32 square feet in area. The sign must be located on the property which is offered for sale, rent, or lease. The sign may be a wall or ground sign.
c. Real estate signs shall be removed immediately after the property is sold, rented, or leased. Modifications of the sign by placing a "sold," "rented," or "leased" sticker or similar exhibit indicating the property is no longer for sale, rent, or lease is prohibited. For purposes of this section, a property shall be considered sold, rented, or leased when a purchase agreement or similar document which limits the availability of the property has been executed by all parties in interest.
(k) Nonconforming signs. Any sign which was of record on the effective date of the ordinance from which this section derives (September 19, 2001) that could not be established under the terms of this section may be continued so long as it remains otherwise lawful. Nonconforming signs, however, shall not:
(1) Be re-established after the activity, business, or use to which it relates has been discontinued for 90 days or longer.
(2) Be structurally altered so as to prolong the life of the sign or so as to change the shape, size, type, or design of the sign. This shall not preclude the general maintenance and repair of nonconforming signs to keep them in a safe condition and in good repair.
(3) Be re-established after damage or destruction, if the estimated expense of reconstruction exceeds 50 percent of the replacement cost as determined by the township building official. If a nonconforming sign advertises a business, service, commodity, accommodation, attraction, or other enterprise or activity that is no longer operating or being offered or conducted at that site for a period of 14 days, that sign shall be considered abandoned and shall be removed within 30 days after such abandonment by the sign owner, owner of the property where the sign is located, or other party having control over such sign. In case of a violation of this section, the sign owner, owner of the property, and any other party having control over such sign may be prosecuted.
(Ord. No. 101, § 4.24, 3-23-71; Ord. No. A27, § 2(4.24(b)), 5-16-84; Ord. No. 156-A73, §§ 4--11, 3-20-96; Ord. No. 156-A96, § 1, 9-19-01)
Sec. 19-80. Fences, walls and other protective barriers.
All fences of any type or description shall conform to the following regulations:
(1) The erection, construction or alteration of any fence, wall or other type of protective barrier shall be approved by the zoning administrator as to their conforming to the requirements of the zoning districts wherein they are required because of land use development, and the requirements of this section.
(2) Fences which are not specifically required under the regulations for the individual zoning districts shall conform to the following requirements:
a. No fence shall hereafter be erected along the line dividing lots or parcels of land or located within any required side or rear yard in excess of six feet or less than three feet in height above the grade of the surrounding land.
b. No fence shall hereafter be located in front yard, that being the area between the building front facade and the abutting road right-of-way or easement, except as noted below.
All fences shall be of an ornamental nature with the finished side facing the nearest boundary of adjacent property, street or road. Barbed wire, spikes, nails or any other sharp point or instrument of any kind on top or on the sides of any fence, or electric current or charge in such fences is prohibited, except in an R-1-R district. Barbed wire cradles may be placed on top of fences enclosing public utility buildings and such fences may exceed six feet in height and be located in a front yard wherever deemed necessary in the interests of public safety, provided that shrubs or evergreens are planted which will eventually screen such barbed wire cradles.
Where security fencing is desired around property in M-1, M-2 and M-3 districts other than in the front yard, same shall [be] located on the inside of any required berm at a maximum height of eight feet.
(3) No fence, wall, structure, tree or planting shall be erected, established or maintained on any corner lot which will obstruct the view of a driver of a vehicle approaching the intersection. Such unobstructed corner shall mean a triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street lines or in the case of a rounded property corner from the intersection of the street property lines extended. This shall not prohibit the establishment of shrubbery of not more than 18 inches at mature height. (See diagram A-A [at the end of this article])
(Ord. No. 101, § 4.25, 3-23-71; Ord. No. A18, § 2, 8-20-80; Ord. No. 156-A71, § 2, 4-19-95; Ord. No. 156-A79, § 1, 9-16-98)
Sec. 19-81. Filling operations.
It shall be unlawful for any person to use land for filling with materials of any kind without approval of the township board and subject to requirements as may be appropriate.
(Ord. No. 101, § 4.26, 3-23-71)
Sec. 19-82. Outdoor storage in residential and nonresidential districts.
The outdoor storage or parking of recreational vehicles, such as an airplane, antique or racing automobile, boat, float, raft, trailer, camping or travel trailer, motorized home, demountable travel equipment of the type adaptable to light duty trucks or other equipment or vehicles of similar nature, and certain types of motorized vehicles as specified below or commercial vehicles, such as trucks and/or tractor trailers, shall be regulated as follows:
(1) For a period greater than 48 hours in any two-week period in all residential districts, except where expressly permitted by other provisions of this chapter or other ordinances, the above outside storage shall be prohibited, unless the following minimum conditions are met:
a. All such vehicles or equipment shall be placed within a completely enclosed building or located behind the front face of the principal building, but not closer than three feet to any side or rear lot line.
b. Nonenclosed storage or parking shall be limited to a lot or parcel of land upon which is located an inhabited dwelling unit and the vehicle or equipment is owned by the occupant.
c. Travel trailers and other vehicles or equipment intended or adaptable for sleeping purposes shall remain unoccupied and shall not be connected to sanitary sewer facilities, or have a fixed connection to electricity, water or gas.
(2) A resident of a dwelling unit or residential property owner may not have nor authorize more than one motorized vehicle for sale on the site of such dwelling unit or property at anytime.
(3) A resident of a dwelling unit may not store or retain vehicles on such property for purposes of making repairs for profit.
(4) A resident shall not park, nor permit to be parked, commercial road service vehicles and commercial vehicles having a gross vehicle weight rating of 10,000 pounds or more except under at least one of the following conditions:
a. The equipment or vehicles are licensed or intended for farm, nursery, sod farming or like purposes or such property located in applicably zoned areas.
b. No more than one such commercial truck or vans parked on each residential property.
c. Such vehicle is parked behind the rear building line, duly licensed and owned by the resident of the lot, provided there is a minimum of three acres.
d. An exception has been granted by special approval of the township zoning official, unless an appeal has been filed within ten working days and has been granted by the township board, based upon hardship, concurrence of the majority of residents of properties immediately surrounding that of the residence in question and/or the placement of such commercial vehicle will not be inconsistent with or deleterious to the area.
e. Where such vehicles are parked for clear purpose of repairs or construction on the site.
(5) In nonresidentially zoned areas, automobiles and commercial vehicles may be parked in approved off-street and loading areas provided they have a current license and are in operable condition. Parking (storage) of commercial vehicles, e.g., tractor and/or trailer, or a semitruck trailer used or modified to be used as a building for the purpose of the shelter of persons or animals and/or the sale or storage of merchandise or equipment is prohibited, except whereon construction activity is clearly evident.
(Ord. No. A55, § 2(4.27), 12-20-89)
Sec. 19-83. Automobile service stations and public garages.
No automobile service station existing on the effective date of this chapter shall be structurally altered so as to provide a lesser degree of conformity with the provisions of this section than existed on the effective date of this chapter.
(1) An automobile service station shall be located on a lot having a frontage along the principal street of not less than 100 feet, and having a minimum area of not less than 15,000 square feet as measured from proposed rights-of-way of roads and shall be located at least 500 feet from an entrance or exit to the property on which is located a public library, a public or private school, playground, playfield, park, church or hospital.
(2) An automobile service station building housing an office and/or facilities for servicing, greasing and/or washing motor vehicles shall be located not less than 40 feet from any street lot line, and not less than 25 feet from any side or rear lot line adjoining a residentially zoned district.
(3) All driveways providing ingress to or egress from an automobile service station shall be not more than 30 feet wide at the property line. No more than one curb opening shall be permitted for each 50 feet of frontage or major fraction thereof along any street. No driveway or curb opening shall be located nearer than 20 feet to any intersecting street rights-of-way, or adjacent to residential property. No driveway shall be located nearer than 30 feet, as measured along the property line, to any other driveway giving access to or from the same automobile service station.
(4) A raised curb six inches in height shall be erected along all street lot lines, except for driveway openings.
(5) The entire lot, excluding the area occupied by a building, shall be hardsurfaced with concrete or a plant-mixed bituminous material except desirable landscaped areas which shall be separated from all paved areas by a low barrier or curb.
(6) All lubrication equipment, motor vehicle washing equipment, hydraulic hoists and pits shall be enclosed entirely within a building. All gasoline pumps shall be located not less than 15 feet from any lot line, and shall be arranged so that motor vehicles shall not be supplied with gasoline or serviced while parked upon or overhanging any public sidewalk, street or right-of-way.
(7) Where an automobile service station adjoins property located in any residential district, a solid masonry wall five feet in height shall be erected and maintained along the interior line, or if separated from the residential zone by an alley, then along the alley lot line. In addition, all outside trash areas of used tires, auto parts and other items shall be enclosed by the five-foot masonry wall. All masonry walls shall be protected by a fixed curb or barrier to prevent vehicles from contacting the wall. Walls may be gradually reduced in height (e.g., stepped down) within 25 feet of any street right-of-way.
(8) All exterior lighting, including illuminated signs, shall be erected and hooded or shielded so as to be deflected away from adjacent property.
(9) Outdoor storage or parking of wrecked or partially dismantled vehicles shall be prohibited for a period greater than ten days.
(10) There may be no more than one freestanding sign per street frontage, not exceeding 150 square feet in area, which shall display only the name of the user or occupant of the premises.
(Ord. No. 101, § 4.28, 3-23-71)
Sec. 19-84. Processing requirements for site plan review.
Prior to erection of any building or structure in any zoning district in the township, other than single-family detached residences and accessory buildings, structures, and uses thereto, the following site plan review procedures shall be complied with:
(1) The owner or owners of subject property shall submit an application in 22 copies for site plan review to the planning commission accompanied by the following information, maps and plans as deemed necessary by the planning commission.
a. A legal description of the property under consideration.
b. A map indicating the gross land area of the development, the present zoning classification thereof, and the zoning classification and land use of the area surrounding the proposed development.
c. A fully dimensioned map of the land showing topographic information at a contour interval of two feet or less.
d. A vicinity map showing the location of the area in relation to surrounding properties, streets, freeways, schools, school sites and other significant features of the community where appropriate.
e. A general development plan with at least the following details shown to scale and dimensioned:
1. Location of each existing and each proposed structure in the development area, the use or uses to be contained therein, the number of stories, gross building areas, distances between building and lot lines, setback lines and approximate location of entrances and loading points.
2. The location and design of all lots to be subdivided and the approximate dimensions of all lot lines.
3. All streets, driveways, service aisles and parking areas, including general layout and design of parking lot spaces.
4. All pedestrian walks, malls and open areas for parks, recreation and light and air to be dedicated to the public or to be retained by an acceptable property owners' association.
5. Location and height of all fences and screen planting, including a general plan for the landscaping of the development and the method by which landscaping is to be accomplished and be maintained together with a brief narrative description of the landscaping concept. Refer to section 19-85.
6. Architectural sketches, at an appropriate scale, showing building heights, elevations, and other features of the development.
7. Types of surfacing, such as paving, turfing or gravel to be used at the various locations.
f. Preliminary site engineering plans as prepared by a registered engineer or architect indicating:
1. Existing grades, water run-off drainage uses, existing utilities and easements and all other existing, pertinent site features (site survey).
2. Method of servicing project with sanitary and water systems (lines, wells, septic, structures, public or private water or sanitary systems, general description and engineering plans).
3. Proposed general grading plan and all surface or physical improvements.
4. Proposed stormwater system including overland flow arrows, lines, structures, stormwater retention/detention areas, public or private storm sewers, existing and proposed drainage courses and general effects of proposed development in adjacent lands, drainage patterns or watercourses.
g. Other information as may be reasonably required by the planning commission to base an opinion of the proposed development.
h. The planning commission may submit site plans to other local agencies or departments so that they might comment on any problems the plans might pose.
(2) Preliminary site engineering plans shall be submitted with the plan application. The township engineer shall review the engineering plans and submit comments and recommendations to the planning commission and the township board shall consider the following standards:
a. The proposed structure, or structures, shall be of such location, size and character as to be in harmony with the specific regulations, standards and the appropriate and orderly development of the zoning district in which situated and shall not be detrimental to the orderly development of adjacent zoning districts.
b. The location and size of the proposed use or uses, the nature and intensity of the principal use and all accessory uses, the site layout and its relation to streets giving access to it, shall be such that traffic to and from the use or uses, and the assembly of persons in connection therewith, will not be hazardous or inconvenient to the neighborhood nor conflict with the normal traffic of the neighborhood. In applying this standard, the planning commission shall consider, among other things, convenient routes for pedestrian traffic, particularly of children; the relationship of the proposed project to freeways and main traffic thoroughfares and to street and road intersections; and the general character and intensity of the existing and potential development of the neighborhood. In addition, where appropriate, the planning commission shall determine that noise, vibration, odor, light, glare, heat, electromagnetic or radioactive radiation, or other external effects, from any source whatsoever which is connected with the proposed use, will not have a detrimental effect upon neighboring property or the neighboring area in general.
c. The location and height of buildings, the location and nature and height of walls and fences, and the nature and extent of landscaping of the site shall be such that they will not hinder or discourage the proper development and use of adjacent land and buildings nor impair the value thereof. To the extent possible and practical, all the natural features of the property such as large trees, natural groves, water courses, groundwater and other topographic assets that will maintain the natural attractiveness and value to the property and will promote the health and welfare of the township shall be preserved.
(3) The planning commission may recommend such changes or modifications in the site plan as are needed to achieve conformity to the standards as herein specified. Upon the finding by the planning commission that all of the standards herein specified have been met to its satisfaction, it shall recommend approval of the plan to the township board subject to the modifications it may impose. Any modifications of the site plan desired by the planning commission shall be so stated to the township board. Site plan approval may be granted by the township board contingent upon the revision of said site plan by the petitioner to the satisfaction of the township board. If any part of the site plan is in conflict with any section of this chapter in terms of setbacks, parking spaces, maneuvering lanes, etc., a variance must be obtained from the zoning board of appeals prior to final site plan approval by the township board or the site plan must be amended to meet all requirements of this chapter. Three copies of the final approved site plan, with its modifications, shall be on record in the township offices. Each copy shall have the signature of the planning commission chairman and the township supervisor. If variances have been granted, the site plan shall also show the signature of the chairman of the zoning board of appeals.
a. The three copies shall be distributed, as follows:
1. One copy to the secretary of the planning commission.
2. One copy to the township clerk.
3. One copy to the township building department.
(4) After recommendation by the planning commission, the township board shall approve or disapprove the application with any additional modifications or conditions. If approval is granted by the township board, the following conditions shall apply:
a. In those instances in which platting is required by law, the owner or owners shall thereafter submit preliminary and final plats for the proposed development for approval in compliance with Act No. 288 of the Public Acts of Michigan of 1967 (MCL 560.101 et seq., MSA 26.430(101) et seq.), as may be amended, and with all ordinances and regulations pertaining to the procedures and requirements for the approval of plats except to the extent that such requirements have been waived or modified by the planning commission and township board.
b. Such plats shall be in strict conformity with the approved site plan, the conditions attached hereto, and the provisions of this chapter.
(5) Any application for site plan approval and review of the site engineering plans shall be accompanied by a fee as may be determined by the township board. Such fee may be utilized by the township board to obtain the services of one or more expert consultants qualified to advise as to whether the proposed development will conform to the applicable township ordinances, policies and standards, and for investigation and report of any objectionable elements which are of concern to the planning commission. Such consultants should report to the planning commission as promptly, as possible. After the proposed development application has been approved or disapproved by the township board, the balance of the fee which is left shall be returned to the applicant.
(6) Any site plan approval may be revoked when the construction of the development is not in conformance with the approved plans, in which case, the township board shall give the applicant notice of intention to revoke such permit at least ten days prior to review of the permit by the township board. After conclusion of such review, the township board may revoke its approval of the development if the board feels that a violation in fact exists and has not been remedied prior to such hearing.
(7) For any approved site plan, a building permit must be obtained within 12 months of the date of site plan approval or else the site plan approval shall be deemed null and void without any further action by the township, unless an extension is requested by the petitioner in writing prior to the expiration date of the site plan approval. A request may be granted by the township board for an additional 12 months after a recommendation from the planning commission. The request for extension shall be reviewed in relationship to any change in ordinance requirements, development of surrounding land uses and adjacent properties, and the extension or provision of public or private facilities and utilities (roads, sewers, etc.).
(8) Location, height and type of fixture of all outdoor lighting. Refer to section 19-104.
(9) The site plan, as approved, shall become part of the record of approval, and subsequent actions relating to this activity authorized shall be consistent with the approved site plan, unless a change conforming to the Zoning Ordinance received the mutual agreement of the landowner and the township board. The execution of a site maintenance agreement by the petitioner having such form and content as may be established by resolution of the township board, as may be amended, shall be a requirement of site plan approval to provide for the continued care and maintenance of the property and improvements thereto.
(Ord. No. A33, § 2(4.29), 10-15-86; Ord. No. A47, § 2, 3-16-88; Ord. No. 156-A73, §§ 2, 3, 3-20-96; Ord. No. 156-A87, § 1, 5-16-01)
Sec. 19-85. Landscaping.
(a) Plan requirements. All landscape plans must contain the following information:
(1) Botanical name (genus and species) and common name, including any cultivars or varieties.
(2) Size of plant material at time of installation.
(3) Quantity of plant materials.
(4) Spacing.
(5) Amount and type of mulch used.
(6) Scale, written and graphic.
(7) North arrow.
(b) Installation standards.
(1) All plant material shall meet the current standards set forth by the American Association of Nurserymen Standards.
(2) Plant materials shall be free of weeds, insects and disease.
(3) All burlap, string and wire shall be removed from the top third of the rootball. All rot-proof materials shall be completely removed from the rootball.
(4) All plants are to be guaranteed for one year from time of installation. All dead plant material must be removed and replaced.
(5) Planting details specifying four inches of mulch and staking practices for all large trees and evergreens. (See Diagram A [at the end of this article])
(c) Plant material schedule. Submitted plant materials will be evaluated on hardiness, invasive qualities, susceptibility to disease and insect damage, susceptibility to breakage and suitability to location per soil and site conditions.
The following are suggestions for species which are approvable:
(1) Evergreen trees--Those species which will reach a mature height of at least 30 feet:
a. Fir Abies
b. Spruce Picea
c. Pine Pinus
d. Hemlock Tsuga
e. Douglasfir Pseudotsuga
(2) Narrow evergreen trees--Those species which will meet a mature height of at least ten feet, and its width will remain less than one-half of its height:
a. Cedar Juniperus virginiana
b. Arborvitae Thuja
(3) Large deciduous trees--Those trees which have mature height to of at least 30 feet:
a. Oak Quercus
b. Maple Acer (hard varieties, including Red)
c. Beech Fagus
d. Linden Tilia
e. Ash Fraxinus
f. Ginkgo Ginkgo (male only)
g. Honeylocust Gleditsia (seedless and thornless varieties)
(4) Small deciduous trees--Those trees which have a mature height of no more than 30 feet:
a. Kousa Dogwood Cornus kousa
b. Hawthorn Crataegus
c. Magnolia Magnolia
d. Hornbeam Carpinus
(5) Large shrubs--Those shrubs which reach a mature height of at least six feet:
a. Deciduous:
1. Lilac Syringa
2. Sumac Rhus
3. Dogwood Cornus (shrub forms)
4. Viburnum Viburnum
5. Burning Bush Euonymous alatus
b. Evergreen:
1. Hicks Yew Taxus x media `Hicksii'
2. Mugo Pine Pinus mugo
3. Large Junipers Juniperus
(6) Small shrubs--Those shrubs which reach a mature height of no more than six feet:
a. Deciduous:
1. Compact Burning Bush Euonymous alatus `Compactus'
2. Fragrant Sumac Rhus aromatica
3. Quince Chaenomeles
4. Cotoneaster Cotoneaster (low forms)
b. Evergreen:
1. Spreading Yews Taxus denisformis
2. Spreading Juniper Juniperus
3. Euonymous Euonymous fortunei, kiautschovicus (Wintercreeper, Spreading)
The following table is for determining minimum standards for size and range of spacing requirements.
TABLE INSET:

Evergreen
Tree Narrow
Evergreen Large
Deciduous
Tree Small
Deciduous
Tree Large
Shrub Small
Shrub
Minimum size 5'ht 4'ht. 2"cal. 1.5"cal. 24"ht. 18"ht.
Minimum spacing 10' 5' 20' 8' 4' 2'
Maximum spacing 25' 15' 40' 20' 10' 6'

Prohibited species--Those plants which are not allowed due to problems associated with them such as brittle wood, disease susceptibility, or invasive qualities:
a. Boxelder Acer negundo
b. Poplar Populus
c. Catalpa Catalpa
d. Elm Ulmus
e. Flowering Crabapple Malus (large fruiting varieties)
f. Horse Chestnut Aesculus (nut-bearng)
g. Silver Maple Acer saccharinum
h. Tree of Heaven Ailanthus
i. Willows Salix
j. Olive Elaeagnus
k. Honeysuckle Lonicera
l. Buckthorn Rhamnus
m. Purple Loosestrife Lythrum salicaria
(7) Existing vegetation:
a. Plant materials existing on the site can be used towards landscape or screening requirements in accordance with section 19-84(2)c., if the following conditions apply:
1. Plant material is healthy.
2. The plant materials are listed as being saved on the plan and protected with snow fencing during construction.
3. Opacity requirements are met for screening.
(d) Maintenance for all plantings.
(1) All plants and landscaped areas shall consist of permanent, living plant materials and when planted to completion, shall be maintained in an attractive and presentable condition, free of weeds, refuse and debris, and shall be maintained in a healthy and growing condition, per the approved final landscape plan.
(2) Reserved.
(e) Landscaping for off-street parking.
(1) A corner clearance must be maintained as specified in section 19-80(3). (See diagram A-A [at the end of this article])
(2) Landscaped island space shall be provided as specified in section 19-156(13).
(f) Greenbelts. Greenbelts shall contain:
(1) Masonry, ornamental wall of five feet in height, or when a C-2 district abuts a residential district a six-foot high ornamental wall is required and deciduous trees with a minimum height of 20 feet, unless alternate screening is subsection (f)(2) below, is selected. No structure or paving shall be within 15 feet from a residential district. (See diagram B [at the end of this article])
(2) Plant materials:
a. For general buffering requirements in lieu of a wall all of the following items must be included:
1. Evergreen tree(s) having a minimum height of five feet, placed ten feet on center.
2. Three intermediate evergreen shrubs placed between each evergreen tree.
3. All plant materials per the plant material schedule, section 19-85(c).
4. Where a landscape buffer is used in lieu of an ornamental wall for screening purposes there will be a three-foot high earth berm having a 3:1 slope in addition to the planting requirements. A detail shall be submitted.
5. Planting area width to be no less than 15 feet. (See diagram C [at the end of this article])
b. Where required when a C-2 district abuts a residential district, all of the following plant requirements will be required for screening.
1. Opaque screening height of six feet, which may contain any combination of shrubs, evergreens, fences, walls and/or berms.
2. Intermittent height of 20 feet in mature height to be accomplished in five years from the planting date. This can be accomplished by deciduous trees and large shrubs.
3. Buffer width of at least 25 feet. (See diagram D [at the end of this article])
c. Where required when an open storage use in an M-2 district abuts a residential district, refer to section 19-470(8) for screening standards.
(3) Alternatives to required walls and berms may be approved by the planning commission if a similar screening effect is accomplished and fits the character of the township. If natural features in the form of trees of six inches d.b.h. or greater along perimeter of site exist, a berm may be designed in a natural format. The berm itself may be divided and formed on either side or continue around the existing trees. The plantings are to be primarily evergreen trees on the crest of the berm. These may be supplemented with shrubs that regenerate on each side of the berm; (i.e. Red Twig Dogwood, Fragrant Sumac, Arrowhead viburnum). The berm shall be hydroseeded. Opacity requirements are to be 80 percent in winter and 90 percent in summer within two years after planting of any needed supplemental trees and shrubs.
The planning commission may waive the requirement for an earth berm or obscuring wall adjacent to a residential use district when the proposed development includes the retention of an existing wooded area adjacent to the residential district provided:
(i) The retained wooded area will provide effective screening consistent with the opacity requirements of this ordinance and intent of this section. Supplemental plant material may be added to meet the screening requirements;
(ii) The failure to retain the wooded area will have a negative impact on the preservation of woodlands within the township; and
(iii) The retained wooded area has been inspected by the township as part of the site plan review process relative to the health and desirability of the existing plant materials and found to be health and desirable.
The planning commission may require, during construction phases as a condition to the waiver, additional plantings and/or the erection of a temporary chainlink fence within or adjacent to the preserved wooded area.
(g) Front yard landscaping. All required front yard setbacks or side yard setbacks where the lots are corner lots and abut a side street or road shall be landscaped according to the following standards:
(1) One large deciduous shade tree, 3-inch minimum caliper, placed 30 feet on center for the length of the setback or lot line shall be planted. No property shall contain less than one tree.
(2) One seven-foot minimum height evergreen tree or flowering decorative tree with the quantity calculated at one tree per every 25 feet of length of the setback or lot line shall be planted.
(3) Three intermediate evergreen shrubs shall be planted for each evergreen tree or flowering decorative tree planted pursuant to section 19-87(g)(2).
(4) All setbacks shall be properly graded and covered with lawn (sod or seed), mulch, bark, or other approved decorative landscape material.
(5) All plant materials shall conform to the schedule, in subsection (c) of this section, unless subject to overhead power lines in which case an alternative specie having a mature height of less than 30 feet may be used. Required plant materials may be planted at uniform intervals, at random, or in groupings.
(6) Any existing on-site stand of vegetation which meets the intent of this section shall satisfy the planting requirements as specified herein so long as it is demonstrated to the planning commission that such vegetation is free from disease and will not be affected from grade changes, trenching, excavation, building construction, or other site improvements. Such acceptance by the planning commission shall concurrently assign the property owner and their successors in title the responsibility of replacing plant materials lost through disease, natural disaster, site work or similar events to the extent necessary to achieve the original landscaping effect.
(7) All front yard landscaping shall have an irrigation (water sprinkler) system installed to help maintain plant materials in a livable condition. Such irrigation systems shall be designed to prevent, to the greatest extent practicable, the watering of buildings, parking lots, loading zones, pedestrianways, and similar use areas.
(Ord. No. A33, § 7, 10-15-86; Ord. No. A35, § 7(4.30), 10-15-86; Ord. No. A39, § 1, 5-27-87; Ord. No. 156-A71, § 3, 4-19-95; Ord. No. 156-A79, §§ 2, 3, 9-16-98; Ord. No. 156-A91, § 1, 5-16-01)
Sec. 19-86. Fee schedule.
The township board may from time to time set by resolution all fees called for in the zoning ordinance and may by resolution establish amounts to be reimbursed to the township for costs incurred in the implementation of any process set forth herein.
(Ord. No. 101, § 4.31, 3-23-71; Ord. No. 156-A71, § 4, 4-19-95)
Sec. 19-87. Churches, synagogues and halls of worship.
Where churches, synagogues and halls of worship are allowed, they shall meet the following requirements:
(1) Minimum lot width of 150 feet.
(2) Minimum site size of three acres.
(3) All front, side and rear yard space shall be a minimum of 50 feet from adjoining lot lines.
(4) All sites shall have primary means of ingress and egress directly on a major thoroughfare having or planned to have (pursuant to footnote "o" of Article XX) a right-of-way of 120 feet.
(Ord. No. A63, § II, 10-16-91)
Sec. 19-88. Swimming pools.
Any artificially constructed portable or nonportable pool or container capable of being used for swimming, wading or bathing or any combination thereof, wholly outside a permanently enclosed and roofed building and designed to hold 2,500 gallons or more of water or a depth of two feet or more at any point.
(1) Application. The application for a building permit to erect a swimming pool shall include the name of the owner, the manner of supervision of the pool, a plot plan and location of adjacent buildings, fencing, gates, public utilities, specifications and plans to scale of pool walls, slope, bottom, walkway, diving boards, type and rating of auxiliary equipment, piping and valve layout, and other detailed information affecting construction and safety measures deemed necessary by the zoning administrator.
(2) Pool location. Minimum side yard setback shall comply with article XIX. Furthermore, the pool fence must not be built within the required front yard or required corner lot side yard. Rear yard setback shall not be less than four feet between the outside wall of the pool and the rear property line or less than four feet between the pool wall and any building on the lot.
(3) Fence. For the protection of the general public, outdoor swimming pools shall be enclosed by a wall, fence or other type of enclosure which may consist in part of the residence to which swimming pool is appurtenant. Such wall or fence shall be not less than four feet or more than six feet above the grand line of the abutting level. Such wall, fence or enclosure shall not be required for all or such part of the pool that is four feet or more above the abutting ground level; provided, that a suitable barrier is furnished to deter entrance to the pool by persons not having the permission of the pool owner to enter therein when pool is not in use. Any wall shall be of wood, brick or masonry and any fence may be solid or designed so as to permit circulation of air; provided, that any wall or fence shall not be designed of such a nature as to permit any child to pass over, under or through any such fence except at a gate or door when such gate or door shall be opened. All openings in any such fence shall be equipped with a self-closing, self-latching gate which shall be securely locked.
(4) Public utilities. All electrical installations or wiring in connection with swimming pools shall conform to the provisions of the National Electrical Code. If service drop conductors or other utility wires cross under or over a proposed pool area, the applicant shall make satisfactory arrangements with the utility involved for the relocation thereof before a permit shall be issued for the construction of a swimming pool. No portion of a swimming pool or associated structure shall be permitted to encroach upon any easement or right-of-way which has been granted for public utility use.
(Ord. No. 101, § 4.35, 3-23-71; Ord. No. A51, 8-16-89)
Sec. 19-89. Planned unit development, C-2 district--Generally.
(a) Intent. The intent of this section is to provide, in the case of planned unit developments in the C-2, planned shopping center district an added degree of flexibility in the placement, bulk and interrelationship of the buildings and land uses within a planned unit development and the implementation of new design concepts. The requirements of the use, area, height, bulk and placement regulations, as they are applicable to an individual building or an individual lot of record, would in certain cases of large-scale developments have results affording less protection to the public health, safety and welfare than if a measure of flexibility were permitted. Accordingly, the standards set forth for the C-2 district have been designed to facilitate planned unit development, which standards may be modified by action of the township board in instances where an improved plan results and upon a showing that conformity with such standards serves no good public purpose. The township board does hereby determine that the following regulations are the minimum requirements for the promotion and protection of the public health, safety and welfare.
(b) Authorization. Subject to the foregoing statement of intent, the township board with the advisory assistance of the planning commission, may approve a planned unit development, but only after notice and public hearing as prescribed by law.
(c) Processing requirements. A proposal for a planned unit development shall be processed as follows:
(1) The owner or owners of any tract of land comprising an area of not less than 25 acres shall submit an application in 22 copies for planning commission review, accompanied by the following information, maps and plans:
a. A legal description of the property under consideration, which also shows that such property is at least 25 acres in area, being either a single parcel of land or two or more parcels separated only by a public or private street or road.
b. A map indicating the gross land area of development, the present zoning classification thereof, and the zoning classification and land use of the area surrounding the proposed development, including the location of structures, curb cuts and other improvements within 200 feet thereof.
c. A fully dimensioned map of the land showing topographic information at a contour interval of two feet or less. Spot elevations may also be shown for clarity.
d. A vicinity map to scale showing the location of the area in relation to surrounding properties, streets, freeways, parks, schools, school sites and other significant, features of the township where appropriate.
e. A general development plan with at least the following details shown to scale and dimension:
1. Location of each existing and each proposed structure in the development area, the use or uses to be contained therein, the number of stories, gross buildings and lot lines, setback lines, and approximate location of vehicular entrances and truck loading/unloading points.
2. The location and design of all lots to be subdivided and the approximate dimensions of all lot lines.
3. All streets, driveways, service aisles and parking areas, including general layout and design of parking lot spaces.
4. All pedestrian walks, malls, plazas and open areas for parks, recreation and light and air to be dedicated to the public or to be retained by an acceptable property owners or business owners association.
5. Location and height of all fences and landscaping screen planting, including a general plan for the landscaping of the development and the method by which landscaping is to be accomplished and be maintained together with a brief narrative description of the landscaping concept.
6. Architectural sketches, at an appropriate scale, showing building heights, facade elevations, and other features of the development.
7. Types of surfacing, such as paving, turfing or gravel to be used at the various locations on site.
8. Intended method of servicing area with water and sewer facilities including general location and character of utility lines, manholes, pump stations, lift stations, septic fields, wells and other facilities.
9. A general grading plan of the proposed development with brief narrative description.
10. Proposed private deed restrictions and articles of incorporation and by-laws of any proposed property owners or business owners association to be imposed upon the property after it is developed and/or subdivided to insure that the planned character and use of the project will be preserved and protected.
f. A community impact assessment.
g. Other information as may be reasonably required by the planning commission to base an opinion of the proposed planned unit development.
(Ord. No. A57, § 6(4.36(1)), 6-20-90)
Sec. 19-90. Same--Determination.
After a study of the application for a planned unit development, the planning commission shall make a determination based upon the following standards:
(1) The proposed use or uses shall be of such location, size and character as to be in harmony with the appropriate and orderly development of the zoning district in which situated and shall not be detrimental to the orderly development of adjacent zoning districts. Proposed commercial uses must be justified by a market analysis.
(2) The location and size of the proposed use or uses, the nature and intensity of the principal use and all accessory uses, the site layout and its relation to streets giving access to it, shall be such that traffic to and from the use or uses, and the assembly of persons in connection therewith, will not be hazardous or inconvenient to the neighborhood nor conflict with the normal traffic of the neighborhood. In applying this standard, the planning commission shall consider, among other things, convenient routes for pedestrian traffic, particularly of children; the relationship of the proposed project to freeways and main traffic thoroughfares and to street and road intersections; and the general character and intensity of the existing and potential development of the neighborhood. In addition, where appropriate, the planning commission shall determine the noise, vibration, odor, light, glare, heat, electromagnetic or radio-active radiation or other external effects, from any source whatsoever which is connected with the proposed use, will not have a detrimental effect upon neighboring property or the neighboring area in general.
(3) The location and height of buildings, the location and nature and height of walls and fences, and the nature and extent of landscaping of the site shall be such that they will not hinder or discourage the proper development and use of adjacent land and buildings nor impair the value thereof.
(Ord. No. A57, § 6(4.36(2)), 6-20-90)
Sec. 19-91. Same--Approval by commission.
The planning commission may require such changes or modifications in the site plan as are needed to achieve conformity to the standards as herein specified. Upon the finding by the planning commission that all of the standards as herein specified have been met, it may approve the project and the requested modifications to the provisions of this chapter, if any, and recommend approval of the same to the township board. It shall also, where it deems appropriate and necessary, recommend to the township board those conditions to be imposed upon the project, its operation, or both, that are needed to assure adherence to the aforesaid standards.
(Ord. No. A57, § 6(4.36(3)), 6-20-90)
Sec. 19-92. Same--Approval by board.
Immediately after approval and recommendation by the planning commission, the applicant shall submit the proposal to the township board and obtain its concurrence for the planned unit development with any additional modifications or conditions as may be desired by the township board. Unless the approval of the township board is obtained, the planning commission's approval shall not be effective; if the township board rejects, then the action of the planning commission shall be deemed null and void. In addition, if approval is granted by the township board, the following conditions shall apply:
(1) In those instances in which platting is required by law, the owner or owners shall thereafter submit preliminary and final plats for the planned unit development for approval in compliance with Act No. 288 of the Public Acts of Michigan of 1967 (MCL 560.101 et seq., MSA 26.430(101) et seq.), as may be amended, and with all ordinances and regulations pertaining to the procedures and requirements for the approval of plats except to the extent that such requirements have been waived or modified by the planning commission and township board. Such plats shall be in strict conformity with the approved planned unit development, the conditions attached thereto, and the provisions of this chapter.
(2) Where project is intended to be a site condominium development, requirements at section 19-101 and Act No. 59 of the Public Acts of Michigan of 1978 (MCL 559.101 et seq., MSA 26.50(101) et seq.), as amended, shall be complied with.
(3) Appropriate private deed restrictions together with any applicable articles of incorporation and by-laws shall be submitted to the township board in recordable form sufficient to assure the use and development of the planned unit development and the provisions of this chapter.
(4) The planned unit development plan shall be incorporated into the deed restrictions and recorded with the county register of deeds and the township building department, and all construction shall thereafter be in accordance with the planned unit development plan.
(Ord. No. A57, § 6(4.36(4)), 6-20-90)
Sec. 19-93. Same--Modifications by board.
The applicant for approval of a planned unit development may apply to the township board for a modification of the nature and extent of public improvements required to be installed. The township board may, in its discretion, relieve the applicant from installing public improvements as would otherwise be required to the extent that it determines such improvements to be unnecessary within the planned unit development. In the event of such a determination, the township board shall incorporate the same in its resolution granting approval of the planned unit development.
(Ord. No. A57, § 6(4.36(5)), 6-20-90)
Sec. 19-94. Same--Fee.
Any application for planned unit development shall be accompanied by a fee as may be determined by the township board. Such fee may be utilized by the township board to obtain the services of one or more expert consultants qualified to advise as to whether the proposed planned unit development will conform to the applicable township ordinances, policies and standards, and for investigation and report of any objectionable elements that the planning commission may wish to be advised on. Such consultants shall report to the planning commission as promptly as possible. After the planned unit development application has been approved or disapproved by the township board, the balance of the fee which is left shall be returned to the applicant.
(Ord. No. A57, § 6(4.36(6)), 6-20-90)
Sec. 19-95. Same--Revocation.
A planned unit development may be revoked in any case when the construction of the development is not in conformance with the approved plans, in which case the township board shall give the applicant notice of intention to revoke such permit at least ten days prior to review of the permit by the township board. After conclusion of such review, the planned unit development shall be revoked if the board feels that a violation in fact exists and has not been remedied prior to such hearing.
(Ord. No. A57, § 6(4.36(7)), 6-20-90)
Sec. 19-96. Noise.
The purpose of this section is to ensure that the sound level on any lot does not exceed the values listed in Table B in article XIX. Measurements shall be taken at the lot line of the lot from which the noise is emanating.
(1) Requirements. A person shall not cause, emit or allow to be emitted, sound from any source or combination of sources, other than a motor vehicle registered for use on public highways, which when measured in accordance with the procedure described in this section exceeds the sound level limits in Table B in article XIX. Measurement of sound level shall be made at a height of four (+ or -) 0.5 feet, at a horizontal distance of five (+ or -) 0.5 feet from a lot line or right-of-way line on any lot or right-of-way other than that on which the sound source or sources being measured is located. A violation shall be deemed to exist only if the sound level measured with the sound source or combination of sources of interest in operation is at least six decibels greater than the sound level measured with the sound source or sources not in operation. Sound shall be measured at intervals of time not to exceed five minutes. Reported duration associated with the reported sound level is that amount of time encompassing all measurements taken to obtain the sound level. For each measurement, observations shall be made of the meter reading each five seconds until the number of observations equals the difference in decibels between the largest and smallest observed sound level; the measured sound level shall be equal to the average of the observations so obtained. The reported sound level shall be the lowest measured sound level.
a. All measurements shall be made using a sound level meter which meets the requirements of the American National Standard S1.4-1961, "General Purpose Sound Level Meters," and which has been set for fast meter response and the A-weighting network.
b. When reporting a sound level for any duration less than 50 percent per hour, sound level measurements shall also be reported for each five-minute (or smaller) interval over a full one-hour period.
(2) Exceptions. No exceptions to the nighttime limits specified for R-1-R, R-1, R-1-S, R-2, R-3 and RO-1 districts shall be made. Authorization to exceed the other limits by as much as 15 decibels may be granted by the township supervisor for temporary use of equipment not normally used in the applicable districts. Such authorization shall be granted only after a written application for an exception has been submitted to the township supervisor. The period over which an exception may be granted shall be limited to 90 days.
(Ord. No. A57, § 4.37, 6-20-90)
Sec. 19-97. Dog kennels.
A minimum lot area of not less than ten acres, with a minimum lot width of not less than 500 feet is required for any dog kennel and all buildings, pens and runways, for housing or keeping of such animals, shall not be less than 150 feet from any adjacent property line.
(Ord. No. A57, § 4.38, 6-20-90)
Sec. 19-98. Fire protection requirements.
All applications, plans and specifications for any land use or uses requiring site plan review under section 19-84 shall be checked by the township fire chief and building inspector to insure that the following requirements have been met:
(1) Size of water lines. Site must have sufficient size water line to building for efficient fire protection. No less than an eight-inch water line shall be provided.
(2) Location of hydrants. Location of hydrants in relation to driveways, streets, doors, windows, etc., must be indicated.
(3) Spacing of hydrants. Distance of hydrants apart shall not exceed 300 feet around a building complex. The water line shall be connected to another water line to form a loop if possible.
(Ord. No. A57, § 4.38, 6-20-90)
Sec. 19-99. Trash containers.
Outside trash containers shall be permitted in C-1, C-2, M-1 and M-2 districts provided that they comply with the following requirements:
(1) Adequate vehicular access shall be provided to such containers for truck pick-up either via a public alley or vehicular access aisle which does not conflict with the use of off-street parking areas or entrances to or exits from principal buildings nearby.
(2) A solid ornamental screening wall shall be provided around all sides of trash containers which shall be provided with a gate for access and be of such height as to completely screen such containers, the maximum height of which shall not exceed six feet.
(Ord. No. 101, § 4.40, 3-23-71)
Sec. 19-100. Heliport design requirements.
These requirements are intended to regulate permanent heliports used on a regular basis. Nothing in this section is intended to prohibit the emergency landing of any helicopter nor is it intended to prohibit the occasional landing of any helicopter in an area that does not endanger the residents of the township. No land in the township shall be used as the location for the regular and continued landing, take-off or storage of any helicopter commonly used for the transportation of persons or goods until the following criteria have been met:
(1) The proposed heliport shall be constructed, operated and maintained in accordance with the Federal Aviation Administration Heliport Design Guide number 150/5390-1B as the same may be amended from time to time.
(2) No heliport shall be permitted to allow the landing, take-off or storage of more than one helicopter at any time, and the owner of the heliport shall provide the township with a copy of the annual airworthiness certificate for all helicopters using the heliport.
(3) No land shall be used for a heliport of any type until a site plan for such heliport has been approved by the township board after a recommendation from the township planning commission pursuant to section 19-84.
(4) The owner of the proposed heliport shall submit with his site plan the approval of form FAA 7480-1 (notice of landing area proposal) and approval from the Michigan Aviation Commission for the operation of the heliport.
(5) The owner of the proposed heliport shall also submit with his site plan an environmental impact assessment prepared at the owner's expense. The environmental impact assessment shall contain the following minimum information; however, additional information may be requested by the township planning commission or the township board to assure the health, safety and general welfare of the township's residents.
a. Expected noise levels for the landing and take-off of helicopters measured in decibels at the property line nearest to the landing and take-off area.
b. The method of controlling possible obnoxious odors, fumes or dust that may be caused by the landing, take-off or servicing of helicopters using the heliport.
c. The location of all public utility poles, lines and easements within 500 feet of the landing and take-off area.
d. The method of screening that will be provided to control any possible detrimental effects to the surrounding neighborhood.
e. The method to be used for servicing of any helicopters, if such servicing is required.
(6) The proposed heliport shall meet the National Fire Protection Association (NFPA) recommended requirements for such facilities.
(7) In those zoning districts where heliports are permitted, the landing, take-off and storage area shall be clearly defined from the remainder of the site and shall be no closer than 500 feet to any abutting property line.
(8) All helicopter landing and take-off areas shall conform to the following standards:
a. Each landing and take-off area shall contain a helipad.
b. The helipad shall be hard surfaced with a minimum of four-inch thick concrete or two-inch thick asphalt over a six-inch thick 22X slag base. The township planning commission or township board may require hard surfacing in excess of these minimum standards if, in their opinion, the safe operation of the heliport warrants such additional hard surfacing.
c. The helipad shall have a minimum dimension between any two perimeter points equal to 1 1/2 times the length of the largest helicopter expected to use the heliport.
d. The periphery of the landing and take-off area shall be enclosed by a cyclone fence constructed to a minimum height of four feet above the ground. Such fence is to be continuous except that an access gate may be installed.
(9) In the R-1-R and R-1-S districts, heliports shall be limited to daylight operation only.
(10) In the E, M-1, M-2 and M-3 districts, heliports may be operated at any time provided the operation does not become a nuisance to the surrounding neighborhood.
(Ord. No. 101, § 4.41, 3-23-71)
Sec. 19-101. Condominium projects.
(a) Application. The following regulations shall apply to all condominium projects within the township.
(b) Initial information. Concurrently with notice required to be given the township pursuant to section 71 of Act No. 59 of the Public Acts of Michigan of 1978 (MCL 559.101 et seq., MSA 26.50(101) et seq.), as amended, a person intending to develop a condominium project shall provide the following information with respect to the project:
(1) The name, address and telephone number of:
a. All persons with an ownership interest in the land on which the condominium project will be located together with a description of the nature of each entity's interest (for example, fee owner, optionee or land contract vendee).
b. All engineers, attorneys, architects or registered land surveyors associated with the project.
c. The developer or proprietor of the condominium project.
(2) The legal description of the land on which the condominium project will be developed together with appropriate tax identification numbers.
(3) The acreage content of the land on which the condominium project will be developed.
(4) The purpose of the project (for example, residential, commercial, industrial, etc.).
(5) Approximate number of condominium units to be developed on the subject parcel.
(6) Whether or not a community water system is contemplated.
(7) Whether or not a community septic system is contemplated.
(c) Information kept current. The information shall be furnished to the zoning administrator and shall be kept updated until such time as a certificate of occupancy has been issued pursuant to section 19-559.
(d) Site plans for new projects. Prior to recording of the master deed required by section 72 of Act No. 59 of the Public Acts of Michigan of 1978 (MCL 559.101 et seq., MSA 26.50(101) et seq.), as amended, a new condominium project shall undergo site plan review and approval pursuant to section 19-84. In addition, the township shall require appropriate engineering plans and inspections prior to the issuance of any certificate of occupancy.
(e) Site plans for expandable or convertible projects. Prior to expansion or conversion of a condominium project to additional land the new phase of the project shall undergo site plan review and approval pursuant to section 19-84.
(f) Master deed, restrictive covenants and "as built" survey to be furnished. The condominium project developer or proprietor shall furnish the zoning administrator with the following: One copy of the recorded master deed, one copy of all restrictive covenants and two copies of an "as built survey." The "as built survey" shall be reviewed by the township engineer for compliance with township ordinances. Fees for this review shall be established by resolution of the township board in addition to those required at section 19-561.
(g) Monuments required at site condominium projects. All condominium projects which consist in whole or in part of condominium units which are building sites, mobile home sites, or recreational sites shall be marked with monuments as provided in this subsection.
(1) Monuments shall be located in the ground and made according to the following requirement, but it is not intended or required that monuments be placed within the traveled portion of a street to mark angles in the boundary of the condominium project if the angle points can be readily reestablished by reference to monuments along the sidelines of the streets.
(2) All monuments used shall be made of solid iron or steel bars at least one half inch in diameter and thirty six inches long and completely encased in concrete at least four inches in diameter.
(3) Monuments shall be located in the ground at all angles in the boundaries of the condominium project; at all intersection lines of streets and at the intersection of the lines of streets with the boundaries of the condominium project and at the intersection of alleys with the boundaries of the condominium project; at all points of curvature, points of reserve curvature and angle points in the side lines of streets and alleys; at all angles of an intermediate traverse line and at the intersection of all limited common elements and all common elements.
(4) If the required location of a monument is an inaccessible place, or where the locating of a monument would be clearly impracticable, it is sufficient to place a reference monument nearby and the precise location thereof be clearly indicated on the plans and referenced to the true point.
(5) If a point required to be monumented is on a bedrock outcropping, a steel rod, at least one-half inch in diameter shall be drilled and grouted into solid rock to a depth of at least eight inches.
(6) All required monuments shall be placed flush with the ground where practicable.
(7) All unit corners shall be monumented in the field by iron or steel bars or iron pipes at least 18 inches long and one-half inch in diameter, or other approved markers.
(8) The township board may waive the placing of any of the required monuments and markers for a reasonable time, not to exceed one year, on the condition that the proprietor deposits with the township clerk cash or a certified check, or irrevocable bank letter of credit running to the township, whichever the proprietor selects, in an amount not less than $25.00 per monument and not less than $100.00 in total. Such cash, certified check be returned to the proprietor upon receipt of a certificate by a surveyor that the monuments and markers have been placed as required within the time specified.
(h) Monuments required for all condominium projects. All condominium projects shall be marked at their boundaries with monuments meeting the requirements of subsection (g)(2) of this section.
(i) Compliance with law. All condominium projects shall comply with federal and state statutes and local ordinances.
(j) State and county approval. The developer or proprietor of the condominium project shall establish that appropriate state and county approvals have been received with regard to the fresh water system for the proposed project and with regard to the wastewater disposal system for the proposed project.
(k) Temporary occupancy. The zoning administrator may allow occupancy of the condominium project before all improvements required by this chapter are installed provided that a bond is submitted sufficient in amount and type to provide for the installation of improvements before the expiration of the temporary occupancy permit without expense to the township.
(l) Streets. All streets located within a condominium project shall be constructed in accordance with the standards and specifications of the county road commission for subdivisions comparable in use, frontage, etc., to the condominium project.
(m) Copy of site plan. After submittal of the condominium plan and by-laws as part of the master deed, the proprietor shall furnish to the township a copy of the site plan on a mylar sheet of at least 13 by 16 inches with an image not to exceed 10 1/2 by 14 inches.
(n) Inspections. Prior to issuance of a final certificate of occupancy by the township, the township engineer shall inspect all site improvements, including roads, water, sanitary and storm sewer facilities, grading and road signs, and determine compliance with all applicable township ordinances and requirements.
(Ord. No. A50, § 1(4.42), 6-15-88)
Sec. 19-102. Bed and breakfast operations.
Where permitted in R-1-R, R-1-S and R-1 districts, bed and breakfast operations are subject to the following standards:
(1) Operation is run by persons who own and occupy premises.
(2) Not more than four bedrooms in the structure shall be used for bed and breakfast sleeping rooms. Use of a garage or other accessory building is prohibited.
(3) If more than two such rooms are for rent, each room shall have direct access to two separate means of egress.
(4) Signs identifying the bed and breakfast operation shall comply with provisions at section 19-79.
(5) All such facilities shall comply with all applicable township, county and state building occupant living area, plumbing, electrical, mechanical, fire and health codes.
(6) Occupancy by guests shall be limited to one to seven day stays.
(7) No more than four occupants per room shall be allowed.
(8) There shall be no separate cooking facilities within or for the bed and breakfast rooms.
(9) A fire escape plan shall be developed and graphically displayed in each guest room. A smoke detector in proper working order shall be placed on every floor.
(10) One off-street parking space shall be provided in rear or side yard, behind front building setback line, for each guest room. Such parking lot shall be exempt from paving requirements at section 19-160.
(11) All bed and breakfast operations shall maintain on the premises a guest register, and all guests shall be legibly registered, and such register is subject to inspection during reasonable hours by the building/zoning official.
(12) All bed and breakfast operations shall be inspected annually by the building department and fire department and charged an inspection fee at a rate which will from time to time be set by resolution of the township board.
(Ord. No. A52, § 4(4.43), 10-5-89)
Sec. 19-103. Storage of hazardous substances and petroleum products in commercial and industrial districts.
(a) In order to provide for public health, safety and the protection of surface and groundwater, all businesses and facilities which use, store or generate hazardous substances, as defined in article II, in quantities greater than 100 kilograms per month (equal to 25 gallons or 220 pounds) shall provide for the secondary containment (double enclosure) of storage areas.
(b) Hazardous substances, petroleum products and waste oil shall be stored as follows:
(1) Aboveground storage:
a. Primary containment of hazardous substances shall be product-tight.
b. Secondary containment (for example, double enclosure) of hazardous substances shall be provided.
c. Outdoor storage of hazardous substances is prohibited except in product-tight containers which are protected from weather, leakage, accidental damage and vandalism. Secondary containment shall be sufficient to store the substance for the maximum anticipated period of time necessary for the recovery of any released substance, including an allowance for the expected accumulation of precipitation.
d. At a minimum, state and federal agency requirements for storage, leak protection, recordkeeping, spill prevention, emergency response, transport and disposal shall be met.
(2) Underground storage
a. Existing and new underground storage tanks shall be registered with the Michigan Department of Natural Resources in accordance with federal and state requirements.
b. Installation, operation and maintenance of underground tanks shall be in accordance with requirements of the township fire department, the state fire marshall division and the state department of natural resources.
c. Out-of-service abandoned underground tanks shall be emptied and removed from the ground if they have been out of service for more than nine months, unless an extension is approved by the township officials.
(Ord. No. 101-A47, § 1, 1-14-92)
Sec. 19-104. Cluster housing option.
The purpose of the cluster housing option is to permit an alternative means for development of land which is zoned single-family residential (i.e., R-1-R, R-1-S and R-1 districts). The intent of the option is to permit the preservation of natural features of a site such as wetlands, woodlands, unusable steep topography or geologic features (e.g., historic sites, unique vistas). Further, the cluster housing option should be considered only when the township benefits by the protection of natural features, not when it is a hardship on the part of the developers due to environmental constraints (e.g., woodlands, wetlands).
(1) In reviewing projects for approval of a cluster housing option, the following conditions must be complied with.
a. Only detached single-family homes are permitted within each cluster.
b. Number of homes in a cluster shall be either three or four.
c. Spacing between buildings in a cluster shall be as established in section 19-526, Table A of Schedule of Regulations.
d. Front yard and rear yard setbacks for dwelling units, as required by the underlying zoning district, that are adjacent to side yards for units should be the sum of each yard as required by the district in section 19-526, Table A, of Schedule of Regulations. Setback of dwelling units from any public road right-of-way shall be as established for front yard setback for homes required by the underlying zoning district.
e. No front yard of a home shall face into rear yard of another home either within a cluster or between homes in adjacent clusters, except where there is at least a 250 feet distance separation.
f. Spacing between cluster groupings (as measured from building faces of buildings in opposing or adjacent clusters) shall be not less than 150 feet.
g. The cluster housing option should not qualify solely as a buffer between a single-family residential project and a major thoroughfare or a multiple dwelling housing project.
h. The cluster housing option should not qualify based on topography alone. Difficult, steep topography should be considered for proper road design and fire lane access.
i. Density for a site should be based upon gross land area, excluding lakes or wetlands as designated on the township's wetlands map, divided by number of units allowed as established for minimum lot sizes for the underlying zoning district.
j. Open space shall be preserved in accordance with the approved plan. For any project the reservation of land shall be contained in the master deed or the subdivision restrictions.
(2) Township board shall consider a proposed cluster option project after a recommendation from planning commission. A public hearing shall be required and residents within 300 feet notified. Fees for hearing are as established by township board resolution.
(3) In submitting a proposed cluster housing option plan under this section, the applicant shall also prepare a site plan showing proposed home sites and general building envelopes, building grade elevations, existing and proposed road rights-of-way and/or easements, tabular schedule of dwelling units, density, site area excluding lakes and regulated wetlands, and all other data required under section 19-84, processing requirements for site plan review.
(Ord. No. 156-A72, § 1, 8-16-95)
Sec. 19-105. Lighting.
(a) The overall intent of this section is to provide adequate lighting within off-street parking areas which is in keeping with the rural atmosphere already established in the township. Specific objectives are to:
(1) Provide adequate lighting levels within off-street parking areas;
(2) Minimize the effect of this lighting on adjacent property owners;
(3) Minimize the effect of this lighting from major roadways within the township; and
(4) Enhance with lighting areas or spaces established within or near off-street parking lots and building including:
a. General parking lots.
b. Pedestrian walkways, sidewalks and aisles within parking lots.
c. Landscape islands.
d. Landscape areas around buildings.
e. Exterior building lighting.
f. Loading/unloading areas.
(b) Within any district where lighting is required or provided, the lighting shall be arranged in an overlapping pattern of light at a height of about seven (7) feet above grade throughout the off-street parking areas. Lighting levels shall respond to site hazards such as steps, ramps and steep embankments. Posts and standards should be placed so that they do not create hazards for pedestrians or vehicles including obstructing the view of an on-coming pedestrian or car. Lighting shall be placed to light all pedestrian walkways.
(1) Types of lighting fixtures which may be used are:
a. All general parking lot areas shall be illuminated with:
1. Decorative fixtures.
2. Twenty to 25-foot maximum height to the top of fixture or pole.
3. Mercury vapor or metal halide.
b. All pedestrian walkways, sidewalks and aisles shall be illuminated with:
1. Decorative fixtures: The fixtures shall be manufactured by Hadco, Vm71A TONECE, Modified or approved equal.
2. Ten to 15-foot maximum height to the top of fixture or pole. The post shall be manufactured by Hadco, Model #174088 or approved equal.
3. Lamp: The lamp shall be a h45dl4050DX or approved equal.
4. Planning commission may recommend a substitute fixture during site plan review.
c. Landscape islands shall be illuminated with:
1. Ground mounted decorative fixture directed at required landscape or plant material.
2. Thirty-six-inch maximum height to the top of the fixture.
3. Mercury vapor or metal halide.
d. Landscape or green belt around building shall be illuminated with:
1. Ground mounted decorative fixture designed to enhance landscape or plant material.
2. Thirty-six-inch maximum height to the top of the fixture.
3. Mercury vapor metal halide.
e. Exterior building facade shall be illuminated with:
1. Ground mounted decorative fixture.
2. Twelve-inch maximum height above grade (preferred flush with grade, consider snow coverage).
3. Mercury vapor or metal halide.
Note: Lighting fixtures shall not be mounted directly to building facade, except for signage illumination or as indicated in subsection (b)(1)f.
f. Loading areas shall be illuminated with:
1. Wall mounted: Light emitted from the fixture is to be directed downward and contained to the loading area.
2. Fifteen-foot maximum height to the top of fixture.
3. Low pressure sodium.
(2) No measurable light levels emitted from within the site shall be detectable on any adjacent property or roadway. These light levels shall be measured with standard light meter in footcandles.
(3) No glare or direct view of the light source (lamp) from the general parking area fixtures shall be observed from any adjacent property or roadway.
(4) All general parking area lighting is to be reduced to an average of 0.4 footcandle at four feet zero inches above the parking surface, with a uniformity ratio of 10:1, after established hours of operation. These hours are to be indicated during the site plan review and filed with the township building department. Any change in these hours of operation is to be refiled with the building department. Established hours of operation is defined as one-half hour before and one-half hour after the published business hours.
(5) All landscape material is to be trimmed so that it does not interfere with the intent of the fixture.
(6) No sound shall be emitted from the fixture that is detectable on any adjacent property or roadway. This sound is to be measured with a calibrated decibel meter using the A scale.
(7) Lighting for pedestrian walkways shall be a minimum of 2.0 footcandles at four feet above the walkway surface. Self-parking areas shall be a minimum of one footcandle at four feet above the parking surface.
(8) All exterior installations must be provided with ground fault circuit interrupters (GFCI).
(9) All outdoor lighting shall be shielded to reduce glare and shall be so arranged to reflect lights away from all adjacent uses.
(10) All lighting shall be placed and shielded so as not to interfere with the visions of persons on adjacent highways or adjacent property.
(11) All outdoor lighting shall be directed toward and confined to ground areas of lawns, pedestrian walkways or parking lots.
(12) Artificial lighting shall be maintained in a manner so as to not constitute a hazard or nuisance.
(13) All light fixtures shall be indicated on the site plan for review during the site plan review process.
(Ord. No. 156-A73, § 1, 3-20-96)
Sec. 19-106. Lot averaging.
The purpose of the lot averaging option is to permit an alternative means for development of land which is zoned single-family residential (i.e. R-1-R, R-1-S and R-1 districts). The intent of the option is to permit the preservation of natural features of a site such as wetlands, woodlands, unusable steep topography or geologic features, (e.g., historic sites, unique vistas). Further, the lot averaging option should be considered only when the township benefits by the protection of natural features, not when it is a hardship on the part of the developers due to environmental constraints (e.g., woodlands, wetlands).
A developer is permitted to vary lot sizes in the R-1-R, R-1-S and R-1 residential districts, provided he or she subdivides the land in accordance with all requirements of the State Subdivision Control Act, Act No. 288 of the Public Acts of Michigan of 1967 (MCL 560.101 et seq.), as amended, or obtains site plan approval for a site condominium project pursuant to all requirements of Act No. 59 of the Public Acts of Michigan of 1978 (MCL 559.101 et seq., MSA 26.50 et seq.), as amended, in order to encourage a more effective approach in the development of single-family residential areas, where a particular property does not reasonably permit a conventional subdivision or a site condominium from complying with underlying zoning without lot averaging due to environmental or other natural resources which are desirable to be protected and preserved as set forth in the statement of purpose for lot averaging.
Under lot averaging, lot sizes and lot widths are regulated as follows:
TABLE INSET:

Lot Size Lot Width
District Minimum Average Minimum (feet) Average (feet)
R-1-R 2 acres 3 acres 165 200
R-1-S 1 acre 1 & 1/2 acres 125 50
R-1 9,600 sq. ft. 11,200 sq. ft. 70 80

In every instance, all residential lots must equal or exceed the minimum lot size lot width required and average lot area, and lot width for all lots within a given development must equal or exceed the average lot width required. In addition, at least 50 percent of all lots must meet the lot size and width standards for the underlying zoning district as set forth in section 19-526, Table A, Schedule of Regulations.
For purposes of computing lot averaging in an R-1-R district, a maximum of four acre lot area and 250-foot lot width for any given lot may be utilized, and in an R-1-S district, a maximum of two acre lot area and 175-foot lot width for any given lot may be utilized. Larger lot areas and greater lot widths may be provided in the respective districts, however, the aforestated limits apply for lot average computation purposes. Paved road surfaces may not be included in lot average computations.
(Ord. No. 156-A81, § 1, 9-15-99)
Sec. 19-107. Residential entranceway structures.
In all residential districts, so called entranceway structures including, but not limited to, walls, columns and entrances marking single-family developments or multiple housing projects may be permitted and may be located in a required yard, except as provided in subsection 19-80(3) for corner clearance, provided that such entranceway structures shall comply to all codes of the township, and be approved by the building official and the fire chief and that a permit is issued.
(Ord. No. 156-A84, § 1, 9-20-00)
Sec. 19-108. Wireless communication facilities.
(a) Intent. It is the general purpose and intent of the township to carry out the will of the United States Congress by authorizing communication facilities needed to operate wireless communication systems. However, it is the further purpose and intent of the township to provide for such authorization in a manner which will retain the integrity of neighborhoods and the character, property values and aesthetic quality of the community at large. In fashioning and administrating the provisions of this section, attempt has been made to balance these potentially competing interests. Recognizing the number of providers to establish and operate wireless communication services and coverage, it is the further purpose and intent of this section to:
(1) Facilitate adequate and efficient provision of sites for wireless communication facilities.
(2) Establish predetermined districts or zones of the number, shape, and in the location, considered best for the establishment of wireless communication facilities, subject to applicable standards and conditions.
(3) Recognize that operation of wireless communication system may require the establishment of facilities in locations not within the predetermined districts or zones. In such cases, it has been determined that it is likely that there will be greater adverse impact upon neighborhoods and areas within the community. Consequently, more stringent standards and conditions should apply to the review, approval and use of such facilities.
(4) Ensure that wireless communication facilities are situated in appropriate locations and relationships to other land uses, structures and buildings.
(5) Limit inappropriate physical and aesthetic overcrowding of land use activities and avoid adverse impact upon existing population, transportation systems, and other public services and facilities needs.
(6) Promote the public health, safety and welfare.
(7) Provide for adequate information about plans for wireless communication facilities in order to permit the community to effectively plan for the location of such facilities.
(8) Minimize the adverse impacts of technological obsolescence of such facilities, including a requirement to remove unused and/or unnecessary facilities.
(9) Minimize the negative visual impact of wireless communication facilities on neighborhoods, community landmarks, historic sites and buildings, natural beauty areas and public rights-of-way. This contemplates the establishment of as few structures as reasonably feasible, and the use of structures which are designed for compatibility, including the use of existing structures. The use of lattice structures because of their increased visibility, as compared to other structures, should be avoided unless all other reasonable options have first been exhausted, taking into consideration the purposes and intent of this section.
(10) The township board of trustees finds that the presence of numerous tower and/or pole structures, particularly if located within residential areas, would decrease the attractiveness and destroy the character and integrity of the community. This, in turn, may have an adverse impact upon property values. Therefore, it is necessary to limit the number of towers and to encourage the use of existing tower and structures to meet wireless transmission communication needs, to minimize the adverse impact from the presence of numerous tower and/or pole structures, having recognized that the absence of regulation would result in a material impediment to the maintenance and promotion of property values, and further recognizing that this economic component is an important part of the public health, safety and welfare.
(b) Definitions. The following definitions shall apply in the interpretation of this section:
Wireless communication facilities shall mean and include all structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving signals. This may include, but shall not be limited to, radio towers, television transmission equipment building and private and commercial mobile radio service facilities. Not included within this definition are: citizen band radio facilities; short wave receiving facilities; radio and television broadcast reception facilities; satellite dishes; federally licensed amateur (ham) radio facilities; and, governmental facilities which preempt municipal regulatory authority.
Attached wireless communication facilities shall mean wireless communication facilities that are affixed to existing structures, such as existing buildings, towers, water tanks, utility poles, steeples and the like. A wireless communication support structure proposed to be newly established shall not be included within this definition.
Wireless communication support structures shall mean structures erected or modified to support wireless communication antennas. Support structures within this definition include, but shall not be limited to, monopoles, lattice towers, light poles, wood poles and guyed towers, or other structures which appear to be something other than a mere support structure.
Colocation shall mean the location by two or more wireless communication providers of wireless communication facilities on a common structure, tower, or building, with the view toward reducing the overall number of structures required to support wireless communication antennas and within the community.
Overlay zone shall mean an additional level of zoning requirements that is superimposed upon existing zoning in specified areas, designated through the rezoning of a parcel of land or a portion thereof.
(c) Authorization.
(1) Subject to the standards and conditions set forth in subsection (d)(1), below, wireless communication facilities shall be a permitted principal use in the following circumstances after the review and approval of the site plan by the planning commission as prescribed in section 19-84 herein:
a. In the following circumstances, a proposal to establish a new wireless communication facility shall be deemed a permitted principal use, to be established subject to and in accordance with the general regulations in subsection (d)(1) below:
1. The location of the proposed wireless communication facility is located within an existing WCF overlay zone.
2. The presence of an existing structure which will serve as an attached wireless communication facility within a nonresidential zoning district, where the existing structure is not, in the discretion of the planning commission, proposed to be either materially altered or materially change in appearance.
3. The intended site for a proposed colocation of a wireless communication facility has been pre-approved for such colocation as part of an earlier approval by the township.
4. The presence of an existing structure which will serve as an attached wireless communication facility and which is proposed to be modified, where the modification of the existing structure, in the discretion of the planning commission, would not materially alter the structure and result in an impairment of sight lines or other safety interests.
(2) A wireless communication facility not permitted as a use under subsection (1) above may be authorized as a special use approval within a wireless communication facilities (WCF) overlay zone. Such a facility is subject to the standards and conditions set forth in subsections (d)(1) and (d)(2) and the review and approval of a site plan by the township board of trustees which shall first follow the holding of a public hearing as prescribed by section 19-562 herein.
(d) General regulations.
(1) Standards and conditions applicable to all facilities.All application for wireless communication 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 the facility is approved, it shall be constructed and maintained with any additional conditions which may be imposed as part of its review process:
a. Facilities shall be located and designed to be harmonious with the surrounding area. Among other things, all reasonable attempts shall be made and thoroughly explored to utilize existing structures on which to place facilities, i.e., to utilize attached wireless communication facilities.
b. Wireless communication facilities shall comply with applicable federal and state standards relative to the environmental effect of radio frequency emissions, as confirmed by submission of certification of compliance by the applicant's licensed engineer. In addition, the applicant's licensed engineer shall submit certification of compliance with the applicable federal and state standards for radio frequency emissions to the township building official on a yearly basis at the anniversary date of site plan approval.
c. Applicants shall demonstrate a justification for the proposed height of the structures and an evaluation of alternative designs which might result in lower heights. Structures which require or are proposed to have high intensity (strobe) lighting shall not be permitted.
d. The following additional standards shall be met:
1. In order to promote land use compatibility with the surrounding area and to prevent visual clutter, all new support structures for wireless communication facilities shall be of monopole construction. All other support structures shall require approval as a special approval use and are subject to the standards and conditions set forth in subsections (d)(1) and (d)(2).
2. The maximum height of the new or modified support structure and antenna shall be less than 200 feet in height, measured from existing grade. This requirement shall not, however, preclude the attachment of antenna to an existing tower of greater height principally used for governmental public safety communication purposes. The accessory building contemplated to enclose such things as switching equipment shall be limited to a maximum height of 15 feet, unless architectural features acceptable to the planning commission justify increased height.
3. The required setback of a new or materially modified support structure from any residential district, existing or proposed rights-of-way or other publicly traveled roads, except where the support structure is proposed within an overlay district, shall be no less than the height of the highest point of the support structure.
4. Where the proposed new or materially modified support structure abuts a parcel of land zoned for a use other than residential, the minimum setback of the structure, and accessory structures, shall be in accordance with the required setbacks for main or principal buildings as provided in the schedule of regulations for the zoning district in which the support structure is located. (See subsection (e)(3), below.)
5. There shall be unobstructed paved access to the support structure and switching equipment, for operation, maintenance, repair and inspection and emergency purposes, which may be provided through or over an easement. This access shall have a width, location and surface type determined by such factors as: the location of adjacent thoroughfares and traffic and circulation within the site; utilities needed to service the tower 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 which will need to access the site.
6. The division of property for the purpose of locating a wireless communication facility is prohibited unless all zoning requirements and conditions are met.
7. Where an attached wireless communication facility is proposed on the roof of a building, if the equipment enclosure is proposed as a roof appliance or penthouse on the building, it shall be designed, constructed and maintained to be an integral design feature of the principal building. The height of roof attached wireless communication facilities shall be limited to 15 feet in height as required per section 19-60. The equipment enclosure may be located within the principal building or in an accessory building. If proposed as an accessory building, it shall be compatible with existing buildings and conform with all the district requirements for principal buildings, including required yard setbacks. For colocation facilities served by an accessory building, there should be a single, architecturally uniform accessory building for all providers.
8. All support structures and attached equipment (i.e. antenna, microwave dishes, etc.) are required to be painted "Michigan Grey." The planning commission shall, in its discretion, with respect to the color of accessory buildings, review and approve so as to minimize distractions, reduce visibility, maximize aesthetic appearance, and ensure compatibility with surroundings. It shall be the responsibility of the applicant to maintain the wireless communication facility in a neat and orderly condition and as dictated by the approved site plan.
9. The support system shall be constructed in accordance with all applicable building codes and ordinances and shall include the submission of a soils report from a geotechnical engineer, licensed in the State of Michigan. This soils report shall include soil borings and statements confirming the suitability of soil conditions for the proposed use. The requirements of the Federal Aviation Administration, Federal Communication Commission, and Michigan Aeronautics Commission shall be noted.
10. A maintenance plan, and any applicable maintenance agreement, shall be presented and approved as part of the site plan for the proposed facility. Such plan shall be designed to ensure long term, continuous maintenance to a reasonable prudent standard.
11. The use of high intensity (strobe) lighting on a wireless communication facility shall be prohibited, and the use of other lighting shall be prohibited absent a demonstrated need.
12. Applications made which do not include the signature of the licensed operator of a wireless communication service at the time of community processing will not be approved.
13. The antenna and other attachments on a wireless communication facility shall be designed and constructed to facilitate minimization of attachments required to operate the facility as intended at the site, both in terms of number and size, and shall be designed and constructed to maximize aesthetic quality.
(2) Standards and conditions applicable to special approval use facilities. Applicants for wireless communication facilities which may be approved by the township board of trustees, following a public hearing, as a special approval use under subsection (c)(2), above, shall be reviewed, and if approved, constructed and maintained in accordance with the standards and conditions in subsection (d)(1), and in accordance with the following standards (also see subsection (f):
a. The applicant shall demonstrate the need for the proposed facility to be located as proposed based upon the presence of one or more of the following:
1. Proximity to an interstate 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 reason(s) creating facility need.
b. The proposal shall be reviewed in conformity with the colocation requirements of this section.
(e) Application requirements.
(1) A site plan prepared in accordance with section 19-84 shall be submitted showing the location, size, screening and design of all buildings and structures, including fences, and location and size of outdoor equipment, and the location, number and species of proposed landscaping.
(2) The site plan shall also include a detailed landscaping plan where the support structure is being placed in a location which is not otherwise developed, or where a developed area will be disturbed. The purpose of landscaping is to provide screening and aesthetic enhancement for the structure base, accessory buildings and enclosure. In all cases, there shall be shown on the plan fencing which is required for protection of the support structure and security from children and other persons who may otherwise access facilities. Fencing shall be a minimum height of six feet, but not exceed a height of eight feet. The use of barbed wire fencing, fencing containing an electrical charge, and similar security fencing is expressly prohibited.
(3) The application shall include as signed certification by a state licensed professional engineer with regard to the manner in which the proposed structure will fall, which certification will be utilized, along with other criteria such as applicable regulations for the district in question.
(4) The application shall include a description of the type and amount of security to be posted at the time of receiving a building permit for the facility to ensure removal of the facility when it has been abandoned or is no longer needed, as provided in subsection (h) below. In this regard, the security shall, at the election of the applicant, be in the form of: (1) cash; (2) surety bond; (3) letter of credit; or, (4) an agreement in a form approved by the attorney for the community and recordable at the office of the county register of deeds. If an approved agreement is used the agreement must provide for the following:
a. That the applicant and owner of the property promise to remove the facility in a timely manner as required under this section of the ordinance, with the further provision that the applicant and owner shall be responsible for the payment of any costs and attorney fees incurred by the community in securing removal.
b. If a financial performance guarantee is used, it shall first be recommended for approval by the planning commission, then approved by the township board of trustees, in an amount determined to be reasonably necessary to ensure its removal.
(5) The application shall include a map showing existing and known proposed wireless communication facilities within the township, further showing existing and known proposed wireless communication facilities within areas surrounding the borders of the township in the location and in the areas which are relevant in terms of potential colocation 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 such information as needed. Any such information which is a trade secret and/or other confidential commercial information which, if released, would result in commercial disadvantage to the applicant, may be submitted with a request for confidentially in connection with the development of government policy MCL 15.243(1)(g). This section shall serve as the promise to maintain confidentially to the extent permitted by law. The request must be prominently stated in order to bring it to the attention of the community.
(6) A maintenance plan and any applicable maintenance agreement as required per subsection (d)(1)d.10.
(7) The name, address and phone number of the person to contact for engineering, maintenance and other notice purposes. This information shall be continuously updated during all times the facility is on the premises.
(8) The application fee, in the amount specified by township board of trustees resolution.
(9) The owner or duly authorized representative of all ownership interest in the land on which the wireless communication facility is proposed to be located shall sign the application. In addition, if a licensed entity intended to be the operator of the facility does not sign the application, approval shall be restricted as provided in the general regulations, above.
(f) Special requirements for facilities proposed to be located in residential areas.
(1) At the time of submittal, the applicant shall demonstrate that location within an existing WCF overlay zone cannot reasonably meet the coverage and capacity needs of the applicant.
(2) Wireless communication facilities shall be of design such as (without limitation) a steeple, bell tower, or other similar form, which is compatible with the existing character of the proposed site, neighborhood and general area, as approved by the planning commission.
(3) In the R-1-R, R-1-S, R-1, R-2 and R-3 districts, site locations above, may only be permitted on the following sites (not stated in order of priority), subject to application of all other standards contained in this section:
a. Municipally owned sites.
b. Other governmentally owned sites.
c. Religious or other institutional site.
d. Public park and other large permanent open space areas when compatible.
e. Public or private school site.
(g) Colocation.
(1) Statement of policy. It is the policy of the community to minimize the overall number of locations for wireless communication support structures within the community and encourage the use of existing structures for attached wireless communication facility purposes, consistent with the statement of purpose and intent set forth in subsection (a) of this section above.
(2) Feasibility of colocation. Colocation shall be deemed to be "feasible" for purposes of this section where all of the following are met:
a. The wireless communication provider entity under consideration for colocation will undertake to pay market rent or market compensation of colocation.
b. The site on which colocation is being considered, taking into consideration reasonable modification or replacement of a facility is able to provide structural support.
c. The colocation being considered is technologically reasonable, e.g., the colocation will not result in unreasonable interference, given appropriate physical and other adjustment in relation to the structures, antennas, and the like.
d. The height of the structures necessary for colocation will not be increased beyond a point deemed to be permissible by the planning commission taking into consideration the several standards contained in subsections (d) and (f) of this section above.
(3) Requirements for colocation.
a. A special approval use permit for the construction and use of a new wireless communication facility shall not be granted unless and until the applicant demonstrates that a feasible colocation is not available for the coverage area and capacity needs.
b. All new and modified wireless communication facilities shall be designed and constructed so as to accommodate colocation.
c. The policy of the community is to promote colocation. Thus, if a party who owns or otherwise controls a wireless communication facility shall fail or refuse to alter a structure so as to accommodate a proposed and otherwise feasible colocation, 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.
d. If a party who owns or otherwise controls a wireless communication facility shall fail or refuse to permit a feasible colocation, and this requires the construction and use of a new wireless communication support structure, the party failing or refusing to permit a feasible colocation shall be deemed to be in direct violation and contradiction of the policy, intent and purpose of the community. Consequently, such party shall take responsibility for the violation and shall be prohibited from receiving approval for a new wireless communication support system within the community for a period of five years from the date of the failure or refusal to permit the colocation. Relief from this five-year prohibition may be granted or refusal to permit the colocation. Relief from this five-year prohibition may be granted by the board of appeals providing that the applicant, to the satisfaction of the board of appeals, demonstrates that enforcement of the five-year prohibition would be an unreasonable discrimination among providers of functionally equivalent wireless communication services, or, that such enforcement would have the effect of prohibiting the provision of personal wireless communication services.
(h) Removal.
(1) A condition of every approval of a wireless communication facility shall be adequate provision for removal of all or part of the facility including paved access drives by users and owners upon the occurrence of one or more for the following events:
a. When the facility has not been used for more than 180 consecutive days. 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, for purposes of this section, as the beginning of a period of nonuse.
b. Six months after new wireless communication technology is available at reasonable cost, as determined by the township board of trustees, where the operation of the communication system can be maintained without the requirement of the support structure.
(2) The situations in which removal of a facility is required, as set forth in subsection (1) above, may be applied and limited to portions of a facility.
(3) Upon the occurrence of one or more of the events requiring removal, specified in subsection (1) above, the property owner or person who had used the facility shall immediately apply or secure the application for any required demolition or removal permits and immediately proceed with and complete the demolition/removal, restoring the premises to an acceptable condition as determined by the township building official. Removal of the top six feet of the concrete foundation and backfilling with acceptable clean fill shall be part of any demolition plan.
(4) If the required removal of a facility, or a portion of the facility, has not been lawfully completed within 60 days of the applicable deadline, and after at least 30 days' written notice, the community may remove or secure the removal of the facility or required portions thereof, with its actual cost and reasonable administrative charge to be drawn, collected or enforced from the security posted at the time application was made or a lien may be placed on the property to cover the cost of removal of the facility. A lien on the property by the township shall be superior to all other liens except taxes.
(5) The person who had used the facility shall immediately notify the Milford Township Clerk in writing if, and as soon as, use of a facility ceases.
(i) Effect and approval.
(1) Subject to the following subsection (2), final approval under this section shall be effective for a period of six months.
(2) If construction of a wireless communication facility is commenced within one mile of the land on which another similar facility has been approved, but on which construction has not started within the six-month period of site plan effectiveness, the approval for the similar facility shall be void 30 days, following notice from the community of the commencement of the other facility unless the applicant granted approval of the similar facility which has not been commenced demonstrates that it would not be feasible for it to colocate on the facility that has been newly commenced.
(Ord. No. 156-A97, § 1, 10-17-01)
Secs. 19-109--19-125. Reserved.
DIAGRAM A (See section 19-85(b)(5))
DIAGRAM A-A (See section 19-80(3) and section 19-85(e)(1))
DIAGRAM B (See section 19-85(f)(1))
DIAGRAM C (See section 19-85(f)(2)a.)
DIAGRAM D (See section 19-85(f)(2)b.)
ARTICLE IV. NONCONFORMANCE
Sec. 19-126. Continuance restricted.
(a) Within the districts established by this chapter there exist:
(1) Lots,
(2) Structures,
(3) Uses of land and structures, and
(4) Characteristics of use;
which were lawful prior to March 23, 1971, it is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
(b) Nonconforming uses are declared by this chapter to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of structure and land in combination shall not be extended or enlarged after March 23, 1971, by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses, the nature of which would be prohibited in the district involved.
(Ord. No. 101, 3-23-71)
Sec. 19-127. Certificate of occupancy.
(a) At any time after March 23, 1971, should the township become aware of a nonconforming use, the owner of such nonconforming use shall be notified by the zoning administrator of the provisions of this article that his property constitutes a nonconforming use.
(1) Within 30 days after receipt of such notice, the owner shall apply for and be issued a certificate of occupancy for the nonconforming use. The application of such certificate shall designate the location, nature and extent of the nonconforming use and such other details as may be necessary for the issuance of the certificate of occupancy.
(2) If the owner of a nonconforming use fails to apply for a certificate of occupancy within 30 days after receipt of the foregoing notice, the use ceases to be nonconforming and is hereby declared to be in violation of this chapter. The zoning administrator and the township attorney shall take appropriate action to enjoin such violation.
(b) If the zoning administrator shall find, upon reviewing the application for a certificate of occupancy, that the existing use is illegal or in violation of any other ordinance or law or if he finds that the building for which the certificate is requested has been constructed or altered for the existing use or any other use without full compliance with the building code or this chapter in effect at the time of construction or alteration, he shall not issue the certificate of occupancy but shall declare such use to be in violation of this chapter.
(c) The certificate of occupancy issued by the zoning administrator for nonconforming use shall state the use may be continued for a period of 12 months. The certificate of occupancy may be renewed.
(d) After March 23, 1971, or the date of adoption of any amendments to this chapter, the building inspector shall prepare a record of all known nonconforming uses and occupations of lands, buildings and structures, including tents and trailer coaches, existing at the time of such ordinance or amendment. Such record shall contain the names and addresses of the owners of record of such nonconforming use and of any occupant, other than the owner, the legal description of the land, and the nature and extent of use. Such list shall be available at all times in the office of the township clerk.
(Ord. No. 101, § 5.01, 3-23-71)
Sec. 19-128. Lots of record (substandard lots).
(a) Any lot which was of record on March 23, 1971, that does not meet the requirements for lot size and open space established for the zoning district in which the lot is located, may be utilized for single-family residences in zones permitting this use, provided that for lots located in a R-1 district the lot size and open space provisions are within 75 percent of the chapter requirements, and for lots located in a R-1-R or R-1-S district, the lot size and open space provisions are within 67 percent of the chapter requirements. However, compliance with the following restrictions is also required:
(1) Where vacant lots have in the aggregate a continuous frontage on the same side of a street of 200 feet or more regardless of ownership, the requirements for lot size and open space for residential uses may not be reduced.
(2) The minimum front yard requirements may not be reduced.
(3) No individual side yard may be less than that required under article XIX for the zoning district wherein the lot is located.
(b) The purpose of this section is to permit the utilization of recorded lots which lack required lot size and open space as long as reasonable standards can be provided. However, where substandard lots of record are located in other than residential zoning districts, their utilization for a use permitted in the zoning district wherein the lot or lots are located may be subject to approval by the board of appeals as constituting a physical hardship involving unusual circumstances that render the property unusable.
(Ord. No. 101, § 5.02, 3-23-71)
Sec. 19-129. Structures.
Where a lawful structure exists on March 23, 1971, that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, its location on the lot or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1) No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.
(2) Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than 50 percent of its state equalized valuation at time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter. Notwithstanding anything heretofore required, this regulation does not apply to single-family residential structures on parcels of record located in an R-1-R or R-1-S district, which had a site area of at least one acre on March 23, 1971, and which in building, rebuilding or reconstruction meet all other requirements of the R-1-R or R-1-S district, whichever is applicable, as regards lot coverage, height, yards and other dimensional requirements.
(3) Should such structure be moved for any reason whatever, it shall hereafter conform to the regulations for the district in which it is located after it is moved.
(Ord. No. 101, § 5.03, 3-23-71)
Sec. 19-130. Uses of land.
Where, on March 23, 1971, lawful use of land exists which would not be permitted by the regulations imposed by this chapter, and where such use involves no individual structure with a state equalized valuation exceeding $500.00, the use may be continued so long as it remains otherwise lawful, provided:
(1) No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied on March 23, 1971, or the effective date of amendment of this chapter.
(2) No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use on March 23, 1971, or the effective date of amendment of this chapter.
(3) If any such nonconforming use of land ceases for any reason for a period of more than six months any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
(4) No additional structure not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land.
(Ord. No. 101, § 5.04, 3-23-71)
Sec. 19-131. Uses of structures.
If lawful use involving individual structures with a state equalized valuation of $500.00 or more or of structure and premises in combination exists on March 23, 1971, that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1) No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
(2) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use on March 23, 1971, or at the time of amendment of this chapter, but no such use shall be extended to occupy any land outside such building.
(3) If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use provided that approval is secured from the board of appeals and that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. Whenever a nonconforming use has been changed to a conforming use, or to a use permitted in a district of greater restriction, it shall not thereafter be changed to a nonconforming use.
(4) When a nonconforming use a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months or for 18 months during any three-year period, the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.
(5) Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction, for the purpose of this section, is defined as damaged to an extent of more than 50 percent of the assessed value at time of destruction.
(Ord. No. 101, § 5.05, 3-23-71)
Sec. 19-132. Repairs and maintenance.
(a) On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding 20 percent of the current state equalized valuation of the nonconforming structure or nonconforming portion of the structure as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased.
(b) If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by the zoning administrator to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulation of the district in which it is located.
(c) Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by the zoning administrator.
(Ord. No. 101, § 5.06, 3-23-71)
Sec. 19-133. Buildings damaged by fire, etc.
Any nonconforming use or nonconforming building which has been destroyed or damaged by fire, explosion, act of God, or by public enemy to the extent of 100 percent of its state equalized valuation, exclusive of the foundation at the time such damage occurred, shall thereafter be made to conform with the provisions of this chapter. Where such destruction or damage has occurred, removal of the nonconforming use of a building also shall eliminate the nonconforming use status of the land on which such building is located. If such damage is less than 100 percent of its state equalized valuation before such damage occurred, exclusive of the foundation, then such structure may be restored to the same nonconforming use or nonconforming building as existed before such damage, provided that such restoration shall be subject to the approval of the board of appeals. Such restoration shall be commenced within one year of the date of such partial destruction and shall be diligently carried on to completion.
(Ord. No. 101, § 5.07, 3-23-71)
Sec. 19-134. Change of tenancy or ownership.
There may be a change in tenancy, ownership or management of an existing nonconforming use, provided there is no change in the nature or character of such nonconforming use.
(Ord. No. 101, § 5.08, 3-23-71)
Secs. 19-135--19-155. Reserved.
ARTICLE V. OFF-STREET PARKING AND LOADING REQUIREMENTS
Sec. 19-156. Parking requirements.
In all zoning districts, off-street parking facilities for the storage and parking of self-propelled motor vehicles for the use of occupants, employees and patrons of the buildings hereafter erected, altered or extended after March 23, 1971, shall be provided as prescribed in this article. Such space shall be maintained and shall not be encroached upon so long as such main building or structure remains unless an equivalent number of such spaces are provided elsewhere in conformance with this article.
(1) Area for parking space. For the purpose of this section, 300 square feet of lot area shall be deemed a parking space for one vehicle, including access aisle, except that 180 square feet of lot area which has a direct means of ingress and egress from an alley or street may also be deemed a parking space.
(2) Fractional requirements. When units or measurements determining number of required parking spaces result in requirement of a fractional space, any fraction up to, and including one-half be disregarded and fractions over one-half shall require one parking space.
(3) Location of parking space for one- and two-family dwellings. The off-street parking facilities required for one- and two-family dwellings shall be located on the same lot or plot ground as the building they are intended to serve, and shall consist of a parking strip, parking apron and/or garage.
(4) Location of parking space for other land uses. The off-street parking facilities required for all other uses shall be located on the lot or within 500 feet of the permitted uses requiring such off-street parking, such distance to be measured along lines of public access to the property between the nearest point of the parking facility to the building to be served. In the R-2, RO-1, M-1 and M-2, C-1 and C-2 districts the front setback area shall remain as open space unoccupied and unobstructed from the ground upward, except for landscaping, plant materials or vehicle access drives.
(5) Seating capacity of seats. As used in this article for parking requirements, seats shall mean that each 24 inches of seating facilities shall be counted as one seat, except that where specifications and plans filed with the zoning administrator specify a certain seating capacity for a particular building, such specified seating capacity shall be used as the basis for required parking space.
(6) Similar uses and requirements. In the case of a use not specifically mentioned, the requirements of off-street parking facilities for a use which is so mentioned, and which such use is similar, shall apply.
(7) Protective screening. Whenever off-street parking facilities abut a residential district, a masonry obscuring wall of not less than five feet in height and not more than six feet in height shall be provided.
(8) Existing off-street parking. Off-street parking existing on March 23, 1971, which serves an existing building or use, shall not be reduced in size less than that required under the terms of this article.
(9) Collective provisions. Nothing in this section shall be construed to prevent collective provisions of off-street parking facilities for two or more buildings or uses, provided

such facilities collectively shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with the table under section 19-157.
(10) General use conditions. Except when land is used as storage space in connection with the business of a repair or service garage, a 24-hour time limit for parking in off-street parking areas shall prevail, it being the purpose and intention of the foregoing that the requirements of maintaining vehicle storage or parking space is to provide for the public safety in keeping parked cars off the streets, but such requirement is not designed to or intended to provide, and it shall be unlawful to permit the storage or parking on such open land of wrecked or junked cars, or for creating a junk yard or a nuisance in such area.
(11) Restriction on parking on private property. It shall be unlawful for any person to park any motor vehicle on any private property, or use of such private property for vehicle storage, or use any portion of any private property as parking space, without the expressed or implied consent, authorization or ratification of the owner, holder, occupant, lessee, agent or trustee of such property. Complaint for the violation of this section shall be made by the owner, holder, occupant, lessee, agent or trustee of such property.
(12) Joint use. Parking spaces already provided to meet off-street parking requirements for theater, stadiums, auditoriums, and other places of public assembly, stores, office buildings and industrial establishments, lying within 500 feet of a church as measured along lines of public access, and that are not normally used between the hours of 6:00 a.m. and 6:00 p.m. on Sundays and that are made available for other parking, may be used to meet not more than 50 percent of the off-street parking requirements of a church.
(13) Landscaped islands. Islands shall be provided to aid in traffic flow, control speeds and break up the visual monotony of parking lots. The ratio of island space shall be a minimum of 150 square feet of island space per every ten parking spaces. Landscaped islands shall be curbed, designed to protect landscaping from damage by vehicles, be a minimum of 300 square feet and maximum of 600 square feet in an area, be a minimum of eight feet in width per tree proposed, and be distributed throughout the parking lot. A minimum of one tree per section 19-85(c)(3) or (4) shall be provided per each 300 square feet required. All islands shall be planted and maintained with landscape materials and kept free of debris per the approved landscape plan. Each landscape island shall be provided with an irrigation system. All island areas are to have four inches to six inches of topsoil and are to be crowned six inches higher than the adjacent curb or walks after any settling of the earth. Shredded hardwood bark and deciduous or evergreen shrubs, perennials, bulbs or annual flowers or ornamental grasses that reach a mature height of over 30 inches maximum may be used in the islands so that a clear area of visibility occurs. Deciduous trees may be used if the first branches are trimmed up to 36 inches. No evergreen trees or types of rock mulch may be used. Fire hydrants shall be kept clear of obscuring plant materials. Alternative designs to this requirement may be approved where the planning commission finds the proposed design as an acceptable alternative upon evaluation of the landscape plan.
(Ord. No. 101, § 6.01, 3-23-71; Ord. No. 156-A71, §§ 5, 6, 4-19-95)
Sec. 19-157. Table of requirements.
The amount of required off-street parking space for new uses or buildings, additions thereto and additions to existing buildings as specified above shall be determined in accordance with the following table, and the space so required shall be stated in the application for a building permit and shall be irrevocably reserved for such use and/or shall comply with the initial part of this section.
TABLE INSET:

Use Required Number of Parking Spaces Per Each Unit of Measure
as Follows:

1. Auditoriums, assembly halls and theaters 1 2 seats based upon maximum seating capacity in the main place of assembly therein, plus 1 space for every 2 employees.
2. Banks (other than drive-in type), business or professional offices of lawyers, architects, engineers, or similar or allied professions 1 200 square feet of usable floor area.
3. Barber shops 3 Each barber.
4. Beauty parlors 4 Each beauty shop operator.
5. Bowling alleys 8 Each bowling lane.
6. Churches 1 2 seats, based on maximum seating capacity in the main place of assembly therein.
7. Dance halls, exhibition halls, pool and billiard halls, skating rinks, lodge halls, assembly halls without fixed seats 1 Each 3 persons based upon maximum occupancy as established by local, county, or state fire, building or health code, or 40 square feet of usable floor area, whichever is greater.
8. Drive-in banks 4 Each teller window.
9. Drive-in establishments, drive-in restaurants 1 25 square feet of usable floor space, with a minimum of 40 parking spaces.
10. Elementary schools, junior high schools, senior high schools 1 2 teachers, employees or administrators and also 1 space for each 10 students in senior high school, in addition to the requirements of the auditorium or assembly hall therein.
11. Establishments other than drive-in establishments or drive-in restaurants, in which is conducted the sale and consumption on the premises of beverages, food or refreshments 1 Each 3 persons based upon maximum occupancy as established by local, county or state fire, building or health code, or 100 square feet of usable floor area and 1 space for each employee, whichever is greater.
12. Furniture, appliances, and household equipment repair shops; showroom of a plumber, decorator, electrician or similar trade; clothing and shoe repair, laundry, motor vehicle salesroom, hardware stores, wholesale stores and machinery sales 1 800 square feet of usable floor area, exclusive of the usable floor area occupied in processing or manufacturing for which requirements, see industrial establishments below, plus 1 space for the owner or management, plus 1 space for each two employees.
13. Golf courses 1 Each 2 employees and/or management personnel, plus 1 space for every 500 square feet of usable floor area in the club house, plus a minimum of 10 parking spaces per hole on the golf course.
14. Hospitals 1 2 beds.
15. Hotels, tourist homes, motels 1 Guest bedroom.
16. Industrial establishments 1 2 employees computed on the basis of the greatest number of persons employed at any one period during the day or night or 550 square feet of floor space, whichever is greater.
17. Warehouse and storage buildings 1 1 employee computed on the basis of the greatest number of persons employed at any one period during the day or night, or 1 space for every 1,700 square feet of floor space, whichever is greater.
18. Laundromat and/or dry cleaning center 1 Every 2 washing machines.
19. Libraries and museums 1 200 square feet of floor space.
20. Mortuary establishments, funeral homes 1 50 square feet of floor space in the slumber rooms, parlors or individual funeral service rooms.
21. Motor vehicle car wash
a. Self-service operation 4 Each motor vehicle wash establishment.
b. Other than self-service operation 8 Each car wash establishment plus 1 for each employee.
22. Private clubs, fraternities 1 2 beds, plus 2 additional spaces for owner, management and/or service employees.
23. Professional offices of doctors and dentists 1 100 square feet of usable floor area.
24. Residential, single or two-family dwelling 2 Each dwelling unit.
25. Residential-multiple dwelling on a nonrental basis 2.5 Every 1 dwelling unit.
26. Retail store, except as otherwise specified herein 1 150 square feet of usable floor space.
27. Sanitariums, homes for the aged, convalescent homes, children's homes 1 2 beds.
28. Service garages, auto salesrooms, auto repair, collision or bumping shops 1 800 square feet of usable floor area, plus 1 space for each 2 employees computed on the basis of the maximum number of employees on duty at any time, plus 1 space for each of the owners and/or management on duty at any time, plus 2 spaces for each stall in a collision bumping or painting shop, plus 1 space for each stall or service area or water rack in a servicing or repair shop.
29. Stadiums and sports arenas 1 4 seats or 8 feet of benches.
30. Mobile home parks 2 Each mobile home site and 1 for each employee of such park.
31. Laundromats and coin-operated dry cleaners 1 Each 2 washing or dry cleaning machines.
32. Automobile service 2 Each lubrication stall or rack and 1 for each gasoline pump.
33. Pre-schools, nursery schools, day nurseries, child care centers, and private elementary including Montessori schools, operated for a profit or nonprofit 1 Each 350 square feet of usable floor space, plus 1 space for each faculty member, employee or owner, plus 3 passenger vehicle spaces for loading and unloading of children.
34. Junkyards, salvage yards 1 Each owner or manager, plus 1 space for each employee, plus 1 space for customer parking for each one half acre for the first 5 acres of the property, plus an additional space for each additional 5 acres or part thereof.

(Ord. No. 101, § 6.02, 3-23-71)
Sec. 19-158. Layout and design.
Plans for the layout of off-street parking lots shall comply with the following minimum requirements:
TABLE INSET:

Pattern Maneuvering Lane Width Parking Space Width Parking Space Length Total Width of One Tier of Spaces Plus
Maneuvering
Lane Total Width of Two Tiers of Spaces Plus
Maneuvering
Lane
0° (Parallel Parking) 12 ft. 8 ft. 23 ft. 20 ft. 28 ft.
45° 12 ft. 9 ft. 18.5 ft. 33 ft. 47 ft.
60° 16 ft. 9 ft. 18.5 ft. 35 ft. 54 ft.
90° 26 ft. 9 ft. 18.5 ft. 44.5 ft. 63 ft.

(Ord. No. 101, § 6.03, 3-23-71; Ord. No. A20, § 1, 8-12-81)
Sec. 19-159. Off-street loading requirements.
(a) On the same premises with every building structure, or part thereof, erected and occupied for manufacturing, storage, warehouse, goods display, department store, wholesale, market, hotel, hospital, convalescent home, mortuary, laundry, dry cleaning or other uses similarly involving the receipt or distribution of vehicles, material or merchandise, there shall be provided and maintained on the lot adequate space for standing, loading and unloading services in order to avoid undue interference with public use of the streets, alleys or any required access for off-street parking areas.
(b) Such loading and unloading space, unless adequately provided for within a building, shall be an area ten feet by 50 feet, within 14-foot height clearance, and shall be provided according to the following schedule:
TABLE INSET:

Gross Floor Area
in Square Feet Loading and Unloading Spaces Required
in Terms of Square Feet of Gross Floor Area

0 to 2,000 None.
2,000 to 20,000 1 space.
20,000 to 100,000 1 space plus 1 space for each 20,000 square feet in excess of 20,000 square feet.
100,000 to 500,000 5 spaces plus 1 space for each 40,000 square feet in excess of 100,000 square feet.
Over 500,000 15 spaces plus 1 space for each 80,000 square feet in excess of 500,000 square feet.

(Ord. No. 101, § 6.04, 3-23-71)
Sec. 19-160. Off-street parking construction and operation.
(a) The construction of any parking lot shall be in accordance with the requirements of the building code and the provisions of this chapter and such construction shall be completed and approved by the zoning administrator and the township engineer before actual use of the property as a parking lot. Plans for the development of any parking lot must be submitted to the zoning administrator, prepared at a scale of not less than 50 feet equals one inch and indicating existing and proposed grades, drainage, water mains and sewers, surfacing and base materials to be used and layout of the proposed parking lot. The plans are to be prepared in a presentable form by person or persons competent in such work.
(b) All such parking lots shall be hard-surfaced with a pavement having an asphalt or concrete binder, and shall be graded and drained so as to dispose of surface water which might accumulate within or upon such area. No surface water from such parking area shall be permitted to drain onto adjoining private property.
(c) All illumination for or on such parking lots shall be deflected away from adjacent residential areas and shall be installed in such manner as to allow the reduction of the amount of light in other than normal parking hours each day. The source of illumination in all parking lots abutting a residential area shall not be more than 13 feet above the parking lot surface.
(d) Side yards shall be maintained for a space of not less than six feet between the side lot lines of adjoining residential lots and the parking area. The depth of the front yard or setback line from the street as established for houses in any block in any given residential area shall be continued and made applicable to parking space in such residential area and it shall be unlawful to use the space between such setback line and the sidewalk for the parking of motor vehicles.
(e) Adequate ingress and egress to the parking lot by means of clearly limited and defined drives shall be provided for vehicles and shall not be less than 24 feet in width at the right-of-way line. Interior driveways shall also be clearly defined and not less than 15 feet wide for one-way traffic respectively.
(f) Wheel chocks shall be provided, so located as to prevent any vehicle from projecting over the lot line.
(g) Except for parallel parking, all parking spaces shall be clearly striped with double lines 24 inches apart to facilitate movement and to help maintain an orderly parking arrangement.
(Ord. No. 101, § 6.05, 3-23-71; Ord. No. A20, § 1, 8-12-81)
Secs. 19-161--19-180. Reserved.
ARTICLE VI. R-1-R, RURAL RESIDENTIAL DISTRICT
Sec. 19-181. Statement of purpose.
The R-1-R, rural residential district is established as a district in which the principal use of land is for single-family dwellings on large lots that provide a rural atmosphere. Other uses are permitted subject to conditions to ensure they may be compatible with residential uses.
(Ord. No. A59, § II, 7-17-91)
Sec. 19-182. Permitted principal uses.
The following uses are permitted in an R-1-R district:
(1) Single-family dwellings.
(2) Single-family dwellings related to agricultural operations.
(3) Farm buildings (e.g., barns, sheds).
(4) Agricultural uses including substantially undeveloped land devoted to the production of plants and animals useful to man, such as forages and sod crops, grains and feed crops, dairy and dairy products, livestock, including breeding and grazing, fruits, vegetables, Christmas trees and other similar uses and activities.
(5) Cemeteries, township government buildings and uses, public utility buildings and uses.
(6) Private garages used primarily for the storage of self-propelled vehicles for the use of occupants of a residence on the same lot on which the garage is located. The foregoing definition shall not preclude the permitted storage of one commercial vehicle per residence if located behind the rear building line, is duly licensed and is owned and operated by the resident of the lot, provided there is a minimum of three acres for the lot.
(7) Home occupations as limited and defined at section 19-2.
(8) Off-street parking in accordance with article VI.
(Ord. No. A59, § II, 7-17-91)
Sec. 19-183. Accessory uses.
The following accessory uses are permitted in an R-1-R district:
(1) Accessory buildings, structures and uses, except boathouses, customarily incidental to any of the above uses when located on the same premises. Accessory buildings for the housing of fowl or animals shall be located not less than 25 feet from any lot line and not less than 100 feet from any dwelling on the lot.
(2) Private swimming pools, exclusively for use of residents and their guests, in accordance with section 19-88.
(3) One temporary building for the sale of the produce raised on the premises by the proprietor or his family. This building shall be located not less than 25 feet from the street or highway right-of-way line; it shall be of portable construction; and it shall be removed from its roadside location during the season that it is not in use as a roadside produce market. In addition, space for parking for the patrons of such roadside produce market shall be provided off the street or highway right-of-way.
(4) Signs in accordance with section 19-79. In addition, one temporary sign for advertising sale of agricultural produce is permitted. Such sign shall not exceed 12 square feet in area and shall be removed from its roadside location during the season that it is not in use. Such sign shall be set back at least ten feet from the highway right-of-way.
(5) Personal use heliports in accordance with section 19-100.
(Ord. No. A59, § II, 7-17-91)
Sec. 19-184. Permitted uses after special approval.
The following uses shall be permitted in the R-1-R district subject to the conditions hereinafter specified and subject to requirements of section 19-564 and section 19-84.
(1) Truck gardening, tree farms and plant nurseries provided that no commercial landscaping business, lawn maintenance service or retail sale of trees, shrubs, flowers or lawn/patio furniture occurs on site other than as permitted at section 19-85. A minimum ten acre site is required.
(2) Commercial apiaries (bee keeping).
(3) Dog kennels subject to standards at section 19-97.
(4) Churches, in accordance with requirements at section 19-87.
(5) State licensed residential facilities in accordance with procedures specified at section 19-232.
(6) Bed and breakfast options as regulated at section 19-102.
(7) Pre-schools, nursery schools, day nurseries, child care centers, including Montessori schools, and other parochial, private and other schools operated for a profit or nonprofit but not including dormitories; provided that the following are met:
a. Have primary means of ingress and egress directly on a major thoroughfare having or planned to have (pursuant to footnote "o" of article XIX) a right-of-way of 120 feet.
b. Minimum site size shall be three acres.
c. Only one principal building shall be permitted on site which may be used either as a school facility or as a combined school and residence for the person operating the school. In either case the building shall be designed in the character of a residence and shall be in harmony with adjacent residences in the surrounding neighborhood. Any building used in whole or in part for school purposes shall be located not less than 75 feet from any adjacent property line.
d. Except for public schools, that for each child so cared for, being in total of not more than 45 children on the premises at any one time, in addition to those in the family of the occupant if occupant lives on the premises, there is provided and maintained a minimum of at least 150 square feet of outdoor play area.
e. Play space for any school shall have a total minimum area of not less than 5,000 square feet.
f. Such play area shall not be located closer than 50 feet to any adjoining property line and within said yard space there shall be provided a greenbelt planted with plant materials in accordance with section 19-85, and shall include a continuous fence not in excess of six feet or less than four feet in height.
g. The required front yard setback shall remain as open space unoccupied and unobstructed from the ground upward and shall not be used for off-street parking or outdoor playground space, except that landscaping, plant materials, sidewalks and vehicular access drives are permitted.
h. Where a parking lot is provided, a greenbelt planted with plant materials in accordance with section 19-158, shall be provided along all sides of the parking area except for entrance and exit driveways.
(8) A veterinarian clinic for large animals, such as horses and other equine animals, cattle and other livestock, but not including small animals such as dogs, cats, birds and the like, provided that any such clinic is:
a. Located on a tract of land of not less than ten acres where the "permitted principal use" is either a single-family farm dwelling related to agricultural operations or a single family dwelling. Residential dwelling must be erected prior to, or simultaneously with, the proposed veterinary clinic for large animals.
b. No structure containing treatment rooms or stalls for large animals shall be located closer than 200 feet to any property line.
c. All fencing must be a minimum of ten feet from the property line if it is to contain animals. Any enclosures for animal use must consist of adequate fencing material to properly restrain animals. All such enclosures must be double-fenced along the property lines with a minimum of ten feet between the two rows of fencing. The outside fencing must be placed directly on the property line, thus allowing the actual enclosure to be the required ten feet from the property line.
d. The clinic building shall be constructed of wood, brick, aluminum siding, or other aesthetically pleasing materials to be compatible with the residential character of the area.
e. Waste materials are to be removed as often as necessary to maintain an aesthetically pleasing environment. Any waste material held must be stored in a closed, self-contained space such as a dumpster, to prevent odor build-up.
f. An indoor stall, minimum ten feet by ten feet in size, must be provided for each animal patient kept on the premises.
g. The clinic facilities are not to be used for boarding purposes. All large animals on the premises must be under acute veterinary treatment, observation or care.
h. A clinic facility shall have direct access from a county road.
(9) Public, parochial or other private elementary, intermediate or high schools.
a. The site shall be adjacent to a primary thoroughfare, as defined by the township in article XIX, footnote "o" (1), (2) of this chapter and all ingress and egress shall be limited to and directly upon such thoroughfare.
b. Buildings exceeding 25 feet in height shall be permitted, provided the front, side and rear yard setbacks are increased one foot for each foot the building exceeds 25 feet.
c. A continuous and uninterrupted masonry obscuring wall of at least four feet in height shall be provided along sides of the off-street parking area when adjacent properties are zoned residential.
d. A minimum site of three acres shall be provided.
e. The front setback area shall remain as open space unoccupied and unobstructed from the ground upward except for landscaping, plant materials or vehicular access drives.
(Ord. No. 101-A63, 10-16-91; Ord. No. 101-A-64, §§ 1, 4, 9-15-93)
Sec. 19-185. Site plan review.
For all uses permitted in an R-1-R district, other than single-family detached residences and accessory buildings, structures, and uses thereto there must be site plan review as required under section 19-84.
(Ord. No. A59, § II, 7-17-91)
Sec. 19-186. Density, area, height, bulk, placement requirements.
The density, area, height, bulk and placement requirements for the R-1-R district shall be in accordance with the schedule of regulations in article XIX.
(Ord. No. A59, § II, 7-17-91)
Secs. 19-187--19-205. Reserved.
ARTICLE VII. R-1-S, SUBURBAN RESIDENTIAL DISTRICT
Sec. 19-206. Statement of purpose.
The R-1-S, suburban residential district is intended as a district primarily for single-family homes on large lots which need not require urban services such as municipal water supply or sewerage.
(Ord. No. 101, § 8.01, 3-23-71)
Sec. 19-207. Permitted principal uses.
The following uses are permitted in an R-1-S district:
(1) Any principal use permitted in the R-1 single-family residential district.
(2) Home occupations, as limited and defined in section 19-2.
(3) Accessory buildings and uses customarily incidental to the above permitted principal uses.
(4) Keeping and raising of horses, cattle, fowl, rabbits or other small animals and accessory buildings to house same provided they are so housed and fenced as not to become a nuisance and the requirements of section 19-97 are complied with, provided such buildings are located no closer than 25 feet to any property line, are located behind the rear building line of the principal building on the lot and are located no closer than 100 feet from any principal building. A suitable fence or other enclosure shall be erected around the outdoor premises used for horses, cattle, fowl, rabbits or other small animals. There shall be no obnoxious odors, flies or other nuisances caused by the keeping of livestock or fowl.
(5) Personal use heliports in accordance with section 19-100.
(6) Signs in accordance with section 19-79.
(7) Private garage, used primarily for the storage of self-propelled vehicles for the use of the occupants of a lot on which such building is located. The foregoing definition shall not be construed to permit the storage on any one lot, for the occupants thereof, of not more than one commercial vehicle not exceeding a rated capacity of one ton.
(8) Township government buildings.
(Ord. No. 101, § 8.03, 3-23-71; Ord. No. A21, § II, 3-31-82; Ord. No. A41, § 1, 11-18-87)
Sec. 19-208. Permitted uses after special approval.
The following uses shall be permitted in the R-1-S district subject to the conditions hereinafter specified and subject to requirements of section 19-564 and section 19-84.
(1) Preschools, nursery schools, day nurseries, child care centers, including Montessori schools, operated for profit or nonprofit but not including dormitories; provided that the following conditions are met:
a. Have primary means of ingress and egress directly on a major thoroughfare having or planned to have (pursuant to footnote "o" of article XIX) a right-of-way of 120 feet.
b. Minimum site size shall be three acres.
c. Only one principal building shall be permitted on site which may be used either as a school facility or as a combined school and residence for the person operating the school. In either case the building shall be designed in the character of a residence and be in harmony with adjacent residences in the surrounding neighborhood. Any building used in whole or in part for school purposes shall be located not less than 75 feet from any adjacent property line.
d. That for each child so cared for, being in total of not more than 45 children on the premises at any one time, in addition to those in the family of the occupant lives on the premises, there is provided and maintained a minimum of at least 150 square feet of outdoor play area.
e. Such play space shall have a total minimum area of not less than 5,000 square feet.
f. Such play area shall not be located closer than 50 feet to any adjoining property line and within said yard space there shall be provided a greenbelt planted with plant materials in accordance with section 19-85, and shall include a continuous fence not in excess of six feet or less than four feet in height.
g. The required front yard setback shall remain as open space unoccupied and unobstructed from the ground upward and shall not be used for off-street parking or outdoor playground space, except that landscaping, plant materials, sidewalks and vehicular access drives are permitted.
h. Where a parking lot is provided, a greenbelt planted with plant materials in accordance with section 19-85, shall be provided along all sides of the parking area except for entrance and exit driveways.
(2) Churches, in accordance with section 19-87.
(3) Public, parochial or other private elementary, intermediate or high schools.
a. The site shall be adjacent to a primary thoroughfare, as defined by the township in article XIX, footnote "o" (1), (2) of this chapter and all ingress and egress shall be limited to and directly upon such thoroughfare.
b. Buildings exceeding 25 feet in height shall be permitted, provided the front, side and rear yard setbacks are increased one foot for each foot the building exceeds 25 feet.
c. A continuous and uninterrupted masonry obscuring wall of at least four feet in height shall be provided along sides of the off-street parking area when adjacent properties are zoned residential.
d. A minimum site of three acres shall be provided.
e. The front setback area shall remain as open space unoccupied and unobstructed from the ground upward except for landscaping, plant materials or vehicular access drives.
(Ord. No. 101, § 8.03, 3-23-71; Ord. No. A35, § 8, 10-15-86; Ord. No. A46, § 1, 3-16-88; Ord. No. 101-A-64, §§ 2, 4, 9-15-93)
Sec. 19-209. Site plan review.
For all uses permitted in a R-1-S district, other than single-family detached residences and accessory buildings, structures and uses thereto there must be site plan review as required under section 19-84.
(Ord. No. 101, § 8.04, 3-23-71)
Sec. 19-210. Density, area, height, bulk, placement requirements.
The density, area, height, bulk and placement requirements in the R-1-S district shall be in accordance with the schedule of regulations in article XIX.
(Ord. No. 101, § 8.05, 3-23-71)
Secs. 19-211--19-230. Reserved.
ARTICLE VIII. R-1, SINGLE-FAMILY RESIDENTIAL DISTRICT
Sec. 19-231. Statement of purpose.
The purpose of the R-1, single-family district is to encourage a suitable environment for families typically with children. Uses are limited to one-family dwellings along with certain other uses, such as schools, parks and playgrounds which provide a desirable neighborhood land use pattern. In keeping with this intent, development is restricted to a moderately low density with few traffic generators. Commercial, certain residential uses and other nonresidential uses that tend to be incompatible with the character of the district are prohibited.
(Ord. No. 101, § 9.01, 3-23-71)
Sec. 19-232. Permitted principal uses.
The following uses are permitted in a R-1 district:
(1) Single-family detached dwellings.
(2) Home occupations as limited and defined in section 19-2.
(3) Accessory buildings and uses customarily incidental to the above permitted principal uses.
(4) A state licensed residential facility providing supervision or care, or both, to six or less persons. The permitted use shall not apply to adult foster care facilities licensed by a state agency for care and treatment of persons released from or assigned to adult correctional institutions. At least 45 days before licensing a residential facility described in this section, the state licensing agency shall notify the township board or the designated agency of the township where the proposed facility is to be located to review the number of existing or proposed similar state licensed residential facilities whose property lines are within a 1,500-foot radius of the property lines of the location of the applicant. The township board shall, when a proposed facility is to be located within the township, give appropriate notification of the proposal to license the facility to those residents whose property lines are within a 1,500-foot radius of the property lines of the proposed facility. A state licensing agency shall not license a proposed residential facility when another state licensed residential facility exists within the 1,500-foot radius, unless elsewhere permitted by this chapter, of the proposed location or when the issuance of the license would substantially contribute to an excessive concentration of state licensed residential facilities within the township. This subsection shall not apply to state licensed residential facilities caring for four or less minors.
These regulations shall not apply to a state licensed residential facility licensed before March 31, 1977, or to a residential facility which was in the process of being developed and licensed before March 31, 1977, if approval had been granted by the township board.
(5) Signs in accordance with section 19-79.
(6) Private garage, used primarily for the storage of self-propelled vehicles for the use of the occupants of a lot on shall not be construed to permit the storage on any one lot, for the occupants thereof, of not more than one commercial vehicle not exceeding a rated capacity of one ton.
(7) Bed and breakfast operation.
(Ord. No. 101, § 9.02, 3-23-71; Ord. No. A52, § 3, 10-5-89)
Sec. 19-233. Permitted uses after special approval.
The following uses shall be permitted in the R-1 district subject to the conditions hereinafter specified and subject to requirements of section 19-564 and section 19-84.
(1) Churches, in accordance with section 19-87.
(2) Cemeteries existing and lawfully occupied on March 23, 1971.
(3) Public, parochial or other private elementary, intermediate or high schools.
a. The site shall be adjacent to a primary thoroughfare, as defined by the township in article XIX, footnote "o" (1), (2) of this chapter and all ingress and egress shall be limited to and directly upon such thoroughfare.
b. Buildings exceeding 25 feet in height shall be permitted, provided the front, side and rear yard setbacks are increased one foot for each foot the building exceeds 25 feet.
c. A continuous and uninterrupted masonry obscuring wall of at least four feet in height shall be provided along sides of the off-street parking area when adjacent properties are zoned residential.
d. A minimum site of three acres shall be provided.
e. The front setback area shall remain as open space unoccupied and unobstructed from the ground upward except for landscaping, plant materials or vehicular access drives.
(4) Public utility buildings and uses, but not including service and storage yards, when operating requirements necessitate locating within the district to serve the immediate vicinity.
(5) Temporary buildings for use incidental to construction work for a period not to exceed one year.
(6) Open space in a single-family subdivision having an overall approved plan by the township, wherein such open space is permanently reserved for and/or owned by the residents of such subdivision.
(7) Preschools, nursery schools, day nurseries, child care centers, including Montessori schools, operated for a profit or nonprofit but not including dormitories; provided that the following conditions are met:
a. Have primary means of ingress and egress directly on a major thoroughfare having or planned to have (pursuant to footnote "o" of article XIX) a right-of-way of 120 feet.
b. Minimum site size shall be three acres.
c. Only one principal building shall be permitted on site which may be used either as a school facility or as a combined school and residence for the person operating the school. In either case the building shall be designed in the character of a residence and be in harmony with adjacent residences in the surrounding neighborhood. Any building used in whole or in part for school purposes shall be located not less than 75 feet from any adjacent property line.
d. That for each child so cared for, being in total of not more than 45 children on the premises at any one time, in addition to those in the family of the occupant if occupant lives on the premises, there is provided and maintained a minimum of at least 150 square feet of outdoor play area.
e. Such play space shall have a total minimum area of not less than 5,000 square feet.
f. Such play area shall not be located closer than 50 feet to any adjoining property line and within the yard space there shall be provided a greenbelt planted with plant materials in accordance with section 19-85, and shall include a continuous fence not in excess of six feet or less than four feet in height.
g. The required front yard setback shall remain as open space unoccupied and unobstructed from the ground upward and shall not be used for off-street parking or outdoor playground space, except that landscaping, plant materials, sidewalks and vehicular access drives are permitted.
h. Where a parking lot is provided, a greenbelt planted with plant materials in accordance with section 19-85, shall be provided along all sides of the parking area except for entrance and exit driveways.
(Ord. No. 101, § 9.03, 3-23-71; Ord. No. A32, § 1, 2-20-85; Ord. No. A35, § 9, 10-15-86; Ord. No. A46, § 2, 3-16-88; Ord. No. 101-A-64, § 4, 9-15-93)
Sec. 19-234. Site plan review.
For all uses permitted in a R-1 district, other than single-family detached residences and accessory buildings, structures and uses thereto, there must be site plan review as required under section 19-84.
(Ord. No. 101, § 9.04, 3-23-71)
Sec. 19-235. Density, area, height, bulk, placement requirements.
The density, area, height, bulk, and placement requirements in the R-1 district shall be in accordance with the schedule of regulations in article XIX.
(Ord. No. 101, § 9.05, 3-23-71)
Secs. 19-236--19-255. Reserved.
ARTICLE IX. R-2, MULTIPLE-FAMILY RESIDENTIAL DISTRICT
Sec. 19-256. Statement of purpose.
(a) The R-2, multiple-family residential district is designed to permit a more intensive residential use of land with various types of multiple-family dwellings, two-family dwellings, boarding houses and convalescent or nursing homes. These areas would be located near major roads for good accessibility.
(b) The intent of this district is to allow various types and sizes of residential uses in order to meet the needs of the different age and family groups in the township.
(Ord. No. 101, § 10.01, 3-23-71)
Sec. 19-257. Permitted principal uses.
The following uses are permitted in a R-2 district:
(1) All principal permitted uses in the R-1 district.
(2) Two-family dwellings.
(3) Multiple-family dwellings including apartments (garden type) and townhouses (row housing).
(4) Accessory buildings and uses customarily incidental to the above permitted principal uses, including open space designed as part of a condominium or rental project.
(5) Signs in accordance with section 19-79.
(6) Private garage, used primarily for the storage of self-propelled vehicles for the use of the occupants of a lot on which such building is located. The foregoing definition shall not be construed to permit the storage on any one lot, for the occupants thereof, of not more than one commercial vehicle not exceeding a rated capacity of one ton.
(Ord. No. 101, § 10.02, 3-23-71)
Sec. 19-258. Permitted uses after special approval.
The following uses shall be permitted subject to the conditions hereinafter specified and subject to requirements of section 19-564 and section 19-84.
(1) Convalescent or nursing homes.
(2) Children's homes, orphanages.
(3) Tourist home, rooming house and boarding house.
(4) Hospitals or clinics, except the following: animal hospital, hospital or sanitarium for care of contagious, mental, drug or liquor addict cases.
(5) Preschools, nursery schools, day nurseries, child care centers, including Montessori schools, operated for a profit or nonprofit but not including dormitories; provided that the following conditions are met:
a. Have primary means of ingress and egress directly on a major thoroughfare having or planned to have (pursuant to footnote "o" of article XIX) a right-of-way of 120 feet.
b. Minimum site size shall be three acres.
c. Only one principal building shall be permitted on site which may be used either as a school facility or as a combined school and residence for the person operating the school. In either case the building shall be designed in the character of a residence and be in harmony with adjacent residences in the surrounding neighborhood. Any building used in whole or in part for school purposes shall be located not less than 75 feet from any adjacent property line.
d. That for each child so cared for, being in total of not more than 45 children on the premises at any one time, in addition to those in the family of the occupant if occupant lives on the premises, there is provided and maintained a minimum of at least 150 square feet of outdoor play area.
e. Such play space shall have a total minimum area of not less than 5,000 square feet.
f. Such play area shall not be located closer than 50 feet to any adjoining property line and within said yard space there shall be provided a greenbelt planted with plant materials in accordance with section 19-85, and shall include a continuous fence not in excess of six feet or less than four feet in height.
g. The required front yard setback shall remain as open space unoccupied and unobstructed from the ground upward and shall not be used for off-street parking or outdoor playground space, except that landscaping, plant materials, sidewalks and vehicular access drives are permitted.
h. Where a parking lot is provided, a greenbelt planted with plant materials in accordance with section 19-85, shall be provided along all sides of the parking area except for entrance and exit driveways.
(6) Public, parochial or other private elementary, intermediate or high schools.
a. The site shall be adjacent to a primary thoroughfare, as defined by the township in article XIX, footnote "o" (1), (2) of this chapter and all ingress and egress shall be limited to and directly upon such thoroughfare.
b. Buildings exceeding 25 feet in height shall be permitted, provided the front, side and rear yard setbacks are increased one foot for each foot the building exceeds 25 feet.
c. A continuous and uninterrupted masonry obscuring wall of at least four feet in height shall be provided along sides of the off-street parking area when adjacent properties are zoned residential.
d. A minimum site of three acres shall be provided.
e. The front setback area shall remain as open space unoccupied and unobstructed from the ground upward except for landscaping, plant materials or vehicular access drives.
(Ord. No. 101, § 10.03, 3-23-71; Ord. No. A35, § 10, 10-11-86; Ord. No. 101-A-64, §§ 3, 4, 9-15-93)
Sec. 19-259. Site plan review.
For all uses permitted in a R-2 district, other than single-family detached residences and accessory buildings, structures and uses thereto there must be site plan review as required under section 19-84.
(Ord. No. 101, § 10.04, 3-23-71)
Sec. 19-260. Density, area, height, bulk, placement requirements.
Density, area, height, bulk and placement requirements in the R-2 district shall be in accordance with the schedule of regulations, article XIX.
(Ord. No. 101, § 10.05, 3-23-71)
Secs. 19-261--19-280. Reserved.
ARTICLE X. R-3, MOBILE HOME RESIDENTIAL DISTRICT
Sec. 19-281. Statement of purpose.
The purpose of the mobile home district is to encourage a suitable environment for persons and families that by preference choose to live in a mobile home rather than a conventional single-family structure. In keeping with the occupancy characteristics of contemporary mobile homes the schedule of regulations establishes moderately low density standards and permitted uses that reflect the needs of residents in the district. Development is limited to mobile homes when located in a subdivision designed for that purpose or a mobile home park and recreation facilities, churches, schools and necessary public utility buildings.
(Ord. No. 101, § 11.01, 3-23-71)
Sec. 19-282. Permitted principal uses.
The following uses are permitted in a R-3 district:
(1) Mobile homes.
(2) Mobile home parks.
(3) Cemeteries existing and lawfully occupied at the time of adoption of this chapter.
(4) Public, parochial or other private elementary, intermediate and/or high schools offering courses in general education, not operated for profit.
(5) Accessory buildings and uses customarily incidental to the above permitted principal uses.
(6) Signs in accordance with section 19-79.
(Ord. No. 101, § 11.02, 3-23-71)
Sec. 19-283. Permitted uses after special approval.
The following uses shall be permitted in the R-3 district subject to the conditions hereinafter specified and subject to requirements of section 19-564 and section 19-84.
(1) Churches.
(2) Public utility building and uses, but not including service and storage yards, when operating requirements necessitate locating within the district to serve the immediate vicinity.
(3) Temporary buildings for use incidental to construction work for a period not to exceed one year.
(4) Golf courses.
(5) Preschools, nursery schools, day nurseries, child care centers, including Montessori schools, operated for a profit or nonprofit but not including dormitories; provided that the following conditions are met:
a. Have primary means of ingress and egress directly on a major thoroughfare having or planned to have (pursuant to footnote "o" of article XIX) a right-of-way of 120 feet.
b. Minimum site size shall be three acres.
c. Only one principal building shall be permitted on site which may be used either as a school facility or as a combined school and residence for the person operating the school. In either case the building shall be designed in the character of a residence and be in harmony with adjacent residences in the surrounding neighborhood. Any building used in whole or in part for school purposes shall be located not less than 75 feet from any adjacent property line.
d. That for each child so cared for, being in total of not more than 45 children on the premises at any one time, in addition to those in the family of the occupant if occupant lives on the premises, there is provided and maintained a minimum of at least 150 square feet of outdoor play area.
e. Such play space shall have a total minimum area of not less than 5,000 square feet.
f. Such play area shall not be located closer than 50 feet to any adjoining property line and within the yard space there shall be provided a greenbelt planted with plant materials in accordance with section 19-85, and shall include a continuous fence not in excess of six feet or less than four feet in height.
g. The required front yard setback shall remain as open space unoccupied and unobstructed from the ground upward and shall not be used for off-street parking or outdoor playground space, except that landscaping, plant materials, sidewalks and vehicular access drives are permitted.
h. Where a parking lot is provided, a greenbelt planted with plant materials in accordance with section 19-85, shall be provided along all sides of the parking area except for entrance and exit driveways.
(Ord. No. 101, § 11.03, 3-23-71; Ord. No. A35, § 11, 10-11-86; Ord. No. A46, § 3, 3-16-88; Ord. No. 101-A-64, § 4, 9-15-93)
Sec. 19-284. Mobile home park requirements.
(a) State acts. Mobile home parks shall comply with Act No. 96 of the Public Acts of Michigan of 1987 (MCL 125.2301 et seq., MSA 19.855(101) et seq.), as amended.
(b) Building heights. No building or structure, hereafter erected or altered in a mobile home park, shall exceed 1 1/2 stores or 25 feet.
(c) Yards, area. So as to maintain yard space for the different sizes of mobile homes or trailers, the following minimums shall be required:
(1) An open area shall be provided on each mobile home lot to insure privacy, adequate natural light and ventilation, desirable setbacks from the street and adjacent lot lines, off-street parking spaces and sufficient area for other outdoor uses essential to the mobile home and to its occupants. No mobile home lot may be less than 4,800 square feet in area, except that lots for double (joined together) mobile homes shall be not less than 6,000 square feet in area.
(2) The sum of the side yards at the entry side and nonentry side of a mobile home stand shall not be less than 40 feet; provided, however, there shall be a side yard of not less than 20 feet at the entry side of the mobile home stand and a side yard of not less than ten feet at the nonentry side of the mobile home stand. There shall be a rear yard of not less than 20 feet at the rear end of the stand and a front yard of not less than 25 at the front end of the mobile home stand. For irregularly shaped side yards, the sum is determined as the sum of the average width of each side yard, provided that the required minimums noted above are maintained at all points in the side yard.
(3) No mobile home shall be located closer than 50 feet to the right-of-way line of a main public highway, or 20 feet to the mobile home park property line.
(4) Hard surfaced, off-street car parking spaces shall be provided at the ratio of at least two parking spaces for each mobile home lot so as to meet the needs of the occupants of the property, their guests and service vehicles without causing interference with normal movement of traffic within the mobile home park or on adjacent public or private streets.
(5) Concrete aprons shall be required as follows:
a. Each mobile home lot shall be provided with a four-inch reinforced Portland cement concrete apron.
1. Concrete shall be 3,000 psi, grade A.
2. Reinforcing mesh shall be six inches by six inches No. 6, placed in the center of the lower half of the slab.
3. Minimum dimensions of such apron for a single mobile home unit shall be 12 feet by 50 feet and for a double-wide mobile home unit the apron shall be 24 by 50 feet.
b. Each single width unit apron shall have a traverse contraction joint at ten-foot intervals. Double width aprons shall also have a longitudinal contraction joint in the center of the 24-foot dimensions.
c. Concrete apron shall be poured on a solid base approved in writing by the township building inspector.
d. The township building inspector shall be notified at least 24 hours prior to any concrete pours.
e. Backfilling around the concrete aprons shall be accomplished immediately after removing the forms for the concrete aprons. Backfill material shall be clay, well compacted into place.
(6) Skirtings shall be required on any mobile home. Each mobile home shall be jacked up on a uniform jack or uniform block, which shall be supplied by the mobile home park. No other building or structure shall be attached to a mobile home other than one metal utility cabinet or a fabricated factory built cabana. This shall not prevent the use of an awning of aluminum, canvas or fiberglass, which space may be screened in with mesh screen.
(7) No mobile home park may be established unless there is initially provided at least 100 mobile home lots. Furthermore, no mobile home park may have a gross area of less than 15 acres.
(d) Sanitation, habitation requirements. In order that residents of a mobile home or trailer coach, which is parked and used as the home of the occupants for a period of more than three months in one trailer space within one calendar year, can enjoy the same privileges as offered to residents of permanent dwellings, the following regulations shall be required:
(1) Only trailers with approved toilets and plumbing fixtures shall be permitted for occupancy of more than one three-month period in a single calendar year.
(2) Plumbing fixtures shall be connected into a public sanitary sewer or township approved facilities, and shall meet the requirements of the township plumbing code and the plumbing code of the state.
(3) Running water from a public or state tested and approved water supply, designed adequately for a minimum flow of 125 gallons per day per mobile home lot, shall be piped to each trailer and shall be adequately protected from frost.
(4) An outdoor patio area of not less than 180 square feet shall be provided on each trailer site, conveniently located to the entrance of the mobile home and appropriately related to open areas of the lot and other facilities, for the purpose of providing suitable outdoor living space to supplement the limited interior space of a mobile home.
(5) The occupancy load of any trailer coach shall be limited to provide no less than 300 cubic feet of air space per occupant, exclusive of the cubic air space of toilet rooms and closets.
(6) Outdoor laundry drying space of adequate area and suitable location shall be provided if property is not furnished with indoor dryers or if use only of indoor dryers is not customarily acceptable to prospective occupants. Where outdoor drying space is required, individual clothes drying facilities on each lot with poles or sockets imbedded in concrete shall be provided.
(e) Physical layout. In order that a mobile home may be harmonious within itself and also with its surrounding neighbors, the following regulations shall be required:
(1) Streets shall be provided on the site where necessary to furnish principal trafficways for convenient access to the mobile home site, and other important facilities on the property. The street system shall provide convenient circulation by means of minor streets and properly located collector and arterial streets. Closed ends of dead-end streets shall be provided with a turning circle of not less than 40 feet outside radius.
a. The rights-of-way shall be of adequate width to accommodate the contemplated widths of pavement, sidewalk and planting strips, but shall not be less than 60 feet for main drives or entrance drives and not less than 50 feet for minor or secondary streets. Streets shall be constructed of at least six inches of gravel or slag and must be hard surfaced and shall be of adequate widths to accommodate the contemplated parking, and traffic load in accordance with the type of streets, but shall not be less than 30 feet in width for main drives or entrance drives for two way traffic and not less than 20 feet for minor or secondary streets limited to one way traffic.
b. Curbing shall be required, provided, however, the board of appeals may approve plans without curbs where such plans show other adequate means for the control of surface drainage, protection of the edges of the pavement and the roadway shoulder and for the prevention of erosion along the shoulder and berm of the roadway. All streets and appurtenant structures shall comply with the standards as required by the county road commission for subdivision streets.
(2) The mobile home park primary walk system, including walks along main drives and secondary streets, shall not be less than three feet in width and not less than four inches thick. The secondary walk system, including walks from each mobile home entrance to facilities on the lot and connections to the primary walk system, shall not be less than 30 inches wide and not less than four inches thick. All walks shall be of Grade A concrete.
(3) All electric lines, from supply poles and leading to each mobile home stand, shall be underground and shall be provided with a three-wire balanced 115-230 volt supply. When separate meters are installed, each meter shall be located on a uniform standard post on the lot line of each mobile home stand. Wiring shall comply with Detroit Edison Code for mobile home parks.
(4) There shall be provided an area of not less than 500 square feet for recreation, for each mobile home lot in the mobile home park, with a minimum area of not less than 25,000 square feet, which shall be no longer in length than two times its width located not more than 500 feet from the furthest mobile home lot served. Such area shall be developed and maintained by the management so as to provide healthful recreation for the children who may live in the mobile home park.
(5) A 30-foot greenbelt shall be located and continuously maintained along all exterior boundary lot lines of a mobile home park not bordering upon a public or private street.
(6) The front yard and the side yard adjacent to a street shall be landscaped and the entire mobile home park shall be maintained in a good, clean presentable condition at all times.
(7) No business of any kind shall be conducted in any mobile home, trailer or building or on the premises of the mobile home park.
(8) Street and yard lights, sufficient in number and intensity to permit the safe movement of vehicles and pedestrians at night, shall be provided and shall be effectively related to buildings, trees, walks, steps and ramps.
(9) All fuel oil and all gas tanks shall be located on each mobile home lot in a uniform manner. All tanks shall be of an approved type to comply with building code standards and shall be equipped with vent pipes and with fused valves. All tanks shall be elevated on noncombustible stands and placed on a concrete precast base.
(10) Each mobile home may be provided with one metal utility cabinet, which shall not exceed four feet in width, three feet in depth and five feet in height, which shall be uniform as to size and location throughout the mobile home park. All cabinets shall be kept clean and shall be maintained in a good condition.
(11) There shall be no storage underneath any mobile home and each mobile home lot shall be maintained in a clean and presentable condition at all times.
(12) Mobile home lot line fences shall be uniform in height and shall not exceed 30 inches in height and shall be constructed in such a manner as to provide firemen access to all sides of each mobile home.
(13) The grounds of the mobile home park shall be graded to drain properly.
(f) Duties of owners and operators. It shall be the duty of the owner and operator of each trailer coach or mobile home park to enforce the following regulations:
(1) The keeping of all domestic pets shall be in compliance with all township ordinances.
(2) The operation, maintenance and supervision of the mobile home park shall be by a responsible person at all times.
(3) It shall be the duty of each mobile home park owner and operator to report to the county health inspector and township supervisor, the existence of any unsanitary condition prevailing within the boundaries of this mobile home park. It shall be the duty of such owner and operator to notify the county health authorities of any person who is affected or suspected of being affected with any infections or communicable disease and to notify the proper township officials of any ordinance violations and to furnish the township at one month intervals a statement showing the number of occupied mobile homes or trailer coaches in the mobile home park.
(4) It shall be the further duty of the mobile home park owner or operator, in order to safeguard against the hazards of fire, to prohibit the parking of any mobile home or trailer within such mobile home park not possessing two exits. One exit may be of an emergency type, provided that it is easily capable of being operated by small children and provided approval has been granted by the township or state fire marshal.
(g) Buildings. All buildings shall meet the requirements of the township building code and the requirements of the state or the federal housing administration whichever is the most restrictive.
(h) Access. All mobile home parks shall have at least 500 foot frontage along a major road of 120-foot right-of-way or greater, either existing or proposed on the thoroughfare plans of the county, state or township as may exist so as to provide adequate access to the mobile home park itself via roads of sufficient capacity to the park. In addition, all entrances and exits from county or state highways shall have the prior written approval of the county road commission and/or the department of state highways.
(i) Permit required. It shall be unlawful for any person to maintain or operate any mobile home park or facilities therein unless such person shall first procure a permit therefore in accordance with this chapter.
(1) Content of application. Application for a mobile home park shall be filed with the zoning administrator and shall contain the following:
a. The name and address of the applicant.
b. The location and legal description of the mobile home park.
c. A complete plan showing compliance with this chapter.
d. Plans and specifications of all buildings and other improvements constructed or to be constructed within the mobile home park.
e. Such other information as may be requested by the board to enable it to determine if the proposed park will comply with all legal requirements.
(2) Transfer. Any application for a transfer of the permit shall be treated in the same manner as an original application for a permit.
(3) Approval. All applications for a permit shall be first submitted to the state health commissioner and to the board of appeals. In order to determine and insure that local school facilities are adequate, it shall be assumed that the school load for any mobile home park shall be based on one child of school age for each trailer or mobile home.
(Ord. No. 101, § 11.04, 3-23-71)
Sec. 19-285. Site plan review.
For all uses permitted in a R-3 district, there must be site plan review as required under section 19-84.
(Ord. No. 101, § 11.05, 3-23-71)
Sec. 19-286. Area, height, bulk, placement requirements.
The area, height, bulk and placement requirements in the R-3 district shall be in accordance with the schedule of regulations, article XIX.
(Ord. No. 101, § 11.06, 3-23-71)
Secs. 19-287--19-305. Reserved.
ARTICLE XI. RO-1, RESTRICTED OFFICE DISTRICT
Sec. 19-306. Statement of purpose.
(a) The RO-1, restricted office district is intended to permit those office and personal service uses which will provide modern office buildings in landscaped settings, adjacent to residential areas.
(b) The intent of this district is to establish an appropriate district for uses which do not generate large volumes of traffic, traffic congestion and parking problems; and which will promote the most desirable use of land in accordance with the township's land use plan.
(Ord. No. 101, § 12.01, 3-23-71)
Sec. 19-307. Permitted principal uses.
The following uses are permitted in an RO-1 district:
(1) Office buildings resulting from any of the following occupations: executive, administrative, professional, accounting, writing, clerical, stenographic, drafting and sales.
(2) Medical or dental office, including clinics and medical laboratories.
(3) Banks, credit unions, savings and loan associations.
(4) Publicly owned buildings, public utility transformer stations and substations, telephone exchanges and public utility offices.
(5) Business or private schools operated for a profit.
(6) Photographic studios.
(7) A veterinarian clinic for small animals, such as dogs, cats, birds and the like, provided that any treatment room, cage, pen or kennel facility is located within a completely enclosed, soundproof building and that such clinic is operated in such a way as to produce no objectionable odors outside its walls.
(8) Accessory buildings and uses customarily incidental to any of the permitted principal uses.
(9) Signs in accordance with section 19-79.
(Ord. No. 101, § 12.02, 3-23-71; Ord. No. A38, § 2, 5-27-87)
Sec. 19-308. Permitted uses after special approval.
The following uses shall be permitted in the RO-1 district subject to the conditions hereinafter specified and subject to requirements of section 19-84 and section 19-564.
(1) Pharmacy or apothecary shops; stores limited to corrective garments or bandages, optical company or restaurant may be permitted, provided, it is within the building to which it is accessory and does not have a direct outside entrance for customer use.
(2) Private service clubs, fraternal organizations and lodge halls subject to the following:
a. The minimum lot area shall be one acre.
b. The site shall have at least one property line abutting a major thoroughfare.
c. All vehicular ingress and egress to the site shall be directly from a major thoroughfare.
(3) Preschools, nursery schools, day nurseries, child care centers, including Montessori schools, operated for a profit or nonprofit but not including dormitories; provided that the following conditions are met:
a. Have primary means of ingress and egress directly on a major thoroughfare having or planned to have (pursuant to footnote "o" of article XIX) a right-of-way of 120 feet.
b. Minimum site size shall be three acres.
c. Only one principal building shall be permitted on site which may be used either as a school facility or as a combined school and residence for the person operating the school. In either case the building shall be designed in the character of a residence and be in harmony with adjacent residences in the surrounding neighborhood. Any building used in whole or in part for school purposes shall be located not less than 75 feet from any adjacent property line.
d. That for each child so cared for, being in total of not more than 45 children on the premises at any one time, in addition to those in the family of the occupant if occupant lives on the premises, there is provided and maintained a minimum of at least 150 square feet of outdoor play area.
e. Such play space shall have a total minimum area of not less than 5,000 square feet.
f. Such play area shall not be located closer than 50 feet to any adjoining property line and within the yard space there shall be provided a greenbelt planted with plant materials in accordance with section 19-85, and shall include a continuous fence not in excess of six feet or less than four feet in height.
g. The required front yard setback shall remain as open space unoccupied and unobstructed from the ground upward and shall not be used for off-street parking or outdoor playground space, except that landscaping, plant materials, sidewalks and vehicular access drives are permitted.
h. Where a parking lot is provided, a greenbelt planted with plant materials in accordance with section 19-85, shall be provided along all sides of the parking area except for entrance and exit driveways.
(4) Churches, in accordance with section 19-87.
(Ord. No. 101, § 12.03, 3-23-71; Ord. No. A35, § 12, 10-15-86; Ord. No. A46, § 5, 3-16-88; Ord. No. 101-A-64, § 4, 9-15-93)
Sec. 19-309. Site plan review.
For all uses permitted in a RO-1 district there must be site plan review as required under section 19-84.
(Ord. No. 101, § 12.04, 3-23-71)
Sec. 19-310. Area, height, bulk, placement requirements.
The area, height, bulk, and placement regulations in the RO-1 district shall be in accordance with the schedule of regulations, article XIX.
(Ord. No. 101, § 12.05, 3-23-71)
Secs. 19-311--19-330. Reserved.
ARTICLE XII. C-1, LOCAL BUSINESS DISTRICT
Sec. 19-331. Statement of purpose.
The C-1, local business district is intended for retail business and service uses which are needed to serve the nearby residential areas. The intent of this district is also to encourage the concentration of local business areas in locations proposed in the land use plan to the mutual advantage of both the consumers and merchants and thereby promote the best use of land at certain strategic locations and discourage marginal strip, business development along major streets.
(Ord. No. 101, § 13.01, 3-23-71)
Sec. 19-332. Permitted principal uses.
The following uses are permitted in a C-1 district:
(1) Shops for the sale of baked goods, beverages, including liquor outlets, books, confection, drugs, flowers, food stuffs, including meats, gifts, hardware, hobby equipment, jewelry, notions, paint, periodicals, sundry small household articles and tobacco.
(2) Personal service establishments performing services on the premises, such as barber and beauty shops, watch and shoe repair, tailor shops, locksmith and similar establishments.
(3) Laundry or dry cleaning customer outlets, coin operated laundromat, self-serve dry cleaning center and the like. Dry cleaning or laundry plants serving more than one customer service outlet shall be prohibited.
(4) Professional offices of doctors, lawyers, dentists, chiropractors and similar professions.
(5) A veterinarian clinic for small animals, such as dogs, cats, birds and the like, provided that any treatment room, cage, pen or kennel facility is located within a completely enclosed, soundproof building and that such clinic is operated in such a way as to produce no objectionable odors outside its walls.
(6) Accessory buildings and uses customarily incidental to the above permitted principal uses.
(7) All retail business and service establishments permitted in a C-1 district shall be subject to the following conditions:
a. The outdoor storage or display of goods or materials shall be prohibited irrespective of whether or not they are for sale.
b. Warehousing or indoor storage of goods or material in quantity greater than normally incidental to the above permitted uses, shall be prohibited.
(8) Signs in accordance with section 19-79.
(Ord. No. A38, § 4, 5-27-87)
Sec. 19-333. Permitted uses after special approval.
The following uses shall be permitted in the C-1 district subject to the conditions hereinafter specified and subject to requirements of section 19-84 and section 19-564:
(1) Eating and drinking establishments. Drive-in establishments as defined, provided that a setback of at least 60 feet from the right-of-way line of any existing or proposed road or street (see footnote "o" article XIX) is maintained, that all ingress and egress points shall be located at least 60 feet from the intersection of any two public or private roads or streets, that all lighting shall be shielded away from adjacent residentially used or zoned areas, that the portion of the lot used for parking shall be paved with a permanent, durable and dustless surface and graded and drained so as to dispose of all surface water accumulated within the lot, and that a six foot high completely obscuring decorative masonry wall is provided between the drive-in establishment lot and adjacent (across an alley) or abutting residentially zoned property.
(2) Churches, in accordance with section 19-87.
(3) Public utility buildings, telephone exchange buildings, electric transformer stations and substations and gas regulator stations but without storage yards.
(4) Private service clubs, fraternal organizations and lodge halls subject to the following:
a. The minimum lot area shall be one acre.
b. The site shall have at least one property line abutting a major thoroughfare.
c. All vehicular ingress and egress to the site shall be directly from a major thoroughfare.
(5) Automobile service stations as provided in section 19-83.
(6) Semi-public and private recreational facilities operated for profit, including but not limited to tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, golf driving ranges, children's amusement parks, or racetracks.
(7) Preschools, nursery schools, day nurseries, child care centers, including Montessori schools, operated for profit or nonprofit but not including dormitories; provided that the following conditions are met:
a. Have primary means of ingress and egress directly on a major thoroughfare having or planned to have (pursuant to footnote "o" of article XIX) a right-of-way of 120 feet.
b. Minimum site size shall be three acres.
c. Only one principal building shall be permitted on site which may be used either as a school facility or as a combined school and residence for the person operating the school. In either case the building shall be designed in the character of a residence in the surrounding neighborhood. Any building used in whole or in part for school purposes shall be located not less than 75 feet from any adjacent property line.
d. That for each child so cared for, being in total of not more than 45 children on the premises at any one time, in addition to those in the family of the occupant if occupant lives on the premises, there is provided and maintained a minimum of at least 150 square feet of outdoor play area.
e. Such play space shall have a total minimum area of not less than 5,000 square feet.
f. Such play area shall not be located closer than 50 feet to any adjoining property line and within such yard space there shall be provided a greenbelt planted with plant materials in accordance with section 19-85, and shall include a continuous fence not in excess of six feet or less than four feet in height.
g. The required front yard setback shall remain as open space unoccupied and unobstructed from the ground upward and shall not be used for off-street parking or outdoor playground space, except that landscaping, plant materials, sidewalks and vehicular access drives are permitted.
h. Where a parking lot is provided, a greenbelt planted with plant materials in accordance with section 19-85, shall be provided along all sides of the parking area except for entrances and exit driveways.
(8) Commercial landscaping businesses, lawn maintenance services, and retail sale of trees, shrubs, flowers or lawn/patio furniture, including (not withstanding prohibition of outdoor storage in C-1 districts at section 19-332) outdoor sales and storage space.
(Ord. No. 101A-60, § II, 7-17-91; Ord. No. 101-A-64, § 4, 9-15-93; Ord. No. 156-A75, § 1, 5-21-97)
Sec. 19-334. Site plan review.
For all uses permitted in a C-1 district, there must be site plan review as required under section 19-84.
(Ord. No. 101, § 13.04, 3-23-71)
Sec. 19-335. Area, height, bulk, placement requirements.
The area, height, bulk and placement regulations in the C-1 district shall be in accordance with the schedule of regulations, article XIX.
(Ord. No. 101, § 13.05, 3-23-71)
Secs. 19-336--19-355. Reserved.
ARTICLE XIII. C-2, PLANNED SHOPPING CENTER DISTRICT
Sec. 19-356. Statement of purpose.
The C-2, planned shopping center district is intended to provide planned shopping facilities to serve the township. As such, it should permit a sufficient size site for integrated off-street parking, landscaping and loading/unloading area and be located adjacent to major thoroughfares and/or freeways to permit safe and efficient vehicular traffic circulation. These districts and the traffic such shopping centers therein may generate must be planned so as not to cause adverse effects on adjacent residential property and the township as a whole. The size of the center is intended to be related to the level of purchasing power available for the support of those uses permitted in this district. The design standards contained in this article are also intended to minimize adverse effects of the planned shopping center and its related traffic generation on nearby property values and to provide for safe and efficient use of the planned shopping center itself.
(Ord. No. A57, § 2, 6-20-90)
Sec. 19-357. Permitted principal uses.
In the C-2 district, the following uses are permitted subject to compliance with section 19-356, Statement of purpose of the C-2 district, and standards at sections 19-89 through 19-95, Planned unit development, C-2 district for planned shopping centers.
(1) Any retail business or service establishment permitted in the RO-1 and C-1 districts, as permitted principal uses, and permitted uses after special approval, subject to the design restrictions therein.
(2) Retail business or service establishments as follows:
a. A retail business whose principal activity is the sale of merchandise within an enclosed building.
b. A service establishment of an office, showroom or workshop of an electrician, decorator, dressmaker, tailor, baker, painter, upholster or an establishment doing radio, television or home appliance repair; photographic reproduction and similar service establishments that require a retail adjunct.
c. Assembly halls, or similar places of assembly when conducted within an enclosed building.
d. Bowling alley, billiard hall or similar forms of indoor commercial recreation.
e. Restaurants or other places serving food or beverages except those which permit food or beverages to be consumed on the premises in a motor vehicle.
f. Personal service establishments which perform personal services on the premises including: tailor shops, beauty parlors, beauty shops, laundry and dry cleaning establishments, watch repair, shoe repair and travel agency.
(3) Hotels, motels, indoor theaters.
(4) Uses permitted in an R-2 district when such are secondary to the principal use on the site (i.e., a planned shopping center), and are integrally designed to complement the commercial uses concerning architectural design, traffic circulation, parking, and landscaping. Introduction of residential uses requires that:
a. A planned shopping center of not less than 100,000 square feet exists or will exist on the C-2 site,
b. No less than 50 dwelling units shall be committed, and
c. Such housing shall be completed prior to a final occupancy permit being issued for the planned shopping center.
(5) Preschools, nursery schools, day nurseries, child care centers, including Montessori schools, operated for a profit or nonprofit but not including dormitories; provided that the following conditions are met:
a. Have primary means of ingress and egress to an internal road system within the planned shopping center.
b. Minimum site size shall be three acres.
c. Only one principal building shall be permitted on site which may be used either as a school facility or as a combined school and residence for the person operating the school. In either case the building shall be designed in the character of a residence and be in harmony with adjacent residences in the surrounding neighborhood. Any building used in whole or in part for school purposes shall be located not less than 75 feet from any adjacent property line.
d. That for each child so cared for, being in total of not more than 45 children on the premises at any one time, in addition to those in the family of the occupant if occupant lives on the premises, there is provided and maintained a minimum of at least 150 square feet of outdoor play area.
e. Such play space shall have a total minimum area of not less than 5,000 square feet.
f. Such play area shall not be located closer than 50 feet to any adjoining property line and within the yard space there shall be provided a greenbelt planted with landscape materials in accordance with section 19-85, and shall include a continuous fence not in excess of six feet or less than four feet in height.
g. The required front yard set back shall remain as open space unoccupied and unobstructed from the ground upward and shall not be used for off-street parking or outdoor playground space, except that landscaping, plant materials, sidewalks and vehicular access drives are permitted.
h. Where a parking lot is provided, a greenbelt planted with plant materials in accordance with section 19-85, shall be provided along all sides of the parking area except for entrance and exit driveways.
(6) Adult bookstores, adult motion pictures, adult mini motion picture theaters, adult cabarets and massage parlors as defined under section 19-2.
a. Statement of intent. In the development and enactment of subsection (2), it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated into limited areas of the township, thereby having a deleterious effect upon the adjacent areas. Such concentration tends to detract from the aesthetics of the neighborhood; cause annoyance or disturbance to the citizens and residents who live, work in or pass through the neighborhood; attract an undesirable quantity of transients; adversely affect property values; cause an increase in crime; and encourage residents and other businesses to move elsewhere. Special regulations of these uses is necessary to insure that these adverse secondary effects will not contribute to the blighting or downgrading of the surrounding neighborhood. The control or regulation is for the purpose of preventing a concentration of these uses in any one area.
More specifically, the secondary effects upon the township are concluded to be:
1. Creation of a red-light/skid row district of adult entertainment uses in the township.
2. Cause a negative impression and impact on young children in the community.
3. Discourage new development of housing and businesses and continuance of existing such uses in proximity to adult entertainment uses, thus causing erosion on property values.
4. Characterize the township as an unregulated community and a breeding ground for undesirables, an appearance totally opposite from the fine reputation the township commands.
5. Result in crime incidence, including prostitution, drug abuse, gambling, etc.
6. Introduce need for increased police and security surveillance owing to transient traffic, hours of operation and contribution to delinquency of minors.
7. Impact on nearby schools and religious institutions and related family and moral ethics and values, also invite molesting, abduction and other crimes upon children, women and others who may have to travel past adult entertainment uses.
8. Invite lurid advertising incongruous with the low profile nature of the local business areas.
The above concerns have been witnessed in other communities whose former vitality has not been restored and there has been an exodus of families and businesses.
b. Locational standards.
1. No such use shall be established within an 800-foot radius of any residentially zoned district. Measurement shall be from the nearest premises of the use to the nearest residential district boundary line as established by this chapter.
2. There shall be no public, private or parochial school, library, park, playground or other recreational facility or church, convent, monastery, synagogue or similar place of worship within a 1,000-foot radius of the above named uses. Measurement shall be made from the nearest premises of the named use to the nearest property line of a school, library, recreational facility or place of worship.
3. No adult bookstores, adult motion picture theaters, adult mini motion picture theaters, and cabarets shall be permitted within a 1,000-foot radius of an existing adult bookstore, adult motion picture theater, mini motion picture theater, adult cabaret or massage establishment. Measurement shall be from the nearest premises of the named use to the nearest property line of a similar named use.
4. The premises shall be constructed in such a manner so that material depicting, describing, or relating to specified sexual activities or specified anatomical areas cannot be observed from any public right-of-way or from any other property. The provisions of this paragraph shall apply to any display, decoration, sign, show window or other opening.
(7) The planning commission may permit with concurrence of the township board additional uses upon a finding that all of the following conditions exist:
a. That the use is related and reasonably necessary or convenient for the satisfactory and efficient operation of a complete and integrated planned shopping center district, and
b. That the use is similar in character to one or more of the above permitted uses, and
c. That the use is of the character of personal or administrative service or retail commercial rather than a wholesale, manufacturing or assembly use.
(Ord. No. A57, § 2(14.02), 6-20-90; Ord. No. 101-A-64, § 4, 9-15-93; Ord. No. 156-A80, § 2, 10-21-98)
Sec. 19-358. Conditions.
(a) Retail business and service establishments in the C-2 district shall be subject to the following conditions:
(1) All uses shall be a part of a planned shopping center meeting standards at sections 19-89 through 19-95.
(2) The outdoor storage or display of goods or materials shall be prohibited irrespective of whether or not they are for sale.
(3) Warehousing or indoor storage of goods or material in quantity greater than normally incident to the above permitted uses shall be prohibited.
(4) The curb cuts for access to a planned shopping center shall not be permitted at such locations that will tend to create traffic hazards in the streets immediately adjacent thereto. Entrances and exits to site shall be no less than 150 feet from a street intersection (as measured from road rights-of-way), or from any adjacent residential district. A maximum of two curb cuts for any planned shopping center of 25 acres or more is allowed. Where a separate detached use (e.g., automobile service station, restaurant, financial institution) exists on a planned shopping center site, either as leased space or under separate ownership, a one-acre site is required and all vehicular access shall be from an internal service roadway. Refer also to standards for automobile service stations at section 19-83 which are not in conflict with this subsection. Acceleration, deceleration and by-pass lanes shall be provided and constructed in conformity with standards of the road commission for Oakland County. All internal roadways shall be curbed and hard surfaced according to applicable township standards of the road commission for Oakland County. Sidewalks shall be provided to assure safe movement of pedestrians and avoid conflict with vehicles.
(5) For separate detached buildings proposed for a planned shopping center site fronting on internal roads, there shall be a 40-foot setback from road pavement and a minimum landscaped setback of 30 feet.
(b) In any planned shopping center in a C-2 district, landscape screening shall be provided on all sides which abut residential zoned districts in accordance with standards at section 19-85, with specific reference to subsections 19-85(f)(1) and 19-85(f)(2)b.
(Ord. No. A57, § 2(14.03), 6-20-90; Ord. No. 156-A80, § 3, 10-21-98)
Sec. 19-359. Site plan review.
For all uses permitted in a C-2 district, there must be site plan review as required under section 19-84.
(Ord. No. A57, § 2, 6-20-90)
Sec. 19-360. Density, area, height, bulk, placement requirements.
The density, area, height, bulk and placement requirements in the C-2 district shall be in accordance with the schedule of regulations, article XIX.
(Ord. No. A57, § 2, 6-20-90)
Secs. 19-361--19-380. Reserved.
ARTICLE XIV. REC, RECREATION DISTRICT
Sec. 19-381. Statement of purpose.
The REC, recreation district is intended to provide areas for the development of recreational facilities as well as to encourage those outdoor recreation uses that could not easily be provided in the already urbanized portions of the metropolitan area. To the extent possible and practical, all the natural features of the property, such as large trees, natural groves, water courses and other similar topographic assets that will maintain the natural attractiveness and value to the property and will promote the health and welfare of the township shall be preserved.
(Ord. No. A30, § 6(15.01), 1-16-85; Ord. No. 156-A77, § 1, 7-15-98)
Sec. 19-382. Permitted principal uses.
The following uses are permitted in a REC district, providing there shall be no beer/wine/liquor sales associated therewith:
(1) Archery ranges, campgrounds, beaches, day camps.
(2) Educational facilities such as: Botanical gardens, bird sanctuaries, arboretums.
(3) Golf courses without clubhouse facilities, golf driving ranges and fishing preserves.
(4) Historical monuments, picnic parks, private parks, swimming pools, ski resorts, toboggan runs and reservoirs.
(5) Township government buildings and uses, not including service or outdoor storage yards.
(6) Publicly owned buildings, public utility buildings, telephone exchange buildings, electric transformer stations and substations and gas regulator stations, but not including service or outdoor storage yards.
(7) Off-street parking and loading, in accordance with article V.
(8) Semi-public and private recreational areas not operated for profit.
(9) Publicly owned and operated parks, playfields, playgrounds and other similar recreational facilities.
(Ord. No. A30, § 7(15.02), 1-16-85)
Sec. 19-383. Permitted uses after special approval.
The following uses shall be permitted in the REC district subject to the conditions hereinafter specified and subject to the requirements of sections 19-84 and 19-564:
(1) Country clubs, including food and beverage service for members and guests.
(2) Public and private riding academies, boarding stables, public arenas and related uses with a minimum site size of 40 acres.
(3) Firearms' shooting preserves, ranges and hunting preserves.
(4) Private canoe liveries.
(5) Wildlife preserves and zoos.
(6) Semi-public and private buildings and uses which are substantially recreational and which are not operated for profit.
(7) Other outdoor recreation uses provided that there be no commercialization in the form of advertising, carnival atmosphere, retail sales, amusement park or amusement rides.
(Ord. No. A30, § 8(15.03), 1-16-85; Ord. No. 156-A77, § 2, 7-15-98)
Sec. 19-384. Accessory uses.
The following accessory uses may be permitted in a REC district:
(1) Accessory buildings and uses that are customarily incidental to any of the permitted principal uses when located on the same premises.
(2) Signs in accordance with section 19-79. In addition, the following signs are permitted:
a. One sign advertising goods or services offered for sale on the premises and the name of the establishment provided that such sign shall not exceed 20 square feet in area and provided that such sign shall be either mounted on the face of the building, or it shall be free standing. Signs that are mounted along the face of the building shall not project beyond or overhang the wall or any permanent architectural feature by more than one foot and shall not project more than two feet above the highest point of the roof or parapet and shall not come closer than three feet from either side corner of the building. Free standing advertising signs shall not be over 20 feet in height.
b. Free standing directory advertising signs are allowed, provided that they do not exceed five square feet in area per establishment advertised.
c. Signs giving direction to the location of commercial recreation uses are permitted off the property of the particular use, provided that they do not exceed ten square feet in area.
(Ord. No. A30, § 9(15.04), 1-16-85)
Sec. 19-385. Site plan review.
For all uses permitted in a REC district, there must be site plan review as required under section 19-84.
(Ord. No. A30, § 10(15.05), 1-16-85)
Sec. 19-386. Density, area, height, bulk, placement requirements.
The density, area, height, bulk and placement requirements in the REC district shall be in accordance with the schedule of regulations, article XIX.
(Ord. No. A30, § 11(15.06), 1-16-85)
Secs. 19-387--19-405. Reserved.
ARTICLE XV. E, PROVING GROUND DISTRICT
Sec. 19-406. Statement of purpose.
The purpose of the E, proving ground district is to authorize space in which testing of vehicles and equipment can be carried on in a manner inoffensive to adjacent land uses.
(Ord. No. 101, § 16.01, 3-23-71)
Sec. 19-407. Permitted principal uses.
The following uses are permitted in an E district:
(1) Manufacturing, including a proving ground for design, development and testing of automotive, passenger, commercial and trucking vehicles, earth moving and allied vehicles and equipment, military vehicles and equipment, self-propelled vehicles and stationary engines, industrial research, including the construction and development of related instruments and equipment.
(2) Private airports.
(3) Accessory uses incident to the principal uses.
(4) Manufacturing operations which comply with this chapter.
(5) Private use heliports in accordance with section 19-100.
(6) Signs in accordance with section 19-79.
(Ord. No. 101, § 16.02, 3-23-71)
Sec. 19-408. Safety facilities.
In the E district, all uses which might be dangerous to the curious public shall be enclosed with a wire, wood or masonry fence not less than five feet in height, and if over six feet in height may have barbed wire cradles above six feet for the exclusion of animals or preventing trespass.
(Ord. No. 101, § 16.03, 3-23-71)
Sec. 19-409. Off-street parking.
Hard surfaced off-street parking shall be provided on the premises in an E district to take care of all employees, visitors, and persons doing business therewith. Such parking shall be in the ratio of one space per two employees and visitors computed on the basis of the greatest number of persons employed on any shift. The provisions of this section shall be applicable to that portion of parking occurring within 300 feet of property or right-of-way lines.
(Ord. No. 101, § 16.04, 3-23-71)
Sec. 19-410. Site plan review.
For all uses permitted in an E district, there must be a site plan review as required under section 19-84 for any portion of a development occurring within 300 feet of property or right-of-way lines.
(Ord. No. 101, § 16.05, 3-23-71)
Sec. 19-411. Filling operations.
Activities involving moving and depositing of inert materials of concrete, masonry and earth origin may be carried on inside a line 300 feet from the nearest property or right-of-way line, exempt from the approval requirements of section 19-81.
(Ord. No. 101, § 16.06, 3-23-71)
Sec. 19-412. Minor facilities improvements and alterations.
Inplant improvements to existing facilities involving remodeling, alterations to plumbing, electrical and other services, partitioning, etc., ordinarily performed by qualified full time employees, as well as substitution of uses of existing facilities shall be exempt from the permit requirements of section 19-558.
(Ord. No. 101, § 16.07, 3-23-71)
Sec. 19-413. Special test surfaces.
Construction of test roads, skid pads, water holes, mud baths, roll-over grades, crash barriers and other facilities of special and specific design, whether classified for release of information or unclassified, involving changes in use of land not less than 300 feet from an E district property line shall also be exempt from the permit requirements of section 19-558. This provision shall include incidental surface construction (e.g., sidewalks, parking areas, etc.) associated with the principal permitted uses.
(Ord. No. 101, § 16.08, 3-23-71)
Sec. 19-414. Area, height, bulk, placement regulations.
The area, height, bulk and placement regulations in the E district shall be in accordance with the schedule of regulations, article XIX.
(Ord. No. 101, § 16.09, 3-23-71)
Secs. 19-415--19-435. Reserved.
ARTICLE XVI. M-1, LIGHT INDUSTRIAL DISTRICT
Sec. 19-436. Statement of purpose.
The M-1 district is designed primarily to accommodate research, office and light industrial uses, including wholesale activities, warehouses, and industrial operations whose external, physical effects are restricted to the area of the district and in no manner affect in a detrimental way any of the surrounding districts. It is also the intent of the M-1 district to encourage unified complexes of research, office and light industrial uses, with high tech and multi-use facilities characterized by office, light industrial and warehousing activities in a planned environment. The M-1 district is also designed to encourage light industrial uses to locate on major thoroughfares so that traffic generated by them would not utilize local residential streets. The M-1 district is structured so as to permit, along with any specified use, the manufacturing, compounding, processing, packaging, assembly or treatment of finished or semifinished products from previously prepared material. It is not intended that the processing of raw material for shipment in bulk form, to be used in an industrial operation at another location, be permitted.
(Ord. No. 101, § 17.01, 3-23-71; Ord. No. 156-A95, § 2, 1-24-01)
Sec. 19-437. Permitted principal uses.
The following uses are permitted in an M-1 district:
(1) Any of the following uses conducted wholly within a completely enclosed building.
a. Warehousing and wholesale establishments, and storage and transfer establishments (other than accessory to an adjoining retail use).
b. Compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, food products, hardware and cutlery, pharmaceuticals, toiletries, but not including tool, die, gauge and machine shops.
c. The manufacture, compounding, assembling or improvement of articles or merchandise from previously prepared materials, such as, but not limited to, canvas, cellophane, cloth, cork, feathers, felt, fiber, fur, glass, hair, leather, paper, plastics, precious or semiprecious metals or stones, sheet metal (but excluding large stampings), shell, soil, textiles, tobacco, wax, wire, wood or yarns.
d. Manufacture of pottery and figurines or other similar ceramic products using only previously pulverized clay or kilns fired only by electricity or gas.
e. Manufacture of musical instruments, toys, novelties and metal or rubber stamps or other small molded rubber products.
f. Manufacture or assembly of electrical appliances, electronic instruments and devices, radios and phonographs (excluding large stamping).
g. Laboratories, experimental, film or testing.
h. Manufacture and repair of electronic or neon signs, light sheet metal products, including heating and ventilating equipment, cornices, eaves and the like.
(2) Research and development, technical training and activities which include medical, computer, robotic, and pharmaceutical research, development, instruction or application, and any uses charged with the principal function of design of pilot or experimental products.
(3) Public utility buildings, telephone exchange buildings, electric transformer stations and substations and gas regulator stations, other than outside storage and service yards.
(4) Private use heliports in accordance with section 19-100.
(5) Data processing and computer centers including computer programming and software development, training, and data processing services; laser technology and application; communications equipment and the repair, service and sales of such equipment; display and showroom facilities for equipment and products.
(6) Trade or industrial schools.
(7) Greenhouses and plant materials nurseries established for the storage of live trees, shrubs or plants offered for sale on the premises including products used for gardening or landscaping, but excluding tree and shrub farms.
(8) Blueprinting, photostating, photoengraving, publishing and bookbinding establishments.
(9) Headquarters of business offices for commercial or industrial uses which conduct the principal firm's activity outside of the district.
(10) Emergency medical dispatch facilities.
(11) Other uses of a similar and no more objectionable character to the above uses, as determined by the planning commission.
(Ord. No. 101, § 17.02, 3-23-71; Ord. No. A51, § 2, 8-16-89; Ord. No. 156-A95, § 3, 1-24-01)
Sec. 19-438. Permitted uses after special approval.
The following uses shall be permitted in the M-1 district subject to the conditions hereinafter specified and subject to the requirements of section 19-84 and section 19-564.
(1) Self-storage facilities subject to the following:
a. The minimum size of the site shall be not less than five acres.
b. Such use shall not be directly adjacent to residentially zoned property on more than one side.
c. All ingress and egress from the site shall be directly onto a county primary road.
d. All yard setbacks established in the M-1 district for buildings shall be complied with, except that setbacks between self-storage buildings on the same site may be 25 feet apart, side to side or front to rear.
e. Maximum lot coverage may not exceed 40 percent.
f. Maximum length of any self-storage building shall be 250 feet.
g. No separate storage of combustible or flammable liquids, combustible fibers or explosive materials as defined in the fire prevention code, or toxic materials, shall be permitted within the self-storage building or upon the premises. A lease agreement between the lessee and lessor shall state:
1. That no flammable, combustible or toxic materials shall be stored or used on premises; and
2. That the property shall be subject to periodic and unannounced inspections for flammable, toxic and other hazardous materials by township zoning administrator.
h. No storage outside of the self-storage buildings shall be permitted.
i. Except as provided in this section, the use of the premises shall be limited to storage only and shall not be used for operating any other business, for maintaining or repairing of any vehicles, recreational equipment or other items, or for any recreational activity, hobby or purpose other than the storage of personal items and business items as hereinbefore set forth.
j. The entire site shall be provided with fencing meeting requirements at section 19-80 and landscaping per section 19-85.
k. A security manager shall be permitted to reside on the premises to the extent required by such use (see section 19-67).
l. All access aisles, parking areas and walkways on the site shall be graded, drained, hardsurfaced and maintained in accordance with the standards and specifications of the township.
m. Limited retail sales to tenants of products and supplies incidental to the principal use, such as packing materials, packing labels, tape, rope, protective covers and locks and chains shall be permitted on the site devoted to this use.
n. Access to the self-storage facility premises shall be restricted to tenants only, by use of an attendant, mechanical or electronic locking device or other entrance-control device.
o. No building or structure shall be located closer than 150 feet from any abutting residentially zoned property.
p. The building shall be constructed in accordance with all applicable township codes and ordinances.
q. No self-storage building shall exceed 15 feet in height, except that one office building and caretaker's quarters may be allowed up to 25 feet.
r. In addition to requirements at section 19-66, self-storage buildings, including storage buildings and caretaker's quarters shall be architecturally designed so as not to have a flat roof, and shall instead have a mansard, gable, hip or gambrel roof design.
(2) Storage facilities for building materials, sand, gravel, stone, lumber and contractor's equipment and supplies, but specifically excluding the storage of sodium chloride unless covered containment facilities complying with Michigan Department of Environmental Quality (MDEQ) standards are provided to prevent its migration off-site and its leaching to underground water aquifers.
(3) Municipal uses such as water treatment plants, sewage treatment plants, public works garages, and all other municipal buildings and uses not having outdoor storage.
(4) Tool, die, gauge and machine shops.
(5) Indoor tennis courts, roller skating rinks, ice skating rinks, or similar indoor recreational use including stadium, athletic arena, or similar sports complex.
(6) Automobile service establishments and public garages for vehicle repair and servicing, engine tune-ups, brake service, electrical repair, wheel alignments, exhaust system repair, heating and air conditioning repair and service, shock and strut system work, glass and upholstery repair and replacement, and engine and transmission service, but not including body repair and collision work, painting, tire recapping, or auto dismantling operations, subject to the following:
a. For any such use on a lot adjacent to a major thoroughfare, the following special requirements shall apply:
1. Minimum site size of two acres.
2. Minimum site frontage of 200 feet.
3. No service bay doors shall face a major thoroughfare or neighboring residential district or use.
b. Vehicle parking on site shall be limited to customers and employees. Wrecked or partially dismantled vehicles awaiting repair with or without current license plates may be stored no longer than 24 hours.
(7) Commercial uses which serve the limited needs of an industrial district, including, but not limited to:
a. Banks, savings and loan associations, credit unions, union halls, or industrial clinics.
b. Industrial tool and equipment sales, service, storage and distribution.
(8) Retail sales activities when ancillary to an otherwise permitted electrical or plumbing supply business or ancillary to otherwise permitted manufacturing, repair or service of electric or neon signs, light sheet metal products, including heating, ventilating and air conditioning equipment, furnaces, lawn maintenance equipment, cornices and eaves; and the retail sale of home and commercial building components that are to be fabricated into a structure (such as doors, windows, sashes, wall siding, roofing and insulation) when ancillary to an otherwise permitted use, provided that sales are predominantly to building contractors and the trades, as distinguished from a hardware store or home furnishing store having retail sales predominantly to the general public. The space for retail sales activities, including any area which is accessible by customers, shall be limited to ten percent of the total floor space of the business or 500 square feet, whichever is less.
(Ord. No. A34, § 5(17.03), 10-15-86; Ord. No. 156-A95, § 4, 1-24-01)
Sec. 19-439. Accessory buildings, structures, and uses.
The following accessory buildings, structures, and uses may be permitted in the M-1 district:
(1) Accessory buildings, structures and uses that are customarily incidental to any of the above uses when located on the same premises.
(2) Signs in accordance with section 19-79.
(Ord. No. A34, § 1(17.04), 10-15-86; Ord. No. 156-A95, § 5, 1-24-01)
Sec. 19-440. Required conditions.
Any new use established in the M-1 district established after the effective date of this chapter, shall be operated so as to comply with the performance standards set forth in this section; however, whenever any provision of this section imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or ordinance, then the provisions of this section shall govern. Whenever the provisions of any other law or ordinance impose more stringent requirements than are imposed or required by this section, then the provisions of such law or ordinance shall govern.
(1) Smoke, dust, dirt and fly ash. The emission of smoke, dust, dirt and fly ash shall be in no manner unclean, destructive, unhealthful, hazardous or deleterious to the general welfare. Such emission shall be in strict conformance with all applicable state and county health laws pertaining to air pollution and smoke abatement. A person shall not discharge into the atmosphere, from any single source of emission, any smoke of a density equal to, or greater than that density described as No. 2 on the Ringelmann Chart, as published by the United States Bureau of Mines, provided that the following exceptions to the provisions of this rule shall be permitted:
a. Smoke the shade or appearance of which is equal to but not darker than No. 2 of the Ringelmann Chart for a period or periods aggregating four minutes in any 30 minutes.
b. Smoke the shade or appearance of which is equal to but not darker than No. 3 of the Ringelmann Chart for a period or periods aggregating three minutes in any 15 minutes when building a new fire or when breakdown of equipment occurs such as to make it evident that the emission was not reasonably preventable.
(2) Open fires. A person or industry shall not burn any combustible refuse in any open outdoor fire within the district.
(3) Gases. The escape of or emission of any gas which is injurious, destructive or explosive shall be unlawful and may be summarily caused to be abated. Sulphur dioxide gas, as measured at the property line at ground elevation, shall not exceed an average of 0.3 p.p.m.; hydrogen sulfide likewise shall not exceed one p.p.m., and carbon monoxide shall not exceed 15 p.p.m.; all as measured as the average intensity during any 24-hour sampling period.
(4) Nuisance. A person or industry shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment or nuisance to the public or which endanger the comfort, repose, health or safety of the public or which cause or have a natural tendency to cause injury or damage to business or property.
(5) Light. Lights for parking lots and buildings shall be so oriented and shielded that they do not shine directly into an abutting property. Exterior spot lighting or other illumination shall be so installed as to eliminate any nuisance to adjoining residential districts or other properties or to traffic on public highways. Compliance with standards of section 19-105, Lighting, is required.
(6) Glare or heat. All operations which produce glare, such as welding and acetylene torch cutting, must be performed in such a manner that the glare cannot be seen from any property line. If heat is a result of an industrial operation, it shall be so insulated as to not raise the air temperature at any property line at any time.
(7) Outdoor storage. There shall be no outdoor storage.
(8) Vibration. The intent of this section is to ensure that no operation shall generate any ground or structure borne vibrational motion that is perceptible to the human sense of touch beyond the property line of the site on which the operation is located. This shall be determined by the following standard: machines or operations producing ground transmitted oscillations resulting in an impact vibration or ground displacement which exceeds 0.003 inch amplitude of vibration at 960 cycles per minute of vibration as measured at the property line are prohibited. Vibrations resulting from temporary construction activity that occurs between 7:00 a.m. and 9:00 p.m. from Monday through Saturday shall be exempt from the aforementioned maximum permitted vibration levels, provided the such activity occurs in a legally accepted manner.
(9) Radio transmission. For electronic equipment required in an industrial operation, the equipment shall be so shielded that its operation will not interfere with radio, television or other electronic equipment.
(10) Storage of flammable materials. Any activity involving the use or storage of flammable or explosive materials shall be subject to standards adopted by the State of Michigan including protection by adequate fire-fighting and fire suppression equipment and such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved.
(11) Radioactive materials. No activity shall emit dangerous radioactivity at any point.
(12) Noise. The measurable noise emanating from the premises shall be in accordance with section 19-96.
(13) Fire and safety hazards. The storage and handling of flammable liquids, liquefied petroleum gases, and explosives shall comply with all state and federal rules and regulations, including those of the state department of environmental quality and the federal Environmental Protection Agency, and regulations as established by the Fire Prevention Act, Act No. 207 of the Public Acts of Michigan of 1941 (MCL 29.1 et seq., MSA 4.559(1) et seq.), as amended. Further, all storage tanks for flammable liquid materials above ground shall be located at least 150 feet from all property lines, and shall be completely surrounded by earth embankments, dikes and other types of retaining wall which will contain the total capacity of all tanks so enclosed. See also section 19-98 for fire protection requirements.
(14) Electromagnetic radiation. Applicable rules and regulations of the Federal Communications Commission in regard to propagation of electromagnetic radiation are hereby made a part of this chapter.
(15) Drifting and airborne matter. The drifting or airborne transmission beyond the lot line of dust, particles or debris from any method of operation shall be unlawful and shall be summarily caused to be abated.
(16) Odor. The emission of noxious, odorous matter in such quantities as to be readily detectable at a point along any property line is prohibited. Air quality must be protected and all standards of the state department of environmental quality shall be observed.
(17) Storage of hazardous substances, including petroleum products. Hazardous substance storage shall be in accordance with section 19-103.
(18) Requirements on equipment and machinery. In the M-1 district, any machine or equipment which is determined by the planning commission from their review of its operational characteristics and specifications to be capable of creating intense earth-shaking vibrations or noise such as are caused by heavy drop forges, or heavy hydraulic surges, shall be set back at least 300 feet from any lot line which abuts non-industrial zoned land. The planning commission may waive this requirement upon finding that such impact caused by the operation of the machine or equipment will be controlled through such techniques as the installation of sound absorbing devices and barriers or their placement on shock absorbing mountings located on suitable reinforced concrete footings such as to prevent the transmission beyond the lot lines of noise and vibration in excess of the standards specified above in this section.
(Ord. No. A34, § 2, 10-15-86; Ord. No. A47, § 3, 3-16-88; Ord. No. 156-A95, § 6, 1-24-01)
Sec. 19-441. Site plan review.
For all uses permitted in an M-1 district, there must be site plan review as required under section 19-84.
(Ord. No. A34, § 3(17.06), 10-15-86)
Sec. 19-442. Density, area, height, bulk, placement requirements.
The density, area, height, bulk and placement requirements in the M-1 district shall be in accordance with the schedule of regulations, article XIX.
(Ord. No. A34, § 4, 10-15-86)
Secs. 19-443--19-465. Reserved.
ARTICLE XVII. M-2, GENERAL INDUSTRIAL DISTRICT*
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*Editor's note: Ord. No. 156-A88, § 1, adopted Oct. 17, 2001 repealed the former Art. XVII, §§ 19-466--19-471, and enacted a new Art. XVII as set out herein. The former Art. XVII pertained to similar subject matter and derived from Ord. No. 101, §§ 18.01, 18.03--18.05, adopted March 23, 1971; Ord. No. A47, § 4, adopted March 16, 1988; Ord. No. A53, § 4, adopted Oct. 26, 1989; Ord. No. A61, § II, adopted July 17, 1991; Ord. No. 156-A70, § 1, adopted July 15, 1998.
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Sec. 19-466. Statement of purpose.
(a) The M-2, general industrial district is established as a district in which the principal uses allowed would be more intensive in nature than those uses allowed in the M-1, light industrial district.
(b) The intent of this district is to provide areas for industrial uses, which, because of the nature of their operation, require review and regulation concerning potential adverse appearance, nuisance effects, air pollution and ground water pollution to assure that they would minimize impacts with surrounding residential or commercial land uses and to provide areas in the township where industrial uses requiring outdoor storage would locate.
(c) The M-2, general industrial district is designed primarily for contractor yards, 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 M-2 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 material.
(d) The M-2 general industrial district is also established to accommodate existing industrial uses established prior to the effective date of this chapter not permitted in the M-1 District, but specifically excluding those heavy industrial uses such as, but not limited to, the manufacture or processing of chemicals, cement or rubber products; stockyards; steel mills; or distilleries that are inconsistent with the planned character of the community.
(Ord. No. 156-A88, § 1, 10-17-01)
Sec. 19-467. Permitted principal uses.
The following uses are permitted in an M-2 district provided any production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products shall conform to the performance standards set forth in section 19-470.
(1) Any principal use in the M-1 district and as regulated in that district with regard to special land use approval and conditions.
(2) Construction equipment, heavy equipment sales and service establishments, material handling equipment sales and service establishments, and truck and farm equipment storage and service facilities subject to the following conditions and exemptions:
a. All service activities shall be conducted completely within an enclosed building.
b. Such uses shall have: 1) frontage on or direct access to a major thoroughfare; or 2) instead be so located in a manner which ensures safe and reasonable traffic operating conditions on neighboring streets and intersections after development of the proposed use. For purposes of this section, such determination shall be made based upon the evidence of a professionally prepared traffic impact study which concludes that the anticipated impact on roadways adjacent to the study site and affected nearby intersections will be comparable to or less than that of other uses permitted by right in the M-2 District.
c. Any such approved use established prior to the effective date of this chapter is exempt from the locational requirements of this section and is, therefore, considered a conforming use for purposes of this article with such right of use transferable to subsequent purchasers.
(3) Commercial contracting businesses including, but not limited to, landscape contractors, building contractors, underground water and sewer contractors, and road construction and paving firms.
(4) Lumber and planing mills when located in the interior of the district so that no property line shall form the exterior of the M-2 district.
(5) Brick and paving block manufacturers, when all processes are conducted within an enclosed building.
(6) Public utility service and storage yards.
(7) Other uses of a similar and no more objectionable character to the above uses, as determined by the planning commission.
(Ord. No. 156-A88, § 1, 10-17-01)
Sec. 19-468. Permitted uses after special approval.
The following uses shall be permitted in the M-2 district subject to the conditions hereinafter specified and subject to the requirements of section 19-84 and section 19-564.
(1) Truck terminals, subject to the following:
a. The minimum lot area shall be three acres.
b. An obscuring greenbelt buffer shall be provided along the property line where the adjacent property is zoned or used for residential purposes, built to the specifications of subsection 19-85(f).
c. The property shall have frontage on, or direct paved access to, a paved major thoroughfare.
d. Buildings on site shall be set back from abutting residentially zoned property not less than 100 feet.
e. Any repair and maintenance activity shall be conducted within an enclosed building.
(2) Commercial sale of new and used heavy trucks, farm equipment, and heavy off-road construction equipment, subject to the following:
a. The open storage of any such equipment shall comply with the requirements of section 19-470 below, except that up to five such vehicles and/or equipment may be displayed within the front yard when placed on gravel or concrete pads and made an integral part of the yard's landscaping, provided the booms of such vehicles and equipment are stored in their lowest operable height.
b. The property shall have frontage on, or direct paved access to, a paved major thoroughfare.
(Ord. No. 156-A88, § 1, 10-17-01)
Sec. 19-469. Accessory buildings, structures, and uses.
The following accessory buildings, structures, and uses may be permitted in the M-2 district:
(1) Accessory buildings, structures and uses that are customarily incidental to any of the above uses when located on the same premises.
(2) Signs in accordance with section 19-79.
(Ord. No. 156-A88, § 1, 10-17-01)
Sec. 19-470. Required conditions.
Any new use in the M-2 district established after the effective date of this chapter shall be operated so as to comply with the performance standards set forth in this section; however, whenever any provisions of this article imposes more stringent requirements, regulations, restrictions or limitations that are imposed or required by the provisions of any other law or ordinance, then the provisions of this article shall govern. Whenever the provisions of any other law or ordinance impose more stringent requirements than are imposed or required by this article, then the provisions of such law or ordinance shall govern.
(1) Smoke, dust, dirt and fly ash. The emission of smoke, dust, dirt and fly ash shall be in no manner unclean, destructive, unhealthful, hazardous or deleterious to the general welfare. Such emission shall be in strict conformance with all applicable state and county health laws pertaining to air pollution and smoke abatement. A person shall not discharge into the atmosphere, from any single source of emission, any smoke of a density equal to, or greater than that density described as No. 2 on the Ringelmann Chart, as published by the United States Bureau of Mines, provided that the following exceptions to the provisions of this rule shall be permitted:
a. Smoke the shade or appearance of which is equal to but not darker than No. 2 of the Ringelmann Chart for a period or periods aggregating four minutes in any 30 minutes.
b. Smoke the shade or appearance of which is equal to but not darker than No. 3 of the Ringelmann Chart for a period or periods aggregating three minutes in any 15 minutes when building a new fire or when breakdown of equipment occurs such as to make it evident that the emission was not reasonably preventable.
(2) Open fires. A person or industry shall not burn any combustible refuse in any open outdoor fire within the district.
(3) Gases. The escape of or emission of any gas which is injurious, destructive or explosive shall be unlawful and may be summarily caused to be abated. Sulphur dioxide gas, as measured at the property line at ground elevation, shall not exceed an average of 0.3 p.p.m.; hydrogen sulfide likewise shall not exceed one p.p.m., and carbon monoxide shall not exceed 15 p.p.m.; all as measured as the average intensity during any 24-hour sampling period.
(4) Nuisance. A person or industry shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment or nuisance to the public or which endanger the comfort, repose, health or safety of the public or which cause or have a natural tendency to cause injury or damage to business or property.
(5) Light. Lights for parking lots and buildings shall be so oriented and shielded that they do not shine directly into an abutting property. Exterior spot lighting or other illumination shall be so installed as to eliminate any nuisance to adjoining residential districts or other properties or to traffic on public highways. Compliance with standards of section 19-105, Lighting, is required.
(6) Glare or heat. All operations which produce glare, such as welding and acetylene torch cutting, must be performed in such a manner that the glare cannot be seen from any property line. If heat is a result of an industrial operation, it shall be so insulated as to not raise the air temperature at any property line at any time.
(7) Open storage. Open storage shall conform with the following requirements:
a. All outdoor storage used in the course of the applicant's business shall be restricted to the rear yard or be set back from the front property line not less than 150 feet, whichever is less restrictive. All outdoor storage shall also not be less than 20 feet from any interior lot line except as provided by subsection 19-470(7)c. below.
b. Licensed motor vehicles and trailers and operable equipment related to the activities of a permitted use may be stored on site provided they are not used as permanent storage facilities for the principal use. This restriction shall not be construed to prohibit the storage of unlicensed or inoperable vehicles, trailers or equipment on site for the purpose of cannibalization for parts, provided such vehicles, trailers, or equipment are kept within an enclosed building or screened on all sides in accordance with subsection 19-470(e) below.
c. Equipment, vehicle, or trailer storage shall be permitted outside provided such equipment, vehicles, or trailers are stored at their lowest operable height. The outdoor storage of equipment, vehicles or trailers exceeding eight feet in height shall only be permitted when setback distances are increased above those specified in subsection 19-470(7)a. above by one foot for each foot or portion thereof, the equipment, vehicles or trailer height exceeds eight feet in height. In no instance, however, shall such storage be closer than 50 feet to the boundary of an abutting residential district. Materials shall not be stored at a height greater than eight feet.
d. An all weather durable roadway shall be provided and maintained from the street to the rear of the outside storage to permit fire access of emergency vehicles at any time. Any portion of roadway open to the general public shall be paved.
e. All such open storage shall be screened from all streets, screened from private road easements serving two or more parcels of property, screened on all sides abutting a non-industrial district, and screened to prevent visibility from all horizontal lines of sight from neighboring residentially zoned property. The options for screening shall consist of a solid eight-foot tall wall or fence with an adjacent greenbelt, or by an earth berm, in accordance with the following requirements; however, alternatives to the required screening walls or fences and berms may be approved by the planning commission pursuant to subsection 19-85(f)(3).
1. The screening wall or fence shall be constructed of masonry, decorative concrete, or weather treated wood materials. Any screening wall or fence shall be constructed in such a manner that all structural members, including braces, posts, poles, and other projections are on the interior side of the fence or wall.
2. Greenbelts shall be installed between the property line of the subject site and the screening wall or fence. Greenbelts shall not be less than 20 feet wide and may be only interrupted to provide for roads or driveways for vehicular access. Grass, ground cover or other suitable plant material shall be placed over the entire greenbelt area. A minimum of one deciduous tree or evergreen tree shall be planted for each 30 feet or portion thereof of required greenbelt length. Required trees may be planted at uniform intervals, at random, or in groupings. Required greenbelt length shall be defined as the horizontal straight line measurement of the greenbelt, scaled at its midpoint, along a line parallel to the screening wall or fence.
3. An earth berm may be used in lieu of a screening wall or fence and its adjoining greenbelt, in all or in part. The berm shall be at least three feet above grade elevation, and shall be constructed with slopes no steeper than one foot vertical for each three feet horizontal with at least a two-foot flat area at the top. For purposes of this provision, grade elevation shall be the ground elevation at the property line adjacent to the proposed berm. The berm shall be planted with grass or other suitable ground cover to ensure that it withstands wind and weather and retains its height and shape. Evergreen trees shall be planted in a staggered pattern on the crown of the berm. Such evergreen trees shall consist of closely spaced plantings not less than five feet in height at the time of their installation so as to form a complete visual barrier within two years of planting.
(8) Vibration. The intent of this section is to ensure that no operation shall generate any ground or structure borne vibrational motion that is perceptible to the human sense of touch beyond the property line of the site on which the operation is located. This shall be determined by the following standard: machines or operations producing ground transmitted oscillations resulting in an impact vibration or ground displacement which exceeds 0.003 inch amplitude at 960 cycles per minute of vibration as measured at the property line are prohibited. Vibrations resulting from temporary construction activity that occur between 7:00 a.m. and 9:00 p.m. from Monday through Saturday shall be exempt from the aforementioned maximum permitted vibration levels, provided that such activity occurs in a legally accepted manner.
(9) Radio transmission. For electronic equipment required in an industrial operation, the equipment shall be so shielded that its operation will not interfere with radio, television or other electronic equipment.
(10) Storage of flammable materials. Any activity involving the use or storage of flammable or explosive materials shall be subject to standards adopted by the state including protection by adequate fire-fighting and fire suppression equipment and such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved.
(11) Radioactive materials. No activity shall emit dangerous radioactivity at any point.
(12) Noise. The measurable noise emanating from the premises shall be in accordance with section 19-96.
(13) Fire and safety hazards. The storage and handling of flammable liquids, liquefied petroleum gases, and explosives shall comply with all state and federal rules and regulations, including those of the state department of environmental quality and the federal Environmental Protection Agency, and regulations as established by the Fire Prevention Act, Act. No. 207 of the Public Acts of Michigan of 1941 (MCL 29.1 et seq.), as amended. Further, all storage tanks for flammable liquid materials above ground shall be located at least 150 feet from all property lines, and shall be completely surrounded by earth embankments, dikes and other types of retaining walls which will contain the total capacity of all tanks so enclosed. See also section 19-98 for fire protection requirements.
(14) Electromagnetic radiation. Applicable rules and regulations of the Federal Communications Commission in regard to propagation of electromagnetic radiation are hereby made a part of this chapter.
(15) Drifting and airborne matter. The drifting or airborne transmission beyond the lot line of dust, particles or debris from any method of operation shall be unlawful and shall be summarily caused to be abated.
(16) Odor. The emission of noxious, odorous matter in such quantities as to be readily detectable at a point along any property line is prohibited. Air quality must be protected and all standards of the state department of environmental quality shall be observed.
(17) Storage of hazardous substances, including petroleum products. Hazardous substance storage shall be in accordance with section 19-103.
(18) Requirements on equipment and machinery. In the M-2 district, any machine or equipment which is determined by the planning commission from their review of its operational characteristics and specifications to be capable of creating intense earth-shaking vibrations or noise such as are caused by heavy drop forges, or heavy hydraulic surges, shall be set back at least 300 feet from any lot line which abuts non-industrial zoned land. The planning commission may waive this requirement upon finding that such impact caused by the operation of the machine or equipment will be controlled through such techniques as the installation of sound absorbing devices and barriers or their placement on shock absorbing mountings located on suitable reinforced concrete footings such as to prevent the transmission beyond the lot line of noise and vibration in excess of the standards specified above in section 19-470.
(Ord. No. 156-A88, § 1, 10-17-01)
Sec. 19-471. Site plan review.
For all uses permitted in an M-2 district, there must be site plan review as required under section 19-84.
(Ord. No. 156-A88, § 1, 10-17-01)
Sec. 19-472. Density, area, height, bulk, placement requirements.
The density, area, height, bulk, and placement requirements in the M-2 district shall be in accordance with the schedule of regulations, Article XIX.
(Ord. No. 156-A88, § 1, 10-17-01)
Secs. 19-473--19-490. Reserved.
ARTICLE XVIII. M-3, EXTRACTIVE INDUSTRIAL DISTRICT
Sec. 19-491. Statement of purpose.
(a) The M-3, extractive industrial district is established as a district in which the principal use of land is for excavation and removal of sand and/or gravel deposits.
(b) The intent of this district is to allow the removal of valuable mineral deposits and to protect land surrounding excavation projects from the nuisance effects, such as dust and dirt, noise and traffic, which result from such operation and to also insure that once the excavation operation is completed, the land is rehabilitated in such a manner as not to result in dangerous or unsightly conditions.
(Ord. No. 101, § 19.01, 3-23-71)
Sec. 19-492. Permitted principal uses.
The following uses are permitted in an M-3 district:
(1) The excavation, mining, stockpiling or removal of sand and/or gravel deposits subject to the issuance of a permit by the township board and upon compliance with the conditions of this chapter and subject to any conditions upon which the permit provided for hereunder is issued.
(2) Processing plants in connection with the washing, grading or other similar processing of excavated materials.
(3) Stock piles of sand and/or gravel as the produce of an excavation operation.
(4) Private use heliports in accordance with section 19-100.
(5) Signs in accordance with section 19-79.
(Ord. No. 101, § 19.02, 3-23-71)
Sec. 19-493. Existing extractive industrial operations.
(a) The owner or operator of any valid existing extractive industrial operation on the effective date of this chapter shall obtain from the township board within three months of the effective date, a certificate as a valid nonconforming use. Such certificate shall describe the property upon which such activity is contained (see also section 19-126).
(b) The failure to obtain a certificate as a valid nonconforming use within such three-month period, or the termination, nonuse, discontinuance or abandonment of a valid nonconforming use for a continuous eight-month period, shall constitute an abandonment and such use shall not be revived or resumed thereafter.
(Ord. No. 101, § 19.03, 3-23-71)
Sec. 19-494. Application for permit.
A separate permit shall be required for each separate excavation site. Each application for a permit shall be made in writing to the zoning administrator and shall contain the following information as a precedent to the obligation to consider such request:
(1) Names and mailing addresses of parties of interest in such premises setting forth their legal interest in said premises.
(2) Map of the property to be excavated.
(3) Plan for the development or rehabilitation of the property upon completion of the mining operation.
(Ord. No. 101, § 19.04, 3-23-71)
Sec. 19-495. Permits.
After reviewing all of the information submitted by the applicant and such other information as may be in the hands of the township, the township board shall determine whether or not a permit shall be issued. The permit shall be issued in the event the township board shall determine that the issuance of the permit would not detrimentally affect the public health, safety and general welfare of the citizens of the township.
(Ord. No. 101, § 19.05, 3-23-71)
Sec. 19-496. Surety bond requirements.
The township board shall, to insure compliance with any regulation contained in this article or required as a condition of the issuance of a permit for the excavation, mining, stockpiling or removal of sand and/or gravel deposits, require the permittee to furnish a surety bond executed by a surety company authorized to do business in the state in an amount determined by the township board to be reasonably necessary to insure compliance hereunder; provided, however, that in no case will the sum of the surety bond be less than $1,000.00 for each acre or fraction thereof of land as shown in the original application. In fixing the amount of such surety bond, the township board shall take into account the size and scope of the proposed operation, current prevailing cost of rehabilitating the premises upon default of the operator, estimated expenses to compel the operation to comply by court judgement, and other such conditions and factors as might be relevant in determining the sum reasonable in light of all facts and circumstances surrounding each application. Such surety bond shall be kept in a special account in the township depository and shall not be used for any other purpose than those specified in this article.
(Ord. No. 101, § 19.06, 3-23-71)
Sec. 19-497. Mandatory physical requirements.
The following requirements shall be mandatory:
(1) No more than 30 acres, excluding land used for processing, weighing and administration may be under excavation at any one time; subject however to the following limitations:
a. No more than ten acres for mining.
b. No more than ten acres for stripping or future mining preparation.
c. No more than ten acres for rehabilitation, however, additional acreage may be excavated if and providing a like amount exhausted acreage is rehabilitated as prescribed in section 19-498.
(2) Where an excavation in excess of five feet below the average grade of the property surrounding the excavation area will result from such operations, the applicant shall erect a fence with warning signs completely surrounding the portion of the site where the excavation extends, such fence will be of wire mesh or other suitable material and to be not less than five feet in height complete with gates, which gates shall be kept locked when operations are not being carried on.
(3) No excavation shall be made closer than 100 feet from the nearest street or highway right-of-way line nor nearer than 500 feet to the nearest residence nor closer than 100 feet to the nearest property line; provided, however that the township board may prescribe more strict requirements in order to give sublateral support to surrounding property where soil or geographic conditions warrant it.
(4) Any roads used for the ingress or egress to such excavation site, which are located within 300 feet of occupied residences shall be kept dust free by hardtopping with portland cement concrete or bituminous blacktop.
(Ord. No. 101, § 19.07, 3-23-71)
Sec. 19-498. Rehabilitation.
(a) When excavation and removal operations or either of them are completed, any excavated area above the established water line of an excavation containing water shall be graded so that no gradients in disturbed earth shall be steeper than a slope of four feet horizontal to one-foot vertical. A layer of arable topsoil shall be spread over the excavated area above the established water line to a minimum depth of four inches. The area shall be seeded with a perennial rye grass, maintained until the area is stabilized.
(b) All surface areas shall be backfilled with the strippings, overburden and topsoil removed from excavation and grades as necessary to reduce peaks and depressions so that the surface will result in topography consistent with abutting lands, and seeded with perennial rye grass, maintained until the area is stabilized.
(c) To provide stability for the banks of excavations containing water, there shall be left during excavation, or provided by fill, porous soil at the edge of the established water line to the depth of any excavation containing water. The slope of the porous soil below the established water line shall be three feet horizontal to one foot vertical extending 50 feet measured horizontally into the water covered excavation. The slope of the porous soil below the established water line extending beyond 50 feet into the water covered excavation and extending outside of the water covered excavation shall be the natural repose of the soil (see accompanying diagram).
(Ord. No. A25, § 2(19.08), 4-25-84)
diagram--ms. 2110.
Sec. 19-499. Reclamation.
When excavation and removal operations have expired, such extractive areas may be reclaimed for residential purposes in conjunction with rehabilitation requirements as provided in section 19-498, and subject to the conditions hereinafter imposed and subject further to site plan review as required under section 19-84, approval of rezoning, and land subdivision pursuant to Act No. 288 of the Public Acts of Michigan of 1967 (MCL 560.101 et seq., MSA 26.430(101) et seq.), as amended.
(1) The nature, size and character of residential development shall be in harmony with and shall meet the requirements of the R-1-R district or next adjacent district, whichever is applicable, as regards lot coverage, height, yards and other dimensional requirements.
(2) Notwithstanding anything heretofore required, the developer is permitted to vary lot sizes on lots fronting on an internal lake, provided in every instance all these residential lots meet or exceed the dimensional requirements of the R-1-S district and provided further only if recreation land or open space making water surface accessible to the total development is furnished.
(Ord. No. 101, § 19.09, 3-23-71; Ord. No. A19, § 1, 10-15-80)
Sec. 19-500. Signs.
(a) Signs in accordance with section 19-79 are permitted in the M-3 district.
(b) In addition, one sign advertising the uses of the premises and the name of the establishment provided that such sign shall not exceed 20 square feet in area and provided that such sign shall be either mounted along the face of the building or it shall be free standing. Signs that are mounted along the face of a building shall not project beyond the wall or any permanent architectural feature by more than one foot and shall not project more than two feet above the highest point of the roof or parapet and shall not come closer than three feet from either side corner of the face of the building. Free standing advertising signs shall not be over 20 feet in height.
(Ord. No. A19, § 1(19.10), 10-15-80)
Sec. 19-501. Annual inspection fee.
A fee, as established by the township board, shall be paid by the owner or operator of any valid, existing extractive industrial operation to permit inspections of the excavation site as to compliance with the requirements of this article as to factors of safety, abandonment and/or blight factors.
(Ord. No. A25, § 4(19.11), 4-25-84)
Sec. 19-502. Site plan review.
For all uses permitted in an M-3 district, there must be site plan review as required under section 19-84.
(Ord. No. A25, § 6(19.12), 4-25-84)
Sec. 19-503. Density, area, height, bulk, placement requirements.
The density, area, height, bulk and placement requirements in the M-3 district shall be in accordance with the schedule of regulations, article XIX.
(Ord. No. A25, § 7(19.13), 4-25-84)
Secs. 19-504--19-525. Reserved.
ARTICLE XIX. SCHEDULE OF REGULATIONS
Sec. 19-526. Table A.
TABLE A
TABLE INSET:

Lot Size Requirements Maximum Height
of Building Minimum Yard Setback°
Per Lot in Feet
Area Width
(In Feet)
Zoning District t Min.t Avg.t Min.t In
Stories In Feet Front Each
Side Rear Minimum
Floor
Area Per
Dwelling
Unit in
Sq. Ft.l Maximum
Lot
Coverage
in
Percent
R-1-R, Rural
residentialb-r-u 3 acres 2 acres 200 165s 2 35 35f 20f-e 50f 1,000 15
R-1-S, Suburban
residentialr-u 1 1/2 acres 1 acres 150 125q 2 35 35 15e 50 1,000 10
R-1, Single-family residentialv 11,200 sq. ft.c 9,600 sq. ft. 80 70 2 35 30g 10e 30 900 25
R-2, Multiple-family residential d 100 2 30 50w 50h-w 100 m 30
R-3, Mobile home park 15 acres 400 1 1/2 15 25w 20i-w 20i -- --
RO-1, Restricted office 1 acre 125 2 25 35y 15x-y 50 -- --
C-1, Local business 1 acre 100 1 20 50y 15j-k-x-y 20j -- --
C-2, Planned shopping center 25 acres 500 2 30 50y 50j-k-y 50j n 30
REC, Recreation 5 acres 200 -- -- 25 25 25 -- --
E, Proving ground -- -- -- 100p 30 20j 40j -- 25
M-1, Light industrial 2 acres 150 2 100 30w 20j-w 40j -- 40
M-2, General industrial 2 acres 150 2 100 40w 30j-w 50j -- 40
M-3, Extractive industrial 160 acres 200 2 40 40 30i-j 50j -- --

(Ord. No. A37, § 1, 2-18-87; Ord. No. A56, 4-18-90; Ord. No. A57, 6-20-90; Ord. No. 156-A80, §§ 4, 5, 10-21-98)
Footnotes:
aDeleted. (A-21, § III, 3-31-82)
bIn the R-1-R district, publicly owned buildings, public utility buildings, telephone exchange buildings, electric transformer stations and substations, and gas regulator stations necessary to provide essential service to the area by governmental units or public utilities will be permitted on lots having the minimum area, width, yard and coverage requirements set forth in the R-1 district of this chapter.
cDesirable neighborhood recreation space standards have been included in the community facilities plan for the township. The following clauses are included in the zoning ordinance as a means of promoting the provision of such recreation space.
(1) In instances where the subdivider provides space of a character, extent and location deemed suitable by the planning commission to the needs created by his subdivision for recreational areas, in accordance with the requirements of the paragraphs below, minimum lot area may be reduced to 9,600 square feet.
(2) Space for recreational purposes may be provided by the subdivider by one of the following methods:
a. By providing an area within the subdivision for use for recreational purposes, which recreational area so provided shall have an area equal to a minimum of 2.5 percent of the entire area platted or 400 square feet per lot platted or one platted lot, whichever shall be the greater, and which area shall be developed and maintained by the subdivider or by the lot owners in the subdivision under a legal arrangement adequate to secure such end; or
b. By conveying by warranty deed to the township an amount of land within the subdivision equal to a minimum of 2.5 percent of the entire area platted or 400 square feet per lot platted or one platted lot, whichever shall be the greater, which land or the proceeds thereof shall be held by the township to be used for the acquisition or improvement of land for one or more park or recreational areas in the neighborhood or the subdivision; or
c. By contributing to the township such sum of money as shall be equivalent to the reasonable market value at 2.5 percent of the entire area of the subdivision after the same shall have been improved or 400 square feet per platted lot after the same shall have been improved, whichever shall be the greater, which reasonable market value shall be computed at six times the state equalized valuation of land prior to subdividing in lieu of which such contribution shall be made. Such contributions shall be made in cash and all sums so contributed to be held by the township to be used for the acquisition or improvement of land for one or more parks or recreation areas in the neighborhood of the subdivision.
dWhen semidetached, two-family dwellings are permitted, they shall have a minimum lot area of 20,000 square feet. Where multiple dwellings are permitted, the total number of rooms (not including kitchen, dining and sanitary facilities) shall not be more than the area of the parcel in square feet, divided by 2,000. All units shall have at least one living room and one bedroom except that not more than five percent of the dwelling units may be of an efficiency apartment type (a unit consisting of not more than one room in addition to a kitchen and necessary sanitary facilities), and not more than 20 percent may be one-bedroom units.
(1) For the purpose of computing the permitted number of dwelling units per acre in the R-2 district, the following room assignments shall control:
TABLE INSET:

a. Efficiency.......... 1 room
b. One-bedroom apartment.......... 2 rooms
c. Two-bedroom apartment.......... 3 rooms
d. Three or more bedroom apartment.......... 4 rooms

(2) Plans presented showing a "den," "library," "great room," "family room" or other extra room other than a living room, shall count such extra room as a "bedroom" for the purpose of computing density.
(3) The area used for computing density shall be the total site area exclusive of any dedicated public right-of-way of either interior or exterior perimeter roads.
eExcept where otherwise provided in this chapter, all exterior side yards abutting a street shall be provided with a setback equal to the front yard setback requirement of the district in which located and all regulations applicable to a front yard shall apply, except further, where a nonresidential district abuts a residential district, the exterior side yard setback requirement shall not be less than the minimum front yard setback requirement of the abutting residential district, but not less than the required setback of the nonresidential district.
fThe main farm barn building shall not be less than 150 feet from the front property line. This requirement shall not apply to the alteration or addition to an existing barn or other farm buildings, except dwellings, which are located closer to the road and which existed prior to March 23, 1971.
gWhere a front yard of lesser depth than specified in the schedule of regulations exists in front of dwellings on more than 60 percent of the lots of record on one side of the street in any one block in a R-1 district, the depth of front yard for any building thereafter erected or replaced on any lot in such block need not be greater than the average depth of front yards of such existing buildings.
hFor every lot on which a multiple residential dwelling is erected, there shall be provided a side yard on each side of the lot.
(1) Each side yard shall be increased beyond the yard spaces indicated by two feet for each ten feet or part thereof by which the length of the multiple or row dwelling exceeds 40 feet in overall dimension along the adjoining lot line.
(2) Where two or more multiple, row or townhouse dwellings are erected upon the same lot, a minimum yard space of 20 feet in width shall be provided between structures. This yard width shall be increased by two feet for each ten feet or part thereof, by which each of the multiple, or row dwellings, having common yards, exceed 40 feet in length or that side of the building facing the common yard.
iBesides the overall yard requirements for the mobile home park, each mobile home or trailer shall have a minimum lot size of 4,800 square feet, and shall be set back at least 15 feet from all roads and shall be at least 20 feet from all other mobile homes or trailers.
jWhere any commercial or industrial premises adjoin residentially zoned property, either contiguous or across a public alley, there shall be provided a greenbelt in accordance with section 19-85.
kSide yard restrictions may be waived to allow for party wall construction subject to planning commission approval of the site plan and provided that continuous building development shall not exceed 500 feet.
lThe minimum floor area per dwelling unit shall not include area of basements, open unheated breezeways, open unheated porches, attached garages or utility rooms.
mWhere semidetached dwellings, row dwellings, apartments and efficiency units are permitted the required minimum floor space per unit shall be as follows:
TABLE INSET:

Size of Dwelling Unit Minimum Floor
Space Per Dwelling
Unit
(1) Efficiency units.......... 350 square feet
(2) One-bedroom unit.......... 450 square feet
(3) Two-bedroom unit.......... 600 square feet
(4) Three-bedroom unit.......... 800 square feet
(5) Plus, for each bedroom over three bedrooms in the dwelling unit.......... 150 square feet

nWhere motels are permitted in a C-2 district, a minimum of 250 square feet of floor area per motel unit shall be provided.
oIn determining required yard spaces for all land uses in any zoning district, the determination of such yard spaces shall be the distance from the building or structure on the lot to the nearest lot line except those lots adjacent to a regional thoroughfare, major thoroughfare, or collector street. For the latter lots, the yard spaces shall be measured from the proposed future right-of-way line for such thoroughfare to the building or structure on a lot (see sketch below). However, for residential subdivision, if the road right-of-way requirements of the county road commission are more restrictive than that of a street and traffic plan, the county regulation shall apply. Until such time as a street and traffic plan shall have been adopted, the following rights-of-way shall be observed:
(1) E. Commerce St.; W. Commerce Rd., Duck Lake Rd.; General Motors Rd.; N. Hickory Ridge Tr.; S. Hickory Tr. between Stobart Rd. and General Motors Rd.; N. Milford Rd.; S. Milford Rd.; Pontiac Trail; Stobart Rd.; and Wixom Trail, 120 feet.
(2) All other public streets shall retain a right-of-way equal to that which exists on July 17, 1991.
GRAPHIC LINK: YARD SPACE REQUIREMENTS
pNo building hereafter erected or altered in the E district shall exceed in height above ground two times the distance it sets back from the future right-of-way of any public road or highway.
qThe minimum width of a lot in a R-1-S district not part of an official subdivision shall be 150 feet.
rNotwithstanding anything heretobefore required, this regulation does not apply to single-family residential structures or parcels of record located in an R-1-R or R-1-S district, which had a site area of at least one acre on March 23, 1971, and which in building, rebuilding or reconstruction meet all other requirements of the R-1-R or R-1-S district, whichever is applicable, as regards lot coverage, height, yards and other dimensional requirements.
sThe minimum width of a lot in an R-1-R district not part of an official subdivision shall be 200 feet.
tA developer is permitted to vary lot sizes in the R-1-R, R-1-S and R-1 residential districts, provided he or she subdivides the land in accordance with all requirements of the State Subdivision Control Act, Act No. 288 of the Public Acts of Michigan of 1967 (MCL 560.101 et seq., MSA 26.430 et seq.), as amended, or obtains site plan approval for a site condominium project pursuant to all requirements of Act No. 59 of the Public Acts of Michigan of 1978 (MCL 559.101 et seq., MSA 26.50 et seq.), as amended, in order to encourage a more effective approach in the development of single-family residential areas, where a particular property does not reasonably permit a conventional subdivision or a site condominium from complying with underlying zoning without lot averaging due to environmental or other natural resources which are desirable to be protected and preserved.
In every instance, all residential lots must equal or exceed the minimum lot size or lot width required and the average lot area and lot width for all lots within a given development must equal or exceed the average required. For purposes of computing lot averaging in a R-1-R district, a maximum of four acre lot area and 250' lot width for any given lot may be utilized, and in a R-1-S district, a maximum of two acre lot area and 175' lot width for any given lot may be utilized. Larger lot areas and greater lot widths may be provided in the respective districts, however the aforestated limits apply for lot average computation purposes. Paved road surfaces may not be included in lot average computations.
uAverage and minimum of area requirements are based on gross area excluding paved road surface.
vAverage and minimum lot area requirements are based on net area (excluding existing and required road rights-of-way). Minimum lot sizes shall not be less than 12,000 square feet in any subdivision unless there is connection to a public water and a public sewer system. All lots without public sewer connection shall be subject to approval by the county health department for adequate septic tank facilities.
w No off-street parking, access aisles other than entrance/exit drives, or loading zones shall be permitted in the required front yard setback. Where a use is located on a corner lot and/or abuts a side street or road (public or private), such side yard shall be the same setback distance as the front yard in the respective zoning district and off-street parking, access aisles or loading zone shall also be prohibited therein. All required front yards or side yards abutting a side street or road shall be landscaped in accordance with section 19-85, as for front yard landscaping. Setbacks of not less than 50 feet shall be required for all yards abutting a major thoroughfare.
xSide yard setbacks in the RO-1 and C-1 districts shall be 15 feet, or the height of the building, with total combined being 30 feet minimum or twice the height of the building, whichever is greater.
yNo off-street parking, or access aisles, other than entrance/exit drives, shall be permitted in the first 20 feet, as measured from front lot line, of a required front yard setback (Refer also to footnote (e)). In the C-2 district no such off-street parking, loading/unloading area or access aisle shall be located closer to front lot line than 50 feet. (Refer also to section 19-357.) No off-street parking, loading/unloading area, or access aisle shall be located nearer than 30 feet from any interior side or rear lot line. All required setback areas shall be landscaped in accordance with standards at section 19-85.
zMaximum height for silos is 60 feet.
aaWireless communication facilities support structures shall be less than 200 feet in height as specified in subsection 19-108(d)(1)d.2.
(Ord. No. 101, AA.XX, 3-23-71; Ord. No. A21, § III, 3-31-82; Ord. No. A35, § 5, 10-15-86; Ord. No. A56, § 1, 4-18-90; Ord. No. A57, 6-20-90; Ord. No. A62, 7-17-91; Ord. No. 156-A67, § 1, 7-20-94; Ord. No. 156-A76, §§ 1, 2, 10-15-97; Ord. No. 156-A82, § 2, 5-17-00; Ord. No. 156-A90, §§ 1, 2, 5-16-01; Ord. No. 156-A97a, § 1, 10-17-01)
Sec. 19-527. Table B.
TABLE B
A-Weighted Sound Level Limits-Decibels
TABLE INSET:

Districts
Duration R-1, R-1-S, R-2, R-3,
R-1-R, REC RO-1, C-1, M-2, C-2,
E, M-1, M-3
Duration as a Fraction
(Percentage) of any One Hour Period Night* Day* Night* Day*
50% or greater 45 50 55 65
More than 10% but less than 50% 50 55 60 70
10% or less 55 65 70 75
Maximum, any duration 65 75 80 80

*Day--after 7:00 a.m. until 10:00 p.m.
*Night--after 10:00 p.m. until 7:00 a.m.
Secs. 19-528--19-555. Reserved.
ARTICLE XX. ADMINISTRATION AND ENFORCEMENT
Sec. 19-556. Enforcement.
The provisions of this chapter shall be administered and enforced by the zoning administrator or any other employees, inspectors and officials as the zoning administrator may delegate to enforce the provisions of this chapter.
(Ord. No. 101, § 21.01, 3-23-71)
Sec. 19-557. Duties of the zoning administrator.
(a) The zoning administrator shall have the power to issue permits and to make inspections of buildings or premises necessary to carry out his duties in the enforcement of this chapter. It shall be unlawful for the zoning administrator to approve any plans or any permits for any excavation or construction until he has inspected such plans in detail and found them in conformity with this chapter. To this end, the zoning administrator shall require that every application for a permit for excavation, construction, moving, or alteration or change in type or use or the type of occupancy be accompanied by written statement and plans or plats drawn to scale, in triplicate, and showing the following, in sufficient detail drawn to scale, to enable the zoning administrator to ascertain whether the proposed work or use is in conformance with this chapter.
(1) The actual shape, location and dimensions of the lot.
(2) The shape, size and location of all buildings or other structures to be erected, altered or moved, and of any buildings or other structures already on the lot.
(3) The existing and intended use of the lot and of all such structures upon it, including, in residential areas, the number of dwelling units the building is intended to accommodate.
(4) The signature of the fee holder owner of the premises concerned.
(5) Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this chapter are being observed.
(b) If the proposed excavation, construction, moving or alteration, or use of land as set forth in the application are in conformity with the provisions of this chapter, the zoning administrator shall issue a permit. If any application for such permit is not approved, the zoning administrator shall state in writing on the application the cause for such disapproval. Issuance of a permit shall in no case be construed as waiving any provisions of this chapter.
(c) The zoning administrator is under no circumstances permitted to grant exceptions to the actual meaning of any clause, order or regulation contained in this chapter to any person making application to excavate, construct, remove, alter or use either buildings, structures or land within the township.
(d) The zoning administrator is under no circumstances permitted to make changes to this chapter nor to vary the terms of this chapter in carrying out his duties as zoning administrator.
(e) The zoning administrator shall not refuse to issue a permit when the conditions imposed by this chapter are complied with by the applicant despite violations of contracts, such as covenants or private agreements which may result upon the granting of such permit.
(f) The zoning administrator shall record all nonconforming uses existing at the effective date of this chapter.
(Ord. No. 101, § 21.02, 3-23-71)
Sec. 19-558. Permits.
The following shall apply in the issuance of any permit.
(1) Permits required. It shall be unlawful for any person to commence excavation for, or construction of any building or structure, structural changes or repairs in any existing building or structure, or moving of an existing building, without first obtaining a permit from the zoning administrator. No permit shall be issued for construction, alteration or remodeling of any building or structure until an application has been submitted in accordance with the provisions of this chapter showing that the construction proposed is in compliance with the provisions of this chapter and with the building code.
a. No plumbing, electrical, drainage or other permit shall be issued until the zoning administrator has determined that the plans and designated use indicate that the structure and premises, if constructed as planned and proposed, will conform to the provisions of this chapter.
b. Alteration or repair of an existing building or structure shall not include any changes in structural members, stairways, basic construction type, kind or class of occupancy, light or ventilation, means of egress and ingress or any other changes not involving any of the aforesaid provisions.
(2) Permits for new use of land. A permit shall also be obtained for the new use of land, whether presently vacant or a change in land use is proposed.
(3) Permits for new use of buildings or structures. A permit shall also be obtained for any change in use of an existing building or structure to a different class or type.
(Ord. No. 101, § 21.03, 3-23-71)
Sec. 19-559. Certificates of occupancy.
It shall be unlawful to use or permit the use of any land, building or structure for which a permit is required, and to use or permit to be used any building or structure hereafter altered, extended, erected, repaired or moved, until the zoning administrator shall have issued a certificate of occupancy stating that the provisions of this chapter have been complied with.
(1) Certificate of validity. The certificate of occupancy, as required for new construction of, or renovations to existing buildings and structures, in the building code, shall also constitute certificates of occupancy as required by this chapter.
(2) Certificates for existing buildings. Certificates of occupancy shall be issued for existing buildings, structures or parts thereof, or existing use of land if after inspection it is found that such buildings, structures or parts thereof, or such use of land, are in conformity with the provisions of this chapter.
(3) Temporary certificates. Certificates of temporary occupancy may be issued for a part of a building or structure prior to the occupancy of the entire building or structure, provided that such certificate of temporary occupancy shall not remain in force more than 30 days, nor more than five days after the building or structure is fully completed and ready for occupancy; and provided further, that such portions of the building or structure are in conformity with the provisions of this chapter.
(4) Records of certificates. A record of all certificates of occupancy shall be kept in the office of the zoning administrator, and copies of such certificates of occupancy shall be furnished upon request to a person or persons having a proprietary or tenancy interest in the property involved.
(5) Certificates for accessory buildings to dwellings. Accessory buildings or structures to dwellings shall not require a separate certificate of occupancy, but rather, may be included in the certificate of occupancy for the principal dwelling, building or structure on the same lot when such accessory buildings or structures are completed at the same time as the principal use.
(6) Application for certificates. Certificates of occupancy shall be applied for in writing to the zoning administrator coincidentally with application for building permits and shall be issued within five days after notification of completion of the building, if it is found that the building or structure, or part thereof, or the use of the land is in accordance with the provisions of this chapter. If such certificate is refused for cause, the applicant shall be notified of such refusal and the cause thereof within such five-day period.
(7) Temporary trailer use. The zoning administrator shall have the authority to issue an on-site temporary trailer use permit for a period of not longer than six months during the construction of the principal dwelling. Wherever and whenever such permit is issued, a cash deposit in an amount as set by resolution of the township board shall be paid by the petitioner, such amount to be sufficient to assure the orderly removal of the trailer and site improvements, and also to guarantee that the trailer is of neat appearance when in use.
(Ord. No. 101, § 21.04, 3-23-71; Ord. No. A36, § 2, 12-17-86)
Sec. 19-560. Final inspection.
The recipient of any building permit for the erection, construction, alteration, repair or moving of any building, structure or part thereof, shall notify the zoning administrator immediately upon the completion of the work authorized by such permit, for a final inspection.
(Ord. No. 101, § 21.05, 3-23-71)
Sec. 19-561. Fees.
Fees for inspections and the issuance of permits or certificates or copies thereof, required or issued under the provisions of this chapter shall be collected by the township clerk in advance of the issuance of such permits or certificates.
(Ord. No. 101, § 21.06, 3-23-71; Ord. No. 36, 1-1-87)
Sec. 19-562. Amendments.
The township board may, upon recommendation from the planning commission, amend, supplement or change the regulation or the district boundaries of this chapter pursuant to the authority and according to the procedure set forth in Act No. 184 of the Public Acts of Michigan of 1943 (MCL 125.271 et seq., MSA 5.2963(1) et seq.), as amended. Whenever a petitioner requests a zoning district boundary amendment, he shall be the fee holder owner of the premises concerned or else have the fee holder owner also subscribe to his petition, and shall submit a petition for rezoning to the township clerk. Any applicant desiring to have any change made in this chapter shall, with his petition for such change, deposit the required fee as established by the township board with the township clerk at the time that the petition is filed to cover the publication and other miscellaneous costs for such change.
(Ord. No. 101, § 21.07, 3-23-71)
Sec. 19-563. Township planning commission.
As previously designated by the township board in 1966 (PC-1), the township planning commission is hereby designated as the zoning board and shall perform the duties of such board as provided in Act No. 184 of the Public Acts of Michigan of 1943 (MCL 125.271 et seq., MSA 5.2963(1) et seq.), as amended, in connection with the amendment of this chapter.
(1) The planning commission shall consist of nine members who shall be representative of major interests as they exist in the township, such as agriculture, recreation, education, public health, government, commerce, transportation and industry. All members shall be qualified electors of the township. One member of the township board shall be a member of the planning commission.
(2) All members of the planning commission shall be appointed by the township supervisor with the approval of township board. Members may be removed by the township supervisor, after a hearing, with the approval of the township board.
(3) The term of each member shall be for three years, except that of the members first appointed, one-third shall serve for one year, one-third for two years and one-third for three years. A successor shall be appointed not more than one month after the term of the preceding commission member has expired. All vacancies for unexpired terms shall be filled for the remainder of such term.
(4) The planning commission shall elect a chairperson, a vice-chairperson and a secretary from its members, and may create and fill such other offices or committees as it may deem advisable. The planning commission may appoint advisory committees outside of its membership. The term of all officers shall be for one year.
(5) The planning commission shall hold at least four regular meetings each year, and by resolution shall determine the time and place of such meetings. Special meetings may be called by two members upon written request to the secretary or by the chairperson. The secretary shall send written notice of any special meetings to all members at least 48 hours in advance of the meeting and comply with all provisions of the Open Meetings Act (MCL 15.261 et seq., MSA 4.1800(11) et seq.). All meetings shall be open to the public.
(6) The planning commission shall make recommendations to the township board on all amendments proposed for this chapter pursuant to amendatory procedures specified under section 14 of Act No. 184 of the Public Acts of Michigan of 1943 (MCL 125.271 et seq., MSA 5.2963(1) et seq.), as amended.
(7) The planning commission may engage the service of a township planning expert for zoning studies with the consent of the township board, with compensation paid from appropriations made by the township board, pursuant to section 7a of Act No. 184 of the Public Acts of Michigan of 1943 (MCL 125.271 et seq., MSA 5.2963(1) et seq.), as amended.
(8) The planning commission shall make use of such information and counsel which may be furnished by appropriate public officials, departments or agencies, and all public officials, departments and agencies having information, maps and data pertinent to township zoning are hereby directed to make the same available for the use of the planning commission pursuant to section 8 of Act No. 184 of the Public Acts of Michigan of 1943 (MCL 125.271 et seq., MSA 5.2963(1) et seq.), as amended.
(9) The planning commission shall review and recommend to the township board desirable course of action to take concerning proposed special approval of specified land uses (section 19-564); and site plan reviews (section 19-84).
(10) The planning commission may establish the amount and type of performance guarantees pursuant to authorization in section 19-565 in those instances where requested by the township board or board of appeals.
(11) The planning commission, in addition to preparing and adopting long-range use plans for the township shall have the responsibility as may be delegated by the township board to review any other planning, zoning or development issue and report its findings and conclusions to the township board.
(Ord. No. 101, § 21.08, 3-23-71)
Sec. 19-564. Powers of the township board concerning special approvals.
The township board shall have the following specific powers and duties concerning special approval.
(1) Purpose. In hearing and deciding upon special approvals, the township board shall base its actions on the theory that the development and execution of a comprehensive zoning ordinance is founded upon the division of the township into districts within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are variations in the nature of special uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration in each case of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such special uses fall into two categories:
a. Uses either municipally operated or operated by publicly regulated utilities or uses traditionally affected with a public interest; and
b. Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.
(2) Authorization. The special approval of specific land uses and activities, as required under various sections, may be authorized by the township board provided that no application for special approval shall be acted upon by the township board until after a written report and recommendation is prepared and filed with the township board by the township planning commission, which report shall become a part of the record, and after a public hearing is held thereon by the township board.
(3) Application. An application for special approval for a land use shall be filed and processed in the manner prescribed for application for site plan review in section 19-84 and shall be in such form and accompanied by such information as shall be established from time to time by the township board. Any application for special approval shall be filed simultaneously with an application for site plan review for the subject use.
(4) Notice of request for special approval. Notice of a request for special approval of a land use shall be in the form of one notice published in a newspaper of general circulation in the township, plus a notice sent by mail or by personal delivery to the owners of property for which approval is being considered, to all persons whom real property is assessed within 300 feet of the boundary of the property in question and to the occupants of all structures within 300 feet, except that the notice shall be given not less than five and not more than 15 days before the application is considered. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure. The notice shall:
a. Describe the nature of the special land use request.
b. Indicate the property which is the subject of the special land use request.
c. State when and where the special land use request will be considered.
d. Indicate when and where written comments will be received concerning the request.
e. Indicate that a public hearing on the special land use request may be requested by a property owner or the occupant of a structure located within 300 feet of the boundary of the property being considered for a special use.
(5) Hearing. At the initiative of the township board or upon the request of the applicant for special approval of a land use, or a property owner or occupant of a structure located within 300 feet of the boundary of the property being considered for a special land use, a public hearing with notification as required for a notice of a request for special land use approval as provided in subsection (4) of this section shall be held before a decision on the special approval request which is based on discretionary grounds. If the applicant or the township board request a public hearing, only notification of the public hearing need be made. A decision on a special approval request which is based on discretionary grounds shall not be made unless notification of the request for special approval, or notification of a public hearing on a special approval request is given as required by this section.
(6) Standards. No special approval shall be granted by the township board unless the special use:
a. Will promote the use of land in a socially and economically desirable manner for those persons who will use the proposed land use or activity; for those landowners and residents who are adjacent; and for the township as a whole.
b. Is necessary for the public convenience at that location.
c. Is compatible with adjacent uses of land.
d. Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected.
e. Can be adequately served by public services and facilities without diminishing or adversely effecting public services and facilities to existing land uses in the area.
f. Will not cause injury to other property in the neighborhood in which it is to be located.
g. Will consider the natural environment and help conserve natural resources and energy.
h. Is within the provisions of uses requiring special approval as set forth in the various zoning districts herein, is in harmony with the purposes and conforms to the applicable regulations of the zoning district in which it is to be located, and meets applicable site design standards for special approval uses.
i. Is related to the valid exercise of the township's police power and purposes which are affected by the proposed use or activity.
(7) Approval. The township board may deny, approve or approve with conditions, requests for special approval of land use. The decision on a special approval shall be incorporated in a statement of conclusions relative to the specific land use under consideration. The decision shall specify the basis for the decision, and any conditions imposed.
(8) Record. The conditions imposed with respect to the special approval of a land use or activity shall be recorded in the record of the special approval action and shall remain unchanged except upon the mutual consent of the township board and the landowner. The township board shall maintain a record of changes granted in conditions.
(Ord. No. 101, § 21.09, 3-23-71)
Sec. 19-565. Performance guarantee.
Where in this chapter there is delegated to the township board, board of appeals or the township planning commission the function of establishing certain physical site improvements as a contingency to securing a site plan approval, special approval, or variance, the township board, board of appeals or the township planning commission may, to insure strict compliance with any regulation contained or required as a condition of the issuance of a permit, require the permittee to furnish a cash deposit, certified check, irrevocable bank letter of credit or surety bond to be deposited with the township treasurer in an amount determined by the township board, board of appeals or the township planning commission to be reasonably necessary to insure compliance hereunder; provided, however, that in fixing the amount of such cash deposit, certified check, irrevocable bank letter of credit, or surety bond, the township board, board of appeals or the township planning commission shall take into account the size and scope of the proposed improvement project, current prevailing cost of rehabilitating the premises upon default of the operator, estimated expenses to compel operator to comply by court decree, and such other factors and conditions as might be relevant in determining the sum reasonable in the light of all facts and circumstances surrounding each application. The performance guarantee shall be deposited at the time of issuance of the permit authorizing the activity or project. The township may not require the deposit of the performance guarantee before the date on which the township is prepared to issue the permit. The township shall establish procedures under which a rebate of any cash deposits in reasonable proportions to the ratio of work completed on the required improvements will be made as work progresses. This section shall not be applicable to improvements for which a cash deposit, certified check, irrevocable bank letter of credit, or surety bond has been deposited pursuant to Act No. 288 of the Public Acts of Michigan of 1967 (MCL 560.101 et seq., MSA 26.430(101) et seq.), as amended.
(Ord. No. 101, § 21.10, 3-23-71)
Secs. 19-566--19-585. Reserved.
ARTICLE XXI. BOARD OF APPEALS
Sec. 19-586. Creation.
There is hereby established a board of appeals, which shall perform its duties and exercise its powers, as provided by Act No. 184 of the Public Acts of Michigan of 1943 (MCL 125.271 et seq., MSA 5.2963(1) et seq.), as amended, in such a way that the objectives of this chapter shall be observed, public safety, morals and general welfare assured and substantial justice done. The board of appeals shall consist of seven members, as follows:
(1) The township board shall appoint members of the board of appeals, pursuant to section 18(1) of Act No. 184 of the Public Acts of Michigan of 1943 (MCL 125.271 et seq., MSA 5.2963(1) et seq.), as amended.
a. The first member shall be a member of the township planning commission.
b. The second member shall be a member of the township board who may not be the chairperson of the board of appeals.
c. The remaining members shall be electors of the township selected and appointed by the township board from among the electors, residing in the unincorporated area of the township, who shall be representative of the population distribution and of the various interests present in the township. No employee or contractor, of the township board, may serve simultaneously as a member or employee of the board of appeals.
(2) Members of the board of appeals shall be removable by the township board for nonperformance of duty or misconduct in office upon written charges and after public hearing by the township board.
(3) Terms of members of the board of appeals shall be for three years, except for members serving because of their membership on the planning commission or township board, whose terms shall be limited to the time they are members of the township planning commission or township board, respectively, and the period stated in the resolution appointing them. When members are first appointed, the appointments may be for less than three years to provide for staggered terms. A successor shall be appointed not more than one month after the term of the preceding member has expired. All vacancies for unexpired terms shall be filled for the remainder of the term.
(4) The board of appeals shall elect a chairperson, a vice-chairperson and a secretary from its members and may create and fill such other offices or committees as it may deem advisable. The board of appeals may appoint advisory committees outside of its membership. The terms of all officers shall be for one year.
(Ord. No. 101, § 22.01, 3-23-71)
Sec. 19-587. Meetings.
All special meetings of the board of appeals shall be held at the call of the chairperson, and regular meetings at such times as the township board may determine. All meetings of the board of appeals shall be open to the public. The board of appeals shall keep minutes of its proceedings, showing the vote of each member on each question; or if absent or failing to vote, indicating such fact, and shall keep records of its finding, proceedings at hearing and other official actions, all of which shall be immediately filed in the office of the township clerk and shall be a public record.
(Ord. No. 101, § 22.02, 3-23-71)
Sec. 19-588. Appeals.
(a) An appeal may be taken to the board of appeals by any person affected by a decision of the zoning administrator. Such appeals shall be taken within such time as shall be prescribed by the township board by resolution by filing with the zoning administrator and with the board of appeals, a notice of appeal, specifying the grounds thereof and the payment of a fee established by the township board.
(b) The zoning administrator shall forthwith transmit to the board of appeals all of the papers constituting the record upon which action appealed from was taken. An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the board of appeals after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the circuit court on application, on notice to the zoning administrator and on due cause shown.
(c) The power or authority to alter or change this chapter or zoning map is reserved to the township board, as is provided by law.
(d) The board of appeals shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties and shall render a decision on the appeal without unreasonable delay. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney.
(Ord. No. 101, § 22.03, 3-23-71)
Sec. 19-589. Notice of hearing.
Notice of the hearing of the appeal shall be given by the township clerk to all owners of record of property within a radius of 300 feet of the premises involved by mail addressed to the respective owners at the addresses given in the last assessment roll. The time, place and subject matter of such hearing shall be printed in a newspaper of general circulation in the township once not less than ten days prior to such hearing.
(Ord. No. 101, § 22.04, 3-23-71)
Sec. 19-590. Powers concerning administrative review and variances.
The board of appeals is a body of limited powers. The board of appeals shall have the following specific powers and duties:
(1) Purpose. To hear and decide appeals where it is alleged there is an error of law in any order, requirement, decision or determination made by township officials in the enforcement of this chapter, and to hear and decide appeals where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter so that the spirit of this chapter shall be observed, public health and safety secured, and substantial justice done.
(2) Authorization. In hearing and deciding appeals, the board of appeals shall have the authority to grant such variances as may be in harmony with the general purpose and intent of this chapter, so that public health, safety and welfare secured, and substantial justice done, including the following:
a. Interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the plan, as shown upon the zoning map fixing the use districts, accompanying this chapter, where street layout actually on the grounds varies from the street layout as shown on the map aforesaid. In case of any question as to location of any boundary line between zoning districts, the board of appeals shall interpret the zoning map after recommendation from the planning commission.
b. Permit the erection and use of a building or an addition to an existing building, of a public service corporation or for public utility purposes, in any zoning district to a greater height or of a larger area than the district requirements herein established, and permit the location in any district of a public utility building or structure if the board of appeals shall find such use, height, area, building or structure reasonably necessary for the public convenience and service.
c. Permit the modification of the off-street motor vehicle parking space or loading space requirements where, in the particular instance, such modifications will not be inconsistent with the purpose and intent of such requirements, after recommendation from the planning commission.
d. Permit such modification of the height, lot area, yard setbacks, floor area and lot width regulations as may be necessary to secure an appropriate improvement of a lot which is of such shape or size, or so located with relation to surrounding development or physical characteristics, that it cannot otherwise be appropriately improved without such modification, provided that modification of lot area regulations shall be permitted only in instances where the nature of the soil and drainage is such that there is sufficient area for safe water supply and sanitary disposal of waste (unless central water distribution and/or sanitary sewage are provided). Whenever the board of appeals determines that the same are necessary in order to render a decision, it may require the appellant to submit a topographical survey or the results of percolation tests certified by a registered engineer or land surveyor.
(3) Conditions. The board of appeals, by majority vote, may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the zoning administrator from whom the appeal is taken.
(Ord. No. 101, § 22.05, 3-23-71)
Sec. 19-591. Standards.
In consideration of all appeals for variances, the zoning board of appeals shall review each case individually as to its applicability to each of the following standards so that the proposed variance or new land use:
(1) Will be of such location, size and character that it will be in harmony with the appropriate and orderly development of the surrounding neighborhood and applicable regulations of the zoning district in which it is to be located.
(2) Will be of a nature that will make vehicular and pedestrian traffic no more hazardous than is normal for the district involved, taking into consideration vehicular turning movements in relation to routes of traffic flow, proximity and relationship to intersections, adequacy of sight distances, location and access of off-street parking and provisions for pedestrian traffic, with particular attention to minimizing pedestrian-vehicle contacts in residential districts.
(3) Will be designed as to the location, size, intensity, site lay-out and periods of operation of any such proposed use to eliminate any possible nuisance emanating therefrom which might be noxious to the occupants of any other nearby permitted uses, whether by reason of dust, noise, fumes, vibrations, smoke or lights.
(4) Will be such that the proposed location and height of buildings or structures and location, nature and height of walls, fences and landscaping will not interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value.
(5) Will relate harmoniously with the physical and economic aspects of adjacent land uses as regards prevailing shopping habits, convenience of access by prospective patrons, continuity of development, and need for particular services and facilities in specific areas of the township.
(6) Is necessary for the public convenience at that location.
(7) Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected.
(8) Will not cause injury to the value of other property in the neighborhood in which it is located.
(Ord. No. 101, § 22.06, 3-23-71)
Sec. 19-592. Board of appeals approval.
The board of appeals may require the appellant to submit all necessary surveys, plans or other information necessary for the board of appeals to investigate thoroughly the matter before it. The board of appeals may impose such conditions or limitations in granting a variance as it may deem necessary to comply with the spirit and purposes of this chapter.
(Ord. No. 101, § 22.07, 3-23-71)
Sec. 19-593. Approval periods.
(a) No order of the board of appeals permitting the erection or alteration of a building shall be valid for a period longer than six months, unless a building permit for such erection or alteration is obtained within such period, and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.
(b) No order of the board of appeals permitting a use of a building or premises shall be valid for a period longer than six months unless such use is established within such period; provided, however, that such order shall continue in force and effect if a building permit for such erection or alteration is obtained within such period, and such erection or alteration is started and proceeds to completion in accordance with such permit.
(Ord. No. 101, § 22.08, 3-23-71)
Sec. 19-594. Circuit court appeal.
(a) The decision of the board of appeals shall be final. However, a person having an interest affected by this chapter may appeal to the circuit court. Upon appeal, the court shall review the record and decision of the board of appeals to insure that the decision:
(1) Complies with the constitution and laws of the state.
(2) Is based upon proper procedure.
(3) Is supported by competent material and substantial evidence on the record.
(4) Represents the reasonable exercise of discretion granted by law to the board of appeals.
(b) If the court finds the record of the board of appeals inadequate to make the review required by this section, or that there is additional evidence which is material and with good reason was not presented to the board of appeals, the court shall order further proceedings before the board of appeals on conditions which the court considers proper. The board of appeals may modify its findings and decision as a result of the new proceedings, or may affirm its original decision. The supplementary record and decisions shall be filed with the court.
(c) As a result of the review required by this section, the court may affirm, reverse or modify the decision of the board of appeals.
(Ord. No. 101, § 22.09, 3-23-71)

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