Township of Cannon, MI Article 23 Special Land Uses

§ 450-23.01 Purpose.

A. Various land uses and activities possess unique characteristics which, under certain conditions, require special limitations and controls to insure compatibility with adjacent land uses, with the natural environment, and with existing and projected capacities of public services and facilities affected by such uses or activities.

B. Such land uses, if provided for in this chapter, are special land uses, subject to review and approval by the Planning Commission after public notice and public hearing. In granting any such approval, the Planning Commission may impose reasonable terms and conditions in order to assure that public services and facilities will be capable of accommodating increased service and facilities requirements, to protect the natural environment and conserve natural resources, and to promote the use of land in a socially and economically desirable manner.

C. Only the special land uses specifically stated in this chapter are eligible for consideration and approval. This article includes provisions for applications for special land uses; required procedures; standards for approval of special land uses; and particular standards and requirements for specific special land uses which are available if included in the zone district articles or in other provisions of this chapter.

§ 450-23.02 Applications for special land uses.

An applicant for a special land use shall proceed as follows:

A. An application, on a form provided by the Township, shall be completed by the applicant and submitted to the Zoning Administrator.

B. The fee established for an application for a special land use shall be paid at the time of the filing of the application. The applicant shall also deposit the required sum into an escrow account with the Township for use in reimbursing the Township for its expenses in the consideration of the matter, as specified in the Township's zoning escrow account procedures.

C. A site plan and the required number of copies covering the special land use shall be submitted with the application. The site plan shall comply with all of the required contents of a site plan as stated in § 450-22.06A, except items waived under § 450-22.06B.

§ 450-23.03 Procedures for consideration and approval.

A. When an application and site plan are received for an available special land use, the Zoning Administrator shall determine whether the application and the site plan are complete. If either is incomplete, the Administrator shall return both to the applicant for correction or completion. Complete applications and site plans shall be forwarded by the Zoning Administrator to the Planning Commission for public hearing.

B. Notice of a Planning Commission public hearing on a proposed special land use shall be published and mailed in accordance with Article 32 of this chapter.

C. A special land use shall comply with all of the minimum requirements provided in this chapter and in other applicable Township ordinances for the special land use.

D. In considering a special land use, the Planning Commission may require the submission of additional reports, studies or information, including an environmental impact assessment, traffic impact study, stormwater drainage plan and other plans or studies, bearing upon the operation and effects of the special land use.

E. In its review of the application and the site plan, the Planning Commission may submit the same for review and comment by the Township's professional consultants.

F. Following the public hearing, the Planning Commission shall approve the special land use, deny the use or approve the use with conditions, subject to Subsection G of this section. If the special land use is denied, the Planning Commission shall specify the grounds for denial in a resolution or in the minutes of the public hearing.

G. In the case of a special land use that is subject to final approval by the Township Board, the Planning Commission shall, after public hearing, make a recommendation to the Board as to whether the special land use shall or shall not be approved or, if approved, upon what terms. Following such recommendation, the application, the site plan, the minutes of the Planning Commission hearing and other relevant information and materials on the matter shall be forwarded to the Township Board for consideration and decision.

§ 450-23.04 Standards for approval.

The Planning Commission shall approve a special land use only if all of the following standards are satisfied, in addition to any specific requirements stated in this chapter for the special land use:

A. The use is designed and constructed, and will be operated and maintained, so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, will be compatible with adjacent uses of land, and will not change the essential character of the area in which it is proposed.

B. The use is, or will be as a result of the special land use permit, served adequately by public services and facilities, including, but not limited to, streets, police and fire protection, drainage structures, refuse disposal, water and sewer facilities and schools.

C. The use does not involve activities, processes, materials and equipment or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of traffic, noise, smoke, fumes, glare or odors.

D. The use will be compatible with the natural environment and will be designed to encourage conservation of natural resources and energy.

E. The site plan proposed for the use demonstrates compliance with the special land use specific design standards and all other applicable requirements of this chapter.

F. The special land use must be consistent with the intent and purposes of this chapter and the Master Plan.

§ 450-23.05 Terms and conditions of approval.

In approving a special land use, the Planning Commission may impose terms and conditions in order to achieve the following:

A. To ensure public services and facilities affected by the proposed use or activity will be capable of accommodating increased service and facility loads necessitated by the proposed use.

B. To ensure that the use is compatible with adjacent land uses and activities.

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

D. To relate to the valid exercise of the police power and purposes which are affected by the proposed use or activity.

E. 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 insure compliance with those standards.

§ 450-23.06 Effectiveness of approval.

A. Approval of a special land use shall be effective for a period of one year, but such effectiveness shall continue so long as the development and construction of the special land use commences within such period of one year and is diligently pursued to completion and operation thereafter.

B. Upon written application by the applicant, the Planning Commission may extend the one-year term of the special land use by an additional period of up to one year upon a finding that there have been no changed relevant conditions in the area or with respect to the use which would require reconsideration of the special land use. An application for an extension of the initial one-year period shall be submitted by the applicant, in writing, prior to the expiration of the initial one-year period; provided, however, that in the case of an untimely application for such an extension, the Planning Commission shall nevertheless have the option to consider, or not consider, the extension upon a finding that extenuating circumstances or unforeseen events have prompted the untimeliness and, further, that land use conditions in the area of the special land use have not changed to such extent that the use should be reconsidered under the same procedures that applied for original consideration.

§ 450-23.07 Amendment of special land use.

A. An applicant may apply for an amendment in an approved special land use by submitting a complete application form, a site plan depicting the special land use and the requested amendment, together with payment of the applicable application fee and zoning escrow deposit.

B. The procedures whereby the Planning Commission may consider and approve an amendment shall be the same as those specified for original approval of a special land use, including public notice of and public hearing by the Planning Commission.

C. In considering any such amendment, the Planning Commission may review the existing special land use, and all operational and other aspects thereof, in order to determine whether the special land use, as amended, may properly be approved. In approving a proposed amendment, the Planning Commission may include terms and conditions.

§ 450-23.08 Violation of special land use requirements; enforcement.

A. A violation of any of the terms and conditions of a special land use shall be a violation of this chapter, and all penalties specified herein for the violation of this chapter shall apply; the Township shall also have such other enforcement remedies permitted by law.

B. The Township may also take such other lawful action as may be necessary to prevent or moderate the violation, including revocation of all or part of the special land use. A decision to revoke a special land use or any part thereof shall be made by the Planning Commission at a public meeting. Prior to any Planning Commission consideration and decision as to revocation, the Zoning Administrator shall notify the applicant of the violation, in writing, and that, unless corrected, the special land use or a stated component thereof shall be subject to revocation. Such notice of violation shall be mailed to the applicant at least 15 days prior to any consideration of revocation by the Planning Commission.

§ 450-23.09 Standards and requirements for particular special land uses.

The following sections of this article include standards and requirements for specific special land uses which must be satisfied in addition to compliance with the general special land use standards stated in § 450-23.04.

§ 450-23.10 Adult foster care small group home.

A. An adult foster care small group home is a state-licensed foster care facility for the supervision and care of not more than 12 adults.

B. The small group home shall be state-licensed under the terms of the Adult Foster Care Facility Licensing Act.[1] The owner and operator of the small group home shall comply with all applicable provisions of the Act.

[1] Editor's Note: See MCL 400.701 et seq.

C. The small group home shall not include, or be state-licensed for, the residence, care or treatment of persons who have been released from a correctional institution or who are serving a term of probation after being convicted of the commission of a crime involving violence, illegal sale or use of a controlled substance or criminal sexual conduct.

D. The small group home shall not be located within a 1,500-foot radius of any other adult foster care home or any adult day-care facility, measured from property lines, except that this provision shall not apply to another adult foster care small group home that has been approved as a special land use under the terms of this section.

E. The small group home shall not commence operation until proof of the issuance of the applicable state license has been submitted to the Zoning Administrator.

F. Residential services, supervision, care and other services permitted under the terms of the state license shall be provided only to the residents of the small group home.

G. Operating hours shall be between 6:00 a.m. to 10:00 p.m. daily, unless otherwise approved by the Planning Commission based upon a finding under particular circumstances of no negative impact on neighboring properties or the surrounding area.

H. Parking shall conform to the parking regulations applicable in the district in which the facility is located. The facility shall have no less than one parking space for each owner/operator and one parking space for every two persons being served (based on approved capacity).

I. The facility shall be subject to the approval of the Township Fire Chief and subject to all State and County Health Department requirements.

J. All refuse collection facilities shall be screened from view by adequate fencing.

§ 450-23.11 Airfields and landing strips.

A. The creation of additional private airfields accommodating more than two airplanes on a more or less permanent basis is hereby deemed to be contrary to the sound development of the Township and the safety of its residents.

B. Existing private airfields may expand on the same property, provided the Planning Commission finds that such expansion will not adversely affect existing or future development of the area.

C. Private airfields or landing strips accessory to a permitted agricultural use on the same property are permitted if the Planning Commission finds that:

(1) Such use will not adversely affect existing or future development of the district.

(2) The takeoff and landing pattern within 1,000 feet of the end of the runway does not pass over an occupied structure.

(3) Not more than two airplanes, one of which is owned by the owner of the premises, use the landing strip.

(4) The landing strip is at least 200 feet from any property line.

(5) The safety of the citizens of the Township is not adversely affected.

(6) The owner agrees, in writing, to move, relocate or abandon the landing strip if any of the above provisions cannot be met in the future.

(7) The landing strip conforms to all Federal Aviation Administration rules and regulations.

§ 450-23.12 Bed-and-breakfast establishment.

A. A bed-and-breakfast establishment shall be located only in a detached single-family dwelling which has at least 1,500 square feet of usable floor area. For each guest room in excess of two, an additional 100 square feet of floor area shall be required.

B. The bed-and-breakfast shall be the principal residence of the owner, who shall reside there when the bed-and-breakfast is in operation. If the owner is not in residence in the dwelling unit for 14 consecutive days or more, the bed-and-breakfast shall be closed until the owner returns.

C. The bed-and-breakfast shall have no more than five guest rooms, plus a common area for use by all guests.

D. One sign, not exceeding four square feet, shall be allowed for identification purposes only. Sign lighting shall be indirect and shielded from view off site. Internally lighted signs are not permitted.

E. Meals may be served only to the operator's family and overnight guests of the establishment.

F. Cooking facilities in bed-and-breakfast guest rooms are prohibited.

G. Off-street parking shall be provided in addition to that required for single-family dwellings at the rate of one vehicle parking space per sleeping room and shall be located so as to minimize negative impacts on adjacent and nearby lands.

H. Exterior refuse storage facilities shall be screened from view on all sides by a six-foot solid decorative fence or wall or by other screening approved by the Planning Commission.

I. The maximum stay for any guest of a bed-and-breakfast shall be 10 consecutive days, not to exceed a total of 30 days in any twelve-month period. A guest register accurately showing the names of the guests and the dates and duration of their stays shall be maintained by the owner and made available to the Township for inspection upon request.

J. Bed-and-breakfast establishments shall be located only in buildings that are used and have been used as detached single-family dwellings. No dwelling or other building shall be constructed or enlarged for the purpose of having or operating a bed-and-breakfast establishment. A building shall have been in use as a detached single-family dwelling for at least five years prior to the issuance of any special land use for the operation of a bed-and-breakfast establishment within the building.

K. In addition to the site plan required by this chapter, a floor plan of the dwelling unit and the use of each room shall also be submitted with the special land use application.

§ 450-23.13 Child-care centers.

A. A child-care center shall be state-licensed under the terms of the Child Care Organizations Act, Act 116 of 1973, as amended.[1] The owner and operator of the child-care center shall comply with all applicable provisions of the Act.

[1] Editor's Note: See MCL 722.111 et seq.

B. In accordance with its state license, a child-care center shall receive one or more preschool or school-aged children for care for periods of less than 24 hours a day.

C. Operating hours shall be between 6:00 a.m. to 10:00 p.m. daily, unless otherwise approved by the Planning Commission based upon a finding under particular circumstances of no negative impact on neighboring properties or the surrounding area.

D. Parking shall conform to the parking regulations applicable in the district in which the facility is located. The facility shall have no less than one parking space for each owner/operator and one parking space for every two persons being served (based on approved capacity).

E. The facility shall be subject to the approval of the Township Fire Chief and subject to all State and County Health Department requirements.

F. In its approval of the child-care center, the Planning Commission may require the establishment and use of an outdoor play area of at least a specified size. The outdoor play area shall be completely enclosed by a chain-link or solid fence of at least four feet in height. If it is located adjacent to a residential use, it shall be screened by vegetation having a height when planted of at least five feet.

G. All refuse collection facilities shall be screened from view by adequate fencing.

§ 450-23.14 Child day-care home.

A. A child day-care home is also known as a "group child-care home" under the terms of the Child Care Organizations Act, Act 116 of 1973, as amended.[1] The day -care home shall be state-licensed under the terms of the Act. The owner and operator of the day-care home shall comply with all applicable provisions of the Act.

[1] Editor's Note: See MCL 722.111 et seq.

B. Under the terms of its state license, the child day-care home may provide care and supervision for more than six but not more than 12 minor children for periods of less than 24 hours a day, except children related to an adult member of the family living in the home. A child day-care home shall be located only in a private single-family detached dwelling.

C. Operating hours shall be between 6:00 a.m. to 10:00 p.m. daily, unless otherwise approved by the Planning Commission based upon a finding under particular circumstances of no negative impact on neighboring properties or the surrounding area.

D. Parking shall conform to the parking regulations applicable in the district in which the facility is located.

E. The facility shall be subject to the approval of the Township Fire Chief and subject to all State and County Health Department requirements.

F. In its approval of the child day-care home, the Planning Commission may require the establishment and use of an outdoor play area of at least a specified size. The outdoor play area shall be completely enclosed by a chain-link or solid fence of at least four feet in height. If it is located adjacent to a residential use, it shall be screened by vegetation having a height when planted of at least five feet.

G. All refuse collection facilities shall be screened from view by adequate fencing.

§ 450-23.15 Church or other place of worship.

A. A church or other place of worship shall be located on a lot of at least three acres in area.

B. In considering the proposed special land use, the Planning Commission shall consider the size, setbacks and other characteristics of the church building; the amount of off-street parking to be provided; any potential traffic congestion that may result from the church use; and any adverse effects of the church and its use on adjacent properties and the surrounding area.

C. Safe, convenient and paved access drives and vehicle circulation lanes within the site shall be provided.

D. If located in a residential district, the principal building shall be set back at least 100 feet from the street right-of-way line, or the building shall have such lesser setback as may be permitted in the terms of the special land use. If the use is located in a nonresidential district, the applicable minimum required principal building setbacks of the district shall apply.

E. A spire or steeple may exceed the building height limitation that would otherwise apply, if permitted in the terms of the special land use.

F. Parking lots shall be reasonably screened if located adjacent to residential lands.

G. Playgrounds, athletic grounds or similar recreational areas may be permitted on the site, if approved within the terms of the special land use.

H. A child-care center may be operated in the church building or other permitted principal building, if approved as a part of the special land use, subject to compliance with the following requirements:

(1) Appropriate fencing, child dropoff and pickup areas, outdoor play areas, and other design elements and operational characteristics for the safety of the children attending the facility shall be provided.

(2) If the child-care center is required to be state-licensed, the applicant shall obtain and comply with the applicable license, and a copy thereof and of any renewal shall be promptly furnished to the Zoning Administrator. If the facility is required to be state-licensed under the terms of the Child Care Organizations Act,[1] it shall also comply with the requirements for the child-care center special land use stated in § 450-23.14 of this article.

[1] Editor's Note: See MCL 722.111 et seq.

§ 450-23.16 Commercial composting operations.

A. Nature of composting materials.

(1) The operation shall not involve the processing, storage or on-site handling of general household refuse material and shall be limited to the processing of source-separated yard waste and agricultural by-products, including but not limited to the following: leaves, grass clippings, brush, garden waste, tree trimmings, plant prunings, and similar woody waste or other vegetative by-products.

(2) The on-site processing of mixed refuse consisting of paper, textiles, and other organic material classified as mixed municipal solid waste shall be permitted only if the site in question has been identified and included in the Kent County Solid Waste Management Plan. Prior to the commencement of operations involving mixed municipal solid waste, the facility shall be approved and licensed by the State of Michigan as a solid waste processing facility as defined by Public Act 641 of 1978, as amended.[1]

[1] Editor's Note: Public Act 641 of 1978 was repealed by P.A. 451 of 1994, effective 3-30-1995. See now MCL 324.11501 et seq.

B. Site development requirements.

(1) To ensure maximum flexibility for operating areas, material isolation, and buffering, the site shall consist of a minimum of 20 acres.

(2) The site shall have direct access to a paved county primary road or state highway and all access shall be limited to that road.

(3) All windrows, material screening areas and material staging areas used to temporarily stockpile material prior to placement in windrows shall be located a minimum of 150 feet from property lines and a minimum of 1,000 feet from any residential dwelling or any residential lot within a platted subdivision or site condominium.

(4) Material handling, staging and processing areas shall be located in consideration of prevailing winds and situated to provide maximum isolation and screening from adjacent properties.

(5) Appropriate site grading and drainage shall be provided. Material stockpiling and processing areas shall be a minimum of 200 feet from wetlands, floodplains, or established surface waters. Grading plans shall illustrate measures proposed to prevent ponding of surface water and leachate runoff.

(6) No operations shall be established on property where the prevailing water table is less than six feet below the natural grade. Soil borings shall be taken from throughout the property to determine the depth to water table.

(7) All primary access drives shall be paved. Internal service drives shall be graveled to reduce dust conditions.

C. Additional considerations. In addition to the site plan required by Article 22, a proposed operation and management plan shall be submitted containing the following information:

(1) Type of organic material to be composted and otherwise processed on the site.

(2) Hours of operation and access by the public, if any.

(3) Types of equipment to be utilized on site.

(4) Size of windrows and rates of turning.

(5) Source of water and method of irrigation.

(6) Security measures such as gates and fences.

(7) Operation and management techniques to be used to minimize odors.

(8) Landscaping and buffering plans.

(9) Measures to be taken in handling sorted material such as plastic bags and other noncompostable material.

(10) On-site associated accessory activities.

(11) Prior to final approval, the applicant shall demonstrate that all appropriate county and state agency permits have been obtained.

§ 450-23.17 Commercial kennels and stables.

A. The minimum lot area for a commercial kennel is two acres, plus an additional 1/3 of an acre for each animal in excess of six.

B. The minimum lot area for a commercial stable is 10 acres, not including areas devoted to living quarters or other uses not incidental to the stable.

C. Buildings for the housing of animals shall not be located within 300 feet of any property line or street right-of-way.

D. Areas for riding trails or riding purposes shall be located on the same premises, unless the owner has written permission to use adjacent lands for said purpose. Access to riding areas shall not necessitate the riding or leading of animals upon or across a public road.

E. The premises shall include storage adequate for the disposal of manure and refuse, have proper insect control methods and be suitably fenced.

§ 450-23.18 Commercial accessory waterfront uses.

A. Commercial accessory waterfront uses are limited to the keeping, rental, launching and use of nonmotorized recreational watercraft and other recreational buoyant devices (except rafts), but only insofar as such use is accessory to a permitted principal commercial use located on a property fronting on a lake in the B-1 and B-2 Districts.

B. The nonmotorized recreational watercraft and other recreational buoyant devices that may be kept, launched, rented and used in the special land use are kayaks, canoes, rowboats, sailboats, paddleboats, paddleboards, wind surfboards and similar nonmotorized watercraft and other nonmotorized buoyant devices (except rafts) whereby persons may travel or float for recreational purposes on a lake.

C. The maximum number of nonmotorized kayaks, canoes, rowboats, sailboats and paddleboats that shall be docked or moored on or launched from a lakefront property shall not exceed six of such vessels, in any combination, in accordance with § 126-11 of Chapter 126, Boat Launching and Docking, of the Township of Cannon.

D. The maximum number of paddleboards, wind surfboards and similar flat buoyant devices (except rafts) that may be kept, launched, rented and used on or from a lakefront property shall be as determined in the approval of the special land use.

E. The placement and use of a raft as an accessory use to a permitted principal commercial use shall not be subject to the special land use, but shall be regulated exclusively by § 126-24 and other applicable provisions of Chapter 126, Boat Launching and Docking. A raft shall be as defined in § 126-7 of Chapter 126, Boat Launching and Docking.

F. The special land use shall be approved only in accordance with the special land use standards of § 450-23.05 and upon findings based on the following:

(1) Whether the proposed use would contribute to significant overcrowding of the lake.

(2) Whether the proposed use would create a nuisance or impair the condition or quality of the lake as a natural resource available for reasonable recreational use.

(3) Whether the proposed use would otherwise result in or substantially contribute to adverse or unsafe conditions in or on the lake or adjacent lands.

G. The terms of the special land use shall not be inconsistent with applicable provisions of Chapter 126, Boat Launching and Docking, to the extent that such chapter may regulate the commercial accessory use of the nonmotorized watercraft and other buoyant devices as described in this section on and from waterfront lands in the B-1 and B-2 Districts.

§ 450-23.19 Contractor yard.

A. Adequate, safe and convenient driveways for the ingress and egress of construction equipment and other contractor equipment shall be provided.

B. The contractor yard shall have such area and such minimum frontage on a public street as is specified in the special land use.

C. All storage areas shall comply with the same setback requirements that are applicable to principal buildings and structures in the zone district.

D. Outdoor parking and storage of vehicles and equipment shall be set back at least 200 feet from any residential zone or residential use; provided, however, that the Planning Commission may reduce such setback if the Commission determines that the parking area will be adequately screened from residential lands with a solid fence or equivalent landscaped screening.

E. Adequate landscaping, buffering or other design features shall be provided to ensure that the use is reasonably compatible with adjacent and nearby land uses.

F. In its approval of the special land use, the Planning Commission may determine the maximum height of construction equipment being stored out of doors, such as excavation equipment, cranes and the like.

G. The Planning Commission may include conditions for the purpose of avoiding adverse effects on other lands, such as fencing of the entire contractor yard, measures for control of noise, dust and the like and similar protective provisions.

§ 450-23.20 Drive-through facilities accessory to a permitted use.

A. This special land use includes drive-through facilities for permitted banks, credit unions, pharmacies, dry cleaners and other retail-related drive-through facilities, but it does not include drive-through facilities at restaurants, which are addressed elsewhere in this chapter.

B. In considering the special land use, the Planning Commission shall consider the following, among other factors: the proposed location for the drive-through portion of the use; the size, setbacks and other features of the building in which the drive-through facility would be located; the proximity of the drive-through facility and the applicable driving lane to adjacent lands and uses; and the off-street parking spaces and areas provided for the business which includes the drive-through facility.

C. The entrance to and exit from the drive-through facility shall be located so as to avoid potential traffic congestion or hazards resulting from the entrance and exit of motor vehicles to and from the facility.

D. There shall be adequate stacking space for vehicles on the site, to avoid motor vehicles being lined up to an extent that will interfere with other traffic circulation on the site or which may result in infringement of entry or exit driveways.

§ 450-23.21 Essential public service buildings.

A. The materials, color and design of buildings shall be generally compatible with the surrounding neighborhood.

B. Buildings and structures shall comply with the setback requirements of the district for principal buildings.

C. Fencing or screening may be required in order to minimize the visual impact of the facility or improve its compatibility with adjoining properties.

§ 450-23.22 Farm markets exceeding 800 square feet.

A. Adequate off-street parking shall be maintained in a dust-free condition.

B. The building in which the operation is conducted shall be located not less than 100 feet from any dwelling on a neighboring property.

C. The minimum setback for all uses and structures associated with the operation shall be in accordance with minimum setbacks for the district.

D. All structures which are temporary in nature shall be removed when the operation is not active.

E. No building or display area shall extend into any required yard or required parking or maneuvering areas for vehicles.

F. The special land use shall include terms and conditions on the operations of the farm market.

G. Any merchandise offered for sale in addition to agricultural produce shall be limited to items that are accessory to or reasonably related to the produce being offered for sale.

§ 450-23.23 Hotel and motel.

A. In considering the special land use, the Planning Commission shall determine minimum lot area, minimum lot width and minimum building setbacks for the use.

B. The hotel or motel shall be located on and shall have direct access from a major street.

C. Driveways and parking areas shall have sufficient space to accommodate vehicles of patrons waiting to check into the hotel or motel or waiting to depart therefrom.

D. There shall be sufficient landscaping, buffering and isolation area from other lands to avoid adverse impacts by reason of view, traffic noise or other adverse effects.

E. Driveways and parking areas for delivery and service vehicles may be required to be separated from driveways and parking areas used by the public.

F. In approving the special land use, the Planning Commission shall determine other required aspects of the use, including public water and sanitary sewer service, stormwater drainage measures, landscaping, signage and other aspects of the use.

§ 450-23.24 Mini warehouse and self-storage facility.

A. Only storage uses shall be permitted, except for sales of products and supplies incidental to the principal use, such as packing materials, labels, rope, locks, tape or similar items.

B. The storage of combustible or flammable liquids, combustible fibers or explosive materials, as defined in the Fire Protection Code, or toxic materials, is prohibited.

C. Site access shall be directly from a paved public street.

D. Individual businesses other than the storage use itself are prohibited.

E. The minimum separation between self-storage buildings shall be 24 feet.

F. Internal drive aisles shall be at least 24 feet wide and shall be clearly marked to indicate the direction of traffic flow.

G. Adequate parking spaces and loading and unloading spaces shall be provided.

H. Storage buildings shall not exceed one story in height. The Planning Commission may limit the floor area of an individual storage building.

I. All goods and items shall be stored only in an enclosed building.

J. Storage unit doors shall not face a public street right-of-way.

K. In approving the special land use, the Planning Commission may include terms and conditions for the purpose of avoiding adverse effects of the use on adjacent or nearby lands.

§ 450-23.25 Motor vehicle repair.

A. The site shall be a sufficient area to provide space for the parking of vehicles at the repair shop, including vehicles being repaired, those being parked for repair at a future time and the temporary parking of vehicles for service or departure from the site.

B. Driveways, service areas and off-street parking areas shall be paved. They shall be graded and drained so as to properly dispose of all accumulated surface water.

C. The number of driveways and the location and width thereof shall be subject to Planning Commission approval.

D. The setbacks of buildings, internal driveways and other features shall be as determined by the Planning Commission.

E. All motor vehicle repair and related services shall be conducted only in a fully enclosed building, except for necessary parking of vehicles out of doors when repair activities are not occurring.

§ 450-23.26 Motor vehicle service station.

A. In approving the special land use, the Planning Commission shall determine minimum lot area, minimum lot width and minimum street frontage.

B. The Planning Commission shall determine the location and number of driveways for the use and the width thereof.

C. All fueling pumps shall be at least 30 feet from any lot line or street right-of-way and shall be arranged to prevent motor vehicles waiting to be serviced from encroaching on a sidewalk, street, intersection or other right-of-way.

D. Minor vehicle repair work may be permitted if conducted inside a fully enclosed building, except for incidental services, such as adding of motor oil, windshield wiper fluid and other fluids or minor additions or adjustments.

E. All areas designed for vehicles shall be paved.

F. If the use adjoins a residentially zoned property, the Planning Commission may require a six-foot-high solid wall or fence, or substantial landscaped screening, along the shared property line.

G. All outside storage areas for trash, auto parts and similar items shall be located in the rear yard and shall be fully enclosed.

H. Accessory retail uses in the service station building may be permitted in accordance with conditions included in the special land use. Adequate off-street parking for customers of any such accessory retail uses shall be provided.

§ 450-23.27 Motor vehicle wash facility.

A. All washing activities must be carried on within a building, except for outdoor temporary drying of vehicles.

B. Vacuums shall be at least 100 feet from any building on an adjoining property.

C. The entrances and exits of the vehicle wash building and areas provided for the outdoor drying of vehicles shall be arranged to prevent queued or parked motor vehicles from encroaching on a sidewalk, street, intersection or other right-of-way.

D. Adequate vehicle stacking spaces shall be provided for each self-serve wash stall and for each automatic wash lane.

E. All off-street parking areas and maneuvering lanes shall be adequately drained to prevent water from flowing onto adjacent property or street rights-of-way.

§ 450-23.28 Noncommercial parks and playgrounds.

A. In approving the special land use, the Planning Commission shall determine minimum parcel area, minimum parcel width, minimum street frontage and minimum setbacks for buildings, playgrounds and other elements of the use.

B. Access driveways shall be a sufficient distance away from intersecting streets so as to avoid adverse traffic conditions.

C. There shall be adequate and convenient water supply and sanitary sewage disposal for the use.

D. Those portions of the use which may involve public assembly, or which may have other characteristics which may result in noise or other adverse impacts, shall be located a sufficient distance away from other lands, or shall be adequately shielded and buffered, to avoid the transmission of noise or other adverse impacts onto other lands.

E. Adequate off-street vehicle parking area shall be provided. The minimum provisions for all off-street parking areas shall be determined by the Planning Commission in its approval of the special land use.

F. Any accessory commercial uses shall be limited to those necessary to serve only the persons making use of the park, playground or similar facility.

G. All sanitary facilities shall be designed and constructed in compliance with Kent County Health Department regulations.

H. Adequate trash receptacles shall be provided throughout the site.

I. Operating hours shall be as determined by the Planning Commission, based on the nature of the use and the potential for the use to result in adverse effects on adjacent lands and uses.

§ 450-23.29 Nursing homes; homes for the elderly and retired.

A. The minimum lot area shall be as determined by the Planning Commission, but in any case, it shall not be less than two acres.

B. The Planning Commission shall determine minimum lot width, minimum street frontage and the number, location and width of access driveways.

C. The minimum number of off-street parking spaces shall be as specified in Article 27.

D. No part of any building may be closer than 100 feet to an adjacent lot line, except that the Planning Commission may reduce this setback requirement to not less than 25 feet if it finds that such reduction in the setback will not be injurious to the use or enjoyment of nearby properties; will not result in traffic or other safety hazards; and will not materially impair the intent and purpose of this chapter or the public's interest.

E. Each building must provide the equivalent of 250 square feet of floor area for each tenant or occupant, exclusive of basement or attic space, whether or not such spaces are in a finished condition.

F. If the use is required to be state-licensed, any such license shall be maintained in full force and effect and all of its terms and conditions shall be fully complied with; a copy of the license and each instrument of renewal thereof shall be promptly furnished to the Township Zoning Office.

G. All refuse collection facilities shall be screened from view by adequate fencing.

§ 450-23.30 Open-air business.

A. The sale or outdoor display of merchandise shall not be permitted within the required setback areas.

B. The Planning Commission may require a fence or wall to be constructed along the rear and/or sides of the lot to keep trash, paper, and other debris from blowing off the premises.

C. The lot area used for parking shall be hard-surfaced and the display or storage areas shall be provided with a permanent, durable, and dustless surface and shall be graded and drained so as to dispose of all surface water.

D. All lighting shall be shielded from adjacent residential areas.

E. For a plant materials nursery, the storage of any soil, fertilizer, or similar loosely packaged materials shall be sufficiently contained to prevent any adverse effect upon adjacent properties.

F. For new and used car sales and rentals, vehicle display or storage shall not be carried out in areas required for visitor, employee or service parking.

§ 450-23.31 Outdoor public concerts; events within publicly or privately owned outdoor recreation uses.

A. All concerts and events shall conform to Chapter 113, Assemblies, Outdoor, of the Code of the Township of Cannon.

B. A special use request shall be subject to approval by the Township Board, after recommendation by the Planning Commission. In its approval of the special land use, the Township Board may depart from the Planning Commission's recommendation. In any approval of the special land use, the Township Board may include other or additional terms and conditions applicable to the use.

C. The special use approval shall be reviewed annually, provided the Township Board may, at its discretion, extend the review period to multiple years. The review shall be conducted in the same manner as the original special use approval, provided a public hearing shall not be required. The review shall evaluate compliance with the general special use standards, all applicable requirements specific to the use, prior conditions of approval and any associated impacts, such as, but not limited to, traffic congestion, noise, litter and citizen complaints. If the Township Board finds that the use has failed to comply with the applicable standards, requirements and conditions, it may revoke the special use approval.

D. Once a special use has been approved, the Township Board may delegate authority to approve some or all individual concerts or events, in accordance with the licensing provisions of Chapter 113, Assemblies, Outdoor. If desired, the approval of any concert or event may be conditioned upon the subsequent submission of an additional or revised site plan or other specific information by the applicant at a later time. If additional plans and/or information are required, the special land use shall specify which body, bodies or individual will be responsible for review and approval of that material.

E. In addition to the information required by Chapter 113, Assemblies, Outdoor, a parking and traffic control plan shall be submitted with each special use application and, if required, shall be provided for individual concerts or events. At a minimum, the parking and traffic control plan shall contain:

(1) A drawing of the site and surrounding area that shows:

(a) All roads abutting the subject site.

(b) All points of ingress/egress.

(c) Points of secondary access, if applicable, for emergency vehicles.

(d) Parking areas and the vehicle parking capacity of each area.

(e) Traffic flow patterns to and from parking areas.

(2) A narrative and/or graphic that specifies:

(a) Average daily and peak-hour traffic volumes on all roads abutting the subject site for the day(s) on which the concert or event will be held.

(b) Current daily and peak-hour capacity of all abutting roads and level of service.

(c) Expected peak hour(s) for traffic movement into and out of the site.

(d) Projected attendance (daily and peak hour) at the concert or event.

(e) Projected traffic (daily and peak hour) for ingress and egress at each driveway/entry point.

(f) Traffic control devices, temporary signage and dust control measures that will be employed.

(g) Number of personnel to be used to direct and control traffic, provide security and facilitate vehicle parking, and the times when such personnel will be used.

(h) An evacuation plan in the event of an emergency.

F. Organized snowmobile racing event at a winter ski area or resort.

[Added 8-26-2019 by Ord. No. 2019-5Z]

(1) The snowmobile racing event shall be organized, sponsored and under the supervision of a recognized snowmobile organization, such as but not limited to the Michigan Snowmobile Association, or a local organized snowmobile club.

(2) The snowmobile racing event shall take place on only up to two consecutive days of a weekend (a weekend being a Friday, Saturday and Sunday).

(3) Only one snowmobile racing event shall take place during a winter season (being the months of December, January, February and March) and shall not take place during any other months of the year.

(4) The snowmobile racing event, including practice, time trials and engine tuning, shall commence not earlier than 10:00 a.m. and shall end not later than 9:30 p.m., except that one additional hour is permitted for the departure of customers, guests and others and the closing of the ski area or resort.

(5) The location must be in active operation as a winter ski area or resort during the season in which the event is to be held.

§ 450-23.32 Outdoor recreation uses.

A. Such uses may include a golf course, country club, ski area and other outdoor recreation use.

B. The use shall have direct access to a paved public street.

C. No clubhouse, restaurant or similar building shall be located within 200 feet of the front property line or 400 feet of the side or rear property lines.

D. Restaurants, including restaurants serving alcoholic beverages, and retail sales and repair of equipment of a type used for activities at the facility may be permitted as additional special land uses, in accordance with the general standards for special land uses.

E. Tees, fairways, greens and trails shall be arranged in a manner to limit stray golf shots and trespassing onto neighboring properties. The Planning Commission may require fencing to prevent trespassing onto neighboring properties.

F. Lighting shall be no brighter than necessary to provide for safe use of the recreational facility and shall be directed away from adjoining properties and public rights-of-way. The Planning Commission may, as a condition of special land use approval, require the reduction or extinguishment of lighting during periods when the area is not being used for its intended purpose.

§ 450-23.33 Outdoor storage accessory to industrial use.

A. Such outdoor storage shall be permitted only in the I Industrial District.

B. All materials, motor vehicles, equipment and other goods and items stored outside of an enclosed building shall be effectively screened from view by a fence, wall, landscaping or a combination thereof.

C. The location of such outdoor storage on the site of the use permitted in the I District shall be as determined by the Planning Commission, including the setbacks thereof from property lines.

§ 450-23.34 Restaurants serving alcoholic beverages.

A. The primary business activity of the restaurant or cafe shall be the serving of meals.

B. The sale and consumption of beer, wine and alcohol shall be only an incidental and subordinate business activity of the restaurant or cafe.

C. The sale and consumption of alcoholic beverages at the restaurant shall be state-licensed; a copy of the license and any instrument of renewal thereof shall be promptly furnished to the Township Zoning Office.

D. If a distinct or separate part of the establishment is designated or used primarily for the sale and consumption of beer, wine and/or intoxicating liquors, that part shall not occupy more than 1/3 of the total floor area of the establishment accessible to customers.

E. Outdoor seating may be permitted where it is determined that:

(1) The location of the outdoor seating area will be appropriately screened, if necessary.

(2) Outdoor seating capacity will be included in the computation of required parking.

(3) Hours of operation, noise, and/or lighting will not create nuisance effects upon surrounding properties.

§ 450-23.35 Restaurants with drive-through facilities.

A. The site shall be designed and constructed to provide sufficient vehicle stacking space in the drive-through lanes so no vehicles will extend into any abutting street. In its consideration of the application for special land use, the Planning Commission may consider the appropriate minimum number of stacking spaces for vehicles utilizing the service ordering station. All vehicle stacking space shall be located so as not to interfere with the circulation of other vehicles on the site and shall not block or interfere with the use of designated parking spaces.

B. In addition to the minimum number of parking spaces otherwise required, the Planning Commission may require up to three additional parking spaces, placed in close proximity to the exit area of the drive-through portion of the restaurant site, for customers waiting for the delivery of orders.

C. All site access shall be from a county primary road.

D. Site access and circulation shall be designed to minimize traffic conflicts, congestion and disruption on adjacent streets and nearby driveways.

E. Any loudspeakers shall not face adjoining residentially zoned or used lands and shall be modulated so that any generated sound is not audible beyond property boundaries.

F. All outdoor trash receptacles shall be fully enclosed.

G. Adequate and regular measures to prevent or control wind-blown trash and litter shall be employed to avoid or prevent adverse effects on adjacent or nearby lands and streets.

H. All service areas, including loading and unloading areas and drive-through and driving lanes, shall be set back from property lines for such distance as determined by the Planning Commission.

§ 450-23.36 Restaurants with outdoor seating.

A. Outdoor seating and dining shall be accessory to a principal restaurant use.

B. The Planning Commission shall determine the hours of operation of the outdoor dining area.

C. The Planning Commission shall determine the maximum seating capacity of the outdoor dining area.

D. There shall be adequate separation between the outdoor dining area and the adjacent or nearby driving lanes or parking areas by means of adequate distance, curbing, barriers or other measures.

E. When the outdoor dining area is not in use during inclement weather months, the chairs, tables and other equipment used in the outdoor dining activities shall be stored indoors.

F. The Planning Commission may regulate outdoor lighting, outdoor amplification of music and other sound, and other aspects of the use which may result in adverse effects on other lands or nearby streets.

§ 450-23.37 Retail stores.

A. Retail stores greater than 10,000 square feet but not greater than 50,000 square feet are an available special land use in the B-1 District.

B. Retail stores exceeding 50,000 square feet are an available special land use in the B-2 District.

C. The special land use shall comply with the minimum provisions of the zone district in which it is located, except that in approving the special land use, the Planning Commission may impose stricter minimum provisions, in view of the size and scope of the special land use and its expected impact on other lands and adjacent streets.

D. Adequate off-street parking shall be provided in accordance with the applicable provisions of Article 27, or such parking shall be in accordance with other requirements specified in the special land use.

E. The use shall be located only on a major public street. There shall be safe and convenient motor vehicle access to the site and exit from the site. The Planning Commission shall determine the location, configuration, and width of access driveways.

F. In approving the special land use, the Planning Commission shall determine all relevant aspects of the use, including additional building setbacks; separation of vehicle traffic from pedestrian areas; water supply and sanitary sewer service; stormwater drainage measures; landscaping; signage; screening of the use from residentially zoned or residentially used lands; and other provisions for the purpose of avoiding or moderating adverse impacts resulting from the use.

§ 450-23.38 Salvage yards.

A. All vehicles, parts, material and equipment must be stored within enclosed buildings or within an area completely enclosed by a screening fence at least eight feet in height.

B. The screening fence must be of such design as to completely obstruct vision. No chain-link fence, with or without covering, shall be permitted.

C. The screening fence shall be set back from all property lines in accordance with the minimum yard requirements of the district.

D. No materials shall be stacked higher than the screen fence.

E. All materials shall be stockpiled in neat and orderly rows with adequate aisle space provided between rows to accommodate emergency vehicles and equipment.

F. No storage area shall be located within 500 feet of a residential district or street.

§ 450-23.39 Sand and gravel removal of less than 5,000 cubic yards; alteration of water body.

A. The removal or extraction of mineral resources in quantities less than 5,000 cubic yards or the reshaping, enlarging, straightening, damming or diminution of lakes, waterways, ponds or other bodies of water is permitted only with the intent and in such manner as to prepare or render the premises suitable for the primary intended uses of the district in which the premises is located or as envisioned in the Township Master Plan.

B. Mineral removal or extraction activities and other operations covered by the terms of this section shall be permitted only upon compliance with the following provisions:

(1) Exceptions. The provisions of this section shall not apply to the following:

(a) Where the removal or extraction of mineral resources is more than 500 feet from any street or property line, occupies not more than two acres in area, does not constitute a weekly average intensity of use of more than five yards of material per day, and creates no area which fills with water other than a watering pond for farms.

(b) Where only natural resources processing, storage or refining takes place in the I Industrial District.

(c) The control and regulation of oil or gas wells.

(2) Procedure for permit. No zoning permit shall be issued to the owner of any parcel of land or body of water desiring to proceed with any undertaking set forth in this section until application to the Planning Commission for a special use permit has been approved. The application shall include the following information, in lieu of the site plan requirements of Section 17.02.A.1,[1] and applicable fees:

(a) A fee of $5 for each acre of land affected or from which natural resources are to be removed.

(b) A map of the parcel to be so changed depicting all buildings, streets, drainage facilities and natural features within 200 feet thereof, which map shall show contour elevation readings at five-foot intervals along the perimeter of the subject property or portion involved.

(c) A two-foot interval contour plan of proposed final elevations, the location of proposed temporary structures, drives, parking areas, loading equipment, drainage facilities and the extent of the operation during the first year.

(d) A written statement describing the equipment to be used and the process involved, estimating the time such removal will require, describing the proposed use of the premises after such removal, and an agreement to conform to the provisions of this section.

[1] Editor's Note: So in original.

(3) Required conditions. The following conditions shall be complied with:

(a) Final grades shall be harmonious with surrounding grades and shall not be in excess of 5% unless demonstrably necessary for the future intended use of the land. No topsoil shall be removed from the property unless demonstrably necessary for the proper intended use of the property. All remaining topsoil shall be redistributed properly upon termination of the zoning permit. Except as provided in Subsection B(3)(c) below, no final grades shall create any area which will fill with water after the removal operation. No removal shall be permitted below the grades of the proposed plan unless a cash bond satisfactory to the Township Board, or, at its discretion, a surety bond or letter of credit, is posted with the Township to insure that the final grades of the plan will be met by the expiration date of the permit.

(b) No mechanical processing of natural resources shall be permitted in any residential or business district where such operation would be detrimental to an adjacent use of land. Stormwater runoff shall be led to existing drainage systems in a manner approved by the Township and the County Drain Commissioner.

(c) The creation or enlargement of a lake shall only be permitted where the applicant demonstrates from engineering and geological studies that such water will not become polluted or stagnant; submits a plan for future use of the lakeshore and lake; and shows that such lake has been approved by the state environmental agency and the Kent County Drain Commissioner.

(d) The alteration, straightening, damming, widening or diminution of a waterway or body of water shall be approved by the said state environmental agency and the Drain Commissioner.

(e) No removal, storage area, structure, access drive, or loading area shall be closer than 150 feet to a principal structure on adjoining property. All unpaved areas and roadways shall be regularly maintained and kept in a dust-free condition.

(f) Truck routing shall be only on streets established by the Planning Commission under such conditions and securities as may be imposed by the Township or the county to protect or repair the roads and to insure the safety of the public.

(g) All structures and stored material equipment shall be removed from the property within six months of the discontinuance of the use for removal or extraction of natural resources. All land shall be graded to final elevations and reseeded so as to avoid erosion following the expiration of activities.

(h) To the extent required by the Planning Commission, areas of steep grades or other areas of hazard shall be enclosed by a chain-link fence at least four feet high or other suitable fence, so as to prevent or inhibit persons who may enter the removal area from being in parts of the removal area where there may be hazards.

(i) The Planning Commission shall examine the proposed plans in relation to the Township Master Plan, the effects of such use or change upon the area involved, and the effects of proposed ultimate uses on planned and future streets, lots, grades and waterways proposed.

(4) Determination by Planning Commission. Following public hearing, the Planning Commission shall determine the proper disposition of the application. If approved, the special use permit shall be for a specified duration, not exceeding three years, and may be renewed in accordance with Section 17.07.L.6.[2] In making its determination, the Planning Commission will consider the following standards, in addition to the general standards of Section 17.03:[3]

(a) The proposed mineral removal is intended to prepare the premises for a permitted primary use within a reasonable period of time.

(b) Not create any very serious adverse consequences or serious environmental impact on adjacent or nearby lands or other lands elsewhere in the Township or the area.

[1] The Planning Commission, in considering whether any such very serious adverse consequences or serious environmental impact would result from the proposed removal operations and activities, shall consider the type of resource involved, the market demand and availability of supply, the presence on the site or in its immediate proximity of any significant natural features that would be affected by the proposed removal operation, and other relevant factors and conditions which determine the relative benefit to the public from the proposed removal operations and activities.

[2] The Planning Commission shall issue a permit only if the proposed removal operations and activities do not, considering the nature and extent of public benefit from the resource removal, result in very serious adverse consequences or serious environmental impact. Safety concerns and additional noise occasioned by the proposed operations, including additional truck traffic; decreased air quality caused by dust and odors from the operations and truck traffic; diminution of nearby property values; decrease in residential or other development in the area; loss of property tax revenues; and other relevant factors, may be considered in determining whether very serious adverse consequences or serious environmental impact would result from the removal operations and activities.

[2] Editor's Note: So in original.

[3] Editor's Note: So in original.

(5) Authorization. Upon approval of the special use permit, the Planning Commission shall inform the Township Board of its action, of the amount of bond required, and of special conditions imposed. Upon receipt of the cash bond, or, in its discretion, upon approval of a corporate surety bond or letter of credit by the Township Board, the Township Board shall direct the Zoning Administrator to issue any necessary zoning permit and an occupancy permit for a one-year period. All approved plans, sureties, recommendations, reports and special conditions shall be filed by the Zoning Administrator for future reference.

(6) Renewal of permit. A special use permit may be renewed for up to three years at a time or for the duration of an accepted surety bond or letter of credit, whichever is lesser, upon a finding by the Planning Commission that all conditions and plans are being complied with and no nuisance has been created by prior operations. Where any new removal or operational area is to be considered, proceedings for such purpose shall be the same as those for an original application.

(7) Revocation of permit. The Planning Commission shall revoke a special use permit where operations do not conform to approved plans or special conditions. All operations shall cease following notification by the Zoning Administrator of such violations, unless such conditions are corrected. Reinstatement of a revoked permit shall require a new application and approval.

§ 450-23.40 Sand and gravel removal of 5,000 cubic yards or more.

A. Objectives and required approvals.

(1) This special land use is for the purpose of authorizing the removal of sand, gravel and other mineral material equaling or exceeding 5,000 cubic yards from specified lands within the Township and also for the purpose of authorizing resulting land uses, after the completion of planned mineral removal operations, in accordance with an approved site rehabilitation plan. Under the terms of the special land use, mineral removal is required to be accomplished without serious adverse consequences to other lands and other land uses in the vicinity and elsewhere in the Township.

(2) This special land use is subject to recommendation by the Planning Commission and subsequent approval by the Township Board. After its public hearing on the special land use, the Planning Commission shall make a recommendation to the Township Board as to whether the special land use shall or shall not be approved or, if approved, whether such approval shall be subject to specified terms and conditions. Following Planning Commission action, the application, the site plan, the minutes of the Planning Commission public hearing and other relevant information and materials shall be forwarded to the Township Board for consideration and decision on the special land use.

B. Qualifying conditions. Lands proposed for mineral removal shall be located in the RR District.

C. Permitted uses. Land, buildings and structures on the site shall be used only for removal of sand, gravel and other mineral resources in accordance with the terms of this section. Any resulting use following mineral removal activities and operations shall conform to the Future Land Use Map designation of the Township Master Plan.

D. Operational requirements.

(1) Operations and activities for mining, extracting, excavating for, processing, removal and transport of mineral materials shall be located only as follows:

(a) No activity shall be closer than 500 feet to any dwelling located on lands other than lands included in the special land use, unless a closer distance is authorized by the special land use.

(b) No activity shall be closer than 500 feet to any residential district or R-PUD district; provided, however, that they may be located up to 100 feet away from any RR District boundary and 300 feet from any existing dwelling in the RR District.

(c) No activity shall be closer than 200 feet to the right-of-way of Belding Road, Cannonsburg Road or any other county primary road within the Township.

(d) The special land use may include a modification or waiver of a perimeter setback requirement if the adjacent property is owned by the owner or operator of the subject lands.

(e) There shall not be more than one entrance to and exit from the site of removal operations, from and to a public street, unless additional entrances or exits are approved as a part of the special land use. Any entrance and exit shall also be subject to the approval of the Kent County Road Commission. The locations of entrances and exits shall, if reasonably feasible, be placed so that the travel of mineral transport vehicles over primarily residential streets shall be avoided.

(f) Not more than 21 acres of land shall be authorized for removal operations or activities at any one time. Of this number or some lesser number of acres, not more than 1/3 shall at any one time be used for site preparation; not more than 1/3 shall at any one time be used for removal of mineral material; and not more than 1/3 shall at any one time be used for site reclamation, in accordance with an approved site rehabilitation plan.

(2) There shall be an inspection by the Township Zoning Administrator or designee of each completed phase, so as to verify compliance with the terms of this chapter.

(3) Upon the completion of each phase, the applicant shall notify the Township that the phase is ready for inspection and the Township shall make the inspection within a reasonable time. Until such inspection is made, and until approval of the completed phase has been given by the Township, the applicant shall not commence work on any subsequent phase.

(4) Any work or other action undertaken by the applicant in or with respect to a subsequent phase before the Township inspection and approval of the previous phase shall be a violation of the special land use and a violation of this chapter.

(5) Each site rehabilitation plan shall be reviewed by the Planning Commission and shall comply with all of the following standards and requirements:

(a) Topsoil shall be replaced on the site to a depth of not less than six inches, except where the resulting uses do not involve the growing of vegetation. Slopes shall be graded and stabilized to accommodate the proposed use. The plan shall indicate the sequence and phasing of operations.

(b) Final grades shall have a slope not exceeding 1:3 at the conclusion of each individual phase of mineral removal.

(c) Final surface water drainagecourses and areas of surface water retention shall be laid out and constructed at such locations and in such manner as to avoid adverse effects on adjacent or nearby lands as a result of stormwater runoff, erosion or other damage to the lands. The applicant shall apply for any required stormwater permit under any Chapter 388, Stormwater Management, provisions, and the site rehabilitation plan shall comply with any Chapter 388, Stormwater Management, provisions.

(6) Grasses, shrubs, trees and other vegetation shall be planted on the site to maximize erosion protection, enhance the natural beauty of the site, and screen the view from other lands.

(7) Landscaping and, where appropriate, earthen berms shall be used to screen special land use activities from view from other lands and to moderate noise levels from operation of equipment and vehicles.

(8) Trees and shrubbery shall be of sufficient height and spacing to effectively screen the view from adjacent lands and to moderate noise levels from operations. Dead or diseased trees and other vegetation shall be promptly removed and replaced to assure the continuance and effectiveness of any landscaped screening.

(9) The site rehabilitation plan shall not provide for the storage or dumping of stumps, concrete, asphalt, discarded materials or any other materials, objects or debris not associated with the mineral removal operations. Further, no storage or dumping of these materials shall occur at any other time during operations, unless authorized in the special land use permit or the plan.

E. Additional review standards.

(1) The end uses shall conform to the uses designated by the Township Master Plan. The special land use shall require compliance with the requirements of the zoning district having the greatest similarity to the Master Plan designation.

(2) The Planning Commission, in considering whether any very serious adverse consequences or serious environmental impact would result, shall determine the degree and extent of public interest in the removal of the minerals from the applicant's land, considering the type of resource involved, the market demand and availability of supply, and other relevant factors and conditions which determine the relative benefit to the public from the proposed removal operations and activities.

(3) The special land use shall be approved only if the proposed removal operations and activities do not, considering the nature and extent of public benefit from the resource removal, result in very serious adverse consequences or serious environmental impact. Safety concerns and additional noise occasioned by the proposed operations, including additional truck traffic; decreased air quality caused by dust and odors from the operations and truck traffic; diminution of nearby property values; and decrease in residential or other development in the area, may be considered in determining whether very serious adverse consequences or serious environmental impact would result from the removal operations and activities.

(4) The approval of the special land use shall include provisions requiring compliance with specified conditions relating to mineral removal activities and operations. Such conditions shall include the following:

(a) Mineral removal operations shall be approved for a duration of not more than three years, unless the Planning Commission recommends and the Township Board determines that there are unusual circumstances which justify a removal period of greater duration.

(b) Upon or prior to the expiration of the special land use, the Planning Commission may recommend and the Township Board may approve the renewal of the use for a successive period of not more than three years duration, unless the Planning Commission recommends and the Township Board determines that there are unusual circumstances which justify a use renewal period of greater duration.

(c) In considering whether the special land use shall be renewed, the Planning Commission may, but need not, convene a public hearing. The public notice for any such hearing shall be the same as otherwise required for the original granting of the special land use.

(d) Mineral removal, processing and transport operations and activities shall not commence earlier than 7:00 a.m. and shall not continue after 6:00 p.m., Monday through Friday only, except that there may be minor equipment maintenance work at the site on Saturdays from 9:00 a.m. to not later than 3:00 p.m. Minor equipment maintenance shall be limited to maintenance work that does not generate noise which carries beyond the mineral removal lands, and provided that the special land use may include additional limitations on the hours and days of operation in order to avoid serious adverse consequences upon adjoining or nearby lands.

(e) Processing equipment which emits noise louder than 80 decibels, measured at a distance of 50 feet from said equipment when operating, shall not be located closer than 1/4 mile to the nearest occupied dwelling, unless the special land use authorizes other noise emission requirements. In addition, the special land use may require that particular vehicles and/or processing and removal equipment shall be utilized only at certain locations or within certain areas of the site, so as to avoid adverse impacts on adjacent or nearby lands.

(f) Access to and from a mineral removal site, and the routes to be taken by vehicles hauling mineral material from the site and returning to the site, shall be only by means of those streets designated on the approved mineral removal plan or by other routes, as may be specified as a part of the operating conditions included in the special land use.

(g) During activities and operations for the removal of mineral material, no mineral material or other excavated material shall be left during weekends or overnight in a condition or manner that constitutes a danger to persons who may enter the removal area.

(h) After operations each day, all banks of excavated material shall be graded to slopes not steeper than one foot of elevation for each two feet of horizontal distance, or a substantial fence, at least four feet in height, shall be erected to fully enclose all the areas of steep slopes, so the slopes cannot be inadvertently approached by persons who may enter the removal area. The special land use may include other measures deemed sufficient to protect persons from harm within the removal area during times when operations are not occurring.

(i) All entrance and exit roads and other routes into or from the site shall be securely gated. Gates shall extend across the entire width of any entrance or exit road or route and shall be locked securely when operations are not occurring. These gates shall be located to prevent unauthorized vehicles from entering the mineral removal lands.

(j) Entrance and exit roads shall be configured to provide adequate and safe distances for stacking trucks within the lands, to avoid the parking or backing up onto the adjacent streets of trucks waiting to be loaded, to enter the property, or otherwise. The special land use may require paving of entrance and exit roads within the site for a distance sufficient for adequate handling of removal vehicles, the reduction in accumulation of dust and dirt, and for other purposes.

(k) Measures to control dust and dirt arising from mineral removal operations shall be undertaken in accordance with conditions included in the special land use. Dust control measures may include the application of dust-inhibiting solvents or similar nonpolluting surface treatments, particular road-surfacing measures, or other actions as specified in the special land use.

(l) Stormwater drainage on and from the mineral removal site shall be controlled so that adjacent or nearby lands shall not be adversely affected by surface water drainage, erosion or other similar effects. The mineral removal site shall be contoured and graded to avoid the unintended impoundment of water, except where ponds or other bodies of water are proposed in an approved site rehabilitation plan.

(m) Unless authorized by the terms of the special land use, no storage of soil from lands outside the mineral removal area may take place on the mineral removal site.

(5) The special land use may include such other conditions as necessary to assure compliance with the terms of this section. Conditions may include, though are not limited to, weed control; erosion and sedimentation controls; measures to prevent the tracking of dirt and other debris onto public streets; fencing and other visual screening; groundwater monitoring wells; preservation of trees and other vegetation; and limitations on the loading or storage of fuel for vehicles and equipment.

F. Special land use.

(1) A recommendation on the special land use by the Planning Commission shall be accomplished by means of a resolution adopted by the Commission, which shall include all of the terms and conditions of the recommendation. Likewise, an approval of the special land use by the Township Board shall be accomplished by a resolution adopted by the Board which shall include all of the terms and conditions of the approval.

(2) An applicant for the special land use shall submit a performance bond, with an approved surety, in an amount recommended by the Planning Commission and approved by the Township Board. The performance bond shall be conditioned upon the timely and faithful performance by the applicant of all of the terms and conditions of the special land use, the mineral removal plan and the site rehabilitation plan.

(a) The performance bond shall not be refunded or reduced until the mineral removal operations and activities, land reclamation or restoration, and all other required activities have received final inspection and approval by the Township.

(b) If the performance bond is revoked or if it expires and is not renewed, the Planning Commission and Township Board need not approve the renewal of the special land use until such bond has been satisfactorily reinstated.

(3) The special land use shall not be transferred to a person or party other than the applicant to whom it was issued unless the transfer is first considered and approved by the Planning Commission and the Township Board at public meetings.

(4) Mineral removal operations and activities authorized by the terms of the special land use shall be commenced not later than one year after approval of the special land use and shall be diligently pursued thereafter, unless the special land use provides otherwise. In the absence of timely commencement and diligent prosecution of such operations and activities, the special land use shall be of no further force or effect. Mineral removal activities or operations shall not thereafter be commenced unless a new special land use has been obtained pursuant to the procedures set forth in this section.

(5) An applicant whose application for the special land use has been denied shall not resubmit an application covering the same lands, or substantially the same lands, within 18 months after the date of denial, except that a new application may be submitted and considered if there are significantly changed conditions which are determined by the Planning Commission and Township Board to be sufficient to justify reconsideration of the application or petition.

(6) Upon the effective date of this section, special land uses which have been previously issued under the terms of this chapter shall continue in effect until, but not after, the authorized amount of mineral material has been removed and any required site rehabilitation completed. In the case of special land uses which did not designate the amount of mineral material which may be removed, the uses shall continue in effect for the remainder of the period of time for which they were issued or last renewed, and also for an additional period not exceeding one year thereafter, at the discretion of the Planning Commission and the Township Board. Mineral removal activities and operations shall not thereafter be conducted on the lands covered by the special land use unless a subsequent special land use has been granted.

G. This subsection applies only to the renewal of a special land use for extraction of sand, gravel and other minerals from the same location or locations as permitted under an existing special land use. Applications for permission to expand mineral removal operations beyond the location approved under an existing special land use shall comply with the procedure set forth in this section for the granting of a special land use.

(1) If renewal of a special land use is desired, an applicant shall apply for renewal at least 120 days before the expiration of the existing special land use.

(2) All of the applicant's rights and privileges arising under the special land use shall terminate at the expiration thereof, if the use has not then been renewed, and, in that event, all removal operations covered by the expiring special land use shall then cease, except approved emergency operations required to protect the public safety and except as otherwise provided herein.

(3) The termination of rights and privileges under a mineral removal special land use, at the time of expiration of the special land use, shall take place even though an applicant may have applied for renewal thereof and even though proceedings for such renewal may have commenced, unless the Planning Commission and the Township Board, in their discretion, vote by majority vote of those present to temporarily extend an expiring special land use during the period required for proceedings to consider renewal of the use (however, such vote for temporary extension of the use may be rescinded in the event that the applicant unduly delays such proceedings, whether by action or inaction).

(4) Upon the conclusion of proceedings for renewal of a special land use, if the use is renewed, removal operations may be resumed if and to the extent covered by the special land use as renewed.

(5) An application for renewal of a mineral removal special land use shall consist of the following:

(a) The Zoning Administrator's certificate of compliance, as described in Subsection G(6)below.

(b) A copy of the original application for the special land use, with addendum updating the information from the original application and supplying any information missing on the original application.

(c) A revised mineral removal plan, drawn and sealed by a registered civil engineer, showing the areas of the site which are currently under excavation, which are in the process of reclamation, and which have been reclaimed.

(d) The required application fee and any required deposit of funds into an escrow account for reimbursement of Township expenses in the matter.

(e) The Township may require additional information if necessary in the consideration of the requested renewal, or the Township may waive any of the above-stated application requirements, but the requirement of the certificate of compliance shall not be waived.

(6) Neither the Planning Commission nor the Township Board shall consider an application for renewal unless the applicant submits a certificate of compliance signed by the Township Zoning Administrator, which states that the mineral removal operation, as of the date of signing of the certificate of compliance, is in compliance with the present special land use and all Township ordinances and that all required mineral removal fees and escrow deposits have been paid.

(7) Upon request by an applicant for a certificate of compliance, the Township shall promptly arrange to have the operation reviewed and inspected. If the Zoning Administrator finds that the operation is in compliance, the Zoning Administrator shall issue a certificate of compliance. The certificate shall also describe any past violations which have been rectified.

(8) If the Zoning Administrator finds that the operation is not currently in compliance, the Zoning Administrator shall notify the applicant of the steps necessary to cure such deficiency.

(9) The issuance of a certificate of compliance does not require the Planning Commission to recommend or the Township Board to approve a renewal of the special land use.

(10) In making decisions regarding renewal, the Planning Commission and the Township Board shall apply the standards for approval applicable to new special land uses under this chapter, taking into consideration current conditions in the vicinity, the operational history under the previous special land use, and any complaints or comments about the operation. The Planning Commission may convene a public hearing on the renewal application. Conditions may be attached to the renewal which are in addition to or different from those contained in the previous permit.

H. Fees.

(1) The applicant for the special land use shall pay the established application fee and shall deposit the required amount into a zoning escrow account when the application or petition is filed with the Township.

(2) The applicant shall also pay to the Township annually a fee (the "surveillance fee") to defray the Township's cost of administration, surveillance and enforcement of the special land use, including but not limited to costs for review of applications, testing, monitoring, sampling, surveying, personnel expenses, enforcement, legal, engineering and other consultant fees, and other related costs and expenses. The fee shall be $0.03 per ton of mineral material removed during the entire removal operation; provided, however, in that no event shall the fee be less than $1,000 annually.

(3) At any time, if the amount on deposit with the Township from the surveillance fee paid by the applicant is reduced to less than $1,000 (or to such lesser sum, based on the above-stated amount per cubic yard of mineral material removed, or to the above-stated minimum annual amount) by reason of expenditure by the Township under the terms of this section, then the Township shall notify the applicant, in writing, and the applicant shall pay to the Township promptly, but in any event not later than 30 days after such notification, sufficient additional surveillance fee so as to increase the amount of such funds to the amount specified by the Township.

(4) In such notification by the Township to the applicant for additional deposit of surveillance fee, the amount specified by the Township shall not exceed that amount which will cause the balance on hand to be $1,000, unless the Township reasonably expects to incur costs greater than $3,000 within a year after such notification for additional surveillance fee, in which case the Township shall specify the amount reasonably expected to be incurred during such ensuing year.

(5) Funds received from the application fee shall be deposited in the Township's general fund or in such other Township fund as is established for other zoning application fees. Funds received from the surveillance fee shall be accounted for separately on the books of the Township, as to each special land use.

(6) The surveillance fee, at the above-stated rate of mineral material removed, shall be paid by the applicant annually. Not later than January 31 of each year, the Township shall notify the applicant, in writing, to submit copies of load tickets or other written proof accurately showing the total amount of mineral material removed during the preceding year (or during any such lesser preceding period, in the case of the recent commencement or termination of a special land use). Such notification by the Township shall indicate a period of time for response by the applicant, and the requested information shall be submitted by the applicant to the Township within that time.

(7) Based upon the amount of mineral material removed as stated in the written response received from the applicant, the Township shall calculate the amount of surveillance fee due and shall then send to the applicant an invoice in that amount. The applicant shall promptly pay to the Township the amount indicated on the invoice. In the event that the Township desires further or more complete information as to the amount of mineral material removed, the Township shall notify the applicant accordingly, and the applicant shall respond promptly and fully. In its discretion, the Township may make inquiries of mineral haulers or others who may have knowledge concerning the amount of mineral material removed.

(8) When the special land use expires, the Township shall also notify the applicant to provide, in writing, a statement of the amount of mineral material removed, since the last previous such statement, and the Township shall then prepare and forward a final invoice for payment of the surveillance fee based upon the above-stated per-ton rate, and the applicant shall promptly pay the amount indicated on the invoice.

(9) If an expired or soon-to-expire special land use is renewed, the Township may retain any surveillance fee amounts then on hand and apply them to defray the costs of review of the application for renewal and for applicable costs subsequently incurred following renewal of the special land use. As in the case of annual surveillance fee payments, the applicant shall furnish to the Township any requested load tickets or other written proof with respect to the amount of mineral material removed during the last removal period before expiration of the special land use.

(10) After expiration of a special land use without renewal, the Township shall refund, without interest, any unused surveillance fee amounts that have been received from the applicant.

(11) In its discretion, the Township may request from the applicant, and the applicant shall promptly provide, load tickets or other written proof of mineral material removed at times other than the annual surveillance fee payment period.

(12) As to each special land use, the Township shall maintain a record of surveillance fee payments made by the applicant and expenditures made by the Township with respect to the operation.

(13) Surveillance fee payments made by the applicant shall not limit the applicant's liability for civil infraction penalties, damages, or other sanctions for violation of a special land use, Township ordinances or other laws or regulations.

I. Enforcement.

(1) Enforcement of the terms of the special land use may be directed against the applicant and all operators acting or purporting to act under such special land use, or any of them. Full and timely compliance with all of the terms of this article and all of the terms of the applicable special land use is a condition for the continued effectiveness of the special land use or any renewal thereof.

(2) In the enforcement of the provisions of this section and those of any mineral removal special land use, the Township may avail itself of all procedures and remedies described in Article 32 of this chapter and all other remedies provided by law.

(3) The Township Zoning Administrator or other designated Township representative shall act as the agent of the Township Board in the administration, supervision and enforcement of the special land use.

(4) The Township Zoning Administrator or other designated Township representative shall be entitled to access to the applicant's mineral removal lands during reasonable business hours for the purpose of verifying compliance with the special land use requirements.

(5) The Zoning Administrator is authorized to demand compliance with the terms of this section and the special land use. In the absence of such compliance, the Zoning Administrator may issue an order directing the applicant and any operator to cease immediately all mineral removal work on or from the premises and all other operations relating thereto.

(6) Upon the issuance of a stop-work order, the applicant and any mineral removal operator shall have no further right or privilege to continue or to conduct any mineral removal operations, except permitted emergency operations required to protect the public safety and except any authorized limited operations which may be authorized by any such order.

§ 450-23.41 Sexually oriented business.

A sexually oriented business may be approved by the Planning Commission as a special land use in the B-2 District upon compliance with the following requirements:

A. It is not the intent of this special land use to suppress any activity protected by the First Amendment of the United States Constitution or the Michigan Constitution, but to enact a content-neutral ordinance which addresses the adverse secondary effects of sexually oriented businesses.

(1) 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 under certain circumstances, thereby having a deleterious effect upon adjacent areas. Special regulation of these uses is necessary in order to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding area. These special regulations are itemized in this section.

(2) A primary goal of regulation of these uses is to prevent a concentration of the uses in any one area of the Township; to minimize and/or prevent the well-documented adverse secondary effects of such uses; to insure the integrity of the Township's residential and agricultural areas; and to protect the integrity of churches, synagogues or other places of religious worship, schools, licensed day-care facilities, parks and playgrounds, and other areas where persons congregate. Nothing in this section shall be construed as permitting or allowing a violation of any state or federal law.

(3) In addition to the provisions of this section, the special land use shall also be subject to review and approval under Article 22, Site Plan Review.

B. A sexually oriented business includes, but is not limited to, an adult bookstore or adult video store; an adult nightclub or cabaret, bar or restaurant; an adult motel; an adult motion-picture theater; and other establishments catering to adult patrons and which may involve the actual or depiction of specified anatomical areas and/or specified sexual activities, as those terms are commonly understood, or by means of video, motion pictures, photographic reproductions or other visual media, or in which a person or persons may appear in a state of nudity or in live performances that are characterized by the exposure of specified sexual activities or specified anatomical areas.

C. A sexually oriented business shall not be located or operated within 800 feet of another sexually oriented business, a church or other place of worship, a park, playground, school or licensed day-care facility, a dwelling or dwelling unit, or an agricultural or residential zoning district. For purposes of determining the above-stated distance, measurement shall be made by extending a straight line from the property line of the sexually oriented business to the nearest property line occupied by any other of the above-stated land uses or zone districts.

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

(1) "Persons under the age of 18 are not permitted to enter the premises."

(2) "No alcoholic beverages of any type are permitted within the premises."

E. Alcoholic beverages of any type shall not be sold, consumed, or permitted on the premise of any sexually oriented business.

F. No product or service for sale or gift, or any picture or other representation of any product or service for sale or gift, shall be displayed so as to be visible from the nearest adjoining road right-of-way or a neighboring property.

G. Hours of operation shall be limited to 10:00 a.m. to 10:00 p.m., Mondays through Saturdays.

H. All signs shall be in accordance with Article 25; provided, however, that no sign visible from the nearest adjoining road right-of-way or a neighboring property shall display or depict any specified anatomical areas or specified sexual activities.

I. All parking shall be in accordance with Article 27; provided, however, that all off-street parking areas shall be illuminated during all hours of operation of the sexually oriented business and until one hour after the business closes, such that the off-street parking areas are visible from the nearest adjoining road right-of-way.

J. Any booth, room or cubicle available in any sexually oriented business, excepting an adult motel, used by patrons for the viewing of any entertainment characterized as showing specified anatomical areas or specified sexual activities shall:

(1) Be handicap accessible to the extent required by the Americans with Disabilities Act.[1]

[1] Editor's Note: See 42 U.S.C. § 12101 et seq.

(2) Be unobstructed by any door, lock or other entrance and exit control device.

(3) Have at least one side totally open to a public, lighted aisle so that there is an unobstructed view at all times from the adjoining aisle of any occupant.

(4) Be illuminated by a light bulb of wattage not less than 25 watts.

(5) Have no holes or openings, other than doorways, in any side or rear walls.

K. In addition to the information and documents required to be submitted with an application for a special land use in accordance with the requirements of this article, an applicant for a special land use to establish a sexually oriented business shall submit the following:

(1) A floor plan of the premises showing the following:

(a) Location and dimensions of any manager's station, demonstrating that there is an unobstructed view from a least one of the manager's stations of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms.

(b) Location of all overhead lighting fixtures.

(c) Identification of any portion of the premises in which patrons will not be permitted.

(d) The location of any stage.

(e) Identification of the use of each room or other area of the premises.

L. A straight-line drawing depicting the property lines of the site of the sexually oriented business and the property lines of any other sexually oriented business, church or other house of worship, park, playground, school, licensed day-care facility, dwelling or dwelling unit or agricultural or residential zoning district within 800 feet of the nearest property line of the site on which the business will be located.

M. The special land use shall not be approved if the Planning Commission determines that one or more of the following is true:

(1) An applicant is under 18 years of age.

(2) An applicant has failed to provide information required by this chapter or has knowingly answered a question or request for information falsely.

(3) The premises to be used for the sexually oriented business has not been approved by the Building Inspector and the Zoning Enforcement Officer as being in compliance with applicable laws and ordinances.

(4) The applicant or a director, officer, partner, member, principal manager or chief executive officer of the applicant has had a sexually oriented business license or adult business license revoked or suspended within one year prior to the date of application.

(5) The applicant is not in good standing or authorized to do business in Michigan.

(6) The application fee has not been paid.

(7) An application of the proposed sexually oriented business is in violation of or is not in compliance with any of the provisions of this chapter.

N. The applicant or owner shall permit all representatives of the Township, the county and the State of Michigan to inspect the premises for the purpose of insuring compliance with this chapter, any county ordinance and applicable state law.

O. The following interior structural requirements shall be complied with:

(1) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment.

(2) A manager's station shall not exceed 32 square feet of floor area.

(3) No private viewing rooms or booths shall be constructed unless one side is always open to a central public area. No door shall be placed on any viewing room or peep booth, and no holes or openings shall be placed or allowed to remain in the wall between any two adjacent viewing rooms or peep booths.

P. The following requirements as to registration of managers, entertainers and employees shall be complied with:

(1) No person shall work as a manager, entertainer or employee at a sexually oriented business without being registered under this section.

(2) All managers, entertainers and employees shall provide to the Township their legal name and any aliases, social security number, home address, telephone number, date of birth and satisfactory proof that they are 18 years of age or older, and any other necessary identifying information for the Township to conduct a criminal background check on the manager, entertainer or employee.

(3) The owner or manager of a sexually oriented business shall provide the Township with the names, any aliases, dates of birth, and social security numbers of all managers, entertainers and employees within five days of employment. This information will be used to verify the information submitted by the manager, entertainer or employee, who must also register with the Township within five days of employment.

§ 450-23.42 Stone yard or monument works.

A. The special land use shall not be located within 1,000 feet of any residential use.

B. The applicant shall submit a detailed site plan identifying any outdoor storage areas, outdoor display areas or other areas in which stone, brick or other such material may be cut, shaped or produced.

C. Any outdoor storage area shall be completely enclosed by a fence or wall of sufficient height to enclose and obscure the view of all materials stored. The fence or wall shall be of uniform appearance and it shall be continuously maintained in good condition.

D. The minimum lot area, minimum lot width, minimum street frontage and details of the means of access as to the use shall be as determined by the Planning Commission.

E. The cutting or breaking of stone or other activity generating substantial noise shall take place only at such time of day or in such location as not to have a serious adverse effect upon adjacent or nearby lands. Other aspects of the use shall be so arranged or accomplished as to avoid serious adverse effects on other lands or adjacent streets.

§ 450-23.43 Storage in agricultural buildings.

A. The temporary or seasonal storage of recreational vehicles or other motor vehicles in agricultural buildings may be permitted as stated in this section.

B. Only buildings existing on January 1, 1994, and originally used for agricultural purposes may qualify for storage use. Buildings constructed after January 1, 1994, shall not be used for this purpose.

C. The storage use shall be operated as an accessory use within the RR District solely by the owner or owners of the land where the building is located.

D. All storage shall take place only within a fully enclosed building.

E. Storage shall be permitted on a seasonal basis only, except that antique motor vehicles may be stored year round.

F. No repairs, maintenance or other work shall be permitted on any stored vehicles or equipment, except the property owner may repair or maintain his or her own equipment to the extent permitted in the zone district.

G. Any buildings used for such storage shall be located at least 15 feet away from any property line.

H. There shall be adequate off-street parking available for motor vehicles in connection with the transporting of the stored items to and from the property.

I. Any application for the special land use shall include information on whether gasoline or other fuel will be kept in the tanks of any stored vehicles or equipment and, if so, the application shall state the method to be used to safeguard the building from fire. A copy of the application shall be forwarded to the Township Fire Chief for review and comment.

J. The special land use, if approved, shall be granted for two years. Not sooner than six months prior to the expiration of the special land use permit, the owner may request, in writing, a renewal for a period of up to an additional two years. Successive renewals may be applied for in the same manner. Requests for renewal shall be submitted to, reviewed and decided by the Zoning Administrator, without public hearing or other proceedings by the Planning Commission. In considering the renewal request, the Zoning Administrator shall determine whether the conditions of this section and § 450-23.04 have been satisfied. In the discretion of the Zoning Administrator, any request for renewal may be referred for a decision by the Planning Commission, but without the need for public hearing.

K. Nothing in this section shall be deemed to prohibit storage by the property owner of his or her own equipment and/or vehicles under the terms of the zone district or other provisions whereby such storage is permitted.

§ 450-23.44 Truck terminal.

A. Access driveways shall be of sufficient width so as to accommodate the transportation vehicles that will utilize the site.

B. Access driveways shall be so located and spaced that the trucks and other vehicles using the site may readily enter and exit the site without adverse traffic impacts or hazardous conditions.

C. Any trucks and trailers to be parked overnight on the site shall be set back from the front lot line at least 100 feet.

D. The principal building and any accessory buildings and structures shall be located at least 200 feet away from any residential use or residential district.

E. There shall be sufficient off-street parking area so as to accommodate the trucks and other transportation vehicles utilizing the site.

F. The off-street parking area shall be graded and drained so as to dispose of all surface water in a safe and effective manner without causing ponding or adverse impacts upon other lands or the public streets.

G. Buffering, greenbelts or other protective measures may be required so as to avoid serious adverse effects upon other lands.

H. Any vehicles or equipment stored outside of an enclosed building shall not be located within any required yard.

I. No outside storage shall be permitted. However, licensed inoperable vehicles may be stored out of doors within an area and at a location approved by the Planning Commission and, if required, within a fully enclosing fence.

§ 450-23.45 Veterinary clinic.

A. The Planning Commission shall determine the minimum lot area, minimum lot width and minimum street frontage for the use.

B. All buildings and structures shall comply with the minimum setback requirements of the zone district in which the use is located or they shall have such further setback as may be required by the Planning Commission in its approval of the special land use.

C. Any outdoor animal holding area shall be enclosed by a wall or a fence of a height sufficient to contain animals within the holding area.

D. All kennels, pens and other areas for the confinement of animals shall be located at least 200 feet from a front property line and at least 50 feet away from a side or rear property line.

E. In approving the special land use, the Planning Commission may include terms and conditions for the purpose of avoiding or moderating any adverse effects of the use on adjacent or nearby lands.

§ 450-23.46 Warehouse buildings.

A. The Planning Commission shall determine the minimum lot area, minimum lot width, minimum street frontage and minimum required principal building setbacks for the special land use.

B. Outside storage shall not be permitted.

C. No toxic, hazardous, flammable or explosive materials shall be stored in a warehouse building or otherwise be permitted on the site.

D. The site shall provide such length for driveways so that there shall be sufficient stacking capacity for motor vehicles making deliveries to the site or removing stored goods or materials from the site.

E. Screening and buffering of the use from other lands may be required.

F. This special land use does not include mini warehouses or self-storage warehouse facilities, both of which are addressed elsewhere in this chapter.

§ 450-23.47 Wind energy conversion systems (WECS) over 60 feet.

A. This special land use authorizes wind energy conversion systems (WECS) that exceed 60 feet in height. A WECS that is 60 feet or less in height is regulated under § 450-3.30.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

ON-SITE SERVICE WECS

A single WECS placed upon a lot or parcel with the intent to service the energy needs of only the structures and uses on the same lot or parcel.

WECS HEIGHT

The distance between the ground (at normal grade) and the highest point of a WECS, as measured from the ground (at normal grade) to the highest point of the WECS (being the tip of the blade, when the blade is in the full vertical position).

WIND ENERGY CONVERSION SYSTEM (WECS)

A combination of:

(1) A surface area (typically a blade, rotor, or similar device), either variable or fixed, for utilizing the wind for electrical power; and

(2) A shaft, gearing, belt, or coupling utilized to convert the rotation of the surface area into a form suitable for driving a generator, alternator, or other electricity-producing device; and

(3) The generator, alternator, or other device to convert the mechanical energy of the surface area into electrical energy, housed in a nacelle; and

(4) The tower, pylon, building mount or other structure upon which any, all, or some combination of the above are mounted.

(5) Other components not listed above but associated with the normal construction, operation, and maintenance of a WECS.

C. On-site service WECS general requirements.

(1) An on-site service WECS is permitted in the RR Rural Residential/Agriculture District, the B-1 Neighborhood Business District, the B-2 General Business District and the I Industrial District, in accordance with the requirements of this section.

(2) The minimum requirements for the special land use shall be those stated in § 450-3.30, but as to any such provisions that are specified more strictly in this section, then such provisions in this section shall apply and control.

(3) The wind rating of the WECS turbine shall not be greater than 50 kwh, except that a greater rating may be permitted by the Planning Commission.

(4) The WECS shall provide energy only to the property where the tower is located and must be owned by the owner of the property upon which the WECS is placed.

(5) No sound attributed to the WECS in excess of 55 dB(A) shall be discernible at the property line.

(6) There shall be no signs on the WECS other than the name of the manufacturer, which may only be affixed to the nacelle.

(7) The WECS shall be painted in a neutral color, such as gray or light blue, to blend into the background.

(8) Each WECS shall also comply with all applicable federal, State of Michigan, and county requirements, in addition to Township ordinances.

(9) A WECS shall be removed when the device or equipment is no longer operating or when it has been abandoned.

(10) A WECS shall not be installed in any location where its proximity to existing fixed broadcast, retransmission or reception antenna for radio, television or wireless phone or personal communication systems would produce electromagnetic interference with signal transmission or reception.

D. Ground-mounted on-site service WECS.

(1) The minimum lot area for a parcel of land on which a WECS exceeding a height of 60 feet is located shall be five acres if located in the RR, B-1 or B-2 Districts.

(2) A WECS in the I District shall be located on a parcel of land of at least one acre.

(3) The diameter of the rotor may not be greater than 50 feet, or may be such greater diameter as may be permitted by the Planning Commission.

(4) The WECS height shall not exceed 130 feet or shall not exceed such greater height as may be permitted by the Planning Commission.

(5) The minimum rotor blade tip clearance from grade shall be 20 feet, or it shall be such greater clearance as may be required by the Planning Commission.

(6) The tower used to support a WECS shall be adequately anchored, as certified by an engineer.

(7) The setback for placement of a WECS shall be at least equal to 1.5 times the WECS height. No part of a single WECS (including guy wire anchors) shall be located within or above any required setback.

E. Building-mounted on-site service WECS.

(1) The minimum lot area shall be one acre.

(2) The diameter of the rotor shall not exceed 20 feet.

(3) The WECS height shall not exceed the maximum height for principal buildings in the district, plus 25 feet.

(4) The WECS shall be set back from adjoining property lines a distance equal to 1.5 times the height of the WECS. The setback shall be measured from the property line to the closest extension of the rotor when horizontal and perpendicular to the property line.

F. Discretionary conditions. The Planning Commission may impose other terms and conditions regulating the construction, installation, use, maintenance, repair and removal of any WECS authorized by the terms of this section. Such other terms and conditions may include, though are not limited to, the following:

(1) The screening or buffering of structures (other than towers) with landscaping, berms, walls or any combination thereof. Fencing may be required by the Planning Commission to secure the site and tower.

(2) The preservation of existing trees and other existing vegetation not required to be removed for installation of a WECS.

(3) The reasonable replacement of trees or other vegetation removed or destroyed during the construction or installation of a WECS.

(4) A requirement for a performance bond or letter of credit, in favor of the Township, and conditioned upon the timely and faithful performance of all required conditions of the special land use, including but not limited to the timely and complete removal of a WECS, regulated under the terms of this section, when required. Such performance bond or letter of credit shall remain in effect during and after the operation of a WECS, until its operations have ceased and it has been removed.

§ 450-23.48 Wireless communications facilities.

A. Purpose and intent.

(1) The regulations of this section are intended to conform to federal laws and administrative rules governing facilities needed to operate wireless communication systems and to set forth procedures and standards for review and approval for the location of such facilities within the Township. It is the Township's intent to reasonably regulate the location and design of these facilities to retain the integrity of neighborhoods and the character, property values and aesthetic quality of the Township.

(2) Given the increase in the number of wireless communications facilities requested as a result of new technology and the Federal Telecommunications Act of 1996,[1] it is the policy of the Township that all users should co-locate on attached wireless communications facilities and wireless communication support structures. Co-location is proposed in order to assure the most economic use of land and to prevent the proliferation of duplicative services.

[1] Editor's Note: See 47 U.S.C. § 251 et seq.

(3) In recognition of the Township's concern that technological advances may render certain wireless communications facilities obsolete or unnecessary in the future, requirements are set forth for the removal of unused or unnecessary facilities in a timely manner and provide security for removal.

B. Zoning districts and limitations for wireless communications facilities. Wireless communications facilities may be located within the Township in accordance with the table set forth below, provided the location is consistent with the master plan prepared for wireless communications facilities in the Township.

Type/Location of Wireless Communication Facility	Districts Permitted
Attached to existing structures
Attached to an existing conforming structure that will not be materially altered or changed in appearance	All districts
Attached to an existing utility pole that will not be modified or materially alter the pole or impair sight lines or compromise safety	All districts
Co-location upon an attached wireless communications facility previously approved for such co-location	All districts
New facility
Monopole	RR, B-1, B-2, I Districts
Lattice tower where it can be demonstrated that a monopole is not feasible	Industrial District

C. Application requirements. The following information shall be provided with the application, in addition to other submittal requirements for site plan, as required in Article 22.

(1) Signed certification by a professional engineer licensed by the State of Michigan with regard to the manner in which the proposed structure will fall in the event of damage, accident or injury (i.e., "fall zone"), and that the setback area provided shall accommodate the structure should it fall or break and provide a reasonable buffer in the event the structure fails.

(2) A description of performance guarantee to be posted at the time of receiving a land use permit for the facility to ensure removal of the facility when it is abandoned or is no longer needed. The applicant shall demonstrate that funds will be available to the Township for removal of any structure used for wireless communication in an amount which reasonably reflects the cost of removal of the facility and restoration of the property or structure upon which the facility is located or placed. Adequate funds shall also be provided to cover the Township's administrative costs in the event that the applicant or its successor does not remove the wireless communications facility in a timely manner.

(3) The security shall, at the election of the Planning Commission, be in the form of 1) cash; 2) security bond; 3) letter of credit; or 4) an agreement in a form approved by the Township Attorney and recordable at the office of the Register of Deeds, establishing a promise of the applicant and owner of the property, or their successors, to remove the facility in a timely manner as required under this section. It shall further be provided that the applicant, owner or successor shall be responsible for payment of any costs or attorney fees incurred by the Township in securing removal.

(4) A map that illustrates existing and known proposed wireless communications facilities within the Township and adjacent communities which are relevant in terms of potential co-location or to demonstrate the need for the proposed facility. If and to the extent the information in question is on file with the Township, the applicant shall be required only to update, as needed. Any such information which is 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 confidentiality in connection with the development of governmental policy. Any request for confidentiality must be prominently stated in the application for the special land use.

(5) For all new facilities, in recognition of the Township's policy to promote co-location, a written agreement, transferable to all Assessors and assigns, that the operator shall make space available on the facility for co-location.

(6) 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.

D. Review standards applicable to all facilities. All wireless communications facilities shall be constructed and maintained in accordance with the following standards:

(1) Facilities shall be located and designed to be harmonious with the surrounding areas through the use of color, materials, screening, landscaping, and architectural treatment. The Planning Commission may require unique design of the structure to diminish the visual impact, minimize adverse effects on nearby properties and land uses, or to create an architectural feature that will contribute to or enhance community character.

(2) All new and modified wireless communications facilities shall be designed and constructed to accommodate co-location of both antenna and equipment structures by five or more wireless communication providers. A written agreement in a format approved by the Township Attorney shall be provided to that effect.

(3) A permit for the construction and use of a new wireless communications facility shall not be granted until the applicant demonstrates substantially equivalent services are not feasible through co-location on an existing structure elsewhere in the Township or surrounding communities.

(4) The total height of the facility, including tower, antenna, or any other portion of the tower, shall not exceed 199 feet, unless required by state or federal law or otherwise necessary for public safety.

(5) Landscaping, consisting of evergreen trees at least six feet in height and 15 feet on center, shall be provided to screen the structure base, accessory buildings and enclosure from adjacent uses and public rights-of-way.

(6) Elevations of the accessory buildings shall be provided. All accessory buildings shall be constructed of brick, provided the Planning Commission may waive this requirement for a building that is located in the industrial district and is not visible from a public right-of-way or nonindustrial zoning district.

(7) Accessory buildings shall be a maximum of 14 feet in height and shall be set back in accordance with the requirements for principal buildings in that zoning district.

(8) A six-foot-high fence shall be provided for protection of the support structure and to provide security from children and other persons who may otherwise access facilities.

(9) All towers, antenna, construction, installation, operation, and maintenance shall comply with all applicable federal, state, and local regulations. If, upon inspection, the Township determines that a tower fails to comply with any regulation, the Zoning Administrator shall provide written notice to the owner of the tower, who shall have 90 days to comply with the applicable regulation. Failure to comply within this period shall constitute grounds for requiring removal of the antenna or tower at the owner's expense.

(10) The applicant shall demonstrate that the requested height of the new or modified support structure and antenna, including additional height to accommodate future co-location, shall be the minimum height necessary for reasonable communication by the applicant.

(11) All antennas and towers adjacent to a lot or parcel improved with a dwelling and/or adjacent to a residential district shall maintain a separation distance equal to the height of the tower, including antenna, or 200 feet, whichever is greater. The tower separation distance shall be measured by drawing a straight line between the base of the proposed tower and the lot line of the adjacent residential lot or zoning district. For purposes of determining the required setback distances, the dimensions of the entire lot or parcel shall control, even if the tower is located within a leased portion of a larger lot or parcel.

(12) There shall be unobstructed access to the support structure, for operation, maintenance, repair and inspection purposes, which may be provided through or over an easement. This access shall have a width and location determined by such factors as the location of adjacent throughfares 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.

(13) Where a wireless communications 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 architecturally compatible with the principal building. The equipment enclosure may be located within the principal building or may be an accessory building. If proposed as an accessory building, it shall conform to all district requirements for principal buildings, including yard setbacks.

(14) An antenna or tower shall not be illuminated and shall not display strobe lights, unless specifically required by the Federal Aviation Administration or other federal or state authority. Any such required aviation hazard lighting shall be detailed on the plans. Lighting of buildings or structures shall be fully shielded to prevent glare or light emissions toward adjacent property.

(15) As a condition of every approval, the applicant shall agree to remove all or part of any facility when the facility has been abandoned or unused for a period of 180 consecutive days, unless an extension of time is granted by the Zoning Administrator. An extension of not more than six months may be granted if the Zoning Administrator determines that the owner or former operator is taking active steps to place the facility back in operation or accomplish its removal. The Zoning Administrator shall be notified by the owner or applicant of any changes in the status of the facility, including a cessation of use.

E. Discretionary conditions. The Planning Commission, in its reasonable discretion, may impose other terms and conditions regulating the construction, installation, use, maintenance, repair and removal of any wireless communications facility. Other terms and conditions may address matters such as:

(1) Prohibiting the construction, use, or occupancy of specified dwellings, buildings or structures within a defined isolation distance from the antenna or tower.

(2) Preserving existing trees or vegetation not required to be removed to accommodate installation of the tower antenna.

(3) Restoring trees or vegetation removed or destroyed during the construction or installation of a wireless communications facility.

(4) Requiring reasonable modification or accommodations on existing buildings to ensure the safety, structural integrity, and appearance of the existing building will not be compromised by the addition of the wireless communications facility on the existing structure.

F. Removal. As a condition of every approval of a wireless communications facility, adequate provision shall be made for its removal. Documentation (such as signed lease, deed, or land contract restrictions) shall be provided to the Township which demonstrates that the applicant is required to remove the tower and associated facilities upon cessation of its operations.

G. Co-location.

(1) It is the policy of the Township to minimize the overall number of newly established locations for wireless communications facilities and wireless communication support structures within the Township and to encourage the use of existing structures for attached wireless communications facilities. If a provider fails or refuses to permit co-location on a facility owned or controlled by it where co-location is feasible, the result will be that a new and unnecessary additional structure will be required, in contradiction with Township policy. Co-location shall be required unless an applicant demonstrates that co-location is not feasible.

(2) Co-location shall be deemed feasible for the purpose of this subsection where all of the following are met:

(a) The wireless communication provider or property owner where co-location is proposed will accept market rent or other market compensation for co-location, and the wireless communication provider seeking the facility will pay such rates.

(b) The structure on which co-location is being considered, taking into consideration reasonable modification or replacement of a facility, is able to provide structural support.

(c) The co-location being considered is technically reasonable, e.g., the co-location will not result in unreasonable interference, given appropriate physical and other adjustments in relation to the structure, antennas and the like.

H. Modification of standards and requirements. The Planning Commission may permit a modification of the standards of this section where it is determined that the modification would be consistent with the intent and purpose of this section, and where it is determined that the modification will not have a serious, adverse effect upon neighboring properties or otherwise impair the health, safety, and welfare of Township residents.

I. Amateur radio communications. The provisions of this subsection shall apply to towers and antennas owned and operated by a federally licensed amateur radio operator and used solely for amateur radio communication purposes, but shall not be applied so as to preclude the construction and operation of an antenna or tower for amateur radio communication purposes. If the provisions of this section prohibit the construction of a particular amateur radio communications antenna or tower, the Township shall nevertheless reasonably accommodate the proposed operator's amateur radio communications by considering other feasible designs, locations, methods of accessing repeater systems or the use of existing structures as an alternative to the operator's desired amateur radio communications antenna or tower. In any event, the Township's regulations with respect to amateur radio communications shall be only the minimum practicable provisions to accomplish the Township's legitimate governmental purposes.