Charter Township of Midland, MI Article XII Special Uses; Special Land Use Permit Requirements

§ 300-61 Intent and purpose.

A. It is the intent of this article to provide a set of procedures and standards for special uses of land or structure which, because of their unique characteristics, require special consideration in relation to the welfare of the adjacent properties and the community as a whole.

B. It is the expressed purpose of the regulations and standards herein to allow, on one hand, practical latitude for the landowner and/or developer to make fullest use of his or her property, but at the same time maintain adequate provision for the protection of the health, safety, convenience and general welfare of the community.

C. For the purpose of this chapter, the following special land use categories are identified which, together with cited special land uses within the various districts, are operational under the conditions and standards of this chapter.

(1) Institutional uses.

(2) Commercial recreation.

(3) Manufactured housing parks/developments.

(4) Planned unit residential developments.

(5) Planned neighborhood shopping center.

(6) Day-care facilities.

(7) Funeral homes.

(8) Automobile service stations.

(9) Wireless communication facilities.

(10) Miscellaneous special land uses.

D. The following, together with previous references in other chapters of this chapter, designate the requirements, procedures and standards which must be met before a special land use permit can be issued.

§ 300-62 Permit procedures.

The application for a special land use permit, also referred to hereafter as "special use permit," shall be submitted and processed under the following procedures:

A. Submission of application.

(1) An application shall be submitted through the Building Inspector and/or Zoning Administrator on a special form for that purpose. Each application shall be accompanied with the payment of a fee as established by the Township Board of Trustees.

(2) In the event the allowance of a desired use requires both a rezoning and special land use permit, both requests may be submitted jointly, subject to the following:

(a) The ordinance procedures for each shall be followed as specified.

(b) All applicable standards and specifications required by this chapter shall be observed.

B. Data required.

(1) The special form shall be completed in full by the applicant, including a statement by the applicant that § 300-63 can be complied with.

(2) The name, address and telephone number of the applicant.

(3) The legal description of the subject parcel of land.

(4) A site plan meeting the requirements of § 300-78.

(5) Any additional items or submissions as determined by the special land use requirements of the specific, proposed use.

C. Charter Township of Midland Planning Commission. The Planning Commission shall be the body responsible for reviewing and recommending special land uses. The Planning Commission may, however, designate the Building Inspector and/or Zoning Administrator some specific responsibilities for assisting it in this function.

(1) Notification and publication. Once the Township has received a completed application package and the appropriate fee, the Planning Commission will process it in accordance with the public notice requirements described in § 300-79.

(2) Planning Commission review and hearing. The special use permit application package shall be the subject of both a site plan review and a public hearing conducted by the Planning Commission. If the applicant wishes to have the site plan review and special use permit considered at a single Planning Commission meeting, he or she must meet the following requirements:

(a) Public hearing on special use. The Planning Commission shall hold a public hearing on the application as part of the meeting at which the special use permit is considered.

[1] Notice. A notice of public hearing processed in accordance with the public notice requirements described in § 300-79.

(b) Consideration of a special use permit. Following the public hearing, the Planning Commission Chairman shall accept a motion to recommend approval, conditional approval, or denial of the special use permit. Planning Commission members shall then discuss the motion and vote upon it.

[1] Open meeting. Note that the Open Meetings Act[1] requires this vote to take place in an open public meeting.

[1] Editor's Note: See MCLA § 15.261 et seq.

[2] Prompt decision. In the interest of fairness and a timely response for all concerned parties, the Planning Commission shall render its decision on the special use permit during the same meeting in which the public hearing is held, unless further information must be obtained before a decision can be made. In such cases, action upon the special use permit may be tabled to a public meeting of the Planning Commission to be held on a specific date which is identified in the motion to table.

(c) Site plan review. The Planning Commission shall conduct a site plan review for the proposed use, using the procedure and standards presented in Article XIII and any specific standards identified for a special use by this chapter. The Planning Commission may approve the site plan as presented, approve it with conditions, deny it, or table approval of it to a specific meeting date.

[1] Public input. The site plan review is intended to be an objective review of factual information to determine whether precise standards have been met. However, the Planning Commission may choose to accept public comments or questions relating only to design considerations of the site plan.

[2] If the site plan is denied. In the event the site plan is denied, consideration of the special use permit shall still occur. The special use permit may still be approved with the condition that site approval must be obtained before the special use permit is valid.

(3) Recommendation. The Planning Commission may make a recommendation to the Township Board to deny, to approve or to approve with conditions, the request for special land use approval. If the application for a special land use permit is in compliance with all standards in this chapter and other applicable ordinance and state and federal statutes, it shall be approved. The decision on a special land use shall be incorporated in a written statement of findings and conclusions relative to the special land use which specifies the basis for the decision and any conditions imposed. The Charter Township of Midland Planning Commission must make the recommendation to deny, approve or approve with conditions a request for special land use permit within 60 days of its submission to the Planning Commission except in those cases where the applicant has been requested to furnish additional information, in which case a decision shall be made within 30 days from the receipt of said information.

(4) Approval. After receiving the recommendation from the Planning Commission, the Charter Township of Midland Board of Trustees shall make its decision.

(5) Reapplication. An application for a special use permit which has been denied by the Planning Commission may not be resubmitted for one year after the date of such denial.

(6) Terms of permit. If a use established under a special use permit is discontinued for a period of one year, the special use permit shall expire. If the use and/or structure for which a special land use permit was approved does not commence construction within one year of its approval, the special use permit shall expire. To reestablish the use after such expiration will require granting of a new special use permit, starting with a new application.

(7) Revocation. The privilege of a special use permit is subject to all conditions that have been attached to it during the process described above. Except as noted in Subsection C(6), the permit remains valid as long as all of those conditions are met. However, the Township Board shall revoke any special use permit after it has been proved that the permit conditions have been violated. The special use permit is a condition of the approval of the zoning permit, and revocation of it shall void the zoning permit.

(a) First notice. The Building Inspector and/or Zoning Administrator shall send written notice of a violation to the holder of the special use permit by certified mail. The notice shall state that correction must be made within 30 days or the Township Board will revoke the special use permit and order the use to cease.

(b) Considered nonconforming. From the time the Building Inspector's and/or Zoning Administrator's notice of violation is issued, until compliance with all special use permit conditions is restored, the use in question shall be treated as an illegal nonconforming use.

(c) Planning Commission action. The Building Inspector and/or Zoning Administrator shall notify the Planning Commission of the violation of conditions of the special use permit at the next regular Township Board meeting, and revocation of the special use permit shall be considered then. The Township's Board meeting will usually occur before the thirty-day period for the first notice has expired. In that case, the resolution to revoke the special use permit should be worded so that it takes effect only if compliance with all requirements is not restored. It shall also include authorization for the Building Inspector and/or Zoning Administrator to order the permit holder to cease the permitted use if the violation is not corrected by the end of the first notice period.

(d) Second notice and order. After expiration of the thirty-day period, the Building Inspector and/or Zoning Administrator shall notify the permit holder by certified mail that the special use permit has been revoked, and the use for which the permit was granted must cease within 60 days from the date of this second notice.

(e) Enforcement of order. Failure to comply with the order to cease an activity for which a special use permit has been revoked is a violation of this chapter, subject to all penalties thereof; see § 300-82.

§ 300-63 Permit standards.

Before approving or denying a special use permit application, the Planning Commission reviews the site plan for said use to establish that all applicable standards are satisfied. The site plan review shall determine compliance with the applicable district regulations, the site plan review standards from Article XIII, and any applicable standards from this chapter. Additionally, the following general standards, as well as specific use standards, shall be satisfied.

A. General standards. The Planning Commission shall review each application for the purpose of determining that each proposed use meets the following standards and, in addition, shall find adequate evidence that each use on the proposed site will:

(1) Be designed, constructed, operated and maintained so as to be harmonious, and appropriate in appearance, with the existing or intended character of the general vicinity and that such a use will not change the essential character of the area in which it is proposed.

(2) Not be hazardous or disturbing to existing or intended uses in the same general area and will be an improvement to property in the immediate vicinity and to the community as a whole.

(3) Be served adequately by essential public facilities and services, such as highways, streets, police, fire protection, drainage structures, refuse disposal, water and sewage facilities or schools.

(4) Not create excessive additional requirements at public cost for public facilities and services.

(5) Not involve uses, activities, processes, materials and equipment or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.

(6) Be consistent with the intent and purpose of the zoning district in which it is proposed to locate such use.

(7) Be compatible with the natural environment, including terrain, biota, floodplains and distinctive features or characteristics.

B. Conditions. The Charter Township of Midland Planning Commission may recommend that additional conditions be imposed as part of issuing a special land use permit if it is necessary to ensure that public services and facilities affected by the land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to ensure compatibility with adjacent uses of land and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall meet all of the following requirements:

(1) Be designed to protect natural resources, the health, safety and welfare and the social and economic well-being of those who will use the special land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity and the community as a whole.

(2) Be related to the valid exercise of police power and purposes which are affected by the proposed use or activity.

(3) Be necessary to meet the intent and purpose of this chapter, be related to the standards established in this chapter for the land use or activity under consideration and be necessary to ensure compliance with those standards.

(4) The conditions imposed with respect to the approval of a land use or activity shall be recorded in the record of the approval action and shall remain unchanged except upon the mutual consent and recommendation of the Board of Trustees and landowner. The Board of Trustees shall maintain a record of conditions which are changed. The breach of any condition shall be cause for the Township Board to revoke a special use permit as described in § 300-62C(7).

C. Specific requirements. The general standards and requirements of this section are basic to all uses authorized by special land use permit. The specific and detailed requirements set forth in the following section relate to particular uses and are requirements which must be met by those requirements, where applicable.

§ 300-64 Institutional uses.

A. Uses. The following uses may be authorized in those districts as noted under the respective zoning districts and provided the applicable conditions are complied with:

(1) Institutions for human care.

(2) Religious institutions.

(3) Educational and social institutions.

(4) Public buildings and public service installations.

(5) Cemeteries, public or private.

B. Development requirements. The following principles shall be utilized to evaluate the proposed location of any institutional use within a permitted district. These principles are alterable depending upon the specific conditions of each situation, but they shall be applied by the Planning Commission as general guidelines to help assess the impact of an institutional use upon the district in which such use is proposed to be located.

(1) Motor vehicle entrance should be made on a principal arterial or immediately accessible from a principal arterial as defined by National Function Classification System and/or the County Road Commission as to avoid the impact of traffic generated by the institutional use upon a residential area.

(2) Site locations should be preferred that offer natural or man-made barriers that would lessen the effect of the intrusion of the institutional use into a residential area.

(3) All buildings shall be of an appearance that shall be harmonious and unified as a group of buildings and shall blend appropriately with the surrounding area.

(4) Except public utility transformer stations and substations, gas regulator stations and housing for religious personnel attached to a church or school function:

(a) No building shall be closer than 40 feet to any property or street line.

(b) No more than 25% of the gross site area shall be covered by structures.

C. Specific requirements for certain uses.

(1) Hospitals (for overnight stay).

(a) The proposed site shall be at least five acres in area.

(b) The proposed site shall have at least one property line abutting a principal or minor arterial.

(c) No more than 25% of the gross site shall be covered by structures.

(2) Religious institutions.

(a) The proposed site shall be at least one acre in size plus 1/2 acre per 100 seats in the main auditorium.

(b) No building shall be closer than 40 feet to any property or street line.

(c) No more than 25% of the gross site area shall be covered by structures.

(3) Public utility transformer stations and substations, gas regulator stations and utility buildings.

(a) All buildings shall be harmonious in appearance with the surrounding residential area, if applicable, and shall be similar in design and appearance to any other buildings on the same site.

(b) Where mechanical equipment is located in the open air, it shall be screened from the surrounding residential area by suitable plant material and it shall be fenced for safety. All buildings housing mechanical equipment shall be landscaped and maintained to harmonize with the surrounding area.

§ 300-65 Golf courses, country clubs and shooting clubs.

A. Uses.

(1) The following uses may be authorized in those districts and, provided the applicable requirements are complied with:

(a) Golf courses.

(b) Country clubs.

(c) Shooting or hunting clubs.

(2) Accessory uses for a permitted use shall be construed to include restaurant and other eating or drinking establishments, such uses as a driving range and such retail sales that are directly connected with the conduct of the principal use.

B. Development requirements. The following standards shall be applicable as basic requirements for the use of land or for the erection, reconstruction or alteration of permitted structures.

(1) Allowed use should be located to be immediately accessible from a principal or minor arterial or collector street as classified by the National Function Classification System and/or the County Road Commission.

(2) Site location should be allowed which enhances the natural environment and amenities for community life.

(3) Minimum site shall be 50 acres or more, and access shall be so designed as to provide all ingress and egress directly onto or from a collector.

(4) Lighting shall be shielded to reduce glare and shall be so arranged and maintained as to direct the light away from all residential lands which adjoin the site.

(5) Off-street parking shall be provided as required in Article IV, which shall include additional spaces which may be required for such accessory uses as a restaurant or bar.

(6) Signs shall be in accordance with the schedule outlined in Article V.

(7) Minimum yard and height standards require that no building shall be closer than 50 feet to any property or street line. No building shall be erected to a height greater than that permitted in the district in which it is located, except as may be provided under height exceptions for the district in question.

§ 300-66 Manufactured housing development.

A. Authorization.

(1) Manufactured housing developments are herein recognized as fundamentally a multiple-residential use and that allowing in a residential classification, subject to particular conditions and standards, will best promote the public health, safety, comfort, convenience, prosperity and the general welfare as set out in this comprehensive Zoning Ordinance.

(2) The special features and demands of manufactured housing require full considerations of their site location, design and improvement; their demands upon public services and utilities; and their relationship to and effect upon adjacent land uses.

B. Uses. A manufactured housing development may include any or all of the following uses, provided that a plan of the proposed development is approved by the Mobile Home Commission of the State of Michigan in accordance with Act 96, Public Acts of 1987, MCLA § 125.2301 et seq., the Mobile Home Commission Act, as amended, and provided further that said development proposal meets the standards and conditions and all other provisions as herein established.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(1) Manufactured homes are designed for occupancy as a dwelling unit, and containing a minimum of 1,200 square feet of living area.

(2) Accessory buildings and services required for normal operation. Such establishments or service facilities shall be designed and intended to serve frequent trade of needs of persons residing within the park and may be permitted, provided that such uses:

(a) Shall not occupy more than 5% of the area of the park.

(b) Shall be subordinate to the residential character of the park.

(c) Shall present no visible evidence of commercial character to any area outside of the park boundaries.

(3) Maintenance building for conducting the operation and maintenance of a mobile home park. Only one permanent building can be established; however, a caretaker's residence may be established within or in addition to said permanent building.

C. Uses specifically prohibited. The sales, display or storage of manufactured homes for such uses within any portion that is expressly prohibited.

D. Development requirements. The following minimum requirements, guidelines and standards shall be used in considering the issuance of a special use permit. In addition to the provisions of this chapter, all parks shall comply with Act 96, Public Acts of 1987, MCLA § 125.2301 et seq., the Mobile Home Commission Act, as amended, proof of which shall be established by presentation of a certified copy of construction permit issued by the State of Michigan prior to final approval of special use permit. If any of the requirements of this section are less restrictive than the state Act (Act 96, Public Acts of 1987, MCLA § 125.2301 et seq., the Mobile Home Commission Act, as amended), the state requirements shall prevail.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(1) Park site standards.

(a) Manufactured homes intended for residential use must be located within a properly authorized manufactured home park.

(b) Minimum site size for manufactured home park shall be 40 acres.

(c) Minimum number. At least 60 spaces shall be completed and ready for occupancy, along with related park improvements, before first occupancy.

(d) Minimum site location standards require each proposed site to have at least one property line not less than 200 feet in length abutting a principal or minor arterial or collector street. The arterial or collector street shall be paved and of sufficient design capacity as required by the Midland County Road Commission to safely and effectively handle any increased traffic generated.

(e) Minimum site access standards require a minimum of two site access points and all points of entrance or exit from the park are to be paved to a minimum width of 24 feet for a two-way or one-way. All street entrance or exit drives shall not be located closer than 350 feet from the intersection of any two arterial streets, and no street parking shall be allowed within 100 feet of intersection with the public street.

(f) Minimum side yard dimensions require that no building upon the premises shall be located closer than 100 feet from any property line.

(g) Maximum height for any building or structure shall not exceed 2 1/2 stories or 35 feet.

(h) Minimum open space standards. At least 10% of the entire park must be preserved in open space. Open space does not include roads.

(2) Manufactured home space standards.

(a) Minimum space shall be 5,500 square feet, and the lot shall not be less than 50 feet in width. The minimum space of 5,500 square feet may be reduced by 20%, provided that each individual site shall be equal to at least 4,400 square feet and further provided that each square foot of land gained through the reduction of the lot be dedicated as open space.

(b) Minimum space yard dimensions for front yards and rear yards shall be 10 feet and for the side yards shall be a minimum of 10 feet from the nearest space line. The "front yard" is the yard which runs from the hitch end of the stand to the nearest space line. The rear yard is the opposite end of the stand, and the side yards are at right angles to the ends. Yard area shall not be encroached upon by enclosed buildings or structures, except that surfaced parking area or surfaced patio area may be provided in yard areas, but in all cases shall not be closer than five feet from a space side yard line.

(c) Space improvement standards require that each stand consisting of a solid reinforced concrete slab at least four inches in depth. All off-street parking spaces provided on individual mobile home space or on the mobile home park site shall be clearly defined and hard-surfaced with bituminous or concrete surfacing which shall be durable and well-drained under normal use and weather conditions. An outdoor, concrete-surfaced patio area of not less than 200 square feet shall be provided at each mobile home site, conveniently located to the entrance of the mobile home.

(d) Storage facilities shall be provided for each site, and further shall be waterproof and provide a maximum space of 500 cubic feet for each mobile home space.

(3) Utilities standards

(a) Sanitary sewer and water facilities to all manufactured homes shall be connected to a sanitary sewer system.

(b) Utility lines to each manufactured home park space shall be installed underground and specially designed for that purpose. When separate meters are installed, each meter shall be located in a uniform manner. When natural gas in unavailable, fuel oil or gas shall be furnished and distributed in a uniform manner in accord with an approved plan by the Planning Commission.

(4) Parking, streets and walkways. All driveways, streets, parking areas and walkways within the mobile home park shall be provided with surfacing of bituminous or concrete (see construction standards in Article IV) which shall be durable and well-drained, and adequately lighted with lighting units so spaced and of such capacity and height for safety and ease of movement of pedestrians and vehicles at night.

(a) Minimum parking standards are specified in Article IV, and required parking shall be off-street parking and shall be so located as to be convenient to residents and visitors.

(b) Minimum pavement widths.

[1] Park street standards provide that each mobile home space shall have access to a street which shall meet the following specifications, where appropriate to its character:

Minimum Pavement Widths
Parking Allowance	Traffic Flow	Minimum Paved Width (feet)
No parking	1-way or 2-way	24
Parking 1 side	1-way or 2-way	30
Parking 2 sides	1-way or 2-way	38

[2] All on-street parking shall be parallel and so arranged as not to impair the free movement of traffic or the safety of residents or visitors.

(c) Curb and gutter shall be provided for on all streets, and all street construction shall be in accordance with specifications as required by the Midland County Road Commission.

(d) Walkway standards provide that walks be provided from mobile homes to service buildings and mobile home facilities shall be at least four feet in width and walks used in common by one to three mobile homes shall be at least 30 inches in width.

(e) Lighting. The developer shall submit a park lighting scheme previously approved by the utility company supplying power.

(5) Buffers, landscaping and recreation.

(a) Greenbelt buffer of 30 feet in width shall be located within the 50 feet yard area as established herein. This greenbelt shall be established and continually maintained and shall consist of trees and shrubs, or grassed berm, to protect privacy for the mobile home residents and to shield the mobile homes from surrounding areas. The greenbelt shall contain at least one row, either straight or staggered, of deciduous and/or evergreen trees spaced not more than 40 feet apart, and at least three rows of deciduous and/or evergreen shrubs spaced not more than eight feet apart. In the case of a berm, said berm shall be a minimum of five feet in vertical height.

(b) Recreation space standards provide that common recreation space of not less than 20% of the gross park area shall be developed and maintained by the park owner. This area shall not be less than 100 feet in its smallest dimensions and its boundary no further than 500 feet from any mobile home space within its service area. Yard requirements as set out in this chapter are not to be defined as "recreational areas" in obtaining the minimum area of 20% as set forth herein.

(6) Public health and safety.

(a) Storage, collection and disposal of refuse and garbage shall be so conducted as not to create health hazards, rodent harborage, insect breeding area, fire hazards, or pollution of air or water bodies. All refuse and garbage shall be collected at least once weekly through a suitable public or private agency, if available. The park owner shall provide this service. Garbage containers shall be located in a uniform manner at each space and so designed to be of a permanent character or located out of general view. Dumpsters are expressly prohibited.

(b) Suitable fire hydrants shall be installed in all parks as required by the Fire Chief.

(c) To aid protection of the public safety, an orderly street name system and numbering system shall be established by the mobile home park owner and a plan of this system shall be verified by the local Post Office department and filed with the community Fire and Police Department. Mobile home space numbers shall be located uniformly on each space throughout the mobile home park, and street names shall be adequately marked.

(d) Manufactured housing. Installation of manufactured homes upon each site shall be accomplished in accordance with Part 6 of the Manufactured Housing Commission rules. All manufactured housing shall be connected to utilities and shall be skirted and anchored in accordance with Part 6 of the Manufactured Housing Commission rules.

(7) Miscellaneous provisions.

(a) Resident supervision and maintenance. The park shall be operated in compliance with the provisions of this chapter, and the manufactured home park owner(s) shall provide a designated individual, in residence, to adequately supervise and maintain the park, its facilities and its equipment in good repair and in a clean and sanitary condition.

(b) Performance bond. Upon granting a special use permit, a bond executed by any surety company authorized to do business in the State of Michigan, may be required to be delivered to the Township Board by the applicant for the faithful performance of the provisions of this chapter and conditions of the special use permit. Said bond shall be in an amount to be determined by the Township Board and shall be conditioned upon the completion of all acts relative to the construction, alteration or extension of any mobile home park within a period of time to be determined as a condition of the special use permit.

(c) Inspection of manufactured home parks is authorized, and the Building Inspector and/or Zoning Administrator is directed to make at least yearly inspections of the premises to ensure conformance with these section provisions and all other applicable codes and regulations.

§ 300-67 Planned residential unit development.

It is the purpose of this section to encourage more imaginative and livable housing environments within the residential districts, as noted, through a planned reduction, or averaging, of the individual lot and/or area requirements for each zone district, providing the overall density requirements for each district remains the same. Such averaging or reduction of lot area requirements shall only be permitted when a landowner, or group of owners acting jointly, can plan and develop a tract of land as one complex land use unit, rather than an aggregation of individual buildings located on separate, unrelated lots. Under these conditions, a special use permit may be issued for the construction and occupancy of a planned unit development, providing the standards, procedures and requirements set forth in this section can be complied with.

A. Objectives.

(1) To provide a more desirable living environment by preserving the natural character of open fields, stands of trees, brooks, ponds, floodplains, hills and similar natural assets.

(2) To encourage the preservation of open space and the development of recreational facilities in a generally central location and within reasonable distance of all living units.

(3) To encourage developers to use a more creative and imaginative approach in the development of residential areas.

(4) To provide for more efficient and aesthetic use of open areas by allowing the developer to reduce development costs through the bypassing of natural obstacles in the residential site.

(5) To encourage variety in the physical development pattern of the community by providing a variety and mixture of housing types.

B. Qualifying conditions. Any application for a special use permit shall meet the following conditions to qualify for consideration as a planned unit development.

(1) All planned unit developments shall be under the control of the one owner or group of owners and shall be capable of being planned and developed as one integral unit.

(2) Public water facilities shall be available or shall be provided as part of the site development. The developer must demonstrate ability to provide water and sanitary sewer services, including all required county approvals and permits, or show connection to the public water system.

(3) For each square foot of land gained by averaging the lot sizes, an equivalent amount of land shall be set aside for common use. This land shall be dedicated for the use of the home or lot owners within the planned unit development under legal procedures. These legal procedures shall also give the public a covenant or interest herein, so as to provide a legal mechanism to ensure that the required open space as documented remains open in perpetuity.

(4) The proposed planned unit development shall meet all of the general standards outlined herein.

C. Uses that may be permitted. The following uses of land and structures may be permitted within planned residential unit development, subject to the district limitation as therein after listed:

(1) Single-family dwellings. In any R District.

(2) Two-family dwellings. In R-2 or B District.

(3) Townhouses, row houses, or other similar housing types which can be defined as a "single-family attached dwelling" with no side yards between adjacent dwelling units in R Districts, provided that there shall be no more than a length of 150 feet in any contiguous group allowed within the R-2 District, nor shall there be more than a length of 200 feet in B Districts.

(4) Apartments. In R-2 or B Districts.

(5) Recreation and open space, as defined (in any R District), provided that only the following land uses may be set aside as common land for open space or recreational use under the provisions of this section.

(a) Private recreation facilities, such as golf courses, swimming pools or other recreation facilities which are limited to the use of the owners or occupants of the lots located within the planned unit development.

(b) Historic building sites, or historical sites, parks and parkway areas, ornamental parks, extensive areas with tree cover, lowlands along streams or areas of rough terrain, when such areas have natural features worthy of scenic preservation.

(6) Planned neighborhood shopping centers in an R-2 or B District.

D. Lot variation and development regulations. The lot area for planned unit developments within Residential R Districts may be averaged or reduced from those sizes required by the applicable zoning district within which said development is located by compliance with the following requirements:

(1) Site acreage computation.

(a) The gross acreage proposed for a planned unit development shall be computed to determine the total land area available for development into lots under the minimum lot size requirements of the applicable zoning district in which the proposed planned unit development is located.

(b) In arriving at a gross acreage figure, the following lands shall not be considered as part of the gross acreage in computing the maximum number of lots and/or dwelling units that may be created under this procedure:

[1] Land utilized by public utilities as easements, for major facilities such as electric transmission lines, sewer lines, water mains or other similar lands which are not available to the other because of such easement. Lands within floodways.

(2) Maximum number of lots and dwelling units. After the total gross area available for development has been determined by the above procedure, the maximum number of lots and/or dwelling units that may be approved within a planned unit development shall be computed by subtracting from the total for street right-of-way purposes and dividing the remaining net area available by the minimum lot area requirements of the zoning district in which the planned unit development is located.

(3) Fixed percentages for street right-of-way purposes.

(a) The fixed percentages for street right-of-way purposes to be subtracted from the total gross area available for development shall be determined according to the following schedule:

District Use	Percent of Project Area
R-1 and R-2 (single-family detached)	25%
R-1, R-2, B (single-family attached, two-family and multiple-family)	20%

(b) These percentages shall apply regardless of the amount of land actually required for street right-of-way.

(c) Under this procedure, individual lots may be reduced in area below the minimum lot size required by the zone district in which the planned unit development is located, provided that the total number of dwelling units and/or lots created within the development is not more than the maximum number that would be allowed if the tract were developed under the minimum lot area requirements of the applicable zone district in which it is located.

(d) Recognizing that good project planning, provision of adequate and developed open space and sound site design minimize the effects of crowding associated with higher densities, the developer at the time of a special use permit may also request a maximum of up to 20% increase in permitted dwelling unit density, as above-computed.

(e) Said request may be granted as a condition of special use permit, provided increased density does not result in creation of any of these conditions:

[1] Inconvenience or unsafe access to the planned development.

[2] Traffic congestion in streets which adjoin the planned development.

[3] An excessive burden on public service or utilities including schools which serve the planned development.

(4) Permissive minimum lot area. Notwithstanding other procedures set forth in this section, lot sizes within planned unit developments shall not be varied or reduced in area below the following standards:

(a) One-family detached dwelling structure: 4,800 square feet of lot area.

(b) Two-family dwelling structure: 6,200 square feet of lot area.

(c) Townhouses, row houses or other similar permitted single-family attached dwelling types: 6,200 square feet of lot area for the first dwelling unit in each structure, plus 2,000 square feet for each additional dwelling unit within a structure.

(5) Permissive minimum yard requirements. Under the lot averaging or reduction procedure, each shall have at least the following minimum yards:

(a) Front yard: 15 feet for all dwellings, provided that front yard requirements may be varied by the Planning Commission after consideration of common green space or other common open space if such provides an average of 15 feet of front yard area per dwelling unit.

(b) Side yard: eight feet on each side for all one-family and two-family dwellings; none for townhouses or row houses, provided that there shall be a minimum of 20 feet between end of contiguous groups of dwelling units.

(c) Rear yard: 20 feet for all dwellings, provided that rear yard requirements may be varied by the Planning Commission after consideration of common open space lands or parks which abut the rear yard area.

(d) Perimeter setback. The yard requirements at the exterior boundaries of the project will not be less than the minimum yards required in the district where located.

(6) Maximum permissive building height: 2 1/2 stories, but not exceeding 35 feet. Accessory buildings shall not exceed a height of 15 feet.

E. Open space requirements. For each square foot of land gained through the averaging or reduction of lot sizes under the provisions of this section, equal amounts of land shall be provided in open space, as defined in Article II. There is no maximum amount of open space that may be set aside as open space. All open space, tree cover, recreational area, scenic vista or other authorized open land areas shall be either set aside as common land for the sole benefit, use and enjoyment of present and future lot or home owners within the development, or shall be dedicated to the general public as parkland for the use of the general public. The Planning Commission shall determine which of these options is most appropriate and shall recommend to the legislative body one of the following procedures as part of its approval of a special use permit for a planned unit development:

(1) That open space land shall be owned by the landowner or owners or a homeowners' association or other similar nonprofit organization so that fee simple title shall be vested in tract lot owners as tenants in common, provided that suitable arrangements have been made for the maintenance of said land and any buildings thereon, and provided further that a copy of the open space easement for said land be conveyed to the legislative body to assure that open space land remain open.

(2) That open space land shall be dedicated to the general public for parks or recreational purposes by the tract owner or owners, provided that the location and extent of said land conforms to the development plan and provided further that access to and the characteristics of said land is such that it will be readily available to and desirable for public use, development and maintenance.

(3) It is the intent of this section that the owners or developers of the planned unit development shall not be compelled or required to improve the natural condition of said open space lands.

F. Street development requirements. Street standards and specifications adopted by the Midland County Road Commission and all applicable local standards shall be complied with for all street improvements.

§ 300-68 Open space development.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

This chapter is intended to provide an optional method for residential development, as required by Act 110 of the Public Acts of 2006 (MCLA § 125.3101 et seq.), allowing for a minimum of 50% open space in the total proposed development. A residential development compatible with the open space preservation ordinance shall achieve economy and efficiency in the use of land and natural resources, to provide for efficiencies and economics in providing public services and utilities to encourage the development of more useful open space. The residential development shall not detract from the surrounding rural areas in which it is located and shall be consistent with the intent of the Township to provide safe, quality housing for its residents.

A. Applicability. All lots created after the effective date of this chapter where residences are permitted by rights at a density of two dwelling units per acre or less. These provisions shall apply in the following districts:

(1) R-1.

(2) All planned unit development (PUD) projects, as permitted in this chapter, subject to all the provisions of § 300-67, Planned residential unit development, and all other applicable provisions of Article XII and this chapter.

B. Development standards.

(1) Density. The maximum density permitted in an open space development is equal to the density in the existing zoning district.

(2) Site development requirements. Site development requirements for open space developments will follow the regulations in the existing zoning districts, with the following exceptions:

(a) Minimum lot area: 9,500 square feet.

(b) Minimum lot frontage: 80 feet.

(c) Rear yard setback: 20 feet.

(d) Maximum lot coverage: not applicable.

(3) Buffer requirements. When located adjacent to existing residential development, the proposed open space development shall provide a minimum of 100 feet between the property line of the adjacent residential development and the nearest structure within the open space development. This buffer does not count toward the open space requirement.

C. Application procedures. A developer who wishes to use the open space development option shall submit two concept plans for review by the Zoning Administrator and the Planning Commission. These concept plans shall be prepared in accordance with the site plan requirements in Article XIII and the following additional requirements:

(1) Density concept. One concept plan shall portray the development of the dwelling units on the site according to the requirements for the zoning district in which the site is located with respect to lot area, width, setbacks, and all other dimensional requirements. The proposed density must be realistic in terms of the project area that would actually be buildable. Wetlands, floodplains, areas that are reserved for roads or utility easements, and other areas that are unbuildable shall be excluded from the project density calculations.

(2) Open space concept. The other concept plan shall portray the development of the dwelling units in a manner so that at least 50% of the land area of the site will perpetually remain in an undeveloped state. The open space concept plan shall contain the same number of dwelling units as the density concept plan.

(3) Project narrative. The applicant shall provide a written narrative that explains the project and its benefits. The narrative should specifically address all elements of the project that would not comply with the zoning district regulations that would apply to the density concept plan.

(4) Long-term maintenance plan and maintenance schedule. The applicant shall provide a written narrative that details the proposed maintenance plan for the portion of the property to remain undeveloped. The plan should detail the specific maintenance that will occur, how often and how it will be perpetually funded.

D. Approval standards. The following requirements, in addition to the general standards contained within this chapter, must be met:

(1) Water supply and wastewater disposal. The proposed development will comply with all requirements of the Midland County Department of Public Health for residential water supply and wastewater disposal.

(2) Land Division Act. The proposed development will comply with all requirements of the Land Division Act.[1]

[1] Editor's Note: See MCLA § 560.101 et seq.

(3) Creation of open space. At least 50% of the project land area will remain perpetually in an undeveloped state, as previously defined in this section, by means of conservation easement, plat dedication, restrictive covenant, or other legal means that runs with the land and that is acceptable to the Township. The conservation easement, plat dedication, restrictive covenant or other legal means must include the maintenance agreement as proposed by the developer and approved by the Township. Failure to maintain the property as agreed is equal to a failure to abide by this chapter and the approval of the Planning Commission. Furthermore, the conveyance should provide for the assessment of the private property owners by the Township for the cost of maintenance of the open space in the event that it is inadequately maintained and becomes a public nuisance.

E. Maintenance of open space. The open space as identified and approved in the open space development must be maintained as agreed and identified in the narrative submitted under this section. As part of the special land use approval, the owner or owners of the open space development agree to provide access to the Township Zoning Administrator to inspect the maintenance of the open space. Approval of this open space development special land use provides the Township the right to, after inspection and request of the developer, provide maintenance of the open space area as specified within the approval at a cost of the maintenance to the Township, plus 25%. These costs will be distributed among the property owners within the development by special assessment.

§ 300-69 Planned neighborhood shopping centers.

A. Authorization. Continued urban expansion, the ever-increasing needs of neighborhood residents for services and goods which are conveniently located and attractive, together with the undesirable nature of strip commercial and scattering of commercial uses, require provisions for planned neighborhood shopping centers within developing areas. These centers are required to have flexibility of location, yet their impact upon adjacent properties and public facilities must be controlled in the public interest. It is the purpose of this section to arrange sound, planned, neighborhood shopping facilities within developing areas, without the necessity of indicating specific sites in advance. Planned neighborhood shopping centers may be allowed with R-2 Residential Districts or in conjunction with a Planned Unit Residential Development upon issuance of a special use permit where all the provisions of this section are met.

B. Objectives. The following objectives shall be considered in reviewing any application for a special use permit for a planned neighborhood shopping center:

(1) To promote a more complete urban design which includes necessary neighborhood services conveniently located and attractively designed.

(2) To encourage developers to use creative and imaginative approaches in the development of neighborhoods.

C. Qualifying conditions. To qualify for consideration as a planned neighborhood shopping center the following considerations shall be met:

(1) The proposed center is designed and will be developed with a unified architectural treatment.

(2) The center shall be one site of no less than four acres and shall contain at least five individual uses.

(3) The center must have one property line on a street classified as a "principal" or "arterial" and be provided with adequate ingresses and egresses, including provision of a service lane running the length of the property abutting the arterial.

D. Uses that may be permitted. The following uses of land and structures may be permitted within a planned neighborhood shopping center:

(1) Retail food establishments, as permitted in B-2 Business Districts.

(2) Other retail businesses, as permitted in B-2 Districts.

(3) Personal service establishments, as permitted in B-2 Districts.

(4) Offices for professional services, as permitted in B-2 Districts.

(5) Professional and administrative offices, as permitted in B-2 Districts.

(6) Restaurants, and other eating or drinking establishments which provide food or drink for consumption on the premises, provided that such establishments shall not be so-called "drive-in" facilities and that no dancing or entertainment shall be permitted.

(7) Temporary outdoor uses, such as displays, Christmas tree sales lots, revival tents, or other quasi-civic activities may be permitted on a temporary basis without a public hearing by the Zoning Board of Appeals, provided that such permit shall not be issued for more than 30 days in any one year and that said use can be adequately shown not to be injurious or detrimental to properties in the immediate vicinity.

(8) Signs, as provided in Article V.

(9) Off-street parking and loading as required and allowed.

E. Development requirements. In addition to qualifying conditions listed in Subsection C (above), the following requirements shall be met:

(1) Minimum yard requirements.

(a) Each lot shall have a minimum front yard of 30 feet, and said yard, except for necessary drives or walks, shall remain clear and shall not be used for parking, loading or accessory structures.

(b) Side yards shall be of not less than 30 feet and, further, in the case of a corner lot, the side yard on the street side shall be a minimum of 25 feet.

(c) Each lot shall have a rear yard of 30 feet.

(d) Side yards abutting any residentially zoned property shall contain an opaque fence or wall four feet in height.

(2) Maximum building height.

(a) The maximum building height shall be 2 1/2 stories or 35 feet.

(b) Exceptions (refer to Article III, § 300-10).

(3) Maximum lot coverage. The maximum coverage of land by all buildings shall not exceed 20%.

(4) Off-street parking requirements. Requirements for an allowed use shall be determined from the "Schedule of Parking Requirements" in Article IV (refer to § 300-18).

(5) Loading requirements.

(a) Any use engaged in the sale of merchandise, including prepared foods and beverages, shall provide at least one standard loading space, regardless of floor area, and at least one standard loading space for each 6,000 square feet or major fraction thereof of gross floor area involved in the use.

(b) Supplementary regulations are contained in Article IV.

§ 300-70 Day nurseries.

A. Authorization. In order to facilitate the care of schoolchildren, this section provides for the inclusion of nursery schools and child-care centers within Districts R-1 and R-2 and B-1 and within religious institutions within any zone district. When all of the procedures and applicable requirements stated and the additional requirements of this section can be complied with, this use may be authorized by the issuance of a special use permit or as otherwise cited.

B. Uses that may be permitted. Nursery schools, day nurseries and child-care centers (not including dormitories) may be authorized, provided that there shall not be more than one dwelling unit used for residential purposes on the site.

C. Development requirements. The following requirements for site development, together with any other applicable requirements of this chapter, shall be complied with:

(1) Pickup and dropoff must be designed so as not to interfere with the function of the roadway on or adjacent to the property.

(2) The development must meet all applicable requirements and guidelines per state law.

§ 300-71 Funeral homes.

A. Authorization. Because funeral homes perform special and necessary services to urban populations, and in recognition of the unique locational and site development characteristics of these functions, such uses of land may be authorized by special use permit within designated residential districts when all of the procedures and applicable requirements stated and the additional requirements of this section can be complied with.

B. Uses that may be permitted. Funeral homes, provided that the conduct of all aspects of activities related to such uses shall take place within the principal building and not in an accessory building. A caretaker's residence may be provided within the principal building and not in an accessory building.

C. Development requirements. The following requirements for site development, together with any other applicable requirements of this chapter, shall be complied with:

(1) Minimum site size. One acre site with a minimum width of 150 feet.

(2) Site location. The proposed site shall front upon a major or minor arterial or principal collector as classified on the adopted street plan. All ingress and egress to the site shall be directly from said thoroughfare.

(3) Yards. Front, side and rear yards shall be at least 40 feet, except on those sides adjacent to nonresidential districts, wherein it shall be 20 feet. All yards shall be appropriately landscaped in trees, shrubs and grass. No structures or parking areas shall be permitted in said yards, except that rear yards may be used for parking purposes under the requirements specified, and except for required entrance drives and those walls and/or fences used to obscure the use from abutting residential districts.

§ 300-72 Automobile service station.

A. Authorization. Automobile service stations may be permitted by special land use permit or as otherwise cited upon the issuance of a special use permit which complies with the stated requirements and with the general standards set forth.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

B. Objectives. It is the intent of this section to exercise a measure of control over service stations and permitted buildings and their sites, and to establish a basic set of standards within which individual solutions may be developed to meet the retail service needs of motor vehicles. The objectives of the regulations set forth in this section are to:

(1) Promote the type of development which will be compatible with other land use activities located in areas where service stations will be constructed.

(2) Control those aspects of service station design, site layout, and operation which may, unless regulated, be damaging to surrounding uses of land.

(3) Minimize the traffic congestion and safety hazards which are inherent in service station activity.

C. Uses that may be permitted. Automobile service stations, as defined in Article II, § 300-6, including the servicing of motor vehicles under 1 1/2 tons' rated capacity, such as minor adjustments to motor vehicles, including car washes, attached food store/convenience store and food sales, provided such accessory uses and services are conducted wholly within a completely enclosed building. Body repair, engine overhauling, steam cleaning or other mechanical or physical modifications to motor vehicles is specifically prohibited. Markets, convenience store, food service and other such similar uses may be permitted in conjunction with an automobile service station, provided that the use is accessory to the service station.

D. Site development requirements. The following requirements for site development, together with any other applicable requirements of this chapter, shall be complied with:

(1) Minimum site size. Fifteen thousand square feet with a minimum width of 150 feet.

(2) Site location. The proposed site shall have at least one property line on a principal or minor arterial.

(3) Building setback. The service station building, or permitted buildings, shall be set back 50 feet from all street right-of-way lines and shall not be located closer than 50 feet to any property line in a residential district unless separated therefrom by a street or alley.

(a) No installations, except walls or fencing and permitted signs, lighting and essential services, may be constructed closer than 20 feet to the line of any street right-of-way.

(b) Hydraulic hoists, pits and all lubrication, greasing, automobile washing and repair equipment shall be entirely enclosed within a building.

(4) Access drive. No more than two driveway approaches shall be permitted directly from any principal or minor arterial nor more than one driveway approach from any other street, each of which shall not exceed 35 feet in width at the property line.

(a) If the service station or permitted building site fronts on two or more streets, the driveways shall be located as far from the street intersection as practicable, but not less than 50 feet.

(b) No driveway or curb cut for a driveway shall be located within 10 feet of an adjoining property line and shall not be less than 25 feet from any adjacent lot within an R Residential District, as extended to the curb or pavement.

(c) Any two driveways giving access to a single street should be separated by an island with a minimum dimension of 20 feet at both the right-of-way and the curb or edge of the pavement.

(5) Curbing and paving. A raised curb at least six inches in height shall be erected along all of the street property lines, except at driveway approaches. The entire service area shall be paved with a permanent surface of concrete or asphalt.

(6) Fencing. A solid fence or wall four feet in height shall be erected along all property lines abutting any lot within a residential district.

(7) Signs, as provided in Article V, provided that no signs, whether permanent or temporary, shall be permitted within the public right-of-way.

(8) Off-street parking shall be provided in conformance with the schedule outlined in Article IV.

(9) Lighting. Exterior lighting shall be so arranged so that it is deflected away from adjacent residential districts and adjacent streets. The height of lighting shall not exceed 12 feet when located within 200 feet of a residential district and, further, may not exceed a height of 16 feet otherwise.

§ 300-73 Wireless communication facilities (for commercial operations).

A. Authorization. Changing technology in the field of communications has resulted in a reliance upon more versatile convenient forms of communication. Businesses, individuals and government have all developed a strong dependence upon the ability to quickly contact others. The use of radios and cellular phones have proven themselves over and over again in emergency situations.

B. Qualifying conditions. The following site and developmental requirements shall apply:

(1) Communication towers shall be restricted to self supporting structures. The use of guy wires is prohibited.

(2) The base of the tower and accessory structures shall be enclosed with a minimum six-foot-high fence.

(3) Special performance standards:

(a) The tower must be set back from all property lines a distance equal to its height, unless engineering plans and specifications have been verified by a report from a structural engineer registered in Michigan showing the tower antenna capacity by type and number, and a certification that the tower is designed to withstand winds in accordance with ANSI/EIA/TIA 222 (latest revision) standards, which tower shall be a self-supporting lattice tower or a self-supporting monopole. The applicant shall incur all costs associated with the review of such a report.

(b) Towers shall be set back from property lines a minimum distance equal to its height when erected on a parcel that abuts other R-1 or residentially zoned or used parcels.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(c) Accessory structures are limited to uses associated with the operation of the tower and may not be located any closer to any property line than 30 feet.

(d) Accessory structures shall be designed to be aesthetically compatible with the adjoining properties. This may include the construction of a brick facade and a pitched roof.

(e) Accessory structures shall not exceed 400 square feet of gross building area per structure.

(f) All buffer yard requirements within this chapter shall be met.

(g) All towers shall be equipped with an anticlimbing device to prevent unauthorized access.

(h) The plans of the tower construction shall be certified by a Michigan-registered structural engineer.

(i) The applicant shall provide verification that the antenna mount and structure have been reviewed and approved by a professional engineer and that the installation is in compliance with all applicable codes.

(j) All towers must meet the standards of the Federal Aviation Administration, the Federal Communications Commission and the Tri-City Area Joint Aviation Committee.

(k) Communication towers in excess of 175 feet in height above grade level shall be prohibited within two miles of a public airport property boundary or a one-half-mile radius of a helipad.

(l) Metal towers shall be constructed of, or treated with, corrosive-resistant material and shall be painted a color approved by the Township Zoning Administrator/Building Inspector. The applicant shall submit a maintenance program acceptable to the Township. The antenna shall be painted to match the exterior treatment of the tower.

(m) Antennae and metal towers shall be grounded for protection against a direct strike by lightning and shall comply as to electrical wiring and connections with all applicable local statutes, regulations and standards.

(n) Towers with antennae shall be designed to withstand a uniform wind loading as prescribed in the current Township Building Code.

(o) All signals and remote control conductors of low energy extending substantially horizontally above the ground between a tower or antenna and or structure, or between towers, shall be at least eight feet above the ground at all points, unless buried underground.

(p) Towers shall be located so that they do not interfere with reception in nearby residential areas.

(q) All signals and remote-control conductors of low energy extending substantially horizontally above the ground between a tower or antenna and a structure, or between towers, shall be at least eight feet above the ground at all points, unless buried underground.

(r) Towers shall be located so there is room for vehicles doing maintenance to maneuver on the property owned and/or leased by the applicant.

(s) The base of the tower shall occupy no more than 500 square feet.

(t) Minimum spacing between tower locations shall not be less than a 1 1/2 mile radius to prevent a concentration of towers in one area. This shall include a distance of neighboring township towers.

(u) The height of the tower shall not exceed 175 feet from grade within all applicable districts.

(v) Towers shall not be artificially lit unless required by the Federal Aviation Administration.

(w) Existing on-site vegetation shall be preserved to the maximum extent practical.

(x) There shall not be displayed advertising or identification of any kind intended to be visible from the ground or other structures, except as required for emergency purposes.

(y) All parking and drive areas must be paved as provided in this chapter.

(z) The developer shall plant two alternating rows of evergreen trees with a minimum height of five feet on twenty-foot centers along the entire perimeter of the tower and related structures. In no case shall the evergreens be any closer than 10 feet to any structure.

(aa) The tower and site compound shall be removed by the property owner or lessee within six months of being abandoned. The Township will require an irrevocable performance bond to ensure its removal in an adequate amount.

(bb) A conceptual plan must be submitted by the applicant which indicates the contemplated area left within the Township that the communication provider may construct other towers.

(cc) Towers shall be designed to provide for co-location. If the applicant demonstrates that he or she cannot co-locate on an existing tower, the applicant must provide documentation satisfactory to the Township that co-location is not possible.

(dd) Subject to the conditions in this subsection, the Township may permit the location of personal wireless communication facilities on any Township-owned and -occupied land.

(ee) The applicant shall submit a copy of a valid FCC license for the proposed activity, or proof that the applicant or carrier is the successful bidder for an FCC license at auction and that the final issuance of the FCC license purchased at auction is pending.

C. Site and development requirements. All communication towers shall satisfy the following site and development requirements:

(1) A minimum site of one acre with a minimum of 150 feet of road frontage.

(2) The base of the tower and wire cable support shall be fenced with a minimum six-foot-high fence.

(3) The use of guy wires is strictly prohibited in all districts.

D. Special performance standards. All communication towers shall satisfy and comply with the following special performance standards:

(1) The tower must be set back from property lines a distance equal to its height, unless engineering plans and specifications have been verified by the Township Engineer that the structural integrity of the tower will withstand high winds and impacts, and the likelihood of a tower failure is minimal. No guy wires are permitted. The applicant shall incur all costs associated with the Township engineering review. In no case shall a tower be located within 60 feet of a property line.

(2) Accessory structures are limited to use associated with the operation of the tower and may not be located any closer than 30 feet to any property line.

(3) Accessory structures shall not exceed 600 square feet of gross building area. If co-location is used, one such accessory structure is allowed for each provider, not exceeding five accessory structures.

(4) There shall be no employees located on the site on a permanent basis to service or maintain the antenna. Occasional or temporary repair and service activities are excluded from this restriction.

(5) All parking and drive areas must be, at a minimum, gravel-surface.

(6) Where the property adjoins any residentially zoned property or land use, the site shall be landscaped in accordance with the landscape requirements established by the Planning Commission. Existing mature tree growth and natural landforms on the site may be used in lieu of required landscaping, where approved by the Planning Commission.

(7) The property owner shall remove the tower within six months of being abandoned. The communications tower shall be deemed abandoned if, for a continuous period of six months, none of the antenna or other communication devices attached thereto are operational.

§ 300-74 Miscellaneous special uses.

A. Authorization. It is the intent of this section to provide a framework of regulatory standards which can be utilized by the Charter Township of Midland Board of Trustees as a basis for approving or disapproving certain uses which may be permitted by the issuance of a special use permit within the particular zone districts cited.

B. Special uses that may be permitted. The following land and structure uses may be permitted within the particular zone districts, provided that requirements specified and the applicable specified conditions established herein can be complied with:

(1) Incinerators and all disposal type sites. Refer to Chapter 246, Solid Waste, Article I, Waste Disposal, of the Code of the Charter Township of Midland.

(2) Junkyards. Refer to Chapter 164, Junkyards, of the Code of the Charter Township of Midland.

(3) Sewage and waste disposal.

(4) Drive-in theaters, racetracks, golf driving ranges and miniature golf courses or similar use.

(5) Institutions for the mentally retarded and physically handicapped, drug or alcoholic patients and camps or correction institutions.

(6) Sand, quarry, or gravel pits. Refer to Chapter 240, Soil Removal, of the Code of the Charter Township of Midland.

(7) Airports and commercial landing strips within any designated residential district.

(8) Commercial windmills and wind-powered electricity-generating devices.

(9) Kennels.

(10) Adult uses.

C. Site development requirements. A special use permit shall not be issued for the occupancy or use of a structure or a parcel of land, or for the erection, reconstruction, or alteration of a structure, unless complying with the following site development requirements. The powers of the Township Board of Trustees after recommendation by the Township Planning Commission shall have the authority to revoke any special use permit when, after reasonable warning, the operators of any use permitted under this section fail to comply with any of the requirements stipulated. The Planning Commission as part of its review of a particular special use permit may recommend any additional conditions and safeguards that are deemed necessary for the protection of the public welfare.

(1) Incinerators and sanitary landfills.

(a) All uses shall be established and maintained in accordance with all applicable State of Michigan statutes. If any of the requirements of this subsection are less than those in applicable state and federal statutes, the state and federal requirements shall prevail.

(b) All uses shall be enclosed by a fence six feet or more in height for the entire periphery of the property. Fences shall be adequate to prevent trespass and contain debris.

(c) All areas within any single development shall be rehabilitated progressively as they are worked out or abandoned so that they shall be in a condition of being entirely lacking in hazards, inconspicuous and blended with the general surrounding ground form.

(d) The Planning Commission shall establish routes for truck movement in and out of the development in order to minimize the wear on public streets, to minimize traffic hazards, and to prevent encroachment of traffic, or the by-products of traffic (such as dust and noise), upon adjacent properties.

(e) All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property, and individual, or the community in general.

(2) Junkyards. Refer to Chapter 164, Junkyards, of the Code of the Charter Township of Midland.

(3) Sewage treatment and disposal installations.

(a) All uses shall be established and maintained in accordance with all applicable State of Michigan statutes. If any of the requirements of this subsection are less than those in applicable state statutes, the state requirements shall prevail.

(b) All operations and structures shall be completely enclosed by a wire link fence not less than six feet high.

(c) All operations and structures shall be surrounded on all sides by a transition strip at least 200 feet in width within which grass, plant materials and structural screens shall be placed to minimize the appearance and odors of the installations. The Planning Commission shall approve all treatment of transition strips.

(4) Drive-in theaters, racetracks, golf driving ranges and miniature golf courses or similar uses.

(a) All sites shall be located on a principal or minor arterial or collector street.

(b) All traffic ingress and egress shall be from said thoroughfares. Local traffic movement shall be accommodated within the site so that entering and exiting vehicles will make normal and uncomplicated movements into or out of the major thoroughfares.

(c) All points of entrance or exit for motor vehicles shall be located no closer than 200 feet from the intersection of any two streets or highways.

(d) All vehicles shall have clear vertical and horizontal sight approaching a public street within 100 feet of the street for a sight distance of 500 feet in either direction along the street.

(e) Acceleration and deceleration lanes shall be provided to points of ingress and egress to the site. Left turns at entrances and exits should be prohibited on the major thoroughfare where possible.

(f) Whenever any use that may be permitted in the subsection abuts property within a residential district, a transition strip at least 100 feet in width shall be provided between all operations and structures, including fences and the residential property. Grass, plant materials and structural screens of a type approved by the Planning Commission shall be placed within said transition strip.

(g) A minimum yard of 100 feet shall separate all uses, operations and structures permitted herein, including fences, from any public street or highway used for access or exit purposes. This yard shall be landscaped in accordance with plans approved by the Planning Commission.

(h) Racetracks shall be enclosed for the entire used site for their full periphery with a solid screen fence at least eight feet in height. Fences shall be of sound construction, painted or otherwise finished attractively and inconspicuously.

(5) Institutions for the mentally retarded and physically handicapped, drug or alcoholic patients and camps or correctional institutions.

(a) The proposed site shall be at least 20 acres in area.

(b) The proposed site shall have at least one property line abutting a major or minor thoroughfare or principal collector as classified by the adopted street plan. All ingress and egress to the off-street parking area shall be directly from the major thoroughfare or collector.

(c) All two-story structures shall be at least 100 feet from all boundary lines or street lines. Buildings less than two stories shall be no closer than 50 feet to any property or street line. For buildings above two stories, the building shall be set back the initial 100 feet and an additional one foot for each foot of additional height above two stories.

(d) No more than 25% of the gross site shall be covered by buildings.

(e) Ambulance and delivery areas shall be obscured from all residential view by a solid masonry wall six feet in height. Access to and from the delivery area shall be directly from a major thoroughfare.

(f) All signs shall be in accordance with the schedule outlined in Article V.

(g) Off-street parking space shall be provided in accordance with the schedule outlined in Article IV.

(6) Sand, clay or gravel pits or quarries. The excavation of sand, gravel, topsoil or other earthwork is hereby regulated by Chapter 240, Soil Removal, of the Code of the Charter Township of Midland.

(7) Airports and commercial land strips.

(a) All uses shall be established and maintained in accordance with all applicable state and federal statutes. If any of the requirements of this subsection are less than those in the applicable state and federal statutes, the state and federal requirements shall prevail.

(b) The proposed site shall be at least 2,640 feet by 500 feet.

(c) Any runway shall have a minimum length of 1,500 feet with a 500-foot clearance at each of the runway's ends.

(d) The site in question shall have at least one property line abutting a collector or mile road.

(e) Buildings, height limits, lighting, parking and uses and activities shall be in accordance with applicable FAA and MAC regulations.

(8) Commercial windmills and wind-powered electricity-generating devices, providing:

(a) Minimum lot size required shall be two acres.

(b) The total maximum height permitted for such structures, including blades, shall not exceed 60 feet or 15 feet above the surrounding native trees, whichever is less.

(c) The structure shall not be closer to any adjacent lot line than the height of the structure and in no case less than 100 feet from an adjacent lot line.

(9) Kennels.

(a) A minimum lot size of five acres shall be maintained.

(b) Any building or fenced area where animals are kept shall be located a minimum of 200 feet from any public right-of-way, 100 feet from any property line and 150 feet from any residential dwelling located off the premises.

(c) The kennel shall be established and maintained in accordance with all applicable state, county and Township sanitation regulations. Odor, dust, noise, drainage or insects shall not constitute a nuisance to adjoining properties.

(10) Adult uses. In the development and execution of this chapter, it is understood there are some uses which, because of their very nature, have serious objectionable operational characteristics. Particularly, when several of them are concentrated in certain circumstances, a deleterious effect on adjacent areas results. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of surrounding neighborhoods. These special regulations are itemized in this section. Primary control or regulation is for the purpose of preventing a concentration of these uses in any one area or next to residential zoning or certain institutional uses.

(a) Distance restrictions. The following listed uses shall not be permitted to be established within 1,500 feet of each other:

[1] Adult-related businesses.

[2] Adult bookstores.

[3] Adult motion-picture theaters.

[4] Adult mini motion-picture theaters.

[5] Exotic cabarets.

[6] Massage parlors.

[7] Public baths.

(b) It shall be unlawful hereafter to establish an adult-related business within 1,000 feet of any residentially zoned property, or within 1,000 feet of any religious or educational institution, public park, or recreational land use.

(c) Signage and exterior display.

[1] Window displays, signs, or decorative or structural elements of buildings shall not include or display examples of actual adult uses and are limited to the signage provisions stated in Article V of this chapter.

[2] No adult use shall be conducted in any manner that permits the observation of any material depicting, describing, or relating to specific sexual activities or specified anatomical areas from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window, structural element, or other opening.

(d) Precautionary note to the Board of Appeals. When considering any appeal from adult-only business for reduction of spacing or separation standards established herein, the Board of Appeals shall address each of the following issues and include the findings regarding each point in its minutes.

[1] Ordinance intent. The proposed use shall not be contrary to the intent and purpose of this chapter, or be injurious to nearby properties.

[2] Blighting influence. The proposed use shall not enlarge or encourage the development of a concentration of such uses or blighting influences.

[3] Neighborhood conservation. The proposed use shall not be contrary to any program of neighborhood conservation, revitalization, or renewal.

[4] Other standards. The proposed use and its principal building shall comply with all other regulations and standards of this chapter.