Ethan Frome

CHAPTER 14

Special Use Permit Requirements

SECTION 1401. INTENT, PURPOSE AND PROCESS OF A SPECIAL USE PERMIT.

(1) INTENT. In contrast to the clear cut and objective process desired for most zoning decisions, the Special Use Permit process is intended to be at least partly subjective. It relies upon the judgment of the Planning Commissioners, the sincerity of the applicant, and the opinions or feelings of people who live or own property near the site of a proposed Special Use. The Special Uses that are designated for a particular Zoning District are generally complementary to the uses permitted by right. However, because of their unique characteristics or more intensive natures, these uses require special consideration of the welfare of adjacent properties and the community as a whole. A Special Use shall be approved if the request is in compliance with the standards and conditions stated in this ordinance, other applicable ordinances, and state and federal statutes.

Historical Notes: Subsection (1) amended by Ord 08-01, eff Feb 25, 2008.

The 2008 amendment changed Subsection (1) as follows: Last sentence was added by this amendment.

(2) PURPOSE. This Chapter provides procedures and standards for regulating activities identified as uses by Special Use Permit for each Zoning District. Special Uses represent a middle range between uses that are clearly permitted and uses that are clearly denied in any Zoning District. The purpose of designating special uses is to allow practical latitude for a property owner or developer to use a parcel of land while maintaining protection of the health, safety, comfort, convenience and general welfare of neighbors and the community at large.

(3) PROCESS. Regulation of Special Uses includes two separate steps. First is the review of the Site Plan for the proposed use. Second is the decision of whether a Special Use Permit will be granted.

(a) STANDARDS. During the Special Use Permit process, various considerations will be explored before approval of the Site Plan or the Special Use Permit. Some of these are defined in this Chapter as additional site plan review standards for various Special Uses. These standards are intended to reduce the impact of a Special Use on surrounding properties. They are minimum requirements that must always be met.

(b) CONDITIONS. The Planning Commission may attach additional conditions to the approval of the Site Plan or the Special Use Permit. These conditions must be based on requirements or concerns defined by this Ordinance. Section 505(4) and (5) of the Zoning Enabling Act must be reviewed prior to imposing any conditions.

Historical Notes: Subsection (b) amended by adding the last sentence. Ord 08-01, eff Feb 25, 2008.

(c) PRECAUTION. No person should think that compliance with the standards defined by this Chapter automatically grants them the right to establish a Special Use in a given Zoning District. Rather, the privilege of establishing a Special Use is granted or denied by the Planning Commission following the process outlined in this Chapter. This process includes notification of nearby residents and property owners who may voice their opinions at a public hearing before a decision is made to grant a Special Use Permit. Since Special Uses generally impose physical, visual or psychological impacts on neighboring parcels, the input of neighboring residents or property owners is a legitimate factor for the Planning Commission to consider when deciding whether to allow such uses.

(d) PERMANENCE. Note that once a Special Use Permit has been granted, it may only be revoked if the conditions mentioned above, or other requirements of this Ordinance, have been violated. Otherwise, the Special Use Permit "runs with the land" and is one of the rights that transfers when the parcel is rented or sold. Therefore, this Ordinance does not provide for placement of any time limit on a Special Use Permit, except that the Special Use Permit may expire in accordance with Section 1402(5), or be revoked in accordance with Section 1402(6) and (7)(c).

Historical Notes: Subsection (3)(d) amended by Ordinance 04-05, Oct 7, 2004.

Prior to 2004 amendment, the last sentence in subsection (3)(d) read “Therefore, this Ordinance does not provide for placement of any time limit on a Special Use Permit, except that the Special Use Permit may expire or be revoked”.

(e) PREAPPLICATION CONFERENCE FOR PLANNED UNIT DEVELOPMENT. The

Planning Commission may conduct preapplication conferences before submission of a

planned unit development request and the submission of preliminary site plans before

the public hearing.

Historical Notes: Subsection (e) added by Ord 08-01, eff Feb 25, 2008.

SECTION 1402. HOW A SPECIAL USE PERMIT IS REVIEWED.

(1) SUBMISSION OF APPLICATION. The application package is to be submitted to the Tobacco Township Planning Commission.

Historical Note: Subsection (1) amended by Ord 08-01, eff Feb 25, 2008.

Prior to 2008 amendment Subsection (1) read: “The application package is to be submitted to the Tobacco Township Zoning Administrator.”

(a) CONTENTS. The application package consists of a Special Use Permit Application form completed in full by the applicant, accompanied by a fee as established by the Township Board and a site plan.

(b) APPLICATION DEADLINE. The complete application package must be submitted to the Zoning Administrator at least twenty (20) days before the Planning Commission meeting at which it will be considered.

(2) SIMULTANEOUS CONSIDERATION OF REZONING AND SPECIAL USE PERMIT. In the event that allowance of a desired use requires both a rezoning (change in Zoning District designation for the parcel) and a Special Use Permit, both requests may be submitted jointly and considered at a single meeting of the Planning Commission, subject to the following requirements.

(a) SEPARATE. The rezoning shall be considered separately from the Special Use Permit.

(b) PROCEDURES. The Ordinance procedures for each decision shall be followed as specified. Any Special Use Permit approval must be conditioned upon adoption of the rezoning by the Township Board.

(d) PUBLIC HEARINGS. The public shall be given the opportunity for input on both the rezoning and Special Use decisions. Thus, two (2) separate public hearings shall be held at the same meeting.

(3) PLANNING COMMISSION REVIEW AND HEARING. The Special Use Permit application package shall be the subject of both a Site Plan Review and a public hearing conducted by the Planning Commission. If the applicant wishes to have the Site Plan Review and Special Use Permit considered at a single Planning Commission meeting, the following process occurs:

(a) PUBLIC HEARING ON SPECIAL USE. The Planning Commission shall hold a public hearing on the application as part of the meeting in which the Special Use Permit is considered in accordance with Section 1506.

1. Repealed by Ordinance 08-01.

2 DELAY AT APPLICANT'S REQUEST. If a site plan for a Special Use has been denied, the applicant may ask that the Special Use Permit, including the public hearing, be postponed. However, postponing the hearing prior to the hearing taking place requires an additional notification of neighboring property owners and newspaper publication of another notice. Therefore, the applicant will be required to pay an additional application fee to offset the Commission's added cost.

Historical Notes: Subsection (a) amended, and subsection (a)1. repealed by Ord 08-01, eff Feb 25, 2008.

Prior to the 2008 amendment, subsections (a) and (a)1 read: “PUBLIC HEARING ON SPECIAL USE. The Planning Commission shall hold a public hearing on the application as part of the meeting in which the Special Use Permit is considered.

1. NOTICE. A notice of public hearing shall be mailed to all parties specified in Chapter 15 and published in a newspaper of general circulation in the Township not less than five (5) nor more than fifteen (15) days before the date of such hearing. “

(b) CONSIDERATION OF SPECIAL USE PERMIT. Following the close of the public hearing, consideration of the Special Use permit shall take place.

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

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

3. FINDINGS AND CONCLUSIONS. A written statement of findings and conclusions relative to the Special Use Permit, which specifies the basis for the decision and any conditions imposed shall be issued by the planning commission when publishing its decision. A copy will be placed in the planning commission file and a copy will be attached to each copy of the Land Use Permit.

Historical Notes: Subsection 3 added by Ordinance 09-01, eff Dec 23, 2009.

(c) SITE PLAN REVIEW. The Planning Commission shall conduct a Site Plan Review for the proposed use, using the procedure and standards presented in Chapter 15 and any specific standards identified for the Special Use by this Chapter. The Planning Commission may approve the site plan as presented, approve it with conditions, deny it, or table approval of it to a specific meeting date.

1. PUBLIC INPUT. The Site Plan Review may be completed before public input is heard on the question of granting the Special Use Permit. This is because the Site Plan Review process is intended to be an objective review of factual information to determine whether precise standards have been met. However, the Planning Commission may choose to accept public comments or questions relating only to design considerations of the site plan.

2. IF THE SITE PLAN IS DENIED. In the event the site plan is denied, consideration of the Special Use Permit shall still occur, including the public hearing. The Special Use Permit may still be approved with the condition that site plan approval must be obtained before the Special Use Permit is valid.

(4) REAPPLICATION. An application for a Special Use Permit that has been denied, may not be resubmitted until one (1) year after the date of denial has passed.

(5) TERMS OF PERMIT. A Special Use Permit consists of a Permit that specifies the Special Use, which is to be allowed and any conditions which were attached by the Planning Commission. If a use established under a Special Use Permit is discontinued for a period of one (1) year, the Special Use Permit shall expire. To reestablish the use after such expiration will require granting a new Special Use Permit, starting with a new application.

(6) REVOCATION. The privilege of a Special Use Permit is subject to all the conditions that

have been attached to it during the process described above. Except as noted in item (5), the permit remains valid as long as all of those conditions are met. However, the Township, via the

Planning Commission, shall revoke any Special Use Permit after it has been proven that the permit conditions have been violated.

(a) FIRST NOTICE. The Zoning Administrator shall send written notice of a violation to the holder of the Permit by certified mail. The notice shall state that correction must be made within thirty (30) days or the Planning Commission will revoke the Special Use Permit and order the use to cease.

(b) CONSIDERED NONCONFORMING. From the time the Zoning Administrator's notice of violation is issued, until compliance with all Special Use Permit conditions is restored, the use in question shall be treated as an illegal Nonconforming Use.

(c) PLANNING COMMISSION ACTION. The Zoning Administrator shall notify the Planning Commission of the violation of conditions of the Special Use Permit at the next regular Planning Commission meeting, and revocation of the Special Use Permit shall be considered then. The Planning Commission's meeting will usually take place before the thirty (30) day period for the first notice has expired. In that case, the resolution to revoke the Special Use Permit should be worded so that it takes effect only if compliance with all requirements is not restored. It shall also include authorization for the Zoning Administrator to order the permit holder to cease the permitted use if the violations are not corrected by the end of the first notice period.

(d) SECOND NOTICE AND ORDER. After expiration of the thirty (30) day period, the Zoning Administrator shall notify the permit holder by certified mail that the Special Use Permit has been revoked, and the use for which the permit was granted must cease within sixty (60) days from the date of this second notice.

(e) ENFORCEMENT OF ORDER. Failure to comply with the order to cease an activity for which a Special Use Permit has been revoked is a violation of this Ordinance, subject to all penalties thereof.

(7) STANDARDS TO CONSIDER WHEN REVIEWING A SPECIAL USE PERMIT.

(a) STANDARDS ATTACHED TO SITE PLAN REVIEW. Before approving or denying a Special Use Permit Application, the Planning Commission reviews the site plan for said use, to establish that all applicable standards are satisfied. The Site Plan review shall determine compliance with the applicable District Regulations, the Site Plan Review Standards from Chapter 15 and any applicable standards from this Chapter.

(b) ADDITIONAL CONDITIONS. The Planning Commission may stipulate any additional conditions or safeguards deemed necessary to achieve the objectives of this Ordinance. These may be defined during the Site Plan Review process or during consideration of whether to grant the Special Use Permit. All conditions attached to the approval of the site plan are also conditions of the Special Use Permit. These conditions, and the reasoning behind them, must be documented in the Planning Commission's minutes, written on the site plan itself and communicated to the applicant in writing. The permit will not take affect until the conditions of approval are accepted by the applicant, signified by the signatures on the site plan itself, of both the applicant and the Planning Commission chairman.

(c) ENFORCEMENT OF CONDITIONS. The breach of any condition shall be cause for the Planning Commission to revoke a Special Use Permit.

Historical Notes: Subsection (7) was amended to renumber the second subsection (6) to subsection (7) by Ordinance

04-05, eff Oct 7, 2004.

THE FOLLOWING SECTIONS CONTAIN TYPES OF SPECIAL USES LISTED IN ALPHABETICAL ORDER:

SECTION 1403. ADULTS‑ONLY BUSINESS.

(1) INTENT. 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 harmful effects upon the adjacent areas. Special regulation of these uses is necessary to insure that these adverse affects will not contribute to blighting or downgrade the surrounding neighborhood. These special regulations are itemized in this Section. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area or next to residential zones or certain institutional uses.

(2) DISTANCE RESTRICTIONS.

(a) The following listed uses shall not be permitted to be established within one thousand five hundred (1,500') feet of each other:

1. Adult Related Businesses

2. Adult Book Stores

3. Adult Motion Picture Theaters

4. Adult Mini Motion Picture Theaters

5. Massage Parlors

6. Public Baths

(b) It shall be unlawful to hereafter establish an adult related business within two thousand (2,000’) feet of any residentially zoned property or within two thousand (2,000’) feet of any religious or educational institution, public park or recreational land use.

(3) SIGNS AND EXTERIOR DISPLAY. Window displays, signs, decorative or structural elements of buildings shall not include or convey specific examples of actual adult uses, and are limited to the sign provisions of this Ordinance.

No Adult Use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to "specific sexual activities" or "specified anatomical areas" (as defined in this Ordinance) from any public way or from any property not registered as an Adult Use. This provision shall apply to any display, decoration, sign, show window, structural elements or other opening.

(4) PRECAUTIONARY NOTE TO THE ZONING BOARD OF APPEALS. When considering any appeal from an Adults‑Only Business for reduction of spacing or separation standards established herein, the Zoning Board of Appeals shall address each of the following issues and include the findings regarding each point in their minutes.

(a) ORDINANCE INTENT. The proposed Use shall not be contrary to the intent and purpose of this Ordinance, or injurious to nearby properties.

(b) BLIGHTING INFLUENCE. The proposed Use shall not enlarge or encourage the development of a concentration of such Uses or blighting influences.

(c) NEIGHBORHOOD CONSERVATION. The proposed Use shall not be contrary to any program of neighborhood conservation, revitalization or urban renewal.

(d) OTHER STANDARDS. The proposed Use, and its Principal Building, shall comply with all other regulations and standards of this Ordinance.

SECTION 1404. BED AND BREAKFASTS.

(1) AUTHORIZATION. Due to the growing popularity of bed and breakfast establishments in single-family dwellings, it is of the utmost importance that any potentially adverse impacts resulting from such developments be property addressed. It is the intent of the Township to permit the development of such operations when developed in a way, which emphasizes the protection from detrimental change in the single-family character of any site proposed for a bed and breakfast operation.

(2) USES THAT MAY BE PERMITTED. Bed and breakfast establishments where provided and as permitted under the appropriate zoning district.

(3) DEVELOPMENT REQUIREMENTS. The following requirements for site development, together with any other applicable requirements of this Ordinance, shall be complied with:

(a) The residence is the principal single-family detached dwelling unit on the property and is owner‑occupied at all times.

(b) The rooms utilized for the sleeping area in the primary residence may not be specifically constructed or significantly remodeled or altered for rental purposes.

(d) Breakfast is the only meal that may be served to overnight bed and breakfast guests, and this meal shall comply with restrictions of the State and County Health Departments for nonresidential uses. There shall be no separate cooking facilities for use by the bed and breakfast guests.

(e) One sign identifying the bed and breakfast operations not to exceed four (4) square feet in area shall be permitted.

(f) No premises shall be utilized for a bed and breakfast operation unless there are at least two (2) marked and signed exits to the outdoors from such premises.

SECTION 1405. HIGH INTENSITY USES AND WASTE TREATMENT OR DISPOSAL.

Standards in this section shall apply to all of the following uses in Zoning Districts where they are identified as Special Uses in the District Regulations for each zone. These uses are: Petroleum or inflammable liquids production, refining, storage, Junk Yard, Type II or Type III Landfill, Incinerator, and Sewage Treatment and Disposal Facility.

(1) GENERAL. All uses shall be established and maintained in accordance with all applicable State of Michigan statutes. If any of the requirements of this subsection are less than those in applicable state statutes, the state requirements shall prevail. All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property and individual, or to the community in general.

(2) TREE BUFFERS FOR LANDFILLS AND JUNKYARDS. Buffers of tree cover shall be provided on the periphery of the property. The buffer shall be no less than fifty (50) feet in width, and may be natural vegetation or planted evergreens if the existing cover is destroyed.

(3) NO HAZARDOUS OR TOXIC WASTE. No hazardous or toxic wastes, as defined by the Department of Environmental Quality, may be deposited or stored by any use in this group.

(4) TRUCK ACCESS. Routes for truck movement to and from the site shall be identified by the Gladwin County Road Commission. Wear on public roads, traffic hazards, and encroachment of noise, dust, and other nuisances upon adjacent uses must be considered.

(5) ACTIVITY RESTRICTIONS. No open burning shall be permitted and all industrial processes involving the use of equipment for cutting, compressing (other than landfill compaction operations), or packaging shall be conducted within a completely enclosed building.

(6) FENCE REQUIREMENTS.

(a) AROUND LANDFILL OR INCINERATOR. SEWAGE TREATMENT AND DISPOSAL FACILITIES. Berms and fences shall be constructed around such facilities, as required by the Regulations promulgated by solid waste laws of the State of Michigan. The berms and fences shall be placed on the interior of the vegetated buffers mentioned above and shall not decrease their width. Fences shall have a gate entrance, which can be locked during hours when no operation is taking place.

(b) AROUND JUNK YARD OR RESOURCE RECOVERY. A solid fence or wall at least eight (8) feet in height shall be provided around the active area of a junkyard or resource recovery operation to screen said activity from surrounding property. Such fence or wall shall be of sound construction, painted, or otherwise finished neatly and inconspicuously. All activities shall be confined within the fenced-in area. There shall be no stacking of material above the height of the fence or wall, except that moveable equipment used on the site may exceed the wall or fence height. No equipment, material, signs, or lighting shall be used or stored outside the fenced-in area. Aesthetic and structural qualities of fencing shall be regulated by the Planning Commission at the time of site plan review.

(7) RESTORATION OF LANDFILL SITES. Grading or reseeding upon completion of operations in a portion of a landfill site is required. Each used portion of the site must be restored with topsoil, graded and re-vegetated to promote proper drainage. The restoration shall eliminate all hazards and be blended to the general surrounding ground form.

SECTION 1406. INDUSTRIAL PARK.

(1) PERMITTED USES IN INDUSTRIAL PARK. Uses primarily engaged in research and light manufacturing activities.

(a) Uses are allowed that do not have or create external noise, light, or effluents. Uses that meet these requirements are at the determination of the Planning Commission.

(b) Distribution and Warehousing Plants

(d) Cafeteria, cafe, restaurant or auditorium accessory with and incidental to any of the foregoing uses.

(e) Agricultural uses, pending development.

(2) DEVELOPMENT STANDARDS.

(a) SETBACKS. No building shall be located on any one or more lots nearer to the front lot line or nearer to the side lot line than the minimum setback set forth below:

(b) Front Yard Setback. Twenty (20') feet, except that unsupported roofs or sun screens may project six (6') feet into the setback area.

(c) Side Yard Setback. Ten (10’) feet, provided that a single building is constructed on two or more lots. No fences shall be constructed within the required side yard.

(d) Rear Yard Setback. The rear yard shall be thirty (30') feet.

(3) SITE COVERAGE. Maximum building coverage of fifty (50%) percent of a Site is allowed. Parking structures shall not be calculated as a building area; however, said structures shall be used only for the parking of company vehicles, employee's vehicles, or vehicles belonging to persons visiting the subject firm.

(4) BUILDING HEIGHT. The maximum building height shall be thirty-five (35') feet.

(5) BUILDINGS PER LOT. If there is more than one (1) building on a lot, it must be approved by the Gladwin County Building Department.

(6) BUILDING CONSTRUCTION AND MATERIALS. All buildings shall create a credible and acceptable appearance on all four sides. Buildings, including buildings associated with the principle structure, shall be constructed of a material other than unfinished galvanized steel or sheet aluminum for exterior walls. All appurtenant equipment, including roof- mounted units, shall be screened from view from any public street. At least thirty‑five (35%) percent of the wall area on the front of the building shall be of face brick, stone, exposed aggregate or of other architectural masonry of equal standard.

The owner shall take appropriate measures to minimize dust, storm water runoff, and construction debris during construction and shall be prohibited from allowing construction activities from injuring other properties.

(7) SIGNS. No sign shall be erected or maintained in the Park except in conformity with the following:

(a) Signs visible from the exterior of any building may be lighted, but no signs or any other contrivance shall be devised or constructed as to rotate, gyrate, blink or move in any animated fashion.

(b) Signs shall be restricted to advertising only the person, firm, company or corporation operating the use conducted on the site or the products produced or sold thereon.

(d) Only one (1) single faced or double-faced sign shall be permitted per street frontage. No sign or combination of signs shall exceed one (1) square foot in area for each six hundred (600) square feet of total site area. However, no sign shall exceed two hundred (200) square feet in area per face. An additional twenty (20) square feet shall be allowed for each additional business conducted on the site.

(e) A sign advertising the sale, lease, or hire of the site shall be permitted in addition to the other signs listed in this section. Said sign shall not exceed maximum area of thirty‑two (32) square feet.

(f) No ground signs shall exceed four (4') feet above grade in vertical height. Also, ground signs in excess of one hundred (100) square feet in area (single face) shall not be erected in the first twenty (20') feet, as measured from the property line, of any street side set back area. However, the above standards shall not apply to the Community Directional Sign, Special Purpose Sign, Construction Sign.

(g) Wall Signs shall be fixture signs; Signs painted directly on the surface of the wall shall not be permitted.

(8) PARKING. Each owner of a parcel shall provide adequate off‑street parking to accommodate all parking needs for the parcel. Required off‑street parking shall be provided on the parcel of the use served, or on a contiguous parcel or within eight hundred (800') feet of the subject parcel. Where parking is provided on other than the parcel concerned, a recorded document shall be filed with the Township and signed by the owners of the alternate parcel stipulating to the permanent reservation of the use of the parcel for said parking.

Exceptions to these guidelines shall be made where an approved Ridesharing program to service the Industrial Park is implemented.

The following guide shall be used to determine parking requirements: Office, Manufacture, Research and Assembly: One (1) space for each full time employee (per shift) and one space per two thousand (2,000) square feet of total office space (excluding such areas as pedestrian corridors, restrooms, elevator shafts, equipment areas). Warehouse: One (1) parking spaces for each full time employee (per shift).

(9) LANDSCAPING. The front yard setback area of each site shall be landscaped with an effective combination of trees, ground cover and shrubbery. All unpaved areas not utilized for parking shall be landscaped in a similar manner. The entire area between the right‑of‑way and a point ten (10') feet in back of the front property line shall be landscaped, except for any access driveway in said area.

(a) Side and rear yard setback areas not used for parking or storage shall be landscaped utilizing ground cover and/or shrub and tree materials.

(b) Undeveloped areas proposed for future expansion shall be maintained in a weed‑free condition.

(10) LOADING AREAS. Street side loading shall be allowed provided the loading dock is set back a minimum of ninety (90') feet from the street right‑of‑way line, or one hundred thirty (130') feet from the street center line, whichever is greater.

(11) STORAGE AND/OR REFUSE COLLECTION AREAS. All outdoor storage and/or refuse collection areas shall be visually screened from access streets, freeways, and adjacent property by a complete opaque screen made of materials compatible with the buildings materials used in the principal structure. No refuse collection areas shall be permitted between a frontage street and building line.

(12) LIGHTING. All employee, public and loading entrances shall be lighted. Lights shall be deflected in such a way as to not create a traffic hazard or affect adjoining residents.

(13) TELEPHONE AND ELECTRICAL SERVICE. All on site electrical lines and telephone lines shall be placed underground. Transformer or terminal equipment shall be visually screened from view streets and adjacent properties.

(14) NUISANCES. No portion of the Park shall be used in such a manner as to create a nuisance to adjacent sites, such as but not limited to vibration, sound, electro‑mechanical disturbance, radiation, air or water pollution, dust emission of odorous, toxic or noxious matter. The result of every action or omission whereby any restriction or covenant in this document is violated in whole or in part is hereby declared to be a nuisance.

SECTION 1407. INSTITUTIONS.

Standards in this section shall apply to all of the following uses in Zoning Districts where they are identified as Special Uses in the District Regulations chapter for each zone. These uses are: Religious, Social, Educational, Incarceration Institutions, Kennels and Veterinary Hospitals. If a Veterinary Hospital has outdoor boarding or exercise facilities it must meet the regulations of a kennel, the regulations for mixed single family residential and educational uses.

(1) SITE LOCATION PRINCIPLES.

(a) It is desirable that any institutional structure or use to be located within a residential district should be located at the edge of a residential district, abutting either a business or industrial district or adjacent to public open space.

(b) Motor vehicle entrances should be made on a major thoroughfare, or as immediately accessible from a major thoroughfare. This is to avoid the impact of traffic generated by the institutional use upon the residential area.

(c) Site locations that offer a natural or man made barrier that would lessen the effect of the intrusion of the institutional use into a residential area are preferred.

(2) DEVELOPMENT REQUIREMENTS. Ambulance and delivery areas shall be obscured from all residential view by a solid masonry wall six (6') feet in height. Access to and from the delivery and ambulance area shall be directly from a major, minor, or principle collector thoroughfare.

(3) KENNELS.

(a) A minimum of five (5) acres is required.

(b) No buildings or animal runs shall be less than two hundred (200') feet from a lot line abutting a residential district.

(4) SETBACKS. Kennels, animal shelters, and animal hospitals must be set back at least one hundred and fifty (150’) feet from all property lines.

SECTION 1408. MINI-STORAGE/INDIVIDUAL STORAGE FACILITIES.

(1) DISTRICT REGULATIONS. All district regulations of the C district shall apply to Individual Storage Facilities/Mini-storage except as otherwise provided in this Section.

(2) DIMENSIONAL REQUIREMENTS. Storage spaces may vary between thirty (30) and four hundred (400) square feet in size. The maximum height of the building may not exceed one story or fifteen (15') feet in wall height. Multiple buildings on one site must be at least fifteen (15') feet apart. All internal circulation must be on hard surfaces, at least fifteen (15') feet in width.

(3) SETBACKS. The minimum front, side and rear yards shall conform to all district regulations. All sites abutting residential uses shall be developed so that access to storage facilities on the sides abutting residential uses face the interior of the site. No access to the rear of the building, by vehicle, shall be allowed on sides abutting residential uses. Where lights from vehicles can shine on residential uses from anywhere on the site, the residential use shall be screened by a completely obscuring fence, berm or landscaping, at least four (4') feet in height.

(4) USE OF BUILDING. All Individual Storage/ Mini-storage must be entirely contained within the building and in no way visible or otherwise apparent from outside the building. No retail commercial, manufacturing or rehearsing operations of any kind may be carried out inside or outside of the building.

(5) MATERIALS ALLOWED TO BE STORED. No hazardous, toxic, flammable or refrigerated products may be stored inside or outside the building, excluding gas tanks attached to and intended to fuel vehicles and tanks of propane or kerosene, intended as fuel for appliances attached to the vehicle.

(6) LIGHTING. All access points to each storage space and driveway must be lighted.

SECTION 1409. MOBILE HOME PARK.

Mobile Home Parks must comply with the following standards. These shall be specified, by reference, as conditions for approval of a Special Use Permit for a Mobile Home Park

(1) STATE PERMIT COORDINATION. The Michigan Mobile Home Commission has issued comprehensive rules regulating safety, licensing, construction, business practices and other aspects of Mobile Home Parks under the authority of Section 11(2) of the Mobile Home Commission Act (Public Act 96 of 1987). Special Use Permit approval for a Mobile Home Park constitutes "preliminary local zoning approval" as provided by the Act. A construction permit and license for operation of the Mobile Home Park must be obtained from the Michigan Mobile Home Commission after Special Use Permit approval.

(2) EXCEPTIONS TO STATE STANDARDS. The Michigan Mobile Home Commission's Rules establish basic standards to be met in any Michigan community when constructing a Mobile Home Park. Overall, these standards are hereby adopted, by this reference, as the standards for local zoning approval, with the exceptions noted below.

(3) BUFFERS AND GREENBELTS. Where a Mobile Home Park abuts an R-1 or R-2 district, the entire perimeter of the park shall be enclosed by a fence at least four (4') feet high and there shall be a greenbelt planting strip not less than fifteen (15') feet wide around the entire site. The greenbelt shall contain at least one straight or staggered row of deciduous or evergreen trees, spaced not more than twenty (20') feet apart or at least two rows of deciduous of evergreen shrubs which will grow to a mature height of at least six (6') feet, planted not more than six (6') feet apart.

(4) DIMENSIONAL REQUIREMENTS. See individual district requirements.

(5) ROADS. Roadways within a mobile home park shall be developed to the standards required by Tobacco Township residential subdivision streets. Roads where no parking is allowed must be posted with "No Parking" signs.

(6) PEDESTRIAN CIRCULATION. A pedestrian circulation system, separate from vehicular roadways and meeting the Mobile Home Commission Rules' construction requirements for same, must be provided. That is, such a system is not optional for Mobile Home Parks in the Township. A pedestrian circulation system must be paved, connect all dwelling units, any community building and be a minimum of a four (4’) foot wide hard surface.

(7) RECREATIONAL LAND. At least five (5%) percent of the gross site area must be devoted and landscaped for recreational uses. Uses may include playgrounds, open space for sports or picnic areas, as examples.

(8) SALE OF MOBILE HOMES PROHIBITED. The sale, display or storage of Mobile Homes in any portion of the Mobile Home Park is expressly prohibited. However, a vacant Mobile Home located on a Mobile Home Space and owned by its former resident, connected to utilities, and offered for sale or rent is not in violation of this provision.

(9) SEWAGE COLLECTION. Sewage collection and disposal or treatment facilities must be approved by the Central Michigan Health Department and other appropriate State agencies. Note that sewage retention or treatment facilities are Accessory Uses for Mobile Home Parks, and must be placed inside the required greenbelt.

(10) CONSTRUCTION WITHIN THE MOBILE HOME PARK. Where the park is developed in phases, future construction access must be routed to minimize the amount of traffic through the completed phases of the park.

SECTION 1410. OUTDOOR ASSEMBLY.

Standards in this section shall apply to all of the following uses in Zoning Districts where they are identified as Special Uses. These uses are: Outdoor Amphitheater, Drive-In Theater and Race Track.

(1) ALL ACCESS FROM COUNTY PRIMARY ROAD. All traffic ingress and egress shall be from a County Primary road or a State highway. Local traffic movement shall be accommodated within the site so that entering and exiting vehicles will make normal left or right turns into or out of the major thoroughfares.

(2) DRIVEWAYS REMOTE FROM INTERSECTIONS. All points of entrance or exit for motor vehicles shall be located no closer than two hundred (200') feet from the intersection of any two (2) streets or highways.

(3) SIGHT DISTANCE. All vehicles shall have clear vertical and horizontal sight distance approaching a public street within one hundred (100') feet of the street for a sight distance of five hundred (500') feet in either direction along the street.

(4) ACCELERATION AND DECELERATION LANES. Acceleration and deceleration lanes shall be provided at points of ingress and egress to the site.

(5) LEFT TURN LANES. A left turn lane, at least long enough to accommodate ten (10) cars without hindering through traffic or blocking other driveways, shall be provided on the major thoroughfare at each driveway entrance or exit.

(6) SOLID WALL OR FENCE. The entire active portion of the site, excluding vehicle entrance and exit areas, shall be enclosed with a solid wall or screen facade at least eight (8') feet in height. Fences shall be of sound construction, and painted or otherwise finished attractively and inconspicuously.

(7) ENTRANCE GATES. One (1) ticket gate shall be provided for each three hundred (300) cars of capacity at any facility where tickets are to be sold before customers leave their vehicles. Vehicle standing space shall be provided between the ticket gates and the street or highway right-of-way line equal to at least thirty (30%) percent of the vehicular capacity of the facility.

(8) SCREENS. Picture screens shall not be permitted to face any public street and shall be so located as to be out of view from any major thoroughfare.

SECTION 1411. PLANNED UNIT DEVELOPMENT.

(1) INTENT. This Section is intended to encourage innovation in land use patterns and variety in design for development of large Parcels as well as encouraging economy and efficiency in provision of public services, the use of land, natural resources and energy. These regulations provide flexibility for developers while protecting public values.

(2) PERMITTED USES AND STANDARDS. A Planned Unit Development (PUD) may include all Uses By Right and Special Uses listed for the Zoning District which applies to its site, AND for the Zoning District that immediately precedes and follows it in the following list of districts:

A-1

R-1

R-2

C-1

C-2

For example, a PUD proposed for a Parcel zoned R-2 could include all Uses identified for the R-1, R-2 and C Zoning Districts.

When a Use is listed only as a Special Use for the applicable Zoning Districts, all Special Use Permit Standards for said Use will apply. When a Use is listed as a Special Use in one of the applicable Zoning Districts, and as a Use By Right in another, it may be treated as a Use By Right for the PUD.

(3) USE DENSITY AND PARCEL COVERAGE. Parcel Coverage limits for the applicable Zoning District must be met overall, with the following additions.

(a) RESIDENTIAL COVERAGE IN COMMERCIAL ZONING DISTRICTS. For a PUD located in the C Zoning Districts, up to fifty (50%) percent of the allowable Parcel Coverage may be devoted to structures for residential Uses.

(b) NONRESIDENTIAL COVERAGE IN RESIDENTIAL ZONING DISTRICTS. For a PUD located in the R-1 or R-2 Zoning Districts, up to twenty (20%) percent of the allowable Parcel Coverage may be devoted to structures for nonresidential Uses.

(c) RESIDENTIAL DENSITY. The maximum residential density shall be one (1) dwelling unit for every four thousand (4,000) square feet of Parcel area. Single Family or Two Family Dwellings shall meet the Dwelling Unit Area requirements specified for the R-2 Zoning District. Multiple Family Dwellings shall conform to the R-2 requirements.

(4) DIMENSIONAL REQUIREMENTS. Front Yard Setback requirements for the applicable Zoning District shall apply to all boundaries of the PUD. Building Height limitations and minimum Yards between Dwelling structures shall be as specified for the C-1 Zoning District. However, if plots of land in a PUD are proposed for resale as either fee simple Parcels or Site Condominiums, said Parcels or condominium units, and any buildings thereon, must meet the Parcel Dimension and Yard requirements for the R-2 Zoning District.

(5) BUFFERING FOR RESIDENTIAL USES. When a PUD contains a mix of residential and other Uses, the following provisions shall be enforced.

(a) SEPARATE BUILDINGS. In any PUD, a Building devoted to nonresidential use must be separated from adjacent residential Buildings by a Yard area not less than thirty (30') feet across, developed as landscaped open space and not used for parking or circulation of motor vehicles. This area may apply toward satisfaction of the PUD's Open Space requirement, as noted below.

(b) WITHIN SAME BUILDING. When residential and non‑residential Uses occupy space in a single Building in a PUD, a continuous physical separation must be provided between spaces devoted to said Uses. Access doorways are allowed, but the separation must provide at least a one (1) hour fire rating between residential and nonresidential space.

(6) OPEN SPACE. At least ten (10%) percent of any Parcel containing a PUD must be devoted to landscaped open space. Forest, wetland or other unique environmental areas may be left in a natural state. Cropland may not be counted as landscaped open space, nor may Yard areas of individual residential lots be included. However, landscaped Yard areas for Multiple Dwellings or nonresidential Uses may be included. If the PUD includes Multiple Dwellings, it must have at least one thousand (1,000) square feet of open space per Dwelling Unit.

(7) PARKING AND CIRCULATION. Parking for Uses in a PUD shall conform to the requirements of individual uses as required in Chapter 12. Roadways in a PUD shall be Public or Private Roads or Streets, and must be built to the standards of the applicable public agency. (Public Road – Gladwin County Road Commission. Private Road – Tobacco Township Private Road Ordinance 03-07)

(8) MULTIPHASED PUD. Final approval may be granted on each phase of a multiphase planned unit development if each phase contains the necessary components to insure protection of natural resources and the health, safety, and welfare of the users of the planned unit development and the residents of the surrounding area.

Historical Notes: Subsection (8) added by Ord 08-01, eff Feb 25, 2008.

SECTION 1412. OUTDOOR RECREATIONAL FACILITIES.

Standards in this section shall apply to all of the following uses in Zoning Districts where they are identified as Special Uses. These uses are: Public or private Golf Courses, Country Clubs, Driving Range, Racket Sport and Swimming Facilities. This section does not include uses that are accessory uses to a residential use.

(1) SITE LOCATION. Site location should be allowed which enhance the natural environment and amenities of urban life.

(2) DEVELOPMENT REQUIREMENTS. The following standards shall be applicable as basic requirements for the use of land or for the erection, reconstruction, or alteration of permitted structures.

(a) Minimum site shall be twenty (20) acres or more.

(b) Access shall be so designed as to provide all ingress and egress directly onto or from an arterial or principal collector thoroughfare.

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

SECTION 1413. RECREATIONAL VEHICLE (RV) PARK, CAMPGROUND.

(1) TEMPORARY OCCUPANCY ONLY. Spaces in RV parks or campgrounds may be used by motor homes, travel trailers, campers, tents or other short term housing or shelter arrangements.

(2) RESIDENT MANAGER. Each RV park or campground shall be directly supervised by a resident manager who may share such duties with other members of his or her family. Management shall be accessible to park tenants at all times (24 hours) when park spaces are rented. The manager's residence shall include the business office for the park and at least one thousand (1,000) square feet of living area for the manager's family.

(3) REGULATORY COMPLIANCE REQUIRED. RV parks or campgrounds must maintain compliance with all regulations of the Michigan Department of Community Health and the Michigan Department of Natural Resources, which apply to such enterprises. Failure to comply with any such regulation shall constitute a violation of this Ordinance, subject to enforcement action as provided by Chapter 15.

(4) GREENBELT, FENCE AND SETBACK. The entire perimeter of any RV park or campground shall be enclosed by a fence at least four (4') feet high. Further, there shall be a greenbelt planting strip not less than fifteen (15') feet wide around the entire site. Said greenbelt shall contain at least one (1) straight or staggered row of deciduous or evergreen trees, spaced not more than twenty (20') feet apart and at least two (2) rows of deciduous or evergreen shrubs which will grow to an ultimate height of at least six (6') feet planted not more than six (6') feet apart. All individual campsites are to be setback at least seventy five (75') feet from any street right of way or neighboring property line.

(5) ACCESS AND CIRCULATION. Each park shall be served by not more than one (1) point of access to each abutting street or road. No such access shall require a turn at an acute angle for vehicles moving in the direction intended. Design of curbs and pavements at such access points shall be such as to facilitate easy movements for vehicles with trailers attached. Clear vision areas shall be maintained for drivers, extending one hundred fifty (150') feet in each direction on any abutting road and for twenty five (25') feet on the park entrance road. Roadways within the park shall be hard surfaced, dust free, and at least twenty four (24') feet wide for two way traffic or twelve (12') feet wide for one way traffic. Parking shall not be permitted on these roadways, and they shall be posted for a maximum speed of ten (10) miles per hour.

(6) PERSONAL CARE FACILITIES. Each RV park or campground shall include men's and women's restroom and bathing facilities in all‑weather, heated structures. These facilities shall include adequate water outlets, wash basins, toilets, showers and waste containers. These facilities shall be provided uniformly through out the park at a ratio not less than one (1) toilet and sink for each eight (8) camping or RV sites. These facilities shall be kept in good working order and each structure shall be cleaned thoroughly daily.

(7) OTHER PUBLIC FACILITIES. Each RV park or campground shall provide at least one (1) public telephone for each forty (40) sites. Also, each park shall have waste pump‑out facilities for recreational vehicles, which shall have an approved connection to a municipal sewage collection and treatment system or shall have waste removed by a licensed waste hauler for treatment at a municipal treatment facility. Each park shall be served by a commercial solid waste disposal service, providing on‑site storage container(s) large enough to accommodate a three‑day (3) accumulation of solid waste with all sites in the park occupied. Said service shall provide pick up of waste at least weekly when the park is operating and frequently enough to insure that said container(s) are never overloaded. Finally, at least fifteen (15%) percent of the site, not including the greenbelt and setback areas as defined in this Section, shall be devoted to shared open space uses, including, but not limited to, playgrounds, picnic areas, court or field sports, or natural areas. This shall not include parking and vehicle circulation areas.

(8) INDIVIDUAL CAMPSITE REQUIREMENTS. Each RV parking site or campsite shall be a minimum of six hundred (600) square feet in area and shall include the following amenities; an electrical power outlet, fixed facilities for cooking using charcoal or wood as fuel with a fire that is not placed directly upon the ground, unless in a specified metal fire ring in a specified location. Metal trash container with a lid and volume of at least two (2) cubic feet which shall be emptied daily by park personnel to the solid waste facility. A gravel or hard surfaced parking area shall be at least two hundred (200) square feet.

SECTION 1414. SITE CONDOMINIUM.

All condominium projects shall be subject to any pertinent regulations of the Township Zoning Ordinance and any other applicable local Ordinances.

(1) INITIAL INFORMATION. Concurrently, with notice required to be given Tobacco Township pursuant to Section 71 of Public Act 59 of 1978, as amended, (MCL 559.171) a person, firm or corporation intending to develop a condominium project shall provide the following information with respect to the project:

(a) The name, address and telephone number of: All persons, firms, or corporations with an ownership interest in the land on which the condominium project will be located together with a description of the nature of each entity's interest (for example, fee owner, option, or land contract vendee). All engineers, attorneys, architects, or registered land surveyors associated with the project. The developer or proprietor of the condominium project.

(b) The legal description of the land on which the condominium project will be developed together with appropriate tax identification numbers.

(d) The purpose of the project (for example, residential, commercial, industrial, etc.)

(e) Approximate number of condominium units to be developed on the subject parcel.

(2) INFORMATION TO BE KEPT CURRENT. The information shall be furnished to the Zoning Administrator and shall be kept up dated until such time as a Certificate of Occupancy has been issued.

(3) SITE PLANS, NEW PROJECTS MASTER DEED, ENGINEERING AND INSPECTIONS. Prior to recording of the Master Deed required by Section 72 of Public Act 59 of 1978, as amended (MCL 559.108), the condominium project shall undergo site plan review and approval. In addition, the Gladwin County Building Department shall require appropriate engineering plans and inspection prior to the issuance of any Certificates of Occupancy.

(4) SITE PLANS, EXPANDABLE OR CONVERTIBLE PROJECTS. Prior to expansion or conversion of a condominium project to include additional land, the new phase of the project shall undergo site plan review and approval pursuant to Chapter 15 of this Ordinance. Minor changes to the project within the buildable area of an approved site plan do not require a new Site Plan Review, but must be approved by the Zoning Administrator.

(5) MASTER DEED, RESTRICTIVE COVENANTS, AND "AS BUILT" SURVEY TO BE FURNISHED. The condominium project developer or proprietor shall furnish the Zoning Administrator with the following: One (1) copy of the recorded Master Deed; One (1) copy of all restrictive covenants; and two (2) copies of an "As Built" survey. The "As Built" survey shall be reviewed by the Township Engineer for compliance with Township Ordinances. Fees for this review shall be established by resolution of the Township Board. A utilities plan, flood plain plan and approved site plan must be furnished as an exhibit to the Master Deed, or as part of the "As Built" Survey.

(6) MONUMENTS REQUIRED, SITE CONDOMINIUM PROJECTS. All condominium projects shall be surveyed by a registered land surveyor with property lines physically delineated by survey monuments on the site..

(7) COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAW. All condominium projects shall comply with Federal and State Statutes and local ordinances.

(8) STATE AND COUNTY APPROVAL. The developer or proprietor of the condominium project shall establish that appropriate state and county approvals have been received with regard to the fresh water system for the proposed project and with regard to the wastewater disposal system for the proposed project. The Condominium Act (Public Act 59 of 1978), as amended, must be reviewed whenever a condominium request is being considered.

Historical Notes: Subsection (8) amended by adding the last sentence. Ordinance 15-02, eff Dec 24, 2015.

(9) TEMPORARY OCCUPANCY. The Gladwin County Building Department may allow occupancy of the condominium project before all improvements required by this Ordinance are installed, provided that a bond is submitted sufficient in amount and type to provide for the installation of improvements before the expiration of the Temporary Occupancy Permit without expense to the Township.

(10) SINGLE FAMILY DETACHED CONDOMINIUMS. Single family detached condominiums shall be subject to all requirements and standards of the applicable R-1 and R-2 Districts including minimum floor area. The permitted density shall be computed in accordance with this section.

There shall be maintained a minimum spacing distance of eighty (80') feet with sanitary sewer or eighty-five (85') feet without sanitary sewer from the center of one (1) residential dwelling unit to the center of any adjacent residential dwelling unit. This spacing requirement shall be computed along the front building line. In addition, building envelopes shall be depicted on the site plan to assure that the minimum yard requirements are in accordance with the dimensional requirements of the district in which they are located. Rear lot drainage shall be shown on the site plan and installed per Township standards.

(11) STREETS AND ROADS. All streets and roads in a Single Family Detached Condominium Project shall, at a minimum, conform to the standards and specifications promulgated by the responsible agency (Public Road or Street – Gladwin County Road Commission. Private Road or Street – Tobacco Township Private Road Ordinance 03-07).

SECTION 1415. SOIL RESOURCE EXTRACTION, POND CONSTRUCTION.

(1) SCOPE OF REGULATIONS. This Section regulates extraction, filling or repositioning of soil, sand, gravel, clay or other geologic deposit involving disturbance of more than five hundred (500) cubic yards of material, when such disturbance is not related to construction of a building, structure, or parking lot. This Section also applies to artificial ponds created by soil excavation or intervention in watercourses, surface drainage or groundwater aquifers, regardless of size and whether the creation of the pond is an end in itself or merely a by-product of soil extraction activity. Ponds created by embankments or dams across streams or watercourses are not permitted in Tobacco Township. Finally, oil wells are specifically exempted from this Section because they are regulated solely by the Michigan Department of Natural Resources.

(2) ADDITIONAL INFORMATION REQUIRED FOR SITE PLAN. The Site Plan for any activity regulated by this Section must include the following additional information.

(a) A profile of the proposed excavation, illustrating elevations and changes in slope, with elevations noted in five (5) foot intervals. If water is expected to accumulate in the excavation, the projected water level must also be shown.

(b) A soil evaluation report describing the excavation site and any needed drainage or seepage corrections.

(c) The specifications for any spillway or drain for a proposed pond, including the proposed methods of foundation preparation or fill placement.

(3) EXCAVATION SITE REQUIREMENTS.

(a) Avoid sites of ecological significance, such as wetlands or mature forest. If wetlands are to be affected, a State permit may be needed.

(b) Excavations, which create ponds, should be located to minimize the chance of pollution from sources such as feedlots, corrals or septic tanks.

(c) Excavations may be no closer than fifty (50') feet, measured horizontally, to a power line, and may not be within a public utility or transportation easement.

(4) CONSTRUCTION AND OPERATION REQUIREMENTS.

(a) An excavation should not change surface drainage or underwater aquifers so as to adversely impact neighboring uses.

(b) Any pond banks shall have a maximum slope of one (1') foot vertical to four (4') feet horizontal which extends below the projected low water surface elevation to a depth of at least eight (8') feet.

(c) Minimum designed water depth of a pond must be fifteen (15') feet to insure proper aeration and circulation of the water.

(d) All required environmental permits shall be obtained and obeyed, including the soil and sedimentation control permit under Act 347 of PA 1972.

(e) Any excavated material not removed from the site shall be graded to a continuous slope, which does not exceed one (1') foot vertical to three (3') feet horizontal and arranged to prevent runoff from impacting adjacent properties. Said fill shall blend visually with the surrounding landscape.

(f) By October 15 of each year, the completed portion of an excavation and any disturbed area around it shall be graded and seeded.

(g) No machinery or equipment shall operate, and no trucks, trailers, or other conveyances shall arrive at any excavation site before 7:00 a.m. or after 8:00 p.m.

(h) Proper measures shall be taken to minimize the nuisance of traffic noise and flying dust or soil while a site is being excavated.

(i) When two (2) or more dwellings are located within two hundred feet (200') of the edge of any water body on an excavation site or on any parcel, said water body shall be enclosed by a fence at least four feet (4') high with a lockable gate.

(j) Ponds constructed for recreational purposes are not regulated by this zoning ordinance on or after the effective date of this amending ordinance.

Historical Notes: Subsection (j) amended by Ordinance 10-03, effective Dec 30, 2010

Prior to the 2010 amendment, subsection (j) read: “ Ponds constructed for recreational purposes must be located behind the principle structure and outside of the rear and side yards. “

SECTION 1416. TEMPORARY INDOOR AND TEMPORARY OUTDOOR USES.

(1) EXEMPT ACTIVITIES. Non-profit social gathering activities are exempt from the special use permit requirements of this section. Private garage and yard sales in the A-1 or any R district are exempt from the special use permits requirements of this section.

(2) EVIDENCE OF OWNERSHIP OR PERMISSION. Evidence of ownership, lease, or permission for use of any site for which a Temporary Permit or approval is sought, must accompany all permit requests.

(3) LENGTH OF PERMIT. A temporary permit may be granted by the Planning Commission for a maximum of three (3) consecutive months. Additional temporary permits for the same proponent on the same site may be granted no sooner than one (1) month following the expiration of the previous permit. The total time period for all temporary permits granted to one proponent shall not exceed six (6) months in one calendar year.

(4) STRUCTURES-OUTDOOR USES. Structures for the display of outdoor sales items are allowed provided they are not used for human shelter. Structures may not be used for an indoor sales area. One structure for storage of sales items is allowed under the following conditions:

(a) It is no larger than one hundred and fifty (150) square feet,

(b) There is no foundation,

(d) It is anchored to withstand thirty (30 lbs.) pounds per square foot wind stress factor.

Structures of any kind must be removed PRIOR to expiration of the permit.

(5) STRUCTURES-INDOOR USES. Structures for the display of indoor sales items are allowed provided they are not used for human shelter.

One structure for sales items is allowed under the following conditions:

(a) There is no foundation,

(b) No portion of the structure may become unattached or move as a result of wind,

Structures of any kind must be removed PRIOR to expiration of the permit.

(6) USES REQUIRING AN OFFICIAL SITE PLAN AND PLANNING COMMISSION REVIEW. If the use is for greater than three (3) days, within a thirty (30) day period, a site plan, in conformance with the requirements outlined in Chapter 15, must be submitted to the Planning Commission, and all other provisions of this section must be followed, but no fee is required. The owner of the property on which the Temporary use is located is responsible for providing the site plan showing the temporary indoor or outdoor use and its conformance with ordinance requirements. This site plan may be an addition to the original plan for the property. Any violations of the Temporary Use are the responsibility of the owner of the property on which it is located.

(a) OVERNIGHT RESIDING ON TEMPORARY SITE PROHIBITED. The temporary site may not be occupied for more than twelve (12) hours per day. In no event shall overnight occupation be permitted.

(b) TEMPORARY SIGNS. Temporary signs shall be allowed, by permit, for a total of thirty (30) days in any six (6) month period. A total of two temporary sign permits may be granted for one parcel in a year.

(c) SANITARY FACILITIES. Sites selling items for human consumption must have access to hand washing and toilet facilities. Sites selling items not for human consumption must have access to toilet facilities only.

(d) DISPLAY OF GOODS. Display and sale of goods may not be within the required yards for the zoning district.

(7) USES NOT REQUIRING AN OFFICIAL SITE PLAN IN ACCORDANCE WITH CHAPTER 15, OR PLANNING COMMISSION APPROVAL. Private temporary outdoor uses and those associated with nonprofit organizations meeting the definition of NONPROFIT ORGANIZATIONS, in Chapter 2, may be granted temporary use permits by the Zoning Administrator, at no cost to the organization if,

(a) The use is for three (3) days or less within a thirty (30) day period,

(b) A drawing of the site and description of activity is provided and,

(d) The organization agrees by signature, to consent to the conditions outlined by the Zoning Administrator for this temporary outdoor use.

(e) As a result of the addition of a temporary use, the number of parking spaces shall not be reduced below the required number of parking spaces for the temporary use and permanent use combined.

(f) The temporary use location must meet all yard requirements of the zone in which it is located.

SECTION 1417. SITE PLAN REVIEW.

The standards that apply to the following Special Uses are those required as a result of the site plan review. These uses are: Accessory Uses to the principle use, Agricultural Retail Facilities, Airports, Auto Sales, Gas Stations, Car Washes, Cemeteries, Day Nurseries, Farms in the WR zone, Funeral Homes, Grain and Seed Elevators, Hotels, Livestock Auction Yards, Motels, Multiple Family Dwellings in C-1, Production of Fur Bearing Animals, Restaurants-Including Drive-Ins, Two Family dwellings in R-1, Vehicle Sales, and Wholesale Agricultural Product Storage.

SECTION 1418. WIRELESS COMMUNICATION FACILTIES.

(1) INTENT AND PURPOSE. The intent and purpose of these regulations is to accommodate the communications needs of people while protecting the public health, safety and general welfare of the community. These regulations will,

(a) Facilitate the provision of wireless telecommunication services to the residents and businesses of the Township,

(b) Minimize adverse visual effects of towers through design and siting standards,

(c) Avoid potential damage to adjacent property from tower failure through structural standards and setback requirements, and

(d) Maximize the use of existing approved towers and buildings to accommodate new wireless telecommunication facilities in order to reduce the number of towers necessary to serve the community.

(2) DISTRICT REGULATIONS. A wireless communication facility shall require a building permit in all instances and may be permitted as follows:

(a) All districts: A Wireless Service Facility may locate on any existing guyed tower, lattice tower, monopole, electric utility transmission tower, fire tower or water tower, provided that the installation of the new facility does not increase the height of the existing structure except as provided in the Height Regulations in this Ordinance. Such installations shall be permitted by right in all zoning districts and be permitted through Township staff review.

(b) Towers in Residentially zoned areas are only allowed if they are:

(1) Towers supporting amateur radio antennas and conforming to all applicable provisions of this ordinance shall be allowed in the rear yard of parcels.

(2) Towers supporting commercial antennas and conforming to all applicable provisions of this Ordinance shall be allowed only in the following locations by right and shall be permitted through the site plan review procedures outlined in this Ordinance:

(a) Church sites, when camouflaged as steeples or bell towers;

(b) Park sites, when compatible with the nature of the park; and,

(c) Government, school, utility and institutional sites, according to the Statement of Priority of users and minimum requirements for use of Township owned properties.

(d) Wireless telecommunication antennas on roofs, walls and existing towers may be approved by the Township staff provided the antennas meet the requirements of this ordinance after submittal of a final site plan and a report prepared by a licensed professional engineer indicating the existing structure or tower’s suitability to accept the antenna and the proposed method for affixing the antenna to the structure. Complete details of all fixtures and couplings and the precise point of attachment shall be indicated.

(1) Qualify as towers allowed by right in residentially zoned areas.

(d) Newly constructed towers in agriculturally, commercially or industrially zoned areas are allowed by Special Use Permit under the following situations:

(1) The Township Board finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one half (.5) mile radius of the proposed tower location due to one or more of the following reasons:

a) The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.

b) The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost.

c) Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonable as documented by a qualified and licensed professional engineer.

d) Other unforeseen reasons make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.