Township of Lawrence, MI
Van Buren County
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A. 
Intent and purpose.
(1) 
Rather than permitting all of the many and varied land use activities within individual and limited zoning districts, it is the intent of this chapter to provide a set of procedures and standards for specific uses of land or structures that will allow and maintain sound provisions for the protection of the health, safety and general welfare of the inhabitants of Lawrence Township. In order to provide controllable and reasonable flexibility, this article permits detailed review of certain specified types of land use activities which, because of their particular and unique characteristics, require special consideration in relation to the welfare of adjacent properties and to the community as a whole. Land and structure uses possessing these characteristics may be authorized within certain zone districts by the issuance of a special use permit. By such a procedure, the Township Planning Commission has the opportunity to impose conditions and safeguards upon each use which are deemed necessary for the protection of the public welfare.
(2) 
The following section, together with previous references in other articles of this chapter, designate specific uses that require a special use permit and, in addition, specify the procedures and standards which must be met before such a permit can be issued.
B. 
Application procedures. An application for a special use permit for any land or structure use permitted under this article shall be submitted and processed under the following procedures:
(1) 
Applicant. Any person owning or having an interest in the subject property may file an application for one or more special use permits provided for in this chapter in the zoning district in which the land is situated.
(2) 
Submission of application. An application shall be submitted through the Building Official for consideration to the Planning Commission on a form provided by the Building Official. Each application shall be signed by the property owner. The application shall be accompanied by payment of the fee as established by the Township Board of Trustees to cover costs of processing the application.
(3) 
Required information. One application for a special use permit, filled out in full, shall be presented to the Building Official and accompanied by one of the following:
(a) 
Twelve copies of a preliminary sketch plan. In this instance, the applicant will be required to complete the site plan review process of Article VIII after completion of the special use permit procedure. Additional copies may be required.
(b) 
A complete application for site plan review, including application form, final site plan and all applicable fees. In this instance, the site plan review process will be conducted simultaneously with the review of the special use permit and in conformance with Article VIII of this chapter.
(c) 
An application complying with the provisions of this chapter shall be scheduled for public hearing by the Planning Commission.
(4) 
Incomplete applications.
(a) 
An application made without full compliance with this chapter shall be returned to the applicant, with a request with the missing information.
(b) 
An application which is incomplete shall not constitute submission as to commence the running of time for processing the application.
(5) 
Upon receipt of a complete application by the Building Official, the Township shall transmit one copy to any agency considered to be impacted or affected by the land use request for review and comment. This includes but is not limited to the County Drain Commissioner and the County Road Commission.
(6) 
Other having interest. Any person having an interest in any application may present any petition or document supporting his position for or against such application.
(a) 
All documents shall be submitted to the Building Official no later than 15 days before the hearing at which the application will be considered.
(b) 
It shall be incumbent upon the applicant to furnish adequate evidence in support of the proposed use complying with the provisions of this chapter. It shall be the obligation of the applicant to furnish sufficient evidence or proof of ongoing compliance with the provisions of this chapter.
(7) 
Requirements and limitations for granting special use permits.
[Amended 4-12-2018][1]
(a) 
Until a special use permit has been issued for any use requiring the same in this chapter, and until a proper building permit has been granted pursuant to the special use permit, there shall be no construction, as defined by MCLA § 125.1502a(n), or excavation on said land, nor shall there be made any use of land related to the request for the special use permit except as provided herein. While a special use permit application is pending, a limited building or demolition permit application may be submitted if no objection to its submission is raised by the Planning Commission at a regular or special meeting of the Planning Commission following the submission of the special use application.
(b) 
The request to submit a limited building or demolition permit application may be made on the special use permit application itself, or in a separate request submitted at or before the initial hearing on the special use permit application.
(c) 
The Planning Commission shall consider the Building Inspector's opinion, the proposed special use, the likelihood of granting the special use permit, the impact on the neighboring properties and the community if a structure is built or demolished in whole or in part and the special use permit is denied, and any other factors the Planning Commission considers relevant.
(d) 
The granting of a limited building or demolition permit is not an approval of any special uses, building, structure, or excavation locations, or other matters depicted, referred to, or implied in any documents submitted with the limited building or demolition permit or special use permit application. Further, any work done pursuant to a limited building or demolition permit may need to be modified, redone, or removed in light of requirements of the Planning Commission or the Township Board for approval of the special use permit.
A LIMITED BUILDING OR DEMOLITION PERMIT and APPLICATION will contain the following reservation of rights: "THIS BUILDING OR DEMOLITION PERMIT SHOULD NOT BE CONSTRUED AS AN APPROVAL OF ANY SITE PLANS OR SPECIAL USE PERMIT APPLICATIONS. THIS INCLUDES SITE PLANS THAT WERE ATTACHED TO THIS LIMITED BUILDING OR DEMOLITION PERMIT APPLICATION. THE TOWNSHIP RESERVES THE RIGHT TO DENY ANY SITE PLANS AND/OR SPECIAL USE PERMITS, AND ANY AMENDMENTS THERETO, PENDING IN OR STILL TO BE SUBMITTED TO THE TOWNSHIP. THE APPLICANT PROCEEDS AT HIS/HER OWN RISK WITH FULL UNDERSTANDING THAT THE AFOREMENTIONED SITE PLANS, SPECIAL USE PERMITS, AND OTHER PERMITS, APPLICATIONS, OR APPROVALS MAY BE DENIED OR HAVE ADDITIONAL CONDITIONS PUT ON THEM WHICH MAY PREVENT FURTHER CONSTRUCTION, RESULT IN FINANCIAL LIABILITY OR LOSS, OR OTHERWISE RESULT IN HAVING TO MODIFY, REDO, OR UNDO STRUCTURES OR EXCAVATIONS, OR MAY RESULT IN APPLICANT HAVING TO TAKE FURTHER ACTION."
"I am the owner or the owner's authorized agent capable of binding the owner. The owner/applicant deems the work, structure, excavation, and/or demolition is acceptable even if the pending or to be submitted special use permit is DENIED. The owner/applicant states that even if the special use permit is denied said construction, excavation, and/or demolition furthers the owner/applicant's desire to develop the property for other reasons."
Date:
Owner/Agent:
[1]
Editor's Note: This ordinance renumbered original Sec. 7.1.2(F)(3) of the 2005 Code as original Sec. 7.1.2(G).
C. 
Review and findings.
(1) 
Public hearing. The Planning Commission shall review the application at its next regular meeting following filing and shall set a date for public hearing within 45 days thereafter. Notice shall be given pursuant to the requirements of the Michigan Zoning Enabling Act,[2] as presently enacted or later amended, concerning the request.
[2]
Editor's Note: See MCLA § 125.3101 et seq.
(2) 
Planning Commission recommendations. Upon conclusion of such hearing procedures, the Planning Commission shall transmit a written recommendation within 30 days to the Township Board setting forth the reasons for the acceptance, denial or modification of the special use permit application. Such recommendation shall be forwarded to the Township Clerk.
(3) 
Township Board action. Upon receipt of the Planning Commission recommendation, the Township Board shall consider the special use permit application at its next regular meeting. The Township Board shall accept or reject the application based upon materials received and testimony recorded by the recording secretary at the public hearing. Following favorable action by the Township Board, the Clerk shall issue a special use permit subject to site plan review and/or other conditions as have been placed on such permit by the Planning Commission and Township Board. All conditions shall be clearly specified in writing.
D. 
Basis of determination. Before recommending approval of a special use permit to the Board of Trustees, the Township Planning Commission shall ensure that the standards specified in this section, as well as applicable standards established elsewhere in this chapter, shall be satisfied by the completion and operation of the special use under consideration.
(1) 
General standards.
(a) 
The Township Planning Commission shall review the particular circumstances of the special use request under consideration in terms of the following standards and shall recommend its approval only upon a finding of compliance with each of the following standards, as well as applicable standards established elsewhere in this chapter.
[1] 
The proposed use, activities, processes, materials, equipment and conditions of operation will not be detrimental to the public welfare, persons or property by reason of noise, fumes, dust, glare, traffic or objectionable odors.
[2] 
Essential public facilities and services such as roads, fire and police protection, drainage facilities, refuse disposal, and schools are adequate for the proposed use or are capable of being adequately provided for.
[3] 
Requirements for additional public services and facilities which will be created by the proposed use will not be detrimental to the economic welfare of the community. All standards set forth in this chapter will be complied with.
[4] 
All administrative requirements pertaining to the issuance of special use permits have or will be complied with.
[5] 
The proposed use, activities, processes, materials and equipment and conditions of operations shall be consistent with the objectives of the Comprehensive Development Plan.
[6] 
Where feasible, the proposed activity should not be located such that it will directly or indirectly have a substantial adverse impact on the natural resources of the county. This includes but is not limited to lakes, rivers, streams, country drains, major forests, water recharge areas, and major mineral deposits. See Natural Resources and Environmental Protection, 1994 P.A. 451 (MCLA § 324.101 et seq.).
[Amended at time of adoption of Code (see Ch. 20, Code Adoption, Art. II)]
(2) 
Conditions. The Lawrence Township Planning Commission may recommend approval, approval with conditions, or disapproval of a special use application. If the Planning Commission recommends approval with conditions, the Township Board shall have the authority to add conditions necessary to ensure compliance with the standards contained in this or other applicable Township ordinances and regulations. Such conditions shall be enforced by the Building Official. The hours of operation may be set by the Planning Commission. The conditions may include those necessary to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner.
(3) 
Performance guarantee. In reviewing a special use permit, the Township Planning Commission may recommend that a cash deposit, certified check, irrevocable bank letter of credit, or surety bond be furnished by the developer to ensure compliance with an approved site plan and the special use permit requirements. Such guarantee shall be deposited with the Township Clerk at the time of the issuance of the special use permit. In fixing the amount of such performance guarantee, the Township Planning Commission shall limit it to reasonable improvements required to meet the standards of this chapter and to protect the natural resources or the health, safety and welfare of the residents of the Township and future users or inhabitants of the proposed project or project area, including, but not limited, to roadways, lighting, utilities, sidewalks, screening and drainage. The term "improvements" does not include the entire project which is the subject of zoning approval nor to improvements for which a performance guarantee has been deposited pursuant to Act No. 288 of 1967,[3] as amended. The Township Planning Commission and the project developer shall establish an agreeable procedure for the rebate of any cash deposits required under this section, in reasonable proportion to the ratio of work completed on the required improvements as work progresses and include it in its recommendation to the Board of Trustees.
[3]
Editor's Note: See MCLA § 560.101 et seq.
E. 
Effective date of special use permit. The special use permit shall become effective when the application has been approved by the Board of Trustees.
(1) 
A building permit shall not be issued until approval of such special use permit by the Lawrence Township Board of Trustees.
(2) 
Land subject to a special use permit may not be used or occupied for purposes of such special use until after a certificate of occupancy for it has been issued pursuant to this chapter.
F. 
Transfer and/or expiration of special use permit.
(1) 
Transfer of special use permit. In order to ensure continued compliance with the terms of this chapter and a special use permit issued under it, each special use permit shall specify terms for transfer of a valid special use permit from the present landowner or operator to a subsequent owner or operator. The responsibility for said transfer in accordance with the terms of the special use permit shall be that of the permit holder of record with the Lawrence Township Planning Commission. Failure of a special use permit holder to properly transfer a special use permit shall not release the permit holder of record from ordinance penalties for any subsequent action undertaken on the land in violation of the terms of the special use permit. Transfer of a special use permit shall be made on a form supplied by the Building Official for that purpose. Proper completion of the form shall require documentation of assumption by the new owner of an interest in the land/operation in question and a written agreement that the new owner/operator will assume the obligations and responsibilities specified in the special use permit, including deposit of a bond or other performance guarantee, when so required by the special use permit. When such transfer has been properly completed and any bond or other performance guarantee deposited properly with the Township by the new permit holder, any bond or performance guarantee on deposit with the Township by the previous permit holder shall be returned in accord with the terms of this chapter.
(2) 
Expiration of special use permit:
(a) 
A special use permit shall be valid for as long as the permitted use continues in accordance with the terms stated therein, unless otherwise stated in the special use permit. If there is not compliance with the terms of the special use permit within six months from the date of its issuance, then it shall automatically expire and be of no further effect or validity. Approval of a special use permit shall be valid regardless of change of ownership, provided that all terms and conditions of the permit are met by subsequent owner.
(b) 
The Township Clerk shall notify the applicant, in writing, mailed to the address listed on the application that such special use permit has expired.
G. 
Reapplication. No application for a special use permit which has been denied, wholly or in part, by the Township Board of Trustees shall be resubmitted until the expiration of one year from the date of such denial except on the grounds of newly discovered evidence or proof of changed conditions.
H. 
Requirement compliance: penalties. It shall be the duty and obligation of the owner(s), or operator(s) if such is under a management arrangement, to at all times be in compliance with the use requirements of this chapter and the stipulations of the special use permit under which their particular use is governed. Failure thereof shall be in violation of this chapter and subject to the penalties and remedies provided in § 1-3.9 and the continuance thereof is hereby declared to be a nuisance per se.
I. 
Once granted a special use permit, the use is a permitted use. Any use for which a special use permit has been granted shall be deemed a conforming use permitted in the district in which such use is located, provided:
(1) 
Such permit was issued in conformity with the provisions of this chapter;
(2) 
Such permit shall be deemed to affect only the lot or portion thereof and uses there upon for which the special use permit shall have been explicitly granted; and
(3) 
Such permit authorizes a use which is subsequently built, operated and maintained to compliance with this chapter, the special use permit and all conditions established with its approval.
J. 
Specific requirements. The general standards and regulations of this section are basic to all uses authorized by special use permit. The specific and detailed regulations set forth or referred to hereafter in other specified sections of this chapter relate to particular uses and are hereafter requirements which must be met by those uses in addition to the aforementioned general standards and regulations.
Special land uses which may be permitted are specifically listed within each of the zoning districts in Article VI. The basis of determination and the general standards for reviewing all listed special land uses in the various zoning districts can be found in § 1-7.1. Additional standards for special land uses are as follows.
A. 
Planned unit developments (PUD).
(1) 
Purpose. The planned unit development is designed to provide for maximum environmental choice for the residents of the Lawrence Township by encouraging creativity and flexibility of low-density residential design, diversity of building types, open space arrangements and environmental preservation, and the integration of nonresidential uses such as professional office, research and supportive services and amenities through the special use permit process.
(2) 
Intent. It is the intent of this section to provide for an added degree of flexibility in the placement and interrelationship of buildings incorporating a variety of residential dwellings and encouraging a more creative approach to development. Such criteria are further intended to:
(a) 
Result in a more efficient development pattern with shorter streets and utility networks.
(b) 
Preserve existing natural assets, such as stands of trees, floodplains, open fields and the like.
(c) 
Accomplish a more desirable residential environment than would be possible through the strict application of minimum requirements of this chapter.
(d) 
Encourage the utilization of open space and the development of recreational facilities generally located within a reasonable distance of all living units.
(e) 
Develop property as individual lots or common building sites. Common land and open space are essential elements of the plan related to affecting the long-term aesthetic and economic values of the entire development.
(f) 
Provide for supportive amenities, such as recreational uses, which, in the opinion of the Planning Commission, are in conformance with the Comprehensive Development Plan and the objectives of the proposed development.
(g) 
Provide for planned professional office/research working environments in conjunction with the planned living environments, which enhance the residential stability and economic base of Lawrence Township through the application of the special use permit process.
(3) 
General requirements, restrictions and standards:
(a) 
Minimum project area. Minimum project area allowable for a PUD shall be 15 acres.
(b) 
Location. Planned unit developments may be located in those districts as designated upon recommendation of the Planning Commission and approval by the Township Board of Trustees.
(c) 
Uses permitted. Only the following land and/or building uses may be permitted under the provisions of this section:
[1] 
All uses permitted in the district for which the PUD is approved.
[2] 
Any additional uses which can be shown to be compatible with the general objectives of the Township's Comprehensive Development Plan as well as integral to the specific PUD scheme in which they are contained. For the purpose of this section, an "integral use" shall be defined as a use which has a specific functional relationship with other uses contained in the development, as for example, a day-care center, which serves primarily the needs of residents of the development.
(d) 
Performance objectives.
[1] 
Yard, setback, lot size, type of dwelling unit, height, and frontage requirements restrictions are waived for the PUD; provided, however, that the spirit and intent of this section, as defined in § 1-7.2A(1), are incorporated within the total development plan. The Planning Commission may determine that certain setbacks be established within all or a portion of the perimeter of the site and shall determine the suitability of the total development plan in accordance with § 1-7.2A(1) of this section.
[2] 
Access. Every structure or dwelling unit shall have access to a public street, walkway and other areas dedicated to common use and shall allow access for emergency vehicles.
[3] 
Land usage. The approximate location of structures, shown on the conceptual development plan, shall be so arranged as not to be detrimental to existing or proposed structures within the development or surrounding neighborhood.
[4] 
Privacy. Each development shall provide reasonable visual and acoustical privacy for dwelling units. Fences, walks, barriers, and landscaping shall be used, as appropriate, for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable views or uses, and reduction of noise.
[5] 
Off-street parking. Parking convenient to all dwelling units and other uses shall be provided pursuant to the minimum requirement of Article X of this chapter. Common driveways, parking areas, walks and steps may be required, together with appropriate lighting, in order to ensure the safety of the occupants and the general public. Screening of parking and service areas may be required through use of trees, shrubs, hedges or screening walls.
[6] 
Development concept. All of the elements of the site plan shall be harmoniously and efficiently organized in relation to topography, the size and type of plot, the character of adjoining property, and the type and size of buildings. Arrangement of buildings shall be done in such a way to utilize natural topography, existing vegetation and views within and beyond site.
[7] 
Utilities. Planned unit developments shall, where feasible, provide for underground installation of utilities (including electricity and telephone) in both public ways and private extensions thereof. Provisions shall be made for construction of storm sewer facilities, including grading, gutters, piping, and treatment of turf to handle stormwaters, and to prevent erosion and the formation of dust. This could include the establishment of retention basins in order to minimize stormwater runoff.
[8] 
Pedestrian circulation. The pedestrian circulation system and its related walkways shall be insulated as completely and as reasonably as possible from vehicular movement.
[9] 
Recreation areas. Recreational areas and facilities shall be provided in easily accessible locations and shall be accessible to emergency vehicles.
[10] 
Planting. The appeal and character of the site shall be preserved and enhanced by retaining and protecting existing trees and other site features; additional new landscaping shall be added for privacy, shade, beauty of buildings and grounds and to screen out objectionable features.
(e) 
Density. The density (dwelling units per acre) in a PUD shall not exceed the density of the zone in which it is located. When more than one zone is involved, the density of the project will be the average of the zones, weighted in direct proportion to the size of the property within the project in each zone. Only 1/2 of the total portion of the site comprised of floodplain, swamps, (wetland) or a water body may be used in the calculation of densities of a project.
(f) 
Open spaces. "Common open space" is defined as parcel or parcels of land or an area of water or a combination of land and water designed and intended for the use or enjoyment of the residents of the PUD or of the general public. Common open space does not include proposed street rights-of-way, open parking area, or commercial areas. Common open space may contain accessory structures and improvements necessary or desirable for religious, educational, noncommercial, recreational or cultural uses. A variety of open space and recreational areas is encouraged, such as children's informal play areas in close proximity to individual dwelling units, according to the concentration of dwellings; formal parks; picnic areas; playgrounds; and scenic open areas and communal, noncommercial recreational facilities.
[1] 
The area of common open space within a PUD project may not be less than 25% of the total land area of the project.
[2] 
All common open space shown on the final site plan must be reserved or dedicated by lease or conveyance of title to a corporation, association or other legal entity, or by reservation by means of a restrictive covenant. The terms of such lease or other instrument must include provisions guaranteeing the continued use of such land for the purposes intended and for continuity of proper maintenance of those portions of the open space land requiring maintenance.
(g) 
Circulation facilities. The arrangements of public and common ways for pedestrian and vehicular circulations shall be coordinated with other existing or planned streets in the area.
(h) 
The PUD's landscape plan shall meet the requirements of Article VIII (Site Plan Review).
(i) 
The PUD's site plan shall meet the requirements of Article VIII (Site Plan Review).
(j) 
The PUD may be developed in stages or phases, but must receive conceptual approval for future states and final site plan approval prior to construction of each state or phase.
(k) 
Initial construction on the first phase of the project must begin within two years of approval from Lawrence Township.
(l) 
In the opinion of the Building and Zoning Official, amendments to the approved PUD which increase the intensity of use or increase the impact on adjacent properties must be resubmitted to the Planning Commission for review and approval.
(4) 
Development agreements and financial guarantees.
(a) 
Upon approval of the PUD, the applicant shall develop, with the Township, a development agreement to ensure that all of the customary municipal improvement required by existing ordinances and regulations will be properly made and that funds will be made available by the applicant to ensure the installation of certain site improvements prior to any permits being issued.
(b) 
Financial guarantee shall be required by the Township in the form of a cash deposit, certified check, bond or other financial guarantee/instrument acceptable to the Township to ensure compliance with such requirements as infrastructure, drives, walks, parking, landscaping, or other features of the development.
(c) 
The financial guarantee shall be deposited with the Township at the time of issuance of the permit authorizing the project or activity. The Township shall release portions of the guarantee as work is completed on the project or activity and accepted by the Township Board.
(d) 
The developer shall establish a separate escrow account with the Township to cover such additional review costs as engineering, legal, or other professional assistance as may be required.
(5) 
Approval process. Submission, review, and recommendation of a planned unit development shall be subject to the following three-step process:
(a) 
Preapplication conference. Prior to submission of an application for a planned unit development, the applicant shall meet with the Building Official and other appropriate staff to outline the fundamental elements of the proposed development (location, acreage, residential density, nonresidential density, building types, specific uses, open space and natural features and proposed circulation). The applicant shall receive at the preapplication conference an explanation of ordinance requirements, procedures, and estimated time lines.
(b) 
Preliminary development concept. Prior to setting a public hearing on an application for a special use permit, the Planning Commission is required to review and comment on the preliminary development concept for the proposed PUD. The intent of the Planning Commission review is to provide as much feedback as possible on the applicant prior to the official public hearing as required in Article VIII. Prior to the Planning Commission's review of the preliminary development concept, the following information shall be submitted:
[1] 
Evidence of ownership or equitable interest in the proposed site of the PUD.
[2] 
Legal description and generalized location.
[3] 
Written, detailed description of the proposed uses.
[4] 
Unless requested otherwise, 12 copies of a conceptual site plan for the proposed development, which contains the following information:
[a] 
Readable scale.
[b] 
Existing zoning of the site and adjacent properties.
[c] 
Existing land use of the site and adjacent properties.
[d] 
Location of proposed structures, parking areas, and open space.
[e] 
Development summary data (acres, units, parking spaces, gross/net density, gross building square footage).
[f] 
General description of water, sanitary and storm drainage systems, including retention basins.
[g] 
Identification of existing natural features of the site and location of specific wetland area.
[h] 
Description of proposed landscape features, buffers, and pedestrian circulation system.
[i] 
Identification of existing and proposed easements.
[j] 
Identification of existing and proposed public and private rights-of-way and adjacent curb cuts.
[k] 
Identification of any proposed nonresidential land uses.
[5] 
Description of development ownership, proposed ownership form for residential and nonresidential components, and proposed maintenance concept.
(6) 
Final development plan. The final development plan for a proposed planned unit development shall meet the following additional requirements:
(a) 
The special use permit application and all supportive materials shall be submitted at least 30 days prior to the scheduled public hearing for the PUD.
(b) 
The application and supportive materials shall contain a site plan, which contains the information submitted for the preliminary development plan, plus the following information:
[1] 
Meets the requirements of Article VIII (Site Plan Review).
[2] 
Indicates engineering recommendations for water, sanitary sewer, storm drainage, natural gas, electric and telephone systems.
[3] 
Indicates recommended road alignments, existing contours and proposed topographic data.
[4] 
Indicates soil erosion and sedimentation control procedures.
[5] 
Detailed landscape plans.
[6] 
Provides a specific schedule of the proposed development, including phasing for major construction features, open space provision, recreational features, common use areas, utilities, and landscaping requirements.
(c) 
The provision of studies which may be required by the Township, at the applicant's expense, which address issues such as, but not limited to, traffic circulation and safety, utility systems, and environmental impact.
(d) 
The final development plan shall meet the requirements of reasonable development standards as established by the Township.
(e) 
A decision shall be made by the Township within 60 days unless extraordinary circumstances prohibit a decision.
B. 
Commercial communication towers.
(1) 
Intent. It is the intent of this section to provide regulations controlling the placement, design, modification and construction of commercial communication towers including their accessory uses.
(2) 
Definition. As used in this section, the following terms shall have the meanings indicated:
COMMUNICATION TOWER
A radio, telephone, cellular telephone or television relay structure of skeleton framework, or monopole attached directly to the ground or other structure utilized for the transmission or reception of radio, telephone, cellular telephone, television, microwave, or any other form of telecommunication signals. Not included in this definition are: citizen's band radio facilities, short wave facilities, ham and amateur radio facilities, residential television reception antenna/satellite dishes, and government facilities which are subject to state and federal law or regulations that preempt municipal regulatory authority.
(3) 
Regulations. The following regulations shall govern the placement, design, modification and construction of commercial communication towers including their accessory uses.
(a) 
Special use permit. Communication towers are permitted in District C (Commercial) and District I (Industrial) with the approval of a special use permit. Communication facilities which are proposed to attach to existing, preapproved communication towers shall be approved by the Building Official if they meet all the conditions established by the original special use permit.
[Amended at time of adoption of Code (see Ch. 20, Code Adoption, Art. II)]
(b) 
Site plan review. Communication tower applications must receive site plan approval from the Planning Commission.
(c) 
Engineering certification. The application shall provide verification that the antenna mount and structure have been reviewed and approved by a professional engineer and that the proposed installation is in compliance with all the applicable codes. The communication tower must be set back from all property lines a distance equal to its height, unless engineering specifications have been verified by the Building Official that the structural integrity of the communication tower will withstand high winds and impacts, and the likelihood of a communication tower failure is minimal. The support structure for the communication tower shall be contained within the parcel within which the proposed tower is located. The applicant shall incur all cost associated with the Township Engineering review. The applicant shall provide reverification that the antenna mount and structure remain in compliance when additional co-located antennas are installed.
(d) 
Airport locations. Communication towers in excess of 100 feet in height above grade level shall be prohibited within a two-mile radius of a public airport or 1/2 mile of a helipad.
(e) 
Co-locations. Applications for communication towers must be accompanied by documentation that the applicant has investigated the potential of co-location of sharing tower facilities with other providers. That documentation must include written evidence that the applicant has had direct communication and response regarding the potential for co-location or sharing tower facilities with the owners/operators of all existing communication towers within the Township. Applications for communication devices to be located on existing towers or structures may be approved by the Building Official, providing all other requirements of this section are complied with.
(f) 
Spacing. In order to prevent a concentration of towers in one geographic area, the minimum spacing distance between communication towers shall be two miles.
(g) 
Height. The maximum height of a communications tower shall be 200 feet.
(h) 
Accessory structures. Accessory structures are limited to the use associated with the operation of the communications tower. Accessory structures shall not exceed 600 square feet in area and a height of 20 feet. Accessory structures shall not be located closer than 30 feet from all property lines.
(i) 
Design certification. The final plans for the communications tower shall be certified by a registered structural engineer and meet all requirements of the Federal Communications Commission, the National Environmental Policy Act of 1969,[1] and the Federal Aviation Administration.
[1]
Editor's Note: See 42 U.S.C. § 4321 et seq.
(j) 
Liability. The applicant shall provide documentation that indemnity and insurance provisions exists for the communications tower in the event that the provider abandons the structure. The specific dollar amount of the indemnity and insurance provisions shall be approved by the Township and that the cancellation of such policy shall not be effective without the approval of the Township.
(k) 
Mandatory permit requirements. The following are additional regulations pertaining to communications towers:
[1] 
All towers shall be equipped with an anticlimbing device to prevent unauthorized access.
[2] 
Antennae and metal towers shall be grounded for protection against a direct strike by lightning and shall comply as to electrical wiring and connections with all applicable local statues.
[3] 
All towers shall be located so that they do not interfere with reception in nearby residential areas.
[4] 
Towers shall not be artificially lighted unless required by the Federal Aviation Administration.
[5] 
There shall be no permanent employees located on the site.
(l) 
Landscaping, screening, fencing and buffering: Landscaping, screening, fencing and buffering plans shall be submitted for review and approval.
(m) 
Abandonment. The communication tower shall by removed by the property owner or lessee within three months of being abandoned. The tower shall be removed to the top of the footing.
(n) 
Unsafe and unlawful communications towers: When any communications tower is determined to be unsafe or is unlawfully erected or maintained and is found to be in violation of the provisions of this chapter, the use of the tower shall be discontinued until all violations are corrected or it shall be removed.
C. 
Private roads. Private roads in unplatted areas of Zoning Districts A-1 and R-1, serving two or more family dwellings and pursuant to special use permit, Article VII, shall meet the following criteria:
(1) 
Shall be established within a legally recorded easement of 66 feet in addition to the zoning district requirement for lot width.
(2) 
Shall only provide access for parcels abutting the private road.
(3) 
Shall be built to County Road Commission standards for public roads as reviewed and approved by the County Road Commission. All private roads shall include a vehicular turnaround approved by the Lawrence Township Fire Department.
(4) 
Shall be established with a legally recorded agreement for all contiguous lots, providing for the maintenance of the road.
D. 
Mobile home parks.
(1) 
Intent.
(a) 
It is the intent of this section to provide for the establishment, in a district of comparable intensity of land use, well-designed mobile home parks. The regulations and conditions contained in this section are designed to ensure that mobile home parks will provide a comfortable and pleasing environment for persons who seek mobile home residence.
(b) 
Regulations and conditions contained in this section are intended to ensure that mobile home park developments will be served adequately by essential facilities and services, such as access streets, public water, sanitary sewer and storm drainage facilities, refuse disposal, schools, and police and fire protection.
(c) 
The Planning Commission may, by the issuance of a special use permit, authorize the establishment of a mobile home, and such authorization shall be granted only when all the applicable procedures and requirements stated herein are complied with.
(2) 
General requirements, restrictions and standards.
(a) 
Minimum project area. Minimum project area for a mobile home park development shall be 15 acres.
(b) 
Location. Mobile home parks may be located only in those zoning districts identified in this chapter, upon approval of the Planning Commission and in accordance with the following standards:
[1] 
The site shall be adjacent to and serviced by a major arterial or county primary street.
[2] 
The site shall be serviced by existing or programmed essential public facilities and services such as access streets, water, sanitary sewer and storm drainage facilities, and police and fire protection.
(c) 
Uses permitted. Only the following land and/or building uses may be permitted under the provisions of this section:
[1] 
Mobile homes as defined in this chapter.
[2] 
One office building exclusively for conducting the business operations of the mobile home park.
[3] 
Utility buildings for laundry facilities and auxiliary storage space for mobile home tenants.
[4] 
Recreation areas, community buildings, playgrounds and open space for use by mobile home park tenants.
[5] 
Such additional accessory buildings and uses as are customarily incidental to mobile home park development, except that this shall not include the sale of mobile home units other than by their individual resident owners or the servicing of mobile home units except as is required for normal maintenance by the individual resident owner or his contractors.
[6] 
Signs pertaining exclusively to the mobile home park.
(d) 
General development standards. The design and development of mobile home parks shall be subject to all current provisions of the Mobile Home Commission General Rules as adopted by the Michigan Mobile Home Commission, or any successor agency, which are hereby incorporated by reference as a part of this chapter.
(e) 
Operating standards:
[1] 
The operation and business practices of mobile home parks shall be subject to all current provisions of the Mobile Home Commission General Rules as adopted by the Michigan Mobile Home Commission, or any successor agency, which are hereby incorporated by reference as a part of this chapter.
[2] 
No part of any mobile home park shall be used for nonresidential purposes, except such uses that are required for the direct servicing and well-being of park residents and for the management and maintenance of mobile home parks.
E. 
Family accessory apartment or housing.
(1) 
Intent. It is the intent of this section to provide standards that will allow extended family living in traditional single-family neighborhoods. Such provisions will permit the conversion of a single-family dwelling to include an accessory apartment as a means of accommodating an elderly parent or other family member. Also permitted will be the placement of detached, removable, self-contained residential units designed for installation on the same lot as the principal dwelling.
(2) 
Accessory apartment. In addition to the requirements of this section, the following provisions shall be met:
(a) 
Principal dwelling must be owner-occupied.
(b) 
Improvement must meet applicable codes.
(c) 
Additional parking provided per zoning code.
(d) 
If necessary, additional sanitary services provided.
(3) 
Family accessory housing. Detached, removable, self-contained units, in addition to meeting the requirements of this section, shall meet the following provisions.
(a) 
Only owner of principal dwelling may install accessory unit.
(b) 
Accessory unit shall be removed upon cessation of occupancy of extended family member.
(c) 
Accessory unit must meet front and side yard setbacks of the district in which it is located.
(d) 
Planning Commission may establish temporary rear yard setback for accessory unit.
(e) 
Accessory unit shall meet applicable codes for manufactured housing.
(f) 
Applicant for accessory unit shall document medical or hardship need.
(g) 
Bonding, or other economic guarantee satisfactory to the Township Board, shall be provided to assure the removal of the accessory unit upon cessation of use. Must be filed with the Township Clerk.
(h) 
Provisions of Article VIII (Site Plan Review) shall apply.
(4) 
Time limits.
(a) 
The Planning Commission shall establish a time limit, not to exceed five years, unless extended by the Township Board at the end of the initial term, on the utilization of the accessory unit.
(b) 
Notification to be provided to the Township Assessor and Clerk.
F. 
Private or public junkyard.
(1) 
Intent. It is the intent of this section that certain minimum standards of operation be established for junkyards as uses that, because of prior functional characteristics, have a high potential of impact on surrounding properties or the aesthetic quality of the community as a whole.
(2) 
Such uses shall be established and maintained in accordance with all applicable State of Michigan statutes and regulations.
(3) 
The minimum site area allowable for a junkyard shall be 10 acres.
(4) 
All junkyards shall be fenced around the entire periphery of the property in use with a solid screen of sound construction, painted, or otherwise finished neatly and inconspicuously.
(5) 
All storage activities shall be confined within the fenced areas.
(6) 
Fences shall be set back 100 feet from any public street.
(7) 
No burning shall be allowed so as to create a nuisance.
(8) 
Junk and other debris may not be stacked in any manner such that it could be visible outside the site from the base of the fence. Junkyards shall not be located in areas which are impossible to screen from view from adjacent properties or public streets.
(9) 
Those junkyard uses of land or structures which involve and are limited to the storage of used, inoperative motor vehicles, salvage and resale of used motor vehicle parts and the cartage of motor vehicles in wrecked or inoperable condition shall comply with the following minimum standards for site development:
(a) 
All such uses may only be granted a special use permit if all license and regulatory requirements of the Michigan Department of State, Bureau of Automobile Regulation (or successor), Michigan Department of Environmental Quality, and other state agencies having jurisdiction have been fully complied with.
(b) 
All activities involving motor vehicle storage, salvage of used motor vehicle parts, assembly of parts, cutting or welding activities and repair of motor vehicle components shall be confined within screened enclosed as required in the subsection immediately following.
(c) 
Outdoor motor vehicle storage and all permitted and related activities shall be screened by an opaque fence or wall, earthen berm covered with turf or other plantings, or by a dense evergreen planting. Such screening shall be designed so as to obstruct view of stored materials and salvage operations from public streets and occupied structures on adjoining lands. Such screenings shall be shown on the site plan submitted for approval in connections with the special use permit application.
(d) 
Screening required in connection with this section shall be set back a minimum of 100 feet from any public street.
(e) 
Every effort shall be made to prevent oil, gasoline, and hydraulic fluids from entering the soil.
(f) 
No burning shall be allowed so as to create a nuisance.
(g) 
Motor vehicles, motor vehicle components or other materials or equipment associated with this use shall be stacked or piled so as not to be visible from the base of the fence.
(h) 
Steps satisfactory to the District Health Department and the Township shall be taken to control rats and other rodents on the site.
(10) 
In addition to application fees for special use permit or site plan review that may apply, an initial license fee of $100 shall accompany an application for a license to the Township Clerk.
(11) 
A renewal license fee paid annually on the first day of April shall be paid by each applicant in the sum of $100 to the Township Clerk.
G. 
Sand, gravel, or mineral extraction operations.
(1) 
Procedural rules and regulations. Applications for a permit to mine shall be made on an form supplied by the Building and Zoning Department. The removal of sand, gravel or an earth change clearly incidental is exempt from this chapter.
(2) 
General site plan requirements. In addition to the necessary application, payment of fees and compliance with the site plan requirements of § 1-8.4, the petition shall be accompanied plans drawn to a scale of one inch equals 100 feet, and said plan shall also include the following information:
(a) 
Name and address of the owner(s) of the land from which removal will take place.
(b) 
Name, address and telephone number of person, firm or corporation who will be conducting the actual removal operation.
(c) 
Location, size and legal description of the total site area to be mined.
(d) 
The progressive phase unit extraction and reclamation plan for both the total project and each phase unit and shall include:
[1] 
The method and direction of extraction.
[2] 
Surface overburden stripping plans.
[3] 
The depth of grade level over the entire site from which the material will be removed.
[4] 
Provisions for grading, revegetation, and stabilization that will minimize soil erosion, sedimentation and public safety problems.
[5] 
Provisions for buffer areas, landscaping and screening.
[6] 
Description of location of each phase, number of acres included in each phase, estimated length of time to complete each phase, and the amount of time projected to complete the entire project.
(e) 
Drainage on and away from the mining area showing directional flow of water in drainage ways, natural watercourses and streams, intermittent and flowing, including discharge from the extraction operation.
(f) 
The proposed haul route that it is expected will be the predominate traffic pattern for vehicles to and from the site.
(g) 
The location and size of any processing equipment and/or structure.
(h) 
Estimated length of time to complete the entire operation.
(i) 
Area in acres from which excavation will take place in the first year of operation and successive years to completion.
(j) 
A detailed plan of operation for stripping topsoil and overburden, stockpiling, excavating and rehabilitating. Details shall include depths of cuts and fills and the type of fill, if any is proposed.
(k) 
Measures to be taken by the applicant to control noise, vibration, dust, and traffic.
(3) 
Reclamation during operation and following termination or abandonment.
(a) 
Progressive reclamation. All phase units shall be reclaimed progressively as they are worked out to the extent that they shall be reasonably natural and inconspicuous and shall be reasonably lacking any hazards. All slopes and banks shall be graded to angles which do not exceed three feet horizontal to one foot vertical.
(b) 
Sufficient topsoil shall be stockpiled on the premises and promptly redistributed on abandoned areas or where extraction operations have been substantially discontinued for any period in excess of one year. Such areas shall then be seeded with at least temporary protection the first year and by the second year, permanent seeding to stabilize the soil, lessen soil erosion potential and encourage proper growth. Seeds and fertilizer shall be applied according to recommendations by the Natural Resources Conservation Service and this chapter.
(4) 
Site development requirements.
(a) 
Setbacks in which no part of the mining operation may take place, excepting ingress or egress shall be as follows:
[1] 
Excavation shall not take place less than 50 feet from any adjacent property line.
Exception: The Planning Commission may authorize the complete removal of material to an adjacent property line in situations where two extraction operations share a common property line, provided written authorization is received from both property owners.
[2] 
Excavation shall not take place less than 50 feet from any county-designated primary road right-of-way.
[3] 
Excavation and stockpiling shall not take place closer than 50 feet from any county-designated secondary road right-of-way.
[4] 
No fixed machinery shall be erected or kept within 100 feet of any property or street right-of-way.
(b) 
Fencing.
[1] 
The Planning Commission shall, in establishing the requirements for fencing of the operation, take into account the scale of the operation, the population density in the surrounding areas, and the potential hazard to the health, safety and welfare of the citizens of Van Buren County. If fencing is deemed a requirement of the permit to mine, the Planning Commission shall specify the location of the required fencing.
[2] 
The owner shall install and maintain fencing around the perimeter of the site or around the cell which is being mined. The fence shall consist of four-foot woven wire farm fence with one strand of barbed wire on the top, or greater. The fence shall be securely attached to support posts not greater than 16 1/2 feet apart.
(c) 
Interior traveled surfaces. Interior access roads, parking lots, haul loading and unloading areas shall be watered or chemically treated so as to limit the nuisance caused by windblown dust.
(d) 
Ponded areas. Should the final result of the excavation result in the creation of a body of water, the perimeter of the excavation shall be graded to a slope not to exceed three feet horizontal to one foot vertical to the seasonal low-water level.
(5) 
Reclamation upon termination or abandonment.
(a) 
An operator shall remove all worthless debris and rubbish from the plant site and mining area within one year of the date of termination of operations or abandonment of the property.
(b) 
A mining area shall be reclaimed by an operator pursuant to these rules by the end of the permit period or within the time set forth in the operator's reclamation plan approved by the Planning Commission.
(c) 
Grading. All slopes and banks shall be graded to a minimum of a 3:1 slope and treated in the following manner to prevent soil erosion:
[1] 
Standards for seeding rates, fertilizer and mulching shall be adhered to if they are recommended by the Natural Resources Conservation Service or County Cooperative Extension Service and approved by the Planning Commission.
[2] 
The owner/operators are required to contact the Natural Resources Conservation Service or County Cooperative Extension Service for assistance in land reclamation.
(d) 
Upon written request of an operator, the Planning Commission may grant an extension of the reclamation period if such an extension is warranted and believed necessary to obtain an acceptable reclamation result.
(e) 
Equipment removal. Upon cessation of mining operations, the operating company, within a reasonable period of time, not to exceed 12 months thereafter, shall remove all structures, building, stockpiles and equipment.
(6) 
Notice of abandonment; evidence of continuing use:
(a) 
An operator shall submit written notice to the Planning Commission within six months of abandonment of the extraction area or any portion thereof.
(b) 
When activities on or use of the mining area, or any portion thereof, have ceased for more than one year, or when, by examination of the premises by other means, the Planning Commission determines that the mining area or any portion thereof has in fact been abandoned by an operation, the Planning Commission shall give the operator written notice of its intention to declare the mining area or portion thereof abandoned.
(c) 
Within 30 days following receipt of the notice, the operator shall have an opportunity to submit evidence that the use of the mining area or portion thereof is continuing. If the Planning commission finds the evidence satisfactory, it shall not make the declaration.
(7) 
Financial guarantees.
(a) 
Before issuance of a permit, there shall be filed by the applicant a surety bond, executed by a reputable surety company authorized to do business in the State of Michigan, or an irrevocable bank letter of credit or cash bond running to the Lawrence Township Board, conditioned upon the prompt compliance with all provisions of this section and the requirements of the county and state.
(b) 
The Planning Commission shall, in establishing the amount and type of financial guarantee, consider the scale of the operations, the prevailing cost to rehabilitate the property upon default of the operator, court costs and other reasonable expenses likely to be incurred by the Township, where the surface mine is located.
(c) 
In determining the area for which the guarantee must be supplied, the Planning Commission may consider the following:
[1] 
Any area stripped of topsoil or overburden.
[2] 
Any area from which material is extracted.
[3] 
Any area utilized for stockpiling, extracted material, overburden and topsoil.
[4] 
Any area which from a past year of operations has not been fully rehabilitated on the annual anniversary of the issuance of the special use permit.
[5] 
Any other land determined by the Planning Commission as integral to the operation, which is directly deemed by it to warrant protection under financial guarantee.
[6] 
Future use of property mined.
(d) 
The amount of the bond may be reduced at a rate equal to the ratio of work completed on the required improvements as work progresses. The term "improvements" should not be construed to mean the project itself, but rather those features associated with the project which are deemed necessary to protect the health, safety and welfare of Lawrence Township's or Van Buren County's resources and future users or inhabitants of the proposed project.
(8) 
Hours of operation.
(a) 
The owner(s) and/or operators shall conduct said extraction operation, and use equipment located thereon, only between the following designated hours:
[1] 
Hours of operation for all phases of the operation which include, but are not limited to: excavation, hauling, processing, to between 5:00 a.m. to 10:00 p.m., Monday through Saturday, with no Sunday or holiday operations. The holidays shall include the following:
[a] 
Memorial Day.
[b] 
Labor Day.
[c] 
New Year's Day.
[d] 
Thanksgiving Day.
[e] 
July 4th.
[f] 
Christmas.
(b) 
Additional emergency hours may be allowed by prior approval by the Planning Commission when it is shown that extenuating circumstances exist.
(9) 
Additional site development requirements. No machinery shall be erected or maintained within 100 feet of any property or road right-of-way line. Secondly, no processing equipment or machinery shall be maintained or stored outside the limits of the mining activity area as delineated by the site plan.
(10) 
Prohibited uses. The storage or accumulation of abandoned machinery, vehicles, or other equipment, tires, trash or junk shall not be permissible in any mining operation.
The dumping or depositing by other means of human waste or garbage shall not be permissible in any mining operation.
(11) 
Haul routes.
(a) 
Interior haul routes.
[1] 
Interior haul roads shall be as indicated on the general site plan.
[2] 
Interior haul roads, parking lots, and loading areas shall be watered or chemically treated so as to limit the nuisance of windblown dust.
(b) 
Exterior haul roads. Before the issuance of a permit to mine, the applicant shall provide the Planning Commission an agreement between the applicant and the Van Buren County Road Commission concerning road maintenance.
(12) 
Conditions and safeguards. The Planning Commission may impose such additional conditions and safeguards deemed necessary for the public health, safety or general welfare, for the protection of individual property rights, and for ensuring the intent and purpose of this chapter. The breach of any condition, safeguard or requirement shall automatically invalidate the permit granted.
(13) 
Issuance of a permit to mine. Permits for surface mining shall be issued to the operator. When an operator disposes of his interest in an extraction area prior to final reclamation by sale, lease, assignment, termination of lease, or otherwise, the Planning Commission may release the operator from the duties imposed upon him by this chapter as to the operations, but only if the successor, operator or owner assumes the obligations of the former operator with reference to the reclamation activities. At that time, the permit to mine may be transferred.
(14) 
Permit expiration. If approval for a permit to mine is granted by the Planning Commission, it shall be for a specific period of time not to exceed five years. Those permits granted for a period exceeding one year shall be inspected a minimum of once a year by the Zoning Administrator to ensure compliance with the permit and this chapter.
(15) 
Violations. Violation notices shall be issued in the same manner as for notices of abandonment described in Subsection G(6).
(16) 
Modification of the general site plan.
(a) 
The general site plan may be modified at any time by mutual consent of the operator and the Planning Commission to adjust to changed conditions, technology or to correct an oversight.
(b) 
Planning Commission, which may allow the modification of the general site plan when:
[1] 
Modification of the plan is necessary so that it will conform with the existing laws.
[2] 
It is found that the previously approved plan is clearly impossible or clearly impractical to implement and maintain.
[3] 
The approved plan is obviously not accomplishing the intent of this chapter.
(17) 
Existing nonconforming operations.
(a) 
Any existing nonconforming sand, gravel or mineral extraction operation that lawfully existed at the effective date of this amendment may continue operations within the boundaries of the excavated areas, haul routes, loading or processing zones that exist on that date. Any expansion outside of the boundary of these combined areas as they exist on the effective date of this amendment will require submission of an application for special use permit and site plan under the provisions of Article VII and Article VIII of this chapter.
(b) 
In order to determine the boundaries of the excavated areas, haul routes, or loading or processing zones, the Planning Commission may consider any area stripped of topsoil or overburden, any area from which material is being extracted, any area utilized for stockpiling, extracted material, overburden and topsoil, or any area other than land determined by the Planning Commission as integral to the operation.
H. 
Campgrounds. Campgrounds for limited period camping, and including commercial recreation areas incident thereto, services buildings, picnic areas, on-site automobile parking and incidental retail sales to those engaged in recreation activities upon the premises, provided adequate acreage and natural or artificial screening is provided to isolate the site from adjoining residential zones and subject to the following conditions and limitations:
(1) 
Campgrounds and associated recreation areas must have frontage on a public road.
(2) 
Campgrounds and associated recreation areas incident thereto must contain at least five acres of camping and recreation area.
(3) 
Areas designed for travel trailers, camp trailers, and/or tent trailers must meet the applicable State of Michigan licensing requirements and such rules and regulations as may be promulgated by the State Health Commission and the State Council of Health.
(4) 
Any sale of foodstuff or merchandise shall be clearly incidental to the needs of the occupants and users of the campgrounds and associated areas while therein and shall consist of packaged merchandise only.
I. 
Wineries, cideries and microbreweries.
[Added 7-13-2017]
(1) 
Intent. Wineries, cideries and microbreweries are welcomed by Lawrence Township as appropriate farm activities. It is the Township's intent to promote local agricultural production by allowing construction of a tasting room and retail sale of associated products in the agricultural district, subject to a special use permit. It is also the Township's intent to encourage the growing of crops and production as an integral component of the rural and agricultural ambience of Lawrence Township, and to maintain the viability of farming through value-added processing and direct sales of beverages made from locally grown crops.
(2) 
General requirements, restrictions, and standards. Wineries, cideries and microbreweries are permitted by special use permit in the Township, provided:
(a) 
The winery, cidery, or microbrewery shall obtain and maintain all necessary licenses, permits, and permissions to operate under federal, state, and local law and regulations.
(b) 
Production limitations:
[1] 
Wineries may produce up to 50,000 U.S. liquid gallons of wine, brandy, or a combination of both, during one calendar year, in total;
[2] 
Cideries may produce up to 50,000 U.S. liquid gallons of cider, whether fermented or unfermented, brandy, or a combination of both, during one calendar year, in total;
[3] 
Microbreweries may produce up to 30,000 barrels (one barrel equaling 31 U.S. liquid gallons) of an alcoholic beverage created by fermentation of an infusion or decoction of barley, malt, hops, or other cereal grains in potable water.
(c) 
Facility dimensional limitations:
[1] 
The parcel area on which the facility is permitted shall be at least 10 acres; the minimum parcel width shall be at least 200 feet;
[2] 
The total land area covered by the buildings and structures used for processing, storage, and sales shall not exceed 2% of the contiguous lot area;
[3] 
The aboveground portion of any individual building shall not be greater than 15,000 square feet; and
[4] 
All new buildings shall meet the same setback requirements for the zoning district the parcel is located in. If a building is open to the public, that building shall be set back at least the required setback distance from the respective lot line for the zoning district the parcel is located in. Any legal nonconforming building may have any setback distance reduced subject to Planning Commission approval to encourage the use of existing buildings.
(d) 
Operations open to the public:
[1] 
Consumption of alcoholic beverages at the facility by the public shall be limited to tasting-room quantities. No member of the public may imbibe more than four twelve-ounce beers at 5% alcohol by volume, four five-ounce glasses of wine at 12% alcohol by volume, or four one-point-five-ounce servings of distilled spirits at 40% alcohol by volume, or an equivalent amount of alcohol (such as eight twelve-ounce beers at 2.5% alcohol by volume) in any given day at the facility. In order to facilitate tasting, the facility may offer tasting-room-size cups or glasses to facilitate tasting. However, the limits on the amount of alcohol permitted to be consumed on any day by each member of the public is as stated above.
[2] 
Tours, tasting rooms, and areas may only be open to the public between the hours of 10:00 a.m. and 7:00 p.m. The public may only be offered alcohol products on site during those times.
(e) 
Adjunct food services may be provided. In conjunction with the above tasting room, adjunct food services may be provided. However, the following applies:
[1] 
No grill, stove, oven, fryer, smoker, or similar cooking equipment may be used at the facility for the preparation of food offered to the public at the facility;
[2] 
Only toasters, toaster ovens less than 20 inches by 20 inches by 20 inches or smaller, refrigerators, and microwaves are permitted;
[3] 
Food may be prepared off site; and
[4] 
The facility may not otherwise operate as a restaurant.
(f) 
Retail sales.
[1] 
Retail sales of merchandise, beverages, and advertising associated with the products produced at the facility are permitted. Only beverages produced at the facility or merchandise or advertising materials depicting products made at the facility may be sold at the facility.
[2] 
All retail sales shall be clearly subordinate to the production of the beverage produced.
[3] 
The retail sales shall be no more than 25% of the floor area devoted to the winery/brewery/cidery, but in no case shall it occupy more than 2,000 square feet of floor area.
(g) 
Additional limitations.
[1] 
Any special use permit granted pursuant to this section will terminate if the facility ceases to operate as a cidery, winery, or microbrewery for a period of nine months.
[2] 
No alcoholic beverage or alcoholic products other than those produced by the winery, microbrewery, or cidery be provided or sold on the premises. All alcoholic products must be for human consumption.
[3] 
It is a condition of any special use permit issued that the facility and owner shall comply with all federal, state, and local law or regulation regarding the sale, distribution, storage, and manufacturing of alcoholic spirits.
[4] 
The facility is subject to inspection to determine compliance with this chapter and other federal, state, and local laws and regulations.
[5] 
Parking spaces shall be provided in accordance with the requirements of § 1-10.1G.
J. 
Commercial medical marihuana facilities.
[Added 12-12-2019]
(1) 
A commercial medical marihuana facility may be authorized to operate within the Township by the holder of a state operating license, pursuant to P.A. 281 of 2016,[2] as may be amended, the rules promulgated thereunder, and all applicable local ordinances.
[2]
Editor's Note: See MCLA § 333.27101 et seq., the Medical Marihuana Facilities Licensing Act.
(2) 
No commercial medical marihuana facility shall be located within 1,000 feet of any school or public park/playground, with the minimum distance between uses measured between the facility and the nearest property line of the school or public park/playground.
(3) 
Outdoor trash containers or dumpsters may be required in order to control the disposal of waste or by-products from any facility operation. When required, an outdoor trash container or dumpster shall be subject to the following:
(a) 
The placement of the container shall be subject to site plan review.
(b) 
Adequate vehicular access shall be provided to the container which does not conflict with the use of the parking areas or access drives.
(c) 
All containers shall rest on a concrete pad.
(d) 
A solid, ornamental screening wall or fence shall be provided around all sides of the container and shall included an access gate. The screening wall or fence and gate shall be of sufficient height to completely screen the container.
(e) 
The container, screening wall or fence, and gate shall be maintained in a neat and orderly manner, free from debris.
(4) 
A commercial medical marihuana facility shall be reviewed in consideration of the following:
(a) 
Lighting. The placement and arrangement of outdoor lighting serving the facility shall provide adequate security and comply with the outdoor lighting standards set forth in § 1-9.6.
(b) 
Noise. Noise and vibration shall be minimized in their effect upon the surrounding area by the utilization of modern equipment designed to accomplish such minimization and the use of walls and vegetative buffers/screens.
(c) 
Odor. Odor shall be minimized in its effect upon the surrounding area by the utilization of a modern odor-control system designed to accomplish such minimization and operational procedures.
(d) 
Environmental. Information on the storage and use of products, water and energy consumption, and waste disposal associated with a facility will be required to allow for an assessment of potential impacts on the site and surrounding area and the applicability of state and local regulations.
(e) 
Traffic. A facility shall be located in consideration of the ingress/egress, loading and travel patterns of the traffic associated with the operation of the facility, with specific attention toward avoiding the creation of traffic through a predominantly residential area.
(f) 
Security. Security measures, such as fencing, access controls, and video surveillance, will be considered in determining the ability of the facility to adequately provide for public safety.
(g) 
Impact on neighboring property. Barriers and/or buffers, facility separations, and/or operational requirements may be applied to minimize identified injurious or annoying impacts on surrounding properties.