§ 8.02 SCOPE OF REQUIREMENTS.

   A.   Adult book or supply stores, adult motion picture theaters , adult live stage performing theaters , adult outdoor motion picture theaters , and group “A” cabarets. In the development and execution of this Ordinance and this section, it is recognized that there are certain uses which, because of their very nature, have serious objectionable characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. The special regulations in this section are intended to prevent a concentration of these uses in any one area, so as to prevent the blighting, deterioration, or downgrading of an area. The following requirements are intended to accomplish these purposes:

      1.   The establishment of the types of adult regulated uses listed below shall be prohibited if the establishment of such use will constitute the second such use within a 1,000 foot radius (i.e., not more than one such use within 1,000 feet of another). The distance between uses shall be measured horizontally between the nearest property lines .

         a.   Adult book or supply stores.

         b.   Adult motion picture theaters .

         c.   Adult motion picture arcade.

         d.   Adult motel .

         e.   Adult model studio.

         f.   Adult live stage performing theaters .

         g.   Adult outdoor motion picture theaters .

         h.   Group “A” cabarets.

      2.   It shall be unlawful to hereafter establish any adult regulated use if the proposed regulated use will be within a 600-foot radius of the following:

         a.   Any “Class C” establishment licensed by the Michigan Liquor Control Commission.

         b.   Pool or billiard halls.

         c.   Coin-operated amusement centers.

         d.   Dance centers which typically cater to teens.

         e.   Ice or roller skating rinks.

         f.   Pawn shops.

         g.   Indoor or drive-in movie theaters .

         h.   Public parks, playgrounds, or other recreation uses.

         i.   Churches , convents, monasteries, synagogue, or similar religious institutions .

         j.   Day care centers or nurseries.

         k.   Any public, private, or parochial nursery , primary, or secondary school.

         l.   Any residentially used or zoned land, including land that is zoned R-1, R-I-S, RR, AG-SF, RM-1, or AG-C.

      3.   The distance between uses shall be measured horizontally between the nearest property lines .

      4.   The building and premises shall be designed and constructed so that material depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” (as defined in this Ordinance) cannot be observed by pedestrians or from vehicles on any public right-of-way . This provision shall apply to any display, decoration, sign , show window, or other opening.

   B.   Airports and related uses. Airports , landing sites and platforms, hangars, masts, and other facilities for the operation of aircraft may be permitted, subject to the following conditions:

      1.   Airports for public use, landing sites for commercial use , and related accessory uses .

         a.   Plan approval. The plans for such facilities shall be approved by the Federal Aviation Administration (FAA) and the Michigan Department of Transportation, Office of Aeronautics prior to submittal to the township for review and approval.

         b.   Minimum standards. Such facilities shall comply with the standards established by the FAA and the Michigan Office of Aeronautics concerning obstruction of air navigation.

         c.   Clear zones. All required “clear zones” (as defined by the FAA) shall be acquired and owned by the airport .

         d.   Aircraft and vehicle parking. Sufficient parking shall be provided for aircraft storage. Vehicular parking shall be provided for airport users, and for offices, restaurants , sales, and other uses associated with the airport , subject to the requirements in Article 4.00.

         e.   Approval from utility companies. The plans for such facilities shall be submitted to all utility companies serving the area, including companies that have communication towers within two miles of the proposed facility.

         f.   Setbacks . No portion of any landing site or pad, runway, or similar facility shall be located closer than 500 feet to any parcel of land that is zoned or used for residential purposes. This setback shall not apply to landing sites used for private, noncommercial use.

      2.   Landing sites for personal aircraft and limited commercial use . Landing sites for personal aircraft and limited commercial use may be permitted subject to the following conditions:

         a.   All such landing sites shall comply with applicable laws and regulations promulgated by the Federal Aviation Administration and the Michigan Office of Aeronautics.

         b.   Landing sites for personal aircraft use shall be for the sole use of the person who owns or maintains the landing area and his or her invited guests.

         c.    LIMITED COMMERCIAL USE shall mean that a landing area may be used by aircraft used for crop dusting or spraying, flying banners, or transporting parachutists. A landing site may also be used as a take-off point for hot air balloons.

         d.    Twelve take-offs and 12 landings may be permitted per day.

         e.   No more than one accessory building (e. g., hangar, garage, storage building , etc.) shall be permitted.

         f.   Landing sites shall not be used by aircraft for commercial passenger or cargo operations, except as specifically noted herein.

         g.   Landing sites shall not be used for conducting flight instruction.

         h.   Landing sites shall not be used as a base for charters or rental of aircraft .

         i.   Landing sites shall not be used for commercial maintenance or overhaul of aircraft , or for the sale of fuel, except that maintenance for or by the person who owns or maintains the landing site on his/her own aircraft is permitted.

   C.   Automobile or vehicle dealers . Automobile or vehicle dealers with repair facilities or outdoor sales space shall be subject to the following requirements. These requirements shall apply to operations involved in the sale, lease, or rental of new or used vehicles, house trailers , recreational vehicles , trucks, and other vehicles.

      1.   Grading, surfacing, and drainage. Outdoor sales lots , parking areas, and other vehicle maneuvering areas shall be hard-surfaced with concrete or plant-mixed bituminous material and shall be graded and drained so as to dispose of surface waters. Grading, surfacing, and drainage plans shall be subject to review and approval by the County Drain Commissioner.

      2.   Driveway location. The nearest edge of any driveway serving an outdoor vehicle sales area shall be located at least 60 feet from any street or road intersection (as measured from the nearest intersection right-of-way line).

      3.   Servicing of vehicles. Any servicing of vehicles, including major motor repair and refinishing, shall be subject to the following requirements:

         a.   Service activities shall be clearly incidental to the vehicle sales operation.

         b.   Vehicle service activities shall occur within a completely enclosed building .

         c.   Partially dismantled vehicles, damaged vehicles, new and used parts, and discarded parts shall be stored within a completely enclosed building .

         d.   The building containing service operations shall be located a minimum of 50 feet from any property line .

         e.   There shall be no external evidence of the service operations, in the form of dust, odors, or noise, beyond the service building .

      4.   Broadcasting devices prohibited. Devices for the transmission or broadcasting of voice or music shall be prohibited outside of any building .

      5.   Setbacks . Outdoor sales lots , parking areas, and other vehicle maneuvering areas shall comply with the locational requirements for parking lots, as specified in § 4.01, subsection B.1.

      6.   Minimum lot area. The minimum lot area required for such uses shall be 43,560 sq. ft.

   D.   Automobile filling stations , automobile or vehicle service stations , automobile repair garages . The following regulations shall apply to automobile filling stations and automobile or vehicle service stations , including tire, battery, muffler, and undercoating shops:

      1.   Minimum lot area. The minimum lot area required for such uses shall be 40,000 sq. ft.

      2.   Minimum lot width . The minimum lot width required for such uses shall be 200 ft.

      3.   Minimum setbacks . Repair garages or other buildings shall comply with the setback requirements for the district in which the use is located. However, a minimum setback of 40 feet shall be maintained on all sides which abut property that is zoned or used for residential purposes. Pump islands and canopies shall comply with the following requirements:

 

	Minimum Setback from Right-of-Way Line	Minimum Setback from Residential Use or Zone
Nearest Edge of Pump Island	30 ft.	50 ft.
Nearest Edge of Unenclosed Canopy	20 ft.	40 ft.

 

      4.   Ingress and egress . 

         Ingress and egress drives shall be a minimum of 30 feet and a maximum of 40 feet in width. No more than one such drive or curb opening shall be permitted for every 75 feet of frontage (or fraction thereof) along any street . The nearest edge of any such drive shall be located at least 25 feet from the nearest point of any property zoned or used for residential purposes.

         Curb openings for drives shall not be permitted where the drive would create a safety hazard or traffic nuisance because of its location in relation to other ingress and egress drives, its location in relation to the traffic generated by other buildings or uses or its location near vehicular or pedestrian entrances or crossings.

      5.   Layout. All lubrication equipment, automobile wash equipment, hoists, and pits shall be enclosed entirely within a building . Gasoline pumps shall be located so that motor vehicles do not park on or extend over abutting landscaped areas, sidewalks, streets , buildings , or adjoining property while being served. Service bay doors and windows shall be oriented so they face away from abutting residentially zoned or used property.

      6.   Outside storage. Inoperable, wrecked, or partially dismantled vehicles shall not be stored or parked outside for a period exceeding two days. Such vehicles must be stored in the rear yard within a masonry screening wall that is not less than six feet in height.

      7.   Vehicle sales and storage. The storage, sale, or rental of new or used cars, trucks, trailers , and any other vehicles on the premises is prohibited.

   E.   Automobile wash or car wash establishment . The following regulations shall apply to automobile wash or car wash establishments :

      1.   Minimum lot size. The minimum lot size required for automobile or car wash establishments shall be 21,780 sq. ft.

      2.   Layout. All washing activities shall be carried on within a fully enclosed building . Vacuuming activities shall be permitted in the rear yard only, provided such activities are located at least 50 feet from adjacent residentially zoned or used property. Entrances and exits shall not face abutting residentially zoned or used property.

      3.   Entrances and exits. Sufficient space shall be provided on the lot so that vehicles do not enter or exit the wash building directly from an adjacent street or alley . All maneuvering areas, stacking lanes, and exit aprons shall be located on the car wash parcel itself. Streets and alleys shall not be used for maneuvering or parking by vehicles to be serviced by the automobile wash .

      4.   Orientation of open bays. Buildings should be oriented so that open bays, particularly for self-serve automobile washes, do not face onto adjacent thoroughfares unless screened by landscaping .

      5.   Exit lane drainage. Exit lanes shall be sloped to drain water back to the wash building to drainage grates.

   F.   Bed and breakfast establishments . Bed and breakfast establishments , as defined in § 1.03, shall be subject to the following regulations:

      1.   Bed and breakfast establishments an accessory use . A bed and breakfast establishment shall be clearly incidental to the principal residence on the site. Accordingly, the bed and breakfast operations shall be confined to the single-family dwelling unit which is the principal dwelling on the site. Not more than 30% of the total floor area of the dwelling unit be used for bed and breakfast sleeping rooms .

      2.   Maximum number of units.

 

Lot Size	Maximum Number of Units per Establishment
Up to 2.5 acres	3 units, depending on building requirements
More than 2.5 acres	Based on good planning and design principles, as determined by the Planning Commission

 

      3.   Principal residence. The dwelling unit shall be the principal residence of the operator, and the operator shall live in the dwelling unit when the bed and breakfast facility is in operation.

      4.   Kitchen facilities. There shall be no separate cooking facilities for the bed and breakfast establishment , other than those which serve the principal residence. Food may be served only to those persons who rent a room in the bed and breakfast facility .

      5.   Building requirements. A building used for a bed and breakfast establishment shall comply with the following minimum requirements:

         a.   There shall be at least two exits to the outdoors.

         b.   Rooms used for sleeping shall have a minimum size of 100 square feet for two occupants, plus and additional 30 square feet for each additional occupant. Rooms shall be designed to accommodate no more than four occupants.

         c.   Each sleeping room shall be equipped with a smoke detector.

         d.   Bed and breakfast establishments shall comply with the Fire Code.

      6.   Parking. Adequate off-street parking shall be provided for bed and breakfast patrons, in accordance with Article 4.00.

   G.   Cemeteries . The following regulations shall apply to the establishment of new cemeteries or expansion of existing cemeteries :

      1.   Location. No portion of any cemetery that is located in a wetland or within the 100-year flood boundary shall be developed or platted for grave sites.

      2.   Accessory buildings. A crematorium, mausoleum, columbarium, or other accessory building may be permitted within a cemetery provided that any such building shall be designed and located in accordance with a cemetery  master plan , which plan shall be subject to Planning Commission review.

      3.   Setbacks. No building or structures containing bodies or remains, other than subterranean graves, shall be located closer than 100 feet to the boundary line of any residential or commercial district. A crematorium located within a cemetery shall be setback a minimum of 400 feet from the boundary line of any residential district.

      4.   Location of entrances. Entrances to cemeteries shall be from a major or secondary thoroughfare , and shall be designed to minimize traffic congestion.

      5.   Screening. Screening shall be provided along all property lines abutting a residential district or street in a residential district, in accordance with § 5.02, subsection E.

   H.   Composting centers . 

      1.   The applicant shall submit an impact assessment (§ 2.23) describing the expected odors, aesthetic impact, environmental impacts, vehicular and truck impacts associated with the use, and any mitigation measures to be employed.

      2.   The site plan shall clearly illustrate the layout of the composting operation, including: buildings , staging area, parking, on-site truck maneuvering (truck turning radii shall be illustrated), curbing area, landscaped buffers, sales area, and fencing.

      3.   Composting operations shall be at least 500 feet from any residential district.

      4.   All composting operations shall be at least 200 feet from the boundary of any lake , stream, drain, wetland , or other surface water body. The applicant shall describe procedures for managing stormwater runoff and preventing pollution of surface water bodies or groundwater. Groundwater quality monitoring devices shall be provided.

      5.   Documentation shall be provided indicating that the soils percolate and are not characterized by a high water table.

      6.   The applicant shall describe acceptable methods for control of odors.

      7.   A landscaped greenbelt , as described in § 5.02(E) shall be provided on all sides adjacent to a residential district. A landscaped greenbelt as described in § 5.02(D) shall be provided on all other sides unless waived by the Planning Commission in consideration of adjacent uses and topographic features.

      8.   Access shall be provided solely on Class A truck routes.

      9.   All storage areas shall be enclosed in a building .

      10.   The requirements in this section shall not apply to composting undertaken by a property owner for his or her own benefit, provided that organic matter is not brought in from off-site.

   I.   Concrete plants . Concrete plants shall comply with the following regulations:

      1.   Minimum lot size. Concrete plants shall have a minimum lot area of three acres.

      2.   Setbacks. In order to reduce the effects of airborne dust, dirt, and noise, plant equipment, stockpiles, truck staging areas, and similar operations shall be located no closer than 300 feet to any public or private road  right-of-way line, no closer than 100 feet to any adjacent property lines , and no closer than 1,000 feet to any property that is residentially zoned.

      3.   Access. Concrete plants shall have direct access onto a paved principal arterial. All driveways , loading areas, staging areas, and truck maneuvering areas within the site shall be paved.

      4.   Stacking spaces. A minimum of five stacking spaces shall be provided on the premises for trucks waiting to be loaded.

      5.   Hours of operation. Mixing, loading, and related plant activities shall occur only between the hours of 7:00 a.m. and 6:00 p.m., Monday through Saturday.

      6.   Maximum size. Concrete plants shall be of a low profile design and production shall be restricted to no more than 250 cubic yards per day.

      7.   Layout. Concrete batch plants and operations shall be entirely enclosed within a building .

      8.   Outside storage. Outside storage of materials other than sand, gravel, and other natural materials used in the concrete manufacturing process shall be prohibited. Sand and gravel storage shall be enclosed on three sides with a wall or landscaped berm . The location and size of sand and gravel storage areas shall be shown on the site plan. At no time shall stockpiles exceed 15 feet in height.

      9.   Screening. Concrete plant facilities, including parking and loading areas, shall be screened in accordance with § 5.02, subsection E.

      10.   Truck traffic. Truck traffic shall be limited to 25 trips leaving the site per day. Trucks hauling concrete mixing materials to the site shall be loaded and covered in accordance with all applicable state and county and local regulations.

      11.   Back-up alarm. All trucks using the facility shall be fitted with an automatic back-up alarm. Such alarm shall have a listening device which automatically adjusts the volume so the alarm can be heard just above the ambient noise level.

      12.   Truck washes. All truck washing activities shall be carried on within a designated hard surfaced area. Such area shall be designed so that wash water is captured and disposed of by an approved method as noted below. Truck washing shall be limited to only those trucks that are permanently housed on the concrete plant site.

      13.   Pollution control. Concrete plants shall comply with the dust and noise standards set forth in Article 9.00. The plan for fugitive dust control shall address emissions from stockpiles, process sources, and traffic. Concrete plant  building floor drains shall not be permitted to connect with a dry well or septic system. Unless a groundwater discharge permit has been obtained from the Michigan Department of Environmental Quality or successor agency, all drains must be connected to a closed holding tank. A plan for off-site disposal of holding tank effluent must be noted on the site plan.

      14.   Plan approval. The applicant shall obtain required approvals from all state or county agencies having jurisdiction, including but not limited to: the Michigan Department of Environmental Quality (MDEQ) or successor agency. Air Quality Control Division, Michigan Pollution Control Commission and Ground Water Division. Evidence of approvals from relevant agencies shall be submitted to the township prior to final approval.

      15.   Excess concrete. The proposed recovery system for excess concrete must be noted on the site plan and approved by the township . Storage of excess concrete on the site shall not exceed the limits specified in the approved recovery plan. Excess concrete from other locations shall not be brought onto the site for recovery.

      16.   Impact assessment. An impact assessment shall be submitted, pursuant to § 2.23.

      17.   Performance guarantee . Prior to issuance of a building permit, the township may require submission of a performance guarantee , in accordance with § 2.18.

   J.   Drive-in establishments.

      1.   General provisions. The following provisions shall apply to all drive-in establishments:

         a.   Location of driveways . Driveways serving drive-in establishments shall be located off of a minor or principal arterial. The nearest edge of any entrance or exit drive shall be located no closer than 60 feet from any street or road intersection (as measured from the nearest intersection right-of-way line).

         b.   Screening. An obscuring wall shall be provided along all property lines abutting property that is zoned for residential, commercial, or office use, subject to the requirements in § 6.01.

      2.   Drive-in theaters . The following regulations shall apply to drive-in theaters :

         a.   Lot size. The minimum lot size for a drive-in theater shall be 20 acres.

         b.   Setbacks. The face of the theater screen shall not be closer than 500 feet to any public road or highway  right-of-way , and shall be constructed so it is not visible from any road , highway , or residentially-zoned district.

         c.   Frontage and road access. Such uses shall front onto a paved principal arterial and the main means of access to the theater shall be via the arterial. In no case shall access to a drive-in theater be off of a residential street . The nearest edge of any entrance or exit drive shall be located no closer than 250 feet from any street or road intersection (as measured from the nearest intersection right-of-way line).

         d.   Access drive design. The access drive shall be designed with separate entrance and exit lanes which shall be separated by a landscaped median strip at least ten feet in width. There shall be a minimum of two entrance and two exit lanes, and each lane shall be at least ten feet in width.

         e.   Stacking space. A minimum of 50 stacking spaces shall be provided on the premises for vehicles waiting to enter the theater .

         f.   Screening. The entire drive-in theater site shall be screened in accordance with § 5.02(E).

         g.   Number of movie screens. No more than one screen shall be permitted per establishment.

   K.   Fast-food and drive-through restaurants . The following regulations shall apply to fast-food and drive-through restaurants :

      1.   Minimum frontage. The site shall have a minimum of 200 feet of frontage on a principal arterial road or highway .

      2.   Location of driveways . Ingress and egress points shall be located at least 60 feet from the intersection of any two streets (measured from the nearest right-of-way line). The use of secondary access drives in accordance with § 2.10 is required.

      3.   Control of sound level. Devices for the transmission of voices shall be so directed or muffled as to prevent sound from being audible beyond the boundaries of the site.

   L.   Farms . The following provisions shall apply to farms as defined in § 1.03, to the extent the provisions are not in direct conflict with Generally Accepted Agricultural and Management Practices (GAAMPs):

      1.   Location. Farms operated as commercial agricultural operations shall not be located within a subdivision, proprietor or assessor’s plat. Feedlots and commercial livestock operations shall not be located in a floodplain or wetlands .

      2.   Minimum size. The minimum size for a farm shall be ten acres. In the RR, RE, or AG-SF zoning district , farm animals may be kept on parcels that are less than ten acres provided that:

         a.   In platted subdivisions or condominiums , farm animals may not be kept on parcels less than five acres in size; and

         b.   Compliance with all other requirements set forth herein shall be required (including animal density requirements).

      3.   Prohibited uses. Farms shall not be used for the disposal of garbage, sewage, rubbish, offal from rendering plants, or for the slaughtering of animals except where the animals have been raised on the premises for consumption by residents on the premises.

      4.   Setbacks . Farms shall comply with the following setback requirements:

         a.   Farm buildings shall comply with the minimum setbacks for the district in which they are located, provided that they are located at least 200 feet from residences on other parcels .

         b.   Confined animal feeding operations shall be located at least one-quarter of a mile from any residential subdivision or other development consisting of ten or more homes or residential lots .

         c.   Confined animal feeding operations shall be located at least one-quarter of a mile from any church , business, school, recreational area, or public building .

         d.   Confined animal feeding operations shall be set back at least 100 feet from all road  rights-of-way .

         e.   Runoff from pasture feeding and watering areas shall be separated from any surface water by vegetative buffer that is at least 66 feet in width.

      5.   Manure management. Manure shall be stored in a manner that conforms to generally accepted agricultural and management practices so as to minimize odors and runoff.

      6.   Pesticide management. Pesticides shall be used, stored, transferred, and disposed of in conformity with generally accepted agricultural and management practices .

      7.   Exceptions. The provisions of this subsection L shall not apply to garden plots for single family residences, or to a collection of farm buildings that is operated for educational, demonstration, or recreational purposes (such as a “petting zoo” or “interpretive farm ”).

      8.   Animal density in RR, RE, and AG-SF Districts.

         a.   Overall density. The density of farm animals kept on any parcel in the RR or RE District, or on parcels less than ten acres in area in the AG-SF district, shall not exceed the following:

            Chickens: 50 birds per acre; or

            Turkeys, geese, ducks, or other fowl: 25 birds per acre; or

            Sheep or goats: 10 animals per acre; or

            Swine over 55 pounds: 2.5 animals per acre; or

            Cattle and similar livestock : 1 animal per acre; or

            Horses: 0.5 animals per acre (i.e., 2 acres per horse); or

            Other farm animals not specified above: 3 animals per acre or equivalent combination.

         b.   Special approval for higher animal density. The Township Board may permit a higher density of animals in the RR, RE, and AG-SF Districts, subject to special land use review and following a recommendation from the Planning Commission . Approval shall be based on the determination that the higher density will not result in adverse impacts on adjacent properties in terms of noise, odors, runoff, etc.

         c.   Total number of animals in the RR District. In the RR District, no more than 49 animal unit equivalents shall be permitted on each farm .

   M.   Funeral homes and mortuaries . The following regulations shall apply to funeral homes and mortuaries :

      1.   Assembly area. Adequate assembly area shall be provided off-street for vehicles to be used in funeral processions.

      2.   Screening. Service, loading, and parking areas shall be screened from adjacent residential areas in accordance with § 5.02, subsection E.

      3.   Caretaker’s residence. A caretaker’s residence may be provided within the main building of the funeral home or part of an accessory building , subject to the provisions in § 2.04.

      4.   Loading requirements. One loading berth shall be provided per 5,000 square feet of gross floor area , and one additional berth shall be provided for each additional 10,000 square feet of floor area. Each loading berth shall measure at least 10 ft. x 25 ft.

   N.   Golf courses and country clubs , par-3 golf courses , and driving ranges. The following regulations shall apply to golf courses , country clubs , driving ranges, and par-3 golf courses :

      1.   Lot size. Regulation length 18-hole golf courses shall have a minimum lot size of 160 acres, of which a minimum of 110 acres of usable land shall be allocated to fairways, roughs, and greens. Nine-hole courses with regulation length fairways shall have a minimum lot size of 90 acres. Eighteen-hole par-3 courses shall have a minimum lot size of 50 acres.

      2.   Setbacks and fairway width. The principal and accessory buildings shall be set back at least 75 feet from all property lines . Fairways and driving ranges shall have sufficient width and shall be oriented in such a manner and set back a sufficient distance to prevent golf balls from being hit outside the perimeter of the golf course . The minimum width for fairways shall be 100 yards subject to review by the Planning Commission . Fairways shall be designed so that existing or future dwelling units are located a minimum of 200 feet from the center of the fairway.

      3.   Access. Golf courses and country clubs shall have direct access onto a paved public road .

      4.   Shelter buildings . At least one shelter building with toilet facilities shall be provided per nine holes. The shelter shall meet all requirements of the Ingham County Health Department and shall not be a freestanding portable toilet (sometimes referred to as a “porta-potty” or “porta-john”).

      5.   Impact on water supply. A hydrogeological study shall be completed and submitted to document the impact of the golf course watering system on groundwater supply. This study shall inventory and analyze well logs from surrounding properties, giving consideration to the depth of the wells and quality of water. The study shall further estimate the quantity of water that will be used on a daily basis during the peak watering periods and shall evaluate the impact of watering operations on surrounding wells. The proprietor shall submit a plan to identify measures that will be taken to conserve water on an ongoing basis and to control pesticides and herbicides from contaminating the ground and surface waters.

      6.   Building  setbacks . Buildings shall be setback a minimum of 200 feet from any property line that abuts a residential district.

      7.   Turf maintenance plan. The proposed turf maintenance plan and chemical application plan for the first year and for long-term turf maintenance shall be submitted for review. Turf maintenance and chemical applications shall use Best Management Practices.

      8.   Chemical storage. Detailed plans for chemical storage shall be provided. Buildings in which chemicals are stored shall be designed to contain spills and shall not have floor drains that discharge into a septic system or other pathway to the groundwater. Plans for emergency containment and clean-up shall also be provided.

      The following regulations shall apply to driving ranges:

      1.   Minimum dimensions and setbacks . Driving ranges shall have sufficient width and length and shall be designed in such a manner as to prevent golf balls from being hit outside the perimeter of the driving range. The minimum length of the driving range shall be 300 yards , measured from the tee to the end of the range. Tees shall be set back at least 25 yards from each side property line , unless the applicant can demonstrate that golfers will be oriented toward the center of the range so that golf balls will not be hit beyond the side property lines .

      2.   Screening or slopes. The Planning Commission may require a landscaped buffer or fencing along the perimeter to screen the driving range from adjacent properties or to prevent balls from being hit outside of the driving range. Screening shall comply with the standards in § 5.02, subsection E. The Planning Commission may also require that the sides of the driving range slope upward and be rough mowed so as to intercept stray golf balls.

      3.   Special land use requirements for outdoor recreation facilities. Driving ranges shall comply with the requirements for Outdoor Recreation Facilities in § 8.02, subsection W.

   O.   Hospitals . The following regulations shall apply to hospitals :

      1.   Lot area. The minimum lot size for hospitals shall be ten acres.

      2.   Frontage and access. Hospitals shall front onto a paved major arterial or highway and the main means of access to the hospital for patients, visitors, and employees shall be via the arterial or highway . In no case shall access to a hospital be off of a residential street .

      3.   Setbacks . The principal building and all accessory buildings shall be set back a minimum distance of 100 feet from all property lines . The minimum setback shall be increased 20 feet for each story in excess of two stories .

      4.   Screening. Ambulance and emergency entrance areas shall be screened from view from adjacent residences by the building design or by a masonry wall constructed in accordance with § 6.01.

      5.   State and federal regulations. Hospitals shall be constructed, maintained, and operated in conformance with applicable state and federal laws, including provisions of the Michigan Hospital Survey and Construction Act, Public Act 299 of 1947, being M.C.L.A. §§ 331.501 through 331.516, as amended.

   P.   Kennels. The following regulations shall apply to kennels where three or more dogs, cats, or other domestic animals six months or older are kept:

      1.   Non-commercial kennels . Non-commercial kennels to house only the animals owned by the occupant of the dwelling unit located on the same parcel shall be permitted subject to the following:

         a.   Lot size. The lot on which any such kennel is located shall be a minimum of two acres in size.

         b.   Number of animals. No more than six animals over the age of six months shall be housed in a non-commercial kennel .

         c.   Breeding. Breeding of animals shall be restricted to no more than two litters per year.

         d.   Setbacks . Buildings in which animals are kept, animal runs, and exercise areas shall not be located in any required front, side, or rear yard  setback area, and shall be located at least 100 feet from any dwellings or buildings used by the public on adjacent property.

         e.   Kennels prohibited in subdivisions. Regardless of lot size, non-commercial kennels shall not be permitted in platted subdivisions.

      2.   Commercial boarding and/or breeding kennels . Commercial (boarding /breeding ) kennels shall be permitted subject to the following:

         a.   Operation. Any such kennel shall be subject to all permit and operational requirements established by county and state regulatory agencies.

         b.   Lot size. Boarding and/or breeding kennels shall comply with the following lot size requirements:

 

Lot Size	Number of Permitted Animals
5 acres or less	5 animals
For each additional full acre above 5	5 additional animals

 

         c.   Maximum number of animals. No boarding or breeding kennel shall house more than 30 animals.

         d.   Setbacks.

            (1)   The minimum setback for fully-enclosed kennel buildings shall be 100 feet from any property line and 200 feet from any residential structure on another parcel .

            (2)   The minimum setback for outdoor runs, animal yards , or any other portion of the kennel where animals will be allowed outdoors shall be 150 feet from any property line and 300 feet from any residential structure on another parcel .

            (3)   Animals shall not be kept in outdoor runs between the hours of 6:00 p.m. and 8:00 a.m.

         e.   Sound control. All animals shall be contained in a building which is fully soundproofed, using insulation, soundboards, and acoustic tile.

         f.   Odor control. Non-absorbent surfaces (such as sealed concrete or ceramic tile) shall be used throughout the kennel. Dog waste shall be power flushed or otherwise removed on a regular schedule, but no less than four times daily.

         g.   Kennels prohibited in subdivisions and condominiums . Regardless of lot size, commercial boarding and/or breeding kennels shall not be permitted in platted subdivisions or condominiums .

   Q.   Mini-warehouses and portable storage units. The following regulations shall apply to mini-warehouses and portable storage units (also known as PODS, or Portable On-Demand Storage Units):

      1.   Lot Area. The minimum lot size for mini-warehouses and portable storage units shall be three acres.

      2.   Permitted use . Mini-warehouse establishments shall provide for storage only. All such storage must be contained within an enclosed building . Use of semi-trailers for storage is prohibited. Portable storage units for lease or rent shall not be used for storage on the rental site.

      3.   Site enclosure. The entire site, exclusive of access drives, shall be enclosed with a six-foot high masonry wall or opaque fence , constructed in accordance with § 6.01. In lieu of a masonry wall or fence , the Planning Commission may approve a landscape screen, pursuant to § 5.02(E).

      4.   Exterior appearance. The exterior of any mini-warehouse shall be of finished quality and design, compatible with the design of structures on surrounding property.

      5.   Resident Manager. A resident manager may be permitted on the site for the purposes of maintaining the operation of the facility in conformance with the conditions of the approval. The manager’s residence shall conform with the requirements in § 2.04.

      6.   On-site circulation and parking. 

         a.   All one-way driveways shall be designed with one ten-foot wide loading/unloading lane and one 15-foot travel lane.

         b.   All two-way driveways shall be designed with one ten-foot wide loading/unloading lane and two 12-foot travel lanes.

         c.   The parking lanes may be eliminated if the driveway does not serve storage units. Signs and painted lines shall be used to indicate parking and traffic direction throughout the site.

   R.   Motels. The following regulations shall apply to motels :

      1.   Design. Each unit shall contain at least a bedroom and bath and a minimum gross floor area of 250 square feet.

      2.   Services. Motels shall provide customary motel services, such as maid service, linen service, telephone and/or desk service, and the use of furniture.

   S.   Nursing homes and assisted living . The following regulations shall apply to nursing homes :

      1.   Lot area. The minimum lot size for such facilities shall be three acres.

      2.   Frontage and access. Such uses shall front onto a paved arterial or collector road and the main means of access for residents or patients, visitors, and employees shall be via the paved road . In no case shall access to a nursing home be off of a residential street .

      3.   Setbacks. The principal building and all accessory buildings shall be set back a minimum distance of 75 feet from all property lines .

      4.   State and federal regulations. Nursing homes shall be constructed, maintained, and operated in conformance with applicable state and federal laws.

   T.   Oil and gas processing facilities. The following regulations shall apply to oil and gas processing or sweetening plants:

      1.   Setbacks.

         a.   Oil and gas processing plants shall be located a minimum of 1,300 feet from any existing residential, commercial, or industrial establishments, wetlands , or surface water.

         b.   Oil and gas processing plants shall be located a minimum of 2,640 feet from population concentrations, such as subdivisions, apartment  buildings , residential developments , or mobile home parks , and from uses whose occupants would be difficult to evacuate, such as hospitals or nursing homes .

      2.   Density. There shall be no more than one oil and gas processing facility in operation per square mile section of land. Such facilities shall be designed to service all oil and gas wells that are expected to need such service within a two-mile radius.

      3.   Screening. Oil and gas processing facilities shall be screened in accordance with § 5.02, subsection E.

      4.   Air pollution control. Emissions from the plant shall meet or exceed all applicable state and federal pollution standards, including state standards in Michigan Public Act 451 of 1994, being M.C.L.A. §§ 324.101 through 324.90106, as amended, and the rules adopted pursuant to that Act. Monitors/sensors shall be installed in at least four locations along the perimeter of the site. In addition, monitors shall be installed in all process buildings . These monitors shall be set to alarm and automatically cause the plant to be shut down upon detection of excessive concentrations of hydrogen sulfide, sulfur dioxide, methane, or other gases. The plant operator shall provide the township with the instrument shut down set points, which shall be subject to review and approval. All monitors shall be maintained in proper working order at all times.

      5.   Fire detection. The fire detection and suppression system shall be constructed and maintained in accordance with state and local fire and building codes, and as approved by the Fire Chief. Fire eyes shall be installed in storage tank areas and in process buildings .

      6.   Noise. Oil and gas processing plants shall comply with the noise standards set forth in Article 9.00.

      7.   Automatic alarm system. 

         In the event that instruments, sensors, or monitors detect a malfunction of the system, including but not limited to the detection of gas leaks, odors, fire, flare failure, or improper operation of the processing equipment, an alarm system shall be set to automatically operate.

         The alarm system shall be operated through a bonded alarm company approved by the township . The alarm company shall be instructed to contact the Township Fire Department dispatcher and plant operating personnel.

      8.   Site security. The following security measures shall be maintained on the site:

         a.   Fencing. The site shall be fully enclosed with a six-foot high chain link fence with three strands of barbed wire along the top of the fence .

         b.   Locking of the facility. All building doors and fence gates shall be kept closed and locked, except when personnel are at the site during the daytime hours.

         c.   Signs. “Poisonous Gas” or other appropriate warning signs shall be placed at 50-foot intervals along the fence surrounding the facility. The warning signs shall have a reflective surface.

         d.   Lighting. The site shall be adequately lighted, in accordance with § 2.12.

         e.   Telephone monitoring system. In the event of a break-in or other lapse of security, the bonded alarm system shall automatically be put into operation, and operating personnel and local law enforcement officials shall be notified.

      9.   Preventative maintenance. The facility shall be maintained in proper operating condition at all times. Manufacturer’s recommendations concerning periodic maintenance shall be adhered to.

      10.   Site closure. In the event that operation of the facility is terminated for a period exceeding six months, all equipment and surface piping shall be removed and foundations shall be destroyed to a depth of 36 inches below grade . The entire site shall be evenly graded and re-seeded.

      11.   Other approvals. The applicant shall submit proof of permits and approvals from all state or county agencies having jurisdiction.

      12.   Performance guarantee. Prior to issuance of a building permit, the township may require submission of a performance guarantee , in accordance with § 2.18.

   U.   Open-air business. The following regulations shall apply to open-air businesses , whether operated year round or on an intermittent basis:

      1.   Lot area. The minimum lot size for open-air businesses shall be 40,000 sq. ft.

      2.   Driveway location. The nearest edge of any driveway serving an open-air business shall be located at least 60 feet from any street or road intersection (as measured from the nearest intersection right-of-way ) and at least 20 feet from any side property line (see the requirements for unobstructed site distance in § 2.09(A)4.

      3.   Parking setback . Parking shall be setback a minimum of 15 feet from any road  right-of-way line, unless otherwise noted. The area between the parking and the road  right-of-way shall be landscaped in accordance with § 5.02(B).

      4.   Lot width . The minimum lot width for open-air businesses shall be 200 feet.

      5.   Loading and parking. All loading and parking areas for open-air businesses shall be confined within the boundaries of the site, and shall not be permitted to spill over onto adjacent roads .

      6.   Outdoor display of vehicles. The outdoor display of new or used automobiles, boats, mobile homes , recreational vehicles , trailers , trucks, or tractors which are for sale, rent, or lease shall comply with the requirements in § 8.02, subsection C.

      7.   Plant material nursery . Nurseries which deal with plant materials shall comply with the following:

         a.   Plant storage and display areas shall comply with the minimum setback requirements for the district in which the nursery is located.

         b.   The storage of soil, fertilizer, and similar loosely packaged materials shall be contained and covered to prevent it from blowing onto adjacent properties.

      8.   Roadside stands . Roadside stands shall be subject to the requirements in § 8.02, subsection Z.

   V.   Wireless communication facilities .

      1.   General requirements.

         a.   Standard A. Wireless communications equipment is a permitted use of property and is not subject to special land use approval or any other approval if all of the following requirements are met:

            (1)   The wireless communications equipment will be colocated on an existing wireless communications support structure or in an existing equipment compound.

            (2)   The existing wireless communications support structure or existing equipment compound is in compliance with the Township Zoning Ordinance or was approved by the Township Planning Commission .

            (3)   The proposed colocation will not do any of the following:

               i.   Increase the overall height of the wireless communications support structure by more than 20 feet or 10% of its original height, whichever is greater.

               ii.   Increase the width of wireless communications support structure by more than the minimum necessary to permit colocation .

               iii.   Increase the area of the existing equipment compound to greater than 2,500 sq. ft.

            (4)   The proposed colocation complies with the terms and conditions of any previous final approval by the Planning Commission .

         b.   Standard B. Wireless communications equipment is subject to special land use approval, in accordance with § 29.03 of the Zoning Ordinance, if the equipment does not meet requirements “(3)” and “(4)” under Standard A, but the equipment meets all of the following requirements:

            (1)   The wireless communications equipment will be colocated on an existing wireless communications support structure or in an existing equipment compound;

            (2)   The existing wireless communications support structure or existing equipment compound is in compliance with the Township Zoning Ordinance or was approved by the Township Planning Commission .

         c.   Standard C. Wireless communication equipment is subject to special land use approval, in accordance with § 29.03 of the Zoning Ordinance if the proposal does not involve colocation (e.g., a new facility).

      2.   Approval procedures. The following procedures have been established to achieve approval of a proposed wireless communications facility:

         a.   Standard A. Standard A wireless communication equipment proposals require no zoning approval. However, plans for Standard A improvements shall be submitted to the township .

         b.   Standard B. Standard B wireless communication equipment proposals require special land use approval. Accordingly, such proposals are subject to the procedures in § 29.03 and the following special procedures.

Steps	Action
1.	Applicant submits plan and $1,000 fee.
2.	Within 14 days township administration determines if application is complete.
3.	If application is incomplete, administration notifies applicant.
4.	If application is complete, administration initiates SLU review by scheduling special land use public hearing. Special land use review must be complete 60 days after the application is considered complete.
5.	Township Planner reviews plan, transmits letter to Planning Commission.
6.	Planning Commission reviews plan, makes recommendation to Township Board.
7.	Township Board approves or denies application.

 

         c.   Standard C. Standard C wireless communication equipment proposals require special land use approval. Accordingly, such proposals are subject to the procedures outlined for Standard B, except that in Step 4 the special land use review must be complete not more than 90 days after the application is considered complete.

      3.   Standards and conditions. All applications for wireless communication facilities that require special land use approval shall be reviewed in accordance with the following standards and conditions. If approved, such facilities shall be constructed and maintained in accordance with such standards and conditions and any additional conditions imposed by the Planning Commission and Township Board .

         (1)   Public health and safety. Facilities and/or support structures shall not be detrimental to the public health, safety and welfare.

         (2)   Harmony with surroundings. To the extent feasible, facilities shall be designed to be harmonious with the surrounding areas.

         (3)   Compliance with federal, state and local standards. Wireless communication facilities shall comply with applicable federal and state standards, including requirements promulgated by the Federal Aviation Administration (FAA), Federal Communication Commission (FCC), and Michigan Aeronautics Commission. Wireless communication support structures shall comply with all applicable building codes.

         (4)   Maximum height. Applicants shall demonstrate a justification for the proposed height of the structures and an evaluation of alternative designs which might result in lower heights. The maximum height of a new or modified support structure and antenna shall be the minimum height demonstrated to be necessary for reasonable communication by the applicant (and by other entities to colocate on the structure ), but shall not exceed 120 feet. Higher towers may be permitted, however, if necessary to achieve colocation . The buildings , cabinets, and other accessory structures shall not exceed the maximum height for accessory structures in the zoning district in which the facility is located.

         (5)   Minimum setbacks . 

            The setback of a new or modified support structure from any residential-zoned district or existing or proposed right-of-way or other publicly traveled road shall be no less than the total height of the structure and attachments thereto.

            Where the proposed new or modified support structure abuts a parcel of land zoned for a use other than residential, the support structure shall comply with the required setbacks for principal buildings specified in the Schedule of Regulations for the zoning district in which the facility is located.

            Buildings and facilities accessory to the wireless communication facility (other than the support structure ) shall comply with the required setbacks for principal buildings specified in the Schedule of Regulations for the zoning district in which the facility is located.

         (6)   Access. Unobstructed permanent access to the support structure shall be provided for operation, maintenance, repair, and inspection purposes, which may be provided through or over an easement . The permitted type of surfacing, dimensions, and location of such access route shall be subject to approval by the Planning Commission , based on evaluation of the location of adjacent roads , layout of buildings and equipment on the site, utilities needed to service the facility, proximity to residential districts, disturbance to the natural landscape, and the type of vehicles and equipment that will visit the site.

         (7)   Division of property. The division of property for the purpose of locating a wireless communication facility shall be permitted only if all zoning requirements, including lot size and lot width requirements are met.

         (8)   Equipment enclosure. If an equipment enclosure is proposed as a building or ground-mounted structure , it shall comply with the required setbacks and other requirements specified for principal buildings in the Schedule of Regulations for the zoning district in which the facility is located. If an equipment enclosure is proposed as a roof appliance on a building , it shall be designed, constructed, and maintained to be architecturally compatible with the principal building .

         (9)   Design objectives. The support structure and all accessory buildings shall be designed to minimize distraction, reduce visibility, maximize aesthetic appearance, and ensure compatibility with surroundings. Accordingly, support structures shall be grey or white (or another color that is found to be more harmonious with surroundings) and shall not have lights unless required otherwise by the Federal Aviation Administration (FAA). Equipment buildings shall have a brick exterior. No signs or logos visible from off-site shall be permitted on a support structure .

         (10)   Fencing. Wireless communication facilities shall be enclosed by an open weave, green or black vinyl-coated, chain link fence having a maximum height of six feet. Barbed wire may be permitted.

         (11)   Structural integrity. Wireless communication facilities and support structures shall be constructed and maintained in structurally sound condition, using the best available technology, to minimize any threat to public safety.

         (12)   Maintenance. A plan for the long term, continuous maintenance of the facility shall be submitted. The plan shall identify who will be responsible for maintenance, and shall include a method of notifying the township if maintenance responsibilities change.

      4.   Removal of unused or obsolete facilities.

         a.   A condition of every approval of a wireless communication facility shall be adequate provision for removal of all or part of the facility by users and owners upon the occurrence of one or more of the following events:

            (a)   When the facility has not been used for 180 days or more. For purposes of this section, the removal of antennas or other equipment from the facility, or the cessation of operations (transmission and/or reception of radio signals) shall be considered as the beginning of a period of no use.

            (b)   Six months after new technology is available at reasonable cost, as determined by the Township Board , which permits the operation of the communication system without the requirement of the support structure .

         b.   The situations in which removal of a facility is required, as set forth in subsection 4. a. above, may be applied and limited to portions of a facility.

         c.   Upon the occurrence of one or more of the events requiring removal, the property owner or persons who had used the facility shall immediately apply for any required demolition or removal permits, and immediately proceed with and complete the demolition, removal, and site restoration.

         d.   If the required removal of a facility or a portion thereof has not been lawfully completed within 60 days of the applicable deadline, and after at least 30 days written notice, the township may remove or secure the removal of the facility or required portions thereof, with its actual cost and reasonable administrative charge to be drawn or collected and/or enforced from or under the security posted at the time application was made for establishing the facility.

      5.   Application requirements. 

         a.   Site plan and special land use review. A site plan prepared in accordance with § 29.02 shall be submitted, showing the location, size, screening, and design of all buildings , outdoor equipment, and structures . Where the wireless communication facility is subject to special land use approval the procedures and standards in § 29.03 shall be followed.

         b.   Landscape plan. A detailed landscaping plan shall be submitted illustrating the number, species, location, and size at the time of planting of all proposed trees and shrubs. The purpose of landscaping is to provide screening and aesthetic enhancement for the structure base, accessory buildings , and enclosure.

         c.   Structural specifications. Structural specifications for the support structure and foundation shall be submitted for review. The structural specifications shall state the number of various types of antennae capable of being supported on the structure . A soils report prepared by a geotechnical engineer licensed in the State of Michigan shall also be submitted confirming that the soils on the site will support the structure . Structural plans shall be subject to review and approval by the Township Engineer .

         d.   Security. The application shall include a description of security to be posted immediately upon issuance of a building permit for the facility to ensure removal of the facility when it has been abandoned or is no longer needed, as previously noted. In this regard, the security shall, at the election of the applicant, be in the form of:

            (1)   Cash;

            (2)   Surety bond;

            (3)   Letter of credit; or,

            (4)   An agreement in a form approved by the Township Attorney and recordable at the office of the Register of Deeds, establishing a promise of the applicant and owner of the property to remove the facility in a timely manner as required herein, with the further provision that the applicant and owner shall be responsible for the payment of any costs and attorney’s fees incurred by the township in securing removal.

         e.   Contact person. The application shall include the name, address, and phone number of the person to contact for engineering, maintenance, and other notice purposes. This information shall be continuously updated during all times the facility is on the premises.

   W.   Recreation facilities.

      1.   Outdoor recreation facilities. Outdoor recreation facilities, such as, but not limited to, ski facilities, courses for off road vehicles and snowmobiles, campgrounds, baseball facilities, and swimming pools , shall comply with state and federal regulations and the following regulations:

         a.   General requirements.

            (1)   Setbacks. Principal and accessory buildings shall be set back at least 75 feet from all property lines , unless otherwise specified herein.

            (2)   Access. Outdoor recreation uses shall have direct access onto a principal arterial.

            (3)   Impact on surrounding properties. The location, layout, design, or operation of outdoor recreation facilities shall not impair the continued enjoyment, use, and future orderly development of adjacent and nearby properties. The Planning Commission may specify the hours of operation in order to assure compatibility with adjacent uses.

            (4)   Nuisance impacts. Outdoor recreation uses shall not generate excessive noise, odors, dust, or other impacts, such that the continued use and enjoyment of adjacent properties would be impaired.

            (5)   Parking. All parking for outdoor recreation uses shall be provided in off-street parking lots , designed in accordance with § 4.01, and set back a minimum of 40 feet from any residential district.

            (6)   Screening. Outdoor recreation uses shall be screened from view from adjacent property zoned or used for residential purposes, in accordance with § 5.02, subsection E.

            (7)   Accessory retail facilities. Accessory retail or commercial facilities, such as food and beverage facilities or equipment shops, shall be designed to serve only the patrons of the outdoor recreation facility, unless otherwise listed as a permitted use in the district in which the facility is located.

         b.   Off-road vehicle and snowmobile trails, gun ranges. Courses or trails for off-road vehicles, snowmobiles, or similar use, and gun ranges, shall comply with the following regulations:

            (1)   Minimum parcel size. A minimum of 80 acres shall be required for such uses.

            (2)   Location. The site shall be located in a predominantly undeveloped area so as to minimize adverse impact on adjacent uses.

            (3)   Operations plan. The applicant shall provide a detailed operations plan clearly outlining the types, locations, and characteristics of uses proposed, including proposed hours of operation. The township may regulate the operation and hours of activity to minimize adverse impacts on nearby properties.

            (4)   Other regulations. All such uses shall comply with applicable state and federal laws and regulations.

         c.   Campgrounds. Campgrounds for travel trailers , tents, tent-campers, and motor homes shall comply with the following requirements:

            (1)   Setbacks. Buildings , structures , and areas designated for camping shall be located a minimum of 100 feet from all property lines . The storage of vehicles not set up for occupancy shall be located a minimum of 200 feet from all property lines , and shall be screened in accordance with § 5.02, subsection E.

            (2)   Minimum campsite size. Each campsite shall be at least 1,500 square feet in size for campsites designed to serve motorhomes, trailers , etc. Campsites designed for tent camping shall be at least 600 square feet in size.

            (3)   Utilities. Each campsite shall either be provided with individual water and sewer hookups approved by the Ingham County Health Department, or shall have convenient access to approved service buildings .

            (4)   Fencing. The entire campground shall be enclosed by a six-foot high fence , subject to the requirements in Article 6.00. The fence may be located on the side and rear property lines , but shall be setback a minimum of 50 feet from any road  right-of-way line.

            (5)   Temporary residency. Campgrounds shall be for seasonal recreation use only. This provision shall not apply to the manager or caretaker.

         d.   Swimming pools  clubs .

            (1)   Enclosure. Outdoor swimming pools in single-family districts shall be enclosed within a six-foot high fence . All fences shall be subject to the requirements in Article 6.00. Entry shall be by means of a self-closing, self-latching gate. The latch shall be on the inside so that it is not readily available for children to open. Gates shall be securely locked when the pool is not in use.

            (2)   Setbacks. Swimming pools in single-family districts shall be set back at least 100 feet from any property line that abuts a residential district. In all other districts swimming pools shall be set back a minimum distance of 60 feet from all property lines . In no case shall a swimming pool be located in an easement or right-of-way .

            (3)   Swimming pool  clubs. Swimming pool  clubs in residential districts shall be incorporated as non-profit organizations, and shall be maintained and operated for the exclusive use of members and their guests. Membership shall be limited by subdivision or another clearly-defined geographic area as specified in the club ’s articles of incorporation.

         e.   Private swimming pools .

            (1)   Location. Private swimming pools shall be permitted as an accessory structure to the rear or side of the principal structure in residential districts, and also in front of the principal residential structure in RR, RE, AG-SF, and AG-C Districts, provided that pools in front shall be screened with landscaping or natural vegetation such that they cannot be seen from the road . Pools shall not be located in any road or utility right-of-way or easement . (revised 3/6/01)

            (2)   Setbacks. Private swimming pools shall be located no closer than ten feet to any side or rear property line and no closer than ten feet to any building on the same parcel . Pools shall comply with the front yard  setback for the district in which they are located, except that in no case shall a pool be located closer than 35 feet to a road  right-of-way line.

            (3)   Fencing. Private swimming pools shall be enclosed within a minimum four-foot high fence . All fences shall be subject to the requirements in Article 6.00. Entry shall be by means of a self-closing, self-latching gate. The latch shall be on the pool side of the gate so that it is not readily available to children to open. Gates shall be securely locked when the pool is not in use. A fence shall not be required for pools that are wholly or partially above ground, provided that the wall of the pool is at least four feet in height and that no ladder, deck , or other structure provides access to the pool while it is unattended. However, an automatic pool cover may be utilized in place of a fence in residential areas, per Michigan Building Code, except in the R-1 and R-1S Districts, high density developments, or where the pool would be within 100 feet of another property line . The automatic pool cover would need to be UL listed/approved and meet ASTM F 1346-91 standards.

            (4)   All swimming pools shall be subject to the requirements in the Michigan Building Code.

      2.   Indoor recreation facilities. Indoor recreation facilities, such as, but not limited to, bowling establishments, billiard halls, indoor archery and shooting ranges, indoor tennis courts, indoor skating rinks, arcades, indoor driving ranges, and similar indoor recreation uses shall comply with the following regulations:

         a.   Setbacks. Indoor recreation uses shall be set back a minimum of 75 feet from any property line which abuts a residential district.

         b.   Adverse impacts. The location, design, and operation of an indoor recreation use shall not adversely affect the continued use, enjoyment, and development of adjacent properties. In considering this requirement, particular attention shall be focused on the adverse impact resulting from noise generated by the use and loitering on the premises.

         c.   Access. Indoor recreation uses shall have direct access onto a principal arterial road .

         d.   Arcades and video gaming devices as accessory uses . Where permitted as an accessory use , arcades shall comply with the following requirements:

            (1)   The arcade facilities shall be clearly incidental to the principal use on the site.

            (2)   The arcade facilities shall be accessible only from within the building which contains the principal use . The arcade shall have no direct means of access to the exterior of the building .

            (3)   The arcade shall operate only during the hours when the principal use is open for business.

            (4)   Sufficient additional off-street parking shall be provided to serve the arcade facilities.

            (5)   Where arcades are permitted as an accessory use to an eating or drinking establishment or private club or lodge, there shall be no more than one arcade device for each 30 persons permitted at one time, based on the occupancy load established by local code.

         e.   Approvals. Indoor recreations facilities shall comply with applicable state and federal regulations.

   X.   Religious institutions . The following regulations shall apply to all religious institutions , including churches , synagogues, temples, etc.:

      1.   Lot width . The minimum lot width for religious institutions shall be 150 feet, unless a greater width is specified in the Schedule of Regulations for the district in which the institution is located.

      2.   Lot area. The minimum lot area for religious institutions shall be two acres, unless a greater lot area is specified in the Schedule of Regulations for the district in which the institution is located.

      3.   Parking setback . Off-street parking shall be prohibited in the front setback area and within 15 feet of the rear or side property line .

      4.   Building  setback . Religious institutions shall comply with the following building  setback requirements, unless larger setbacks are specified in the Schedule of Regulations for the district in which the institution is located.

         a.   Front yard : 50 feet.

         b.   Side yards : 25 feet.

         c.   Rear yard : 50 feet.

      5.   Frontage and access. Religious institutions shall be located on a paved collector or arterial road .

      6.   Landscaping . Religious institutions shall comply with the landscaping requirements set forth in § 5.03.

      7.   Maximum height. Churches may exceed the maximum height standard for the districts in which they are located provided that the front, side, and rear setbacks are increased by one foot for every foot by which the building exceeds the maximum permitted height.

   Y.   Group child day care home. 

      Pursuant to Public Act 110 of 2006, as amended, a group child care home (as defined in § 1.03) shall be issued a special use permit if the facility meets of the following standards:

      a.   The group child care home is located not closer than 1,500 feet to any of the following:

         (i)   Another licensed group child care home.

         (ii)   An adult foster care small group home or large group home licensed under the adult foster care facility licensing act, Michigan Public Act 218 of 1979, as amended.

         (iii)   A facility offering substance abuse treatment and rehabilitation service to seven or more people licensed under Article 6 of the public health code, Michigan Public Act 218 of 1979, as amended.

         (iv)   A community correction center, resident home, halfway house, or other similar facility that houses an inmate population under the jurisdiction of the Department of Corrections.

      b.   For the safety of the children, the play yard shall be enclosed with a four-foot high fence , which shall comply with the requirements in Article 6.00 of the Zoning Ordinance.

      c.   The property shall be maintained in a manner that is consistent with the characteristics of the neighborhood, and in compliance with the adopted Property Maintenance Code.

      d.   The facility shall not exceed 16 hours of operation during a 24-hour period.

      e.   Signs shall comply with Article 7.00 of the Zoning Ordinance.

      f.   Parking shall comply with Article 4.00 of the Zoning Ordinance.

      g.   All such facilities shall be licensed by the Department of Human Services or successor agency and shall comply with the minimum standards outlined by the Department for such facilities.

   Z.   Roadside stands . The following regulations shall apply to all roadside stands , as defined in § 1.03:

      1.   Building size. Any building containing a roadside stand shall not be greater than 250 square feet in size.

      2.   Site maintenance. Suitable trash containers shall be placed on the premises for public use. Adequate provisions shall be made for waste collection and removal. Plant and vegetable waste shall be removed daily so that it does not rot or cause odors. Litter shall be picked up and disposed of daily. Crates and equipment shall be stored out-of-view.

      3.   Building  setbacks. Any building containing a roadside stand shall be located no closer than 45 feet to the nearest edge of the paved surface of any paved public road , and no closer than 45 feet to the improved gravel surface of any unpaved public road .

      4.   Parking. Off-street parking may be provided in the required front yard  setback area. Parking shall conform to the regulations in Article 4.00, except that hard-surfacing shall not be required.

   AA.   Stables and riding arenas .

      1.   Private stables. Private stables, as defined in § 1.03 of this Ordinance, are intended for the keeping of horses or other large animals for the non-commercial use of the residents of the principal residential use on the site. Private stables shall comply with the following requirements:

         a.   Location. Private stables shall not be located on land that is a part of a recorded plat unless the subdivision was designed to accommodate stables and equestrian activity.

         b.   Minimum size. Private stables shall have a minimum of two acres per animal but in no event shall there be less than five acres.

         c.   Setbacks . All buildings in which animals are kept and paddocks shall be located a minimum of 50 feet from any property line , any occupied  dwelling or any other building used by the public. Horses may be pastured to the side or rear property line and to the front property line in the RE, AG-SF, RR, and AG-C Districts.

         d.   Maintenance. All stables shall be constructed and maintained so that odor, dust, noise, and drainage shall not create a nuisance or hazard to adjoining properties. All manure shall be stored at least 70 feet from any property line and shall be managed in accordance with generally accepted agricultural and management practices .

      2.   Public stables. Public stables, as defined in this Ordinance, shall comply with the following:

         a.   Location. Public stables shall not be located on land that is a part of a recorded plat.

         b.   Minimum size. Public stables shall have a minimum of two acres per animal but in no event shall there be less than 40 acres.

         c.   Setbacks . All buildings in which animals are kept and paddocks shall be located a minimum of 100 feet from any property line and a minimum of 50 feet from any occupied  dwelling and any other building used by the public. However, horses may be pastured to the front property line .

         d.   Maintenance. All stables shall be constructed and maintained so that odor, dust, noise, and drainage shall not create a nuisance or hazard to adjoining properties. All manure shall be stored at least 70 feet from any property line and shall be managed in accordance with generally accepted agricultural and management practices .

         e.   Supervision. Persons renting horses shall be properly supervised so as to avoid conflict with other nearby property owners.

      3.   Riding arenas . Riding arenas may be permitted as an accessory building or use , subject to the following requirements:

         a.   Location. Riding arenas shall not be located on land that is a part of a recorded plat.

         b.   Permitted use . Riding arenas , whether located inside or outside of a building , are permitted principally for the use and enjoyment of the residents or owners of the parcel on which the arenas are located. The principal use of riding arena facilities is intended to be for riding, exercising, and training horses by residents or owners of the parcel . However, broader uses of arenas are permitted on a limited basis subject to the regulations herein, where such uses are consistent with the goals of the township to promote continued rural land use. Additional permitted uses include, by way of example, horse competition events, training clinics and classes, and riding lessons. Such additional uses and events shall not be open to the general public as spectators; hence, grandstands and other public facilities for spectators are not permitted. However, observation platforms or similar viewing facilities for participants are permitted. Riding arenas may contain stables.

         c.   Setbacks . Riding arenas and outdoor practice tracks shall comply with the setback requirements specified in the Schedule of Regulations for the district in which they are located, except as follows:

            (1)   Such facilities shall be located at least 50 feet from any property line in the RR, RE, or AG-SF District.

            (2)   Such facilities shall be located at least 200 feet from any residential subdivision, condominium  development , or multiple-family residential development of record, as measured from the nearest edge of the facility to the nearest boundary line of the residential development .

            (3)   Buildings in which animals are kept shall comply with the applicable setback requirements for stables.

            (4)   Horses may be pastured to all property lines , including the front property line /road  right-of-way line, provided that an 18- inch setback is provided for an electric fence , pursuant to § 6.02, subsection B.3.

         d.   Floor area. Notwithstanding limitations in § 2.03 on accessory building size, the gross floor area of any riding arena  building shall not exceed 15,000 square feet.

         e.   Maximum height. Riding arenas shall comply with the height requirements for the district in which they are located.

         f.   Maintenance. Riding arenas shall be constructed and maintained so that odor, dust, noise, and drainage shall not create a nuisance or hazard to adjoining properties. All manure shall be stored at least 70 feet from any property line and shall be managed in accordance with generally accepted agricultural and management practices .

         g.   Restrictions on horse competitions and similar events. Although horse competitions and similar events may further the rural use of land, it is intended that such events not become commercial operations and that they be located, laid out, and operated in a manner that does not impair the continued enjoyment, use, and future development of nearby properties. Consequently, such events shall adhere to the following restrictions:

            (1)   Events at which horses or other animals must be trailered in shall occur no more frequently than twice per month. Such event shall last one day only, between the hours of 8:00 a.m. to 8:00 p.m.

            (2)   No more than 30 trailers shall be brought onto the property at one time. Trailer and other vehicles shall be parked no closer than 40 feet to any property that is zoned or used for residential purposes. In consideration of the frequency of events, paving of parking and driveways shall not be required, provided that dust control is implemented when needed.

            (3)   Accessory food concession and restroom facilities are permitted, subject to the following:

               i.   Accessory facilities shall be contained within the riding arena  building or other building .

               ii.   Accessory facilities shall be designed to serve the participants in the events, and shall not be open to the general public.

               iii.   Sales of merchandise shall not be permitted.

               iv.   Permanent restrooms in the arena building or another building are required; portable toilet facilities are not permitted.

            (4)   Overnight outdoor camping and overnight lodging within a building are not permitted.

            (5)   Signs shall comply with the requirements for signs for nonresidential uses (§ 7.07, subsection E).

            (6)   Exterior lighting shall comply with § 2.12. Arena lighting to facilitate outdoor events after dark is prohibited.

            (7)   Loudspeaker outside of the arena building are prohibited, unless the applicant can demonstrate to the satisfaction of those who have review authority at the township that the loudspeakers will not disrupt the use and enjoyment of adjacent land.

            (8)   Horse competitions or similar events proposed in conjunction with a new arena or addition to an existing one shall be reviewed following the normal site plan review process. Where there is no new construction, such proposals shall be subject to review and approval by the Township Board .

         h.   Outdoor tracks. Outdoor tracks shall be permitted, provided they are setback at least 50 feet from any property line , and subject to review by the Township Engineer so as to minimize impact on drainage patterns in the area.

         i.   Written agreement. All required conditions and limitations on the use of a riding arena shall be set forth in a written document, prepared in a recordable form. Upon approval the site plan and prior to issuance of a building permit, the agreement shall be recorded by the township in the Ingham County Office of the Register of Deeds, unless otherwise agreed to by the Township Board .

         j.   Approval criteria. The Planning Commission shall determine that all of the following criteria will be met prior to approving the plans for a riding arena :

            (1)   All requirements set forth in this subsection will be complied with.

            (2)   No living quarters will be located in the arena building .

            (3)   The arena will be compatible in terms of appearance and function with surrounding land uses.

            (4)   The arena is not likely to negatively affect the value of other property in the area in which it is located.

      4.   Stables for breeding and training horses. Stables which are used solely for breeding and training horses and which do not satisfy the definition of “private or public stable ” or “riding arena ” shall be considered farms , as defined in § 1.03, and shall be subject to the regulations applicable to farms .

   BB.   Stamping plants, punch presses, press brakes, and other machines. The following regulations shall apply to stamping machines, punch presses, press brakes, and other machines:

      1.   General requirements. All such machines shall have shock absorbing mountings and be placed on a suitable reinforced concrete footing. No machine shall be loaded beyond the capacity prescribed by the manufacturer. All such machines shall comply with the noise and vibration standards in Article 9.00.

      2.   Automatic screw machines. Automatic screw machines shall be equipped with noise silencers, and shall not be located closer than 300 feet from any property zoned or used for residential purposes.

      3.   Setbacks . Punch and stamp presses, other than hydraulic presses shall comply with the following capacity standards:

 

Maximum Capacity (Tons)	Distance from Nearest Residential District (feet)
50	250
100	300
150	500

 

         Hydraulic presses shall comply with the following capacity standards:

 

Maximum Capacity (Tons)	Distance from Nearest Residential District (feet)
50	250
750	300
1000	500

 

      4.   Press brakes. Press brakes shall be set back at least 300 feet from any property line zoned for residential use.

   CC.   Utility structures and substations. Utility structures , substations, and similar uses shall comply with the following regulations:

      1.   Location. Where feasible, utility structures and public service buildings shall be located so as to not hinder the development of the area or detract from the value of adjoining development .

      2.   Design. All such uses shall be contained in buildings that are architecturally compatible with buildings in the vicinity and shall be screened in accordance with § 5.02, subsection E.

      3.   Off-site impact. Such uses shall not create a health or safety hazard, a nuisance , or have deleterious impact on the surrounding area either due to appearance or operation.

      4.   Security fencing. Security fencing may be permitted, subject to the requirements in Article 6.00.

   D.   Veterinary clinics . Veterinary clinics shall comply with the following requirements:

      1.   Small animal clinics.

         a.   Enclosure. All activities shall be conducted within a completely enclosed building .

         b.   Setbacks . All buildings shall be set back at least 200 feet from abutting land that is zoned for residential use.

         c.   Kennels. Kennels associated with veterinary clinics shall comply with the following setback requirements:

            (1)   Minimum setback for fully-enclosed kennel buildings : 200 feet from any residential structure on another parcel .

            (2)   Minimum setback for outdoor runs, animal yards , or any other portion of the kennel where animals will be allowed outdoors: 300 feet from any residential structure on another parcel .

            (3)   Animals shall not be kept in outdoor runs between the hours of 6:00 p.m. and 8:00 a.m.

      2.   Large animal clinics.

         a.   Range of services. The veterinary clinic shall cater to horses, livestock , and other farm animals . A small animal clinic may be an accessory use .

         b.   Access. The veterinary clinic shall front on or have direct access to a hard-surfaced road .

         c.   Accessory office uses. Any office area shall be an accessory use to the clinic and shall be attached to the treatment or surgical facilities.

         d.   Setbacks . No building other than a stable shall be located closer than 50 feet to any dwelling on the premise and 75 feet to any adjacent property line .

         e.   Kennels. Kennels associated with veterinary clinics shall comply with the following setback requirements:

            (1)   Minimum setback for fully-enclosed kennel buildings : 200 feet from any residential structure on another parcel .

            (2)   Minimum setback for outdoor runs, animal yards , or any other portion of the kennel where animals will be allowed outdoors: 300 feet from any residential structure on another parcel .

         f.   Maintenance. All stables and treatment areas shall be constructed and maintained so that odor, dust, noise, and drainage shall not create a nuisance or hazard to adjoining properties. All manure shall be removed from the premises or spread and cultivated at least once per week so as to control odors and flies.

         g.   Setback of stable or paddock. No stable or confined paddock area shall be located nearer than 50 feet to any property line . Horses and livestock may, however, be pastured to the property line provided the pasture is properly fenced.

         h.   Minimum lot size. Veterinary clinics shall have a minimum lot area of five acres.

         i.   Signs . The veterinary clinic shall be permitted one identification sign with a maximum size of 20 square feet, in accordance with Article 7.00.

         j.   Parking. The veterinary clinic shall provide parking at the ratio of one space per 400 square feet of usable floor area in the clinic, plus one space per employee on the largest working shift. Parking shall comply with the requirements in Article 4.00.

   EE.    Retreat centers .

      1.   Minimum lot area. Retreat centers shall be located on parcels having a minimum size of ten acres.

      2.   Access. Retreat centers shall have direct access to an existing paved public road .

      3.   Maximum floor area. The usable floor area of retreat centers shall not exceed 3,000 sq. ft.

      4.   Health Department approval. Approval from the Health Department for the septic system, water supply well, and kitchen facilities shall be submitted prior to final township approval.

      5.   Fire Department approval. Fire Department inspection and approval shall be required prior to final township approval. The Fire Department shall be requested to establish a maximum occupancy load for the facility.

      6.   Parking. Off-street parking shall be provided in the following amounts: One space per person, based on the occupancy load of the building , plus one space per employee. Parking areas shall be properly drained and surfaced with gravel but need not be paved.

      7.   Overnight use. Overnight accommodations are prohibited.

      8.   Screening and landscaping . Retreat centers shall comply with the screening and landscaping requirements for nonresidential uses in a residential or agricultural district [§ 5.03 (C)].

      9.   Building Inspector approval. Building Inspector review of the site plan shall be required prior to final action by the Planning Commission and Township Board . This review shall not be considered a substitute for the normal review of construction plans prior to issuance of a building permit.

      10.   Setbacks . Retreat centers shall comply with the setback requirements for principal uses in the AG-SF district.

   FF.   Landscape contractors’ operations. Landscape contractors operations shall comply with the following requirements:

      1.   All vehicles and equipment shall be stored in a fully-enclosed building .

      2.   Front loaders and similar equipment used on the site shall be limited to a one yard bucket.

      3.   There shall be no outside storage or stock piling of materials or debris, other than peat, bark, stone, and similar raw materials normally used in the nursery /landscaping business. Such materials shall be screened so they are not visible from any property line .

      4.   Building contractors, road contractors, and similar operations are prohibited.

      5.   No more than 10% of the total site area shall be occupied by buildings , storage, parking, or other facilities associated with the landscaping contractor’s operations .

      6.   The Planning Commission shall have the authority to establish hours of operation so as to minimize the impact of the facility on nearby residential uses.

      7.   Landscape contractors’ operations, including buildings , storage areas, stockpiles, and vehicle and equipment parking, shall comply with the following minimum setback requirements: front: 50 feet, sides: 30 feet, and rear: 40 ft.

   GG.   Outdoor events.

      1.   Outdoor events. For the purposes of this section, the words OUTDOOR EVENTS shall mean any musical concert, festival, fair, carnival, show, or similar gathering at which music or entertainment is provided by performers or prerecorded means, at which members of the public are invited or admitted for a charge or for free. The regulations in this section are not intended to apply to regular season baseball, soccer, football, or other sports league games; sports or athletic activities or games organized and managed by the school district or township ; or, family gatherings of residents, such as reunions, where members of the general public are not invited. Applications for outdoor event permits shall initially be screened by the Planning Coordinator and Building Inspector, who shall make a determination whether a proposed event requires full review and approval pursuant to these regulations. The Planning Coordinator and Building Inspector may waive these requirements upon finding that a proposed event will be attended by less than 100 persons, provided that such a finding is based on written evidence in the form of a signed guest list, copies of written invitations, etc.

      2.   Application. In addition to information required by the standard special land use application by the township , the following information shall be provided on any application for a permit to operate an outdoor event:

         a.   The names, residence, and mailing addresses, and telephone numbers of the person responsible for the outdoor event and the owner of the property where the outdoor event is proposed to occur. If the applicant is an organization or business, then the name, address, and telephone number of a contact person shall be provided.

         b.   A description of the proposed outdoor event.

         c.   The date or dates, location, and proposed hours of operation of the outdoor event.

         d.   If the applicant is not the owner of the property on which the outdoor event is proposed, then evidence of the applicant’s right to use the premises for the outdoor event shall be submitted.

         e.   A statement of the number of people expected to attend the outdoor event for each date it is conducted, and an explanation of the evidence of admission which will be used.

         f.   An indemnification agreement to save and keep the township free and harmless from any and all loss or damages or claims for damages, including attorneys’ fees and litigation costs, arising from or out of the outdoor event. The indemnification agreement shall be subject to approval of the Township Attorney.

         g.   A plan and schedule for complete clean-up of the site following the outdoor event.

         h.   Other information necessary to demonstrate compliance with all of the regulations and standards set forth herein.

      3.   Site plan. An application for a permit for an outdoor event shall be accompanied by a site plan, drawn to scale, showing the location and plan to supply or maintain the following systems and services:

         a.   Police and fire protection facilities and services.

         b.   Water supply and facilities.

         c.   Food supplies and facilities.

         d.   Sanitation facilities.

         e.   Medical and first-aid facilities.

         f.   Vehicle ingress and egress and parking facilities, including means of access for emergency vehicles.

         g.   The areas and facilities to be used for performances.

         h.   The areas and facilities to be used for seating, showing the locations of all aisles.

         i.   The location and type of temporary lighting, sound, and public address facilities.

         j.   The nature and locations of signs and markings to be used to direct people and delineate various areas and facilities.

         k.   All physical facilities to be constructed or placed on the premises, including, but not limited to, fences , ticket booths, grandstands, stages, concession facilities, and offices.

         l.   All other applicable site plan requirements specified in § 29.02.

      4.   Minimum requirements. No outdoor event shall be conducted or permitted unless all of the following requirements are met:

         a.   Parcel size. Outdoor events shall be permitted only on parcels that are 40 acres or larger.

         b.   Hours of operation. Outdoor events shall not begin before 10:00 a.m. nor extend later than 10:00 p.m., unless otherwise permitted by the township upon finding that longer hours will have no impact on use of surrounding property.

         c.   Fencing. The premises shall be completely enclosed by a fence of sufficient height and strength to preclude persons in excess of the maximum permissible from gaining access and to aid in crowd control. Sufficient gates shall be provided to allow safe ingress and egress .

         d.   Parking. Adequate parking spaces shall be provided for persons attending the outdoor event by motor vehicle. At minimum, one off-street parking space shall be provided for every three persons expected to attend or be employed at an outdoor event. Parking along the shoulder of any road shall be prohibited. Properly-marked barrier-free spaces shall be provided in accordance with the schedule in § 4.01, subsection C.5. A plan illustrating the proposed parking layout, including method of delineating spaces and drive aisles, shall be submitted for approval. The parking layout shall comply with the dimensional and other applicable requirements in Article 4.00 of the Zoning Ordinance, although paving shall not be required for a temporary outdoor event.

         e.   Traffic circulation and control. A plan for traffic circulation and control shall be submitted for review. The plan shall include provisions for emergency vehicle access at all times. Provisions shall be made for an adequate number of traffic control officers to provide for the safe, orderly, and expeditious movement of traffic, prior to, during, and after the outdoor event. The adequacy of the plan shall be subject to approval by the Meridian Township Police Department and Northeast Ingham Emergency Services Authority (NIESA). The sponsors of the outdoor event shall pay for the cost of such traffic control.

         f.   Security guards. A minimum of two security guards shall be provided. One additional security guard shall be provided for each 200 people (or fraction thereof) expected to be in attendance above the initial 200 people, unless the Meridian Township Police Department determines that greater or fewer guards are needed to preserve order and protection property on and around the site of the outdoor event.

         g.   Potable water. Potable water shall be available in sufficient quantity and pressure for drinking and sanitation purposes for the entire outdoor event, including under conditions of peak demand. The water supply shall comply with applicable county and state laws and regulations.

         h.   Toilet facilities. A minimum of ten toilet facilities shall be provided per 500 people anticipated to attend the outdoor event. In addition, two toilet facilities shall be provided for each additional 250 people. Public or common use toilets shall comply with Federal Americans with Disability (ADA) guidelines, which require that 5% of the total number, and not less than one toilet facility per cluster of toilet facilities, shall be barrier-free. All toilet facilities shall be provided with soap and paper towels and shall comply with applicable county and state laws and regulations.

         i.   Liquid waste disposal. Proper liquid waste disposal from the premises shall be provided so as to prevent a nuisance or menace to public health. If liquid waste retention and disposal is dependent upon pumpers and haulers, they shall be licensed in accordance with county and state laws and regulations.

         j.   Solid waste disposal. Proper solid waste storage and removal shall be provided so as to prevent a nuisance or menace to public health. Storage shall be in covered containers having a minimum capacity of 36 gallons, provided at a rate of one container per 100 persons expected to attend the outdoor event. The sponsor of the outdoor event shall provide the township with a true copy of an executed agreement with a licensed solid waste disposal firm, which agreement shall provide for proper removal of solid waste from the premises within 24 hours following the outdoor event. For multiple day events, solid waste shall be removed from the premises every day.

         k.   Electrical service. A plan for providing electrical service to the site shall be submitted, which plan shall be subject to approval by the Building Official . All electrical wiring shall be installed in compliance with the Michigan Building Code.

         l.   Noise control. Sound or noise resulting from the outdoor event, when measured at the property line , shall not exceed the normal ambient sound level on adjacent property between the hours of 10:00 p.m. and 10:00 a.m. At all other times, the sound or noise level produced by the outdoor event shall not exceed normal ambient sound level on adjacent property by more than five decibels. Furthermore, no sound or noise shall be produced that causes annoyance to or a threat to the health and safety of the occupants of the adjacent property.

         m.   Illumination. Electrical illumination shall be provided to all areas that are intended to be occupied after dark. A lighting plan shall be submitted showing the location and types of lighting fixtures and level of illumination for open areas reserved for spectators, stage areas, parking areas, and restroom and concession areas.

         n.   Communications facilities. An emergency communication system shall be provided and maintained for the duration of the outdoor event, which system shall be subject to approval by the Meridian Township Police Department and the Chief of the Northeast Ingham Emergency Services Authority (NIESA).

         o.   Overnight facilities. Those who attend an outdoor event shall not be allowed to remain on the premises overnight. Overnight use of the premises by performers or employees of the outdoor event may be permitted, however, subject to review of detailed plans for the accommodations for overnight use, such as camper or trailer parking, sanitation facilities, and bathing facilities.

         p.   Signs. Signs shall comply with the standards for “community special event  signs ” in § 7.05, subsection C.

         q.   Food service. If food service is made available, it shall be delivered only through concessions licensed and operated in accordance with state and county laws and regulations.

         r.   Medical facilities. If the outdoor event is expected to be attended by 2,000 or more people, emergency medical facilities shall be provided on the premises for the duration of the event.

         s.   Prohibited activities. It shall be unlawful to conduct or permit any obscene display or entertainment; to cause or create a disturbance by obscene or disorderly conduct; to permit consumption or use of or make available liquor, narcotics, or narcotic drugs.

         t.   Fire protection. Adequate fire protection shall be provided in accordance with guidelines provided by the Township Fire Board. Flammable vegetation and other fire hazards shall be removed from the site of the outdoor event. Equipment to extinguish fires, as required by the Northeast Ingham Emergency Services Authority (NIESA), shall be provided. Open fires are prohibited.

         u.   Performance guarantee. A performance guarantee meeting the requirements of § 2.18 shall be deposited with the township to assure proper clean-up of the site in accordance with the clean-up plan that is required with the application.

         v.   Insurance. The applicant shall acquire and maintain, at its sole expense, public liability insurance, naming the township as an additional insured. The insurance shall be purchased from companies approved by the Commissioner of Insurance of the State of Michigan, and shall cover bodily injury, property damage, and personal injury in amounts specified by the Township Supervisor. The applicant shall furnish and deliver certificates of insurance demonstrating the existence of the insurance in the minimum amounts required by the township . Each certificate shall provide that the township shall receive not less than 30 days written notice of cancellation, expiration, or termination.

      5.   Standards for approval. The Township Board may approve an outdoor event special land use proposal upon receiving a recommendation from the Planning Commission and making the following findings:

         a.   The outdoor event will be held at a location which complies with and meets all township , county, and state health, zoning, fire, and safety ordinances, laws, and requirements.

         b.   All application and site plan information required by the Zoning Ordinance has been provided.

         c.   The outdoor event will be conducted in full accord with all requirements of the Zoning Ordinance and this section, in particular.

         d.   The outdoor event will be conducted in a manner that will not create a threat to health, safety, and welfare, or adversely affect nearby residents’ use and enjoyment of their properties.

         e.   All facilities and services required by this section will be furnished and that all prior approvals from state and county agencies have been obtained.

         f.   The outdoor event will not adversely affect the ability to furnish the remainder of township with adequate police and fire protection.

   HH.   Nature centers , demonstration farms . Nature centers , demonstration farms , and similar uses shall comply with the following regulations:

      1.   Setbacks. Principal and accessory buildings shall be set back at least 75 feet from all property lines .

      2.   Parcel size. The parcel on which such a facility is located shall be least ten acres in size.

      3.   Impact on surrounding properties. The location, layout, design, and operation of such a facility shall not impair the continued enjoyment, use, and future development of adjacent and nearby properties. The Planning Commission may specify the hours of operation to assure compatibility with adjacent uses.

      4.   Parking. All parking for such facilities shall be provided in off-street parking lots , designed in accordance with § 4.01, except as follows:

         a.   Off-street parking shall be set back a minimum of 40 feet from any property that is zoned or used for residential purposes.

         b.   The number of spaces required shall be determined on a case-by-case basis, upon consideration of the character of the specific use being proposed.

         c.   The Planning Commission may waive the paving requirements in § 4.01(D)(4) for parking and driveways , upon making the determination that another type of surface will be adequate to handle the anticipated level of traffic. In making a determination regarding paving, the Planning Commission shall consider the types of vehicles anticipated (e.g., volume of bus traffic, size and weight of vehicles, etc.). The Planning Commission may seek the advice of the Building Inspector and/or Township Engineer . If paving is not required, then the site plan shall include a commitment to provide dust control in parking areas and on driveways .

         d.   The Planning Commission may waive parking lot lighting requirements upon making the determination that the facility will be used only during daylight hours.

         e.   The Planning Commission may waive parking lot landscaping requirements upon making the determination that existing vegetation to be retained on site satisfies the objectives of the Ordinance, as well as the intent to maintain the rural, non-commercial character of the site.

      5.   Accessory facilities. Accessory retail, food concession, and restroom facilities may be permitted, subject to the following:

         a.   Accessory facilities shall be contained within the nature center  building or other principal building .

         b.   Accessory facilities shall be designed only to serve the patrons of the nature center or demonstration farm .

         c.   Permanent restrooms in the nature center  building or other principal building shall be required; portable toilet facilities shall not be permitted.

         d.   Overnight camping is not permitted. Overnight lodging within a building may be permitted, but only where such activity is incidental to the educational program being offered. Accommodations for overnight lodging shall be illustrated on the approved site plan.

      6.   Permits. Copies of all county, state, and federal permits required to operate the facility shall be submitted to the township .

      7.   Identification of species. The site plan application shall identify in writing any living species of flora or fauna that will be kept at the facility that does not occur naturally in Williamstown Township. Methods to prevent the release of these species into the township environment shall be specified, where appropriate.

      8.   Manure management. If animals are to be kept at a such a facility, then the site plan application package shall include a manure management plan, which shall describe where and how often the manure will be spread or otherwise disposed.

      9.   Signs. Signs shall comply with the requirements for signs for nonresidential uses in § 7.07, subsection E.

      10.   Hunting. Hunting shall not be permitted on a nature center or demonstration farm site.

      11.   Single-family dwelling. One single-family dwelling shall be permitted, to serve as the principal residence of the owner or operator of the facility.

      12.   Trail use. Trails shall be designed and used principally for pedestrian use. Motorized tours of the facility shall not be permitted.

   II.   Automobile body, frame, and fender straightening shops, and automobile collision repair establishments. The following regulations apply to automobile body, frame, and fender straightening shops, and automobile collision repair establishments:

      1.   Minimum lot area. The minimum lot area required for such uses shall be 40,000 sq. ft.

      2.   Minimum lot width . The minimum lot width required for such uses shall be 200 ft.

      3.   Minimum setbacks . All such establishments shall comply with the setback requirements for the district in which the use is located. However, a minimum setback of 40 feet shall be maintained on all sides which abut property that is zoned or used for residential purposes.

      4.   Layout. All equipment related to the use shall be enclosed entirely within a building . Service bay doors and windows shall be oriented so they face away from public streets and roads and abutting residentially zoned or used property.

      5.   Services. All such uses shall take place within enclosed building . Overhead doors shall be kept closed except to bring vehicles, supplies, and equipment in or out.

      6.   Performance standards/use of best available technology. All activities related to such uses must comply with the performance standards in Article 9.00, and the following additional requirements:

         a.   All building walls and roof shall be double insulated with at least seven inches of standard building insulation, to assure compliance with township noise standards unless the applicant can demonstrate that another building design would be effective in controlling sound emissions.

         b.   The applicant shall demonstrate to the satisfaction of the Planning Commission and Township Board that the facility will provide state of the art equipment and features, using the best available technology, so as to fully control emission of paint odors and air contaminants from the facility. Manufacturer’s specifications on equipment and paint should be submitted to demonstrate compliance with this requirement.

      7.   Outside storage. Inoperable, wrecked, or partially dismantled vehicles may be stored or parked outside for up to seven days, during which time the vehicles must be stored in the rear yard within a six-foot high masonry screening wall or wood fence , constructed in accordance with § 6.01. The Planning Commission may require landscaping outside of the required wall or fence .

      8.   Vehicle sales and storage. The storage, sale, or rental of new or used cars, trucks, trailers , and any other vehicles on the premises is prohibited, unless included as part of an approved site plan.

      9.   Land use compatibility. When considering whether such a use should be permitted on a particular site, the Planning Commission and Township Board shall consider the nature of surrounding existing land use and the character of new development in the surrounding neighborhood. The Planning Commission and Township Board may require landscaping and screening above and beyond the specific standards set forth in this Ordinance where necessary to achieve compatibility with existing or planned land use; or, the Planning Commission may recommend denial and/or the Township Board may deny special land use approval is land use compatibility cannot be achieved.

   JJ.   Small wine makers and hard cider producers. It is the intent of the regulations in this subsection to permit small winemakers and hard cider producers in the interest of providing jobs, promoting agritourism and enhancing rural character. It is further the intent of these regulations to prevent development of small winemakers and hard cider producers that are out of scale or out of character with surrounding land use. Accordingly, small winemakers and hard cider producers, as defined in § 1.03 of the Zoning Ordinance, shall comply with the following regulations:

      1.   Setbacks. Principal and accessory buildings shall comply with the setback requirements for the district in which they are located.

      2.   Location.

         a.   Small wine makers and hard cider producers shall not be located on land that is part of a recorded residential plat or residential condominium.

         b.   Small wine makers and hard cider producers located in the Rural Residential District or Rural Estates District shall be located within 300 feet of an existing commercial establishment or Commercial-Agricultural District.

      3.   Impact on surrounding properties. The location, layout, design, operation, and size of such a facility shall not impair the continued enjoyment, use, and future development of adjacent and nearby properties. The Planning Commission may specify the hours of operation to assure compatibility with adjacent uses.

      4.   Performance standards. Small wine makers and hard cider producers shall comply with the Performance Standards specified in Article 9.00.

      5.   Parking. All parking shall be provided in off-street parking lots , designed in accordance with § 4.01, except as follows:

         a.   Off-street parking shall be set back a minimum of 30 feet from any property that is zoned or used for residential purposes.

         b.   The number of spaces required shall be determined on a case-by-case basis, based on consideration of the types and sizes of facilities proposed.

         c.   The Planning Commission may waive the paving requirements in § 4.01(D)(4) for parking and driveways , upon making the determination that another type of surface will be adequate to handle the anticipated level of traffic, and in consideration of the desire to maintain the rural, non-commercial character of the site through use of a pervious surface . In making a determination regarding paving, the Planning Commission shall consider the types of vehicles anticipated (for example, whether there will be bus traffic). If paving is not required, then the site plan shall include a commitment to provide dust control in parking areas and on driveways .

         d.   The Planning Commission may waive parking lot lighting requirements, in the interest of preserving the rural residential character, and upon making the determination that the facility will be used only during daylight hours.

         e.   The Planning Commission may waive parking lot landscaping requirements upon making the determination that existing vegetation to be retained on site satisfies the objectives of the Ordinance.

      6.   Accessory retail facilities. Accessory retail facilities, such as a wine- or hard cider-tasting room , a gift shop limited to merchandise related to the wine or hard cider business, or retail sales of wine or cider, may be permitted, subject to the following:

         a.   Accessory retail facilities shall be clearly incidental to the principal small wine maker or hard cider producer use, and shall be designed to serve only the patrons of the small wine maker or hard cider producer use. Retail facilities shall occupy no more than 25% of the floor space in the accessory building .

         b.   Accessory retail facilities shall be fully contained within a building .

         c.   All such accessory retail facilities shall be clearly demarcated on the site plan.

         d.   Permanent restroom facilities shall be required; portable toilet facilities shall not be permitted.

         e.   Accessory buildings shall comply with the dimensional requirements of the district in which they are located.

      7.   Permits and licenses. Copies of all state and federal permits and licenses required to operate the facility shall be submitted to the township .

      8.   Signs . In the RR, RE, AG-SF, and AG-C Districts, signs shall comply with the requirements for signs for nonresidential uses in § 7.07, subsection E. In the B-1, B-2, and I-1 Districts, signs shall comply with the requirements for nonresidential district signs in § 7.08.

      9.   Single-family dwelling. In the RR, RE, AG-SF, and AG-C Districts, one single-family dwelling shall be permitted, to serve as the principal residence of the owner or operator of the facility.

      10.   Special outdoor events. A special outdoor event, which may include music, food, wine tasting, and the like, if the proposed event will be attended by 50 or more persons at one time, shall require a temporary use  permit issued by the Building Official pursuant to § 2.07.

      11.   Production limits. Small wine makers and hard cider producers in the RR, RE, and AG-SF Districts shall manufacture or bottle no more than 25,000 gallons in one calendar year. Small wine makers and hard cider producers in the AG-C, B-1, B-2, and I-1 Districts shall manufacture or bottle no more than 50,000 gallons in one calendar year.

   KK.   Wind energy systems . Recognizing the potential for future growth in locally-sited wind energy systems , the township intends to permit such uses subject to the requirements below and subject to maintaining the rural character of the township .

      1.   General standards

         a.   Permits required

            (1)   All wind energy systems must comply with local and state electrical and construction codes. A building permit shall be obtained after site plan approval and before construction may begin.

            (2)   Any wind energy system within one and one-half miles of an airport may require approvals from the Federal Aviation Administration (Form 7460-1) and the Michigan Aeronautics Commission. All towers shall comply with the Michigan Airport Zoning Act (1950 PA 23, being M.C.L.A. §§ 259.431 through 259.464, as amended) and the Michigan Tall Structures Act (1959 PA 259, being M.C.L.A. §§ 259.481 through 259.493, as amended).

         b.   Sound level.

            (1)   Wind energy systems shall not exceed 55 db(A) at the property line closest to the wind energy system .

            (2)   The maximum permitted sound level may be exceeded during short-term events such as utility outages and/or severe wind storms.

            (3)   If the ambient sound level exceeds 55 db(A), the maximum permitted sound level shall be the ambient level plus 5 db(A).

      2.   On-site wind energy systems . For wind energy systems intended to primarily provide electrical power to the owner, the following standards shall apply:

         a.   A site plan shall be required for all wind energy systems and anemometer towers. A special use permit shall be required for any wind energy system or anemometer tower located on a parcel less than ten acres in area.

         b.   No more than one tower or turbine shall be permitted per parcel , except that up to three anemometer towers may be permitted on a temporary basis, subject to all other regulations of this section.

         c.   The maximum turbine size that may be permitted by site plan review is 100 kilowatts. Turbines up to 500 kilowatts may be permitted by special use permit .

         d.   Maximum height: 130 feet, measured from the existing ground level at the base of the tower to the center of the hub for a horizontal-axis wind turbine or to the highest point of a vertical-axis wind turbine.

         e.   Minimum clearance between the ground and the tip of any blade: 20 feet.

         f.   Minimum setback from property lines or inhabited structures : 100% of total system height, measured to the top of the blade in its full vertical position.

         g.   Interconnection with utility grid. The standards in this section shall not be construed to prevent the owner of an on-site wind energy system from sending excess electricity back to the utility grid. Any wind energy system connected to the utility grid shall comply with applicable state and federal standards, including but not limited to the regulations of the Michigan Public Service Commission and the Federal Energy Regulatory Commission.

      3.   Utility grid wind energy systems. Any wind energy system larger than 500 kilowatts and designed to primarily provide electricity to the larger utility grid shall only be permitted by special use permit on parcels of 40 acres or more in the AG-C district. In hearing a request for a special use permit for a wind energy system , the township shall consider the impacts of the proposed land use with regard to noise levels, shadow flicker, natural environment (including birds and wildlife), potential ice shedding, electromagnetic interference, airports /airfields, and impacts on the visual character of the township .

   LL.   Auctions . Auctions shall comply with the following regulations:

      1.   Application and review requirements. Auction types that are permitted by special land use shall comply with the requirements of §§ 29.02 and 29.03 of the Zoning Ordinance. Accordingly, site plan review and special land use applications shall be completed and submitted, along with a site plan that contains all of the information required in § 29.02(E). The requirements in this subsection shall not apply to auctions that are principal permitted uses ; site plan review is not required for such auctions .

      2.   Noise. Outside permanently affixed public address systems are prohibited. Portable address systems are permitted for use during the auction only. Auctions shall comply with the noise standards in § 9.02, subsection A.

      3.   Parking. Permanent live auctions that are permitted by special land use shall provide off-street parking at the rate of one space per 125 square feet of gross floor area . Permanent on-line auctions shall provide off-street parking at the rate of one space per 200 square feet of gross floor area . The applicant may provide data to justify need for fewer parking spaces for consideration by the Planning Commission and Township Board . Parking for permanent auctions shall be paved, pursuant to § 4.01, subsection E.4.

      4.   Hours of operation. Auctions shall not begin earlier than 8:00 a.m. and shall not continue beyond 10:00 p.m. The proposed hours of operation

shall be specified in the application, which shall be subject to approval by the township .

      5.   Retail operations. Retail operations shall not be conducted at an auction facility, unless the facility is located in a district that provides for retail use and site plan approval has been obtained.

      6.   Storage. Auction facilities shall not be used for long-term storage. Storage of goods shall be limited to those that will be sold in the next scheduled auction or within six months, as appropriate. Outside storage shall be screened in accordance with § 5.02(E).

      7.   Signs. Auction facilities shall comply with the sign requirements for the districts in which they are located.

      8.   Minimum size. The parcel size for permanent agricultural auctions shall be a minimum of 20 acres.

   MM.   Medical marijuana facilities . A registered primary caregiver may be permitted, in compliance with the General Rules of the Michigan Department of Community Health, the Michigan Medical Marijuana Act, M.C.L.A. § 333.26421 (the "Act") and the requirements of this section in the zoning districts specified herein. Nothing in this section or Ordinance is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution for growing, sale, consumption, use, distribution, or possession of marijuana not in strict compliance with the Act and the General Rules. The following requirements for a registered primary caregiver shall apply:

      1.   General Rules of the MDCH. The medical use of marijuana shall comply at all times and in all circumstances with the Michigan Medical Marijuana Act and the General Rules of the Michigan Department of Community Health, as they may be amended from time to time.

      2.   Drug free zone. A parcel of land occupied by a registered primary caregiver shall not be closer than 1,000 feet to a parcel of land occupied by a school park or a state licensed facility for child day care .

      3.   Number of caregivers per parcel . Not more than one primary caregiver shall be permitted per parcel . The caregiver shall service no more than five qualifying patients on the parcel . The caregiver may be an additional qualifying patient .

      4.   Containment. All medical marijuana shall be contained within the structure in an enclosed facility equipped with locks or other security devices that permit access only by the registered primary caregiver or qualifying patient . Containment facilities shall be subject to inspection by the Township Building Inspector. Routine inspection by local law enforcement may be appropriate.

      5.   Permits. Where required, building, electrical, plumbing and mechanical permits shall be obtained for any portion of the building in which electrical wiring, lighting, and/or watering devices that support the cultivation, growing or harvesting of marijuana are used.

      6.   Inspections. That portion of the structure occupied as a grow room, and the storage of any chemical, such as herbicides, pesticides, and fertilizers, shall be subject to inspection and approval by the Northeast Ingham Emergency Services Authority (NIESA) to ensure compliance with the Michigan Fire Protection Code and other applicable codes and ordinances.

      7.   License. The caregiver shall provide the township with a copy of the license initially issued to him/her by the State of Michigan, as well as subsequent renewals that authorize him/her to be a primary caregiver .

      8.   Consumption on the premises. There shall be no consumption or use of marijuana on the premises in the B-1, B-2 or I-1 districts; however, the caregiver may use marijuana on the premises if he/she is a qualified patient in the R-1, R-1-s, RR, RE, AG-SF, RM-1 and AG-C districts

      9.   Individual use of medical marijuana . Nothing in this Ordinance shall be construed to prohibit a qualifying patient from growing, possessing, and using medical marijuana in one's own home for one's own use, pursuant to the Michigan Medical Marijuana Act.

      10.   Caregiver occupancy. In the R-1, R-1-S, RR, RE, AG-SF, RM-1 and AG-C districts the caregiver must be an owner occupant of the property.

   NN.   Brewpub s and microbreweries .

      1.   The following regulations shall apply to brewpub s, as defined in § 1.03:

         a.   Brewery production shall not exceed 5,000 barrels per year.

         b.   The sale of alcoholic liquor by a brewpub is subject to the license obtained pursuant to the Michigan Liquor Control Act, as amended.

         c.   A brewpub may not sell its beer to other retailers or wholesalers.

         d.   Storage of hops, barley, wheat or other grain used in the brewing process may be stored in a detached, separate structure, such as a silo, provided that any such accessory structure complies with the setback requirements for the district in which it is located. No open storage of bottles, pallets, or other containers shall be permitted. Storage in tractor trailers shall be permitted for periods not longer than 24 hours.

         e.   Brewpub s shall comply with the Performance Standards specified in Article 9.00.

         f.   Brewpub s shall include a taproom or restaurant that provides full meal service for consumption by patrons while seated on the premises.

Twenty-five percent of the gross sales of the restaurant shall be derived from the sale of food and nonalcoholic beverages. Note: The provision regarding "25% of the gross sales" is a State of Michigan requirement and would not be subject to local enforcement.

         g.   No more than 50% of the total gross floor space of the establishment shall be used for the brewery function, such as the brewhouse, fermentation tanks, conditioning tanks, bright beer tanks/filter, bottling and kegging lines, malt milling and storage, serving tanks and boiler and water treatment areas.

         h.   No outside beer tent shall be permitted in any off-street parking lot or off-street loading/unloading area except as may be permitted as a temporary use pursuant to § 2.07, subsection A.5. Outside table service may be permitted in areas not designated for parking or loading/unloading.

         i.   Off-street parking shall be provided at the rate of one space per 50 square feet of usable floor area (UFA) or 0.5 spaces per seat, whichever is greater. For the purposes of this requirement, areas dedicated to brewery production shall not be counted as UFA. In addition, brewpub s shall provide employee parking at the rate of one parking space per employee on the largest working shift. Off-street parking shall comply with the requirements in Article 4.00.

         j.   A brewpub 's taproom or restaurant shall comply with State of Michigan regulations with respect to hours of operation.

      2.   The following regulations shall apply to microbreweries, as defined in § 1.03:

         a.   Microbrewery production shall not exceed 30,000 barrels of beer per year.

         b.   A microbrewery may sell beer it manufactures to a licensed wholesaler who may resell the beer to licensed retailers. Direct sales to licensed retailers are prohibited.

         c.   Storage of hops, barley, wheat or other grain used in the brewing process may be stored in a detached, separate structure, such as a silo, provided that any such accessory structure complies with the setback requirements for the district in which it is located. No open storage of bottles, pallets, or other containers shall be permitted. Storage in tractor trailers shall be permitted for periods not longer than 24 hours.

         d.   Microbreweries shall comply with the Performance Standards specified in Article 9.00.

         e.   Microbreweries shall include a restaurant that provides full meal service for consumption by patrons while seated on the premises.

         f.   No more than 65% of the total gross floor space of the establishment shall be used for the brewery function, such as the brewhouse, fermentation tanks, conditioning tanks, bright beer tanks/filter, bottling and kegging lines, malt milling and storage, serving tanks and boiler and water treatment areas.

         g.   No outside beer tent shall be permitted in any off-street parking lot or off-street loading/unloading area except as may be permitted as a temporary use pursuant to § 2.07, subsection A.5. Outside table service may be permitted in areas not designated for parking or loading/unloading.

         h.   Off-street parking shall be provided at the rate of one space per 50 square feet of usable floor area (UFA) or 0.5 spaces per seat, whichever is greater. For the purposes of this requirement, areas dedicated to brewery production shall not be counted as UFA. In addition, microbreweries shall provide employee parking at the rate of one parking space per employee on the largest working shift. Off-street parking shall comply with the requirements in Article 4.00.

   OO.   Agricultural tourism . The following provisions shall apply to agricultural tourism operations, as defined in § 1.03 :

      1.   Buildings . More than one building may be permitted per parcel . Unless a building is exempt because it is an agricultural structure, all buildings shall be subject to inspection under the Single State Construction Code Act and Property Maintenance Code.

      2.   Trash containers. A sufficient number of trash containers shall be placed on the premises for public use, based on evaluation of the following features: type of event, anticipated number of attendees, duration of event, geographic size of the event, and use of disposable beverage or food containers.

      3.   Restrooms. A sufficient number of restrooms shall be available for public use, based on evaluation of the following features: type of event, number of attendees, duration of event, availability of food and beverages, and special needs of attendees (e.g., families with children, people with disability needs, etc.).

      4.   Building  setbacks . Buildings shall comply with the setbacks for the district in which they are located.

      5.   Building height . Buildings related to agricultural tourism shall not exceed 35 feet in height.

      6.   Parking. All parking shall be provided in off-street parking lots , designed in accordance with the regulations in § 4.01, except as follows:

         a.     Off-street parking shall be set back a minimum of 40 feet from any property that is zoned or used for residential purposes.

         b.   The number of parking spaces shall be determined on a case-by-case basis, upon consideration of the character of the specific agricultural tourism use being proposed.

         c.   The Planning Commission may waive the requirement for parking lot paving, upon making the determination that a grass or gravel surface will be adequate to handle the anticipated level of traffic, in making a determination regarding paving the Planning Commission shall consider the types of vehicles anticipated (e.g., volume of bus traffic, size and weight of vehicles, etc.). If paving is not required, then the site plan shall include a commitment to provide dust control.

         d.   The Planning Commission may waive parking lot lighting requirements upon making the determination that the facility will be used only during daylight hours.

         e.   The Planning Commission may waive parking lot landscaping requirements upon making the determination that existing vegetation to be retained on the site satisfies the objectives of the Ordinance and maintains the rural, noncommercial character of the site.

      7.   Signs. Agricultural tourism uses shall comply with the requirements for wall signs and freestanding signs in § 7.08, subsections D. and E.

      8.   Exterior lighting. Parking lot and pedestrian route lighting shall be required for any agricultural tourism use that operates after dusk or before dawn, subject to § 2.12. Adequate lighting shall be provided to assure the safety of pedestrians and drivers.

      9.   Overnight accommodations. Overnight accommodations related to an agricultural tourism operation shall comply with the regulations for bed-and-breakfast establishments in § 8.02, subsection F.

      10.   Hours of operation. Exterior uses related to minor agricultural tourism shall open no earlier than 9:00 a.m. and close no later than 8:00 p.m. each day. The Planning Commission shall establish the hours of operation for major uses to assure compatibility with nearby uses.

      11.   Size. For the purposes of determining whether an agricultural tourism use should be a principal permitted use or special land use, such operations are classified "Minor" or "Major" based on the following characteristics:

 

	Minor Operations1, 2	Major Operations2
Time Span3	Less than or equal to 3 weeks/event	More than 3 weeks/event
Event Acreage4	Less than or equal to 5 acres	More than 5 acres
Number of Events	One or two per calendar year	Three or more per calendar year
Number of Attendees	Less than or equal to 50 at any one time	More than 50 at any one time
Footnotes: 1   Agricultural tourism operations must satisfy all four criteria to be considered Minor. 2   Minor and major operations require site plan approval. Major operations also require special land use approval. 3   By way of example, a minor tourism operation could include one that is open for business 21 consecutive days or one that is open 3 weekends within a 3-week period. 4   Event acreage includes the land occupied by the event plus ancillary facilities (such as parking), and not necessarily the total acreage of the parcel on which the event is located.

 

      12.   Exclusions. The provisions in this subsection (OO) do not apply to the following uses:

         a.   Nature center s or demonstration farms, to the extent that they are regulated by § 8.02, subsection HH.

         b.   Recreation facilities , which are regulated by § 8.02, subsection W.

         c.   Outdoor events, which are regulated by § 8.02, subsection GG.

         d.   Roadside stands , which are regulated by § 8.02, subsection Z.

         e.   Wineries , to the extent that such uses are regulated by § 8.02, subsection JJ.

         f.   Distilleries.

         g.   Bed-and-breakfast establishments , which are regulated by § 8.02, subsection F.

         h.   Brewpubs and microbreweries , which are regulated by § 8.02, subsection NN.

         i.   Riding stables, which are regulated by § 8.02, subsection AA.

         j.   Any use for which zoning regulations are superseded by Generally Accepted Agricultural and Management Practices (GAAMPS), such as farm markets.

      13.   Examples. In combination with a conventional farm, the following activities may constitute an agricultural tourism event: bakery, bonfires, carnival rides, cider mill, cooking demonstrations, corn mazes, fishing pond, food service, haunted barn/trails, petting farms, and playscapes. This list is not intended to be all inclusive of activities that may be considered agricultural tourism .

      14.   Impact on surrounding properties. The location, layout, design and operation of such a facility shall not impair the continued enjoyment, use, and future development of adjacent and nearby properties.

   PP.   Small distillers. The following regulations shall apply to small distillers, as defined in § 1.03:

      1.   Setbacks. Principal and accessory buildings shall comply with the setback requirements for the district in which they are located.

      2.   Location. Small distillers are permitted by special land use approval in the RR, RE, AG-SF, and AG-C Districts. In the B-1, B-2, and I-1 Districts, small distillers are principal permitted uses . Small distillers shall be subject to the following additional locational requirements:

         a.   Small distillers shall not be located on land that is part of a recorded residential plat or residential condominium .

         b.   Small distillers located in the Rural Residential District or Rural Estates District shall be located within 300 feet of an existing commercial establishment or Commercial-Agricultural District.

      3.   Impact on surrounding properties. The location, layout, design, operation and size of such a facility shall not impair the continued enjoyment, use and future development of adjacent and nearby properties. The Planning Commission may specify the hours of operation to assure compatibility with adjacent uses .

      4.   Storage. All operations of the small distillery shall be contained within a fully enclosed building . There shall be no open storage of bottles, pallets, containers, or other material.

      5.   Performance Standards. Small distillers shall comply with the Performance Standards in Article 9.00.

      6.   Parking. All parking shall be provided in off-street parking lots , designed in accordance with § 4.01, except as follows:

         a.   Off-street parking shall be set back a minimum of 30 feet from any property that is zoned or used for residential purposes.

         b.   The number of spaces required shall be determined on a case-by-case basis, based on consideration of the types and sizes of facilities proposed.

         c.   The Planning Commission may waive the paving requirements in § 4.01(D)(4) for parking and driveways, upon making the determination that another type of surface will be adequate to handle the anticipated level of traffic, and in consideration of the desire to maintain the rural, non-commercial character of the site through use of a pervious surface. In making a determination regarding paving, the Planning Commission shall consider the types of vehicles anticipated (for example, whether there will be bus traffic). If paving is not required, then the site plan shall include a commitment to provide dust control in parking areas and on driveways .

         d.   The Planning Commission may waive parking lot lighting requirements, in the interest of preserving the rural residential character, and upon making the determination that the facility will be used only during daylight hours.

         e.   The Planning Commission may waive parking lot landscaping requirements upon making the determination that existing vegetation to be retained on site satisfies the objectives of the Ordinance.

      7.   Accessory facilities . Accessory facilities , such as a sampling room or a place to sell spirits to consumers for onpremises or off-premises consumption, may be permitted, subject to the following:

         a.   Limited to the AG-C, B-1, B-2, and I-1 Districts.

         b.   All such accessory facilities shall be clearly incidental to the principal small distillery, and shall be designed to serve only the patrons of the small distillery. Accessory facilities shall occupy no more than 25% of the gross floor space .

         c.   Accessory retail facilities shall be fully contained within a building .

         d.   All such accessory retail facilities shall be clearly demarcated on the site plan.

         e.   Permanent restroom facilities shall be required; portable toilet facilities shall not be permitted.

         f.   Accessory buildings shall comply with the dimensional requirements of the district in which they are located.

      8.   Permits and licenses. Copies of all state and federal permits and licenses required to operate the facility shall be submitted to the township .

      9.   Signs . In the RR, RE, AG-SF, and AG-C Districts, signs shall comply with the requirements for signs for nonresidential uses in § 7.07, subsection E. In the B-1, B-2, and I-1 Districts, signs shall comply with the requirements for nonresidential district signs in § 7.08.

      10.   Single-family dwelling. In the RR, RE, AG-SF, and AG-C Districts, one single-family dwelling shall be permitted, to serve as the principal residence of the owner or operator of the facility.

      11.   Special outdoor events. A special outdoor event, which may include music, food, liquor tasting, and the like, if the proposed event will be attended by 50 or more persons at one time, shall require a temporary use permit issued by the Building Official pursuant to § 2.07.

      12.   Production limits. Small distillers in the RR, RE, and AG-SF Districts shall manufacture or bottle no more than 25,000 gallons annually. Small distillers in the AG-C, B-1, B-2, and I-1 Districts shall manufacture or bottle no more than 60,000 gallons annually.

   QQ.   Solar energy systems.

      1.   Purpose. It is the purpose of this subsection to promote the safe, effective and efficient use of solar energy systems to generate electricity. Further, it is the purpose of this subsection to standardize and streamline the review and permitting process for solar energy systems.

      2.   Findings. The Township has found that solar energy is an abundant, renewable and nonpolluting energy resource of which some residents and utility companies would like to make use. Generation of electricity by solar energy systems will reduce dependence on non-renewable energy resources and decrease air and water pollution that results from the use of conventional fossil fuels. Solar energy system s will also enhance the reliability and quality of the power grid, reduce peak power demands, and help diversify the township's energy supply.

      3.   Definitions. For the purposes of this subsection, the following definitions shall apply.

         COMMUNITY SOLAR or SHARED SOLAR. Defined by the U. S. Department of Energy’s National Renewable Energy Laboratory as “a solar-electric system that provides power and/or financial benefit to multiple community members.” Customers of a community solar program subscribe to a portion of a shared renewable energy facility located elsewhere in the community, and the power generated results in each subscriber receiving their portion of the benefit based on their investment.

         SOLAR ENERGY SYSTEM or SES. The components and subsystems that, in combination, convert solar energy into electric or thermal energy suitable for use by consumers. Photovoltaic power systems, solar thermal systems, and solar hot water systems are types of solar energy systems.

      4.   Solar energy systems serving a single residence or business (typically for on-site use ).

         a.   Roof- and building-mounted solar energy systems . Roof- and building-mounted solar energy systems for individual use are permitted accessory structures in all zoning districts, subject to the following regulations:

            i.   Height. Roof-mounted systems shall not extend more than four feet above the roof surface to which they are affixed.

            ii.   Location. Solar energy systems shall not protrude beyond the edge of the roof.

            iii   Building and electrical permits. Building and electrical permits shall be required for installation of roof- and building-mounted systems.

         b.   Ground-mounted solar energy systems . Ground-mounted solar energy systems for individual residential or business use are permitted accessory structures in all zoning districts, subject to the following regulations:

            i.   Location and setbacks . Solar energy systems shall be considered accessory structures and may be located in the front, side or rear yard , subject to the setback requirements for accessory buildings .

            ii.   Height. The height of the solar energy system and any mounts shall not exceed 20 feet when oriented at maximum tilt.

            iii.   Screening. Landscaping shall be provided to screen the racking from view on all sides, when visible from adjacent properties

            iv.   Building and electrical permits. Building and electrical permits shall be required for any ground-mounted solar energy system .

            v.   Area. Ground-mounted solar energy systems shall be subject to the maximum lot coverage standards of the zoning district.

         c.   Batteries. When solar storage batteries are included as part of the solar collector system, they must be placed in a secure container or enclosure when in use, and when no longer in use shall be disposed of in accordance with applicable laws and regulations.

         d.   Removal. If a solar energy system ceases to perform its intended function (generating electricity) for more than 12 consecutive months, the property owner shall remove the collectors, mounts, and associated equipment and facilities no later than 90 days after the end of the 12-month period. Where the removal has not been lawfully completed as required above, and after at least 30 days written notice, the township may remove or secure the removal of the solar energy system or portion thereof, with the township's actual cost and reasonable administrative charges to be placed as a lien on the property. A lien on the property shall be superior to all other liens except taxes.

      5.     Solar energy systems - utility grade and community solar (for off-site use, operated by a utility company, government entity, or quasi-governmental entity).

         a.   Utility grade, ground-mounted solar energy systems . Utility grade, ground mounted solar energy systems , typically over ten kW capacity, are permitted subject to the following regulations:

            i.   Location and setbacks . The solar energy system shall meet the minimum front, side and rear yard setbacks of the zoning district.

            ii.   Permitted zoning districts. Utility grade and community solar energy systems are permitted, subject to site plan and special land use approval, in the AG-C, Commercial Agriculture, AG-SF, Agriculture Small Farms, and I-1, Light Industrial Districts. Community solar systems are also permitted, subject to special land use approval, in the RE, Rural Estates District, RR, Rural Residential District, GD, Green Zone Planned Development District, and PD, Planned Development Districts.

            iii.   Height. The height of the solar energy system and any mounts shall not exceed 20 feet, when oriented at maximum tilt.

            iv.   Screening. Evergreen landscaping shall be provided to screen the racking from view from the road and from adjacent residential land uses.

            v.   Building permit. A building permit shall be required for any ground-mounted solar energy system .

            vi.   Area. Utility grade, ground-mounted solar energy systems shall not be subject to the maximum lot coverage standards of the zoning district, but other structures on the parcel are subject to maximum lot coverage requirements.

            vii.   Power line placement. Power lines serving the solar energy system shall be located underground.

            viii.   Landscaping. Suitable ground cover shall be provided and maintained beneath the solar panels. Native Michigan plants are recommended.

            ix.   Sign . A sign shall be posted at the entrance(s) to the facility, which shall be kept up-to-date, with the name and contact information of the operator.

            x.   Glare. Solar energy panels shall not produce any glare that is visible from the street or from adjacent or nearby residences.

            xi.   Locations where not permitted. Solar energy systems shall not be located over a working septic system; in a floodplain or wetland ; on land that is registered in the Michigan Farmland Preservation Program; or on land that is the habitat of special status, threatened, endangered, candidate or fully protected species, pursuant to state or federal law.

            xii.   Fencing . Utility grade solar energy systems shall be fully enclosed within a six-foot-high fence that meets the requirements of Article 6.00.

            xiii.    Maintenance plan. At the time of site plan review, the applicant shall present a detailed plan for maintenance of the facility, including equipment, landscaping and groundcover maintenance.

            xiv.   Lighting. Lighting shall comply with § 2.12 of the Zoning Ordinance.

         b.   Batteries. When solar storage batteries are included as part of the solar collector system , they must be placed in a secure container or enclosure when in use, and when no longer in use shall be disposed of in accordance with applicable laws and regulations.

         c.   Removal. If a solar energy system ceases to perform its intended function (generating electricity) for more than 12 consecutive months, the operator shall remove the collectors, mounts, associated equipment and facilities no later than 90 days after the end of the 12-month period. Where the removal has not been lawfully completed as required above, and after at least 30 days written notice, the township may remove or secure the removal of the solar energy system or portion thereof, with the township's actual cost and reasonable administrative charges to be placed as a lien on the property. A lien on the property shall be superior to all other liens except taxes.

         d.     Decommissioning plan. The SES project must contain a decommissioning plan to ensure it is properly decommissioned upon the end of the project life or facility abandonment.

            i.    Decommissioning shall include: removal of all structures (including transmission equipment and fencing) and debris to a depth of four feet, restoration of the soil, and restoration of vegetation within 12 months of the end of project life or facility abandonment.

            ii.   The decommissioning plan shall state how the facility will be decommissioned, a professional engineer's estimated cost of decommissioning, the financial resources to be used to accomplish decommissioning, and the type of surety to be provided prior to construction.

         e.   Abandonment.

            i.   A SES that ceases to produce energy on a continuous basis for 12 months will be considered abandoned, unless the current responsible party (or parties) with ownership interest in the SES provides substantial evidence (updated every six months after 12 months of no energy production) to the township or its designee of the intent to maintain and reinstate the operation of that facility. It is the responsibility of the responsible party (or parties) to remove all equipment and facilities and restore the parcel to its condition prior to development of the SES, unless otherwise approved by the township.

            ii.   Upon determination of abandonment or other violation(s), the township shall notify the party (or parties) responsible that it (they) must remove the SES and restore the site to its condition prior to development of the SES, within 365 days of notice by the township,

            iii.   If the responsible party (or parties) fails to comply, the township may remove the SES, sell any removed materials, and initiate judicial proceedings or take any other steps legally authorized against the responsible party (parties) to recover the costs required to remove the SES and restore the site to a nonhazardous, pre-development condition.

            iv.   Facilities deemed by the township to be unsafe and facilities erected in violation of this section shall also be subject to this section. The Code Enforcement Officer or any other employee of the Planning and Building Departments shall have the right to request documentation and/or affidavits from the applicant regarding the system's usage, and shall make a determination as to the date of abandonment or the date on which other violation(s) occurred.

         f.   Surety.

            i.   The owner(s) and/or operator of the SES shall post a surety in a form acceptable to the township, such as security bond, irrevocable letter of credit, escrow, or other form deemed acceptable by the township, equal to 150% of the total estimated decommissioning and reclamation costs, prior to issuance of a building permit. The cost of decommissioning shall be reviewed between the operator and the Township Board every five years to ensure adequate funds are allocated for decommissioning; the surety shall be appropriately adjusted to reflect the current decommissioning estimate.

            ii.   The surety shall be established and maintained with a company licensed in the state or a federal- or state-chartered lending institution acceptable to the township.

            iii.   The company providing the surety shall provide the township with 90 days’ notice of the expiration of the surety. Lapse of a valid security bond is grounds for the actions defined in subsection 5.f.v. below.

            iv.   In the event of sale or transfer of ownership and/or operation of the SES, a surety shall be maintained throughout the entirety of the process.

            v.   If at any time during the operation of the SES, or prior to, during, or after the sale or transfer of ownership and/or operation of the SES, the surety is not maintained, the township may take any action permitted by law, revoke the special use permit , order a cessation of operations, and order removal of the structure and reclamation of the site in accordance with the decommissioning plan.

            vi.   The township shall have access to surety, for the expressed purpose of completing decommissioning, if decommissioning is not completed by the owner(s)/operator within 12 months of the end of the project life or facility abandonment as defined.

            vii.   The township is granted right of access to the site, pursuant to reasonable notice, in the event that decommissioning is not completed by the owner(s)/operator within 12 months of the end of the project life or facility abandonment as defined.

         g.   Required information. The following additional information shall be required with any site plan submittal:

            i.   Evidence of ownership or control of the property on which the solar energy system is to be located.

            ii.   A copy of the agreement with the utility company that will be purchasing the electricity generated by the solar energy system .

   RR.   Keeping of farm animals on non-farm parcels or lots.

      1.   Introduction. Certain farm animals may be kept on non-farm parcels or lots as an accessory to a principal permitted single family residential use, subject to the regulations in this section.

         a.   The regulations in this section apply to non-farm parcels or lots that are three acres or smaller in areas zoned One Family Residential (R-1), Suburban Residential (R-1-S), Rural Residential (RR), Rural Estates (RE), Agricultural Small Farms (AG-SF), and Commercial Agriculture (AG-C).

         b.   The regulations in this section shall not apply to the keeping of farm animals on a farm operation that is on a parcel that is greater than three acres in area zoned Commercial Agriculture (AG-C), Agricultural Small Farms (AG-SF), Rural Estates (RE), or Rural Residential (RR), where keeping of farm animals is permitted in compliance with the Michigan Right to Farm Act and the Generally Accepted Agricultural and Management Practices (GAAMPs) promulgated therein (see subsection L, Farms). The regulations in this section also shall not apply to the keeping of horses in a stable or riding arena, pursuant to subsection AA.

         c.   Williamstown Township recognizes the many benefits of locally grown and produced agricultural products. The adoption of these regulations is intended to legalize, but more importantly, encourage residents to raise small farm animals in a responsible manner.

         d.   These regulations are further intended to complement the sensible agricultural practices taught by the Future Farmers of America (FFA), 4-H, and similar organizations. Notwithstanding the requirements set forth herein, animals that are part of a documented FFA or 4-H program may be kept on non-farm parcels or lots, provided that a minimum parcel or lot size of two acres shall be required for animals exceeding 175 pounds.

         e.   Existing facilities regulated by these regulations are subject to the nonconforming use provisions in Article 3.00 of the Zoning Ordinance, provided that the facilities comply with the sanitary and nuisance requirements in item 5, following.

      2.   Purpose. The regulations in this subsection are intended to establish the conditions under which certain farm animals may be kept in semi-urban residential areas of Williamstown Township. Some residents on non-farm parcels or lots wish to raise their own food because of a desire for healthier dietary practices, community sustainability and resilience, and greater access to safe and healthy food options. Concerns about disease and pestilence exist when farm animals and people live in proximity. Nuisance concerns also exist, due to odors, noises, and other impacts associated with ffarm animals . The regulations in this subsection are intended to address these concerns, allow agriculture on residential parcels and lots, and minimize social conflict and public health impacts.

      3.   Private, non-commercial use. Livestock and poultry kept and maintained under this subsection shall be for private, non-commercial use only.

      4.   Definitions. For the purposes of this subsection, the following definitions shall apply:

         POULTRY. Domesticated fowl collectively, especially those valued for their meat and eggs, such as chickens, turkeys, ducks, geese, and guinea fowl.

         SMALL FARM ANIMAL. A domesticated animal that is kept for the purpose of a farm product or service to humans and does not exceed a mature weight of 175 pounds. Small farm animals include, but are not limited to goats, miniature pigs, sheep, and rabbits.

      5.   Sanitary requirements; nuisances. It is unlawful and shall be considered a nuisance for any person to keep or maintain, or allow to be kept or maintained, upon any premises owned, controlled, or occupied by the person, any livestock and poultry that are in foul, obnoxious, malodorous, or filthy conditions or that may become detrimental to the public health, safety and welfare. All places where livestock and poultry are kept shall be maintained in sanitary condition and shall be cleaned as often as necessary to avoid being a nuisance.

      6.   Zoning permit required. A person intending to keep any of the farm animals cited in this subsection RR on a non-farm parcel or lot shall obtain a zoning permit from the Township prior to acquiring the animals. By signing the permit application, the applicant attests that he/she will abide by all the regulations contained herein for as long as the farm animals are kept. Enforcement related to a permit shall be predicated on a finding that there has been a specific violation of these regulations or that keeping of farm animals has created a nuisance. A zoning permit for the keeping of farm animals shall not be transferrable from one property owner to another.

      7.   Applicability of private restrictions. Notwithstanding the regulations set forth in this subsection, private restrictions on the use of property for keeping of farm animals shall remain enforceable. Private restrictions include, but are not limited to, deed restrictions, restrictions in condominium master deeds and bylaws, subdivision association bylaws, and covenant deeds. The interpretation and enforcement of private restrictions is the sole responsibility of the private parties involved.

      8.   Poultry. The keeping of poultry is permitted, subject to the following regulations:

         a.   Gender. Only female poultry (hens) shall be kept on non-farm parcels or lots. For example, keeping of mature roosters is prohibited.

         b.   Number of hens. The following chart indicates the maximum number of hens permitted on a parcel or lot:

 

Size of Parcel or Lot	Maximum Number of Hens
Less than ½ acre	6
½ acre to 1 acre	12
Each additional ½ acre	Up to 6

 

         c.   Location and setbacks.

            i.   In the R-1, R-1-S, and RR districts, facilities and structures related to the keeping of poultry shall be located to the rear of the residence.

            ii.   Coops and pens in all districts shall comply with the following setbacks:

               Coops and pens shall comply with the minimum front yard setback requirements for principal structures specified in the Schedule of Regulations, § 28.02.

               Coops and pens shall be set back a minimum of 30 feet from side and rear property lines.

               Coops and pens shall be set back a minimum of 50 feet from any building on an adjacent property used as a dwelling.

               Coops and pens shall be set back a minimum of 20 feet from the applicant's residence.

            iii.   Manure storage facilities shall be located to the rear of the residence and set back a minimum of 50 feet from all property lines.

         d.   Coop and pen design. A coop (also called a henhouse) is a completely enclosed structure that provides shelter for chickens or other poultry. A pen is a fenced enclosure, typically attached to the coop, that is mostly open to the elements, that allows the chickens or other poultry to leave the coop while remaining in a predator safe environment. The coop and pen shall comply with the following specifications:

            i.   Materials. Coops and pens must be constructed of durable, weather-resistant materials. The use of corrugated metal or fiberglass, sheet metal, plastic tarps, scrap lumber, or similar materials that would detract from the appearance of the property and neighborhood shall be prohibited.

            ii.   Elevation of structures. The coop shall be designed to prevent rodents or other animals from being harbored underneath, inside, or within the walls of the structure. One method of achieving this is by elevating the coop at least 18 inches above grade.

            iii.   Coop features. Coops shall have a roof and doors that can be tightly secured. They shall be readily accessible for cleaning. They shall be properly ventilated and have adequate sunlight.

            iv.   Coop and pen size. Each bird must have a minimum of three square feet of space in the coop and ten square feet in the pen.

            v.   Pen height. If the pen is not covered, then it must be at least 42 inches in height and the birds' wings must be clipped to prevent them from leaving the pen.

            vi.   Cleaning requirements. Coops and pens shall be cleaned regularly to prevent accumulation of food, fecal matter, and nesting material that would create a nuisance or unsanitary conditions due to odor, vermin, debris, or decay.

         e.   Additional regulations.

            i.   Feed storage. Feed shall be stored in sealable containers to prevent access by rodents or other animals.

            ii.   Containment. Poultry shall be always kept inside a pen and must be shut in their coop from sunset to sunrise.

            iii.   Sales. Selling of poultry on-site is prohibited.

            iv.   Slaughtering. Slaughtering of poultry shall be conducted in a fully enclosed building.

            v.   Removal of dead poultry. Dead poultry and waste eggs shall be promptly bagged and disposed of.

            vi.   Manure storage and removal. Stored manure shall be placed in a fully enclosed container. No more than three cubic feet of manure shall be stored. All other manure not used for composting or fertilizing shall be removed from the site.

      9.   Small farm animals (other than poultry). The keeping of small farm animals on non-farm parcels or lots is permitted, subject to the following regulations:

         a.   Non-commercial use. The keeping of small farm animals on non-farm parcels or lots shall be for non-commercial use only. Consequently, milk producing, cheese producing, yogurt making, soap making, baby formula making, or fertilizer production for commercial use or sale is prohibited.

         b.   Minimum open space. Except for rabbits, a minimum of one acre of open space or pasture is required to keep any small farm animals.

         c.   Number of small farm animals. No more than six small farm animals shall be permitted per acre of open space or pasture, except that up to ten rabbits of breeding age shall be permitted per acre. Additional small farm animals are permitted for weaning under subitem d, Breeding. No fewer than two goats shall be kept on a parcel or lot.

         d.   Breeding. Small farm animals may be bred if all the following conditions are met:

            i.   Time limits. Young animals shall be kept for no more than 60 days after birth to allow for weaning from the mother.

            ii.   Reduction in number. Small farm animals exceeding the number allowed in subitem c may not be kept more than 60 days after the day they are born.

            iii.   Buckling goats. Buckling goats shall be separated from female goats six weeks after birth. Any buckling being permanently retained shall be made a wether (a castrated male goat) and dehorned in no more than seven weeks after birth.

         e.   Location and setbacks.

            i.   In the R-1, R-1-S, and RR districts, facilities and structures related to the keeping of small farm animals shall be located to the rear of the residence.

            ii.   Shelters and pens in all districts shall comply with the following setbacks:

               Shelters and pens shall comply with the minimum front yard setback requirements for principal structures specified in the Schedule of Regulations, § 28.02.

               Shelters and pens shall be set back a minimum of 30 feet from side and rear property lines.

               Shelters and pens shall be set back a minimum of 50 feet from any building on an adjacent property used as a dwelling.

               Shelters and pens shall be set back a minimum of 20 feet from the applicant's residence.

            iii.   Manure storage facilities shall be located to the rear of the residence and set back a minimum of 50 feet from all property lines.

         f.   Shelter and pen design. A shelter is an enclosed structure that provides protection for the small farm animals from the elements and predators. A pen is a fenced outdoor enclosure, typically attached to the shelter, that allows the small farm animals to leave the shelter while remaining in a predator safe environment. The shelter and pen shall comply with the following specifications:

            i.   Materials. Shelters and pens must be constructed of durable, weather-resistant materials. The use of corrugated metal or fiberglass, sheet metal, plastic tarps, scrap lumber, or similar materials that would detract from the appearance of the property shall be prohibited.

            ii.   Shelter features. Shelters shall have a solid roof and shall be designed to secure the animals. They shall be readily accessible for cleaning.

            iii.   Shelter and pen size. Shelters and pens shall comply with the size requirements in the following chart:

 

	Shelter Size (per animal)	Pen Size (per animal)
Goat	Doe and kid: 18 sq. ft.; Wether: 15 sq. ft.	250 sq. ft.
Pig	Market pig: 9.1 sq. ft.; Sow with litter: 35 sq. ft.	250 sq. ft.
Sheep	Market lamb - 45 - 65 lbs: 7.5 sq. ft.; 65 - 90 lbs: 9 sq. ft.; 91 - 110 lbs: 11 sq. ft. Ewe: 14 - 20 sq. ft.	250 sq. ft.
Rabbit	Small breed: 1.5 sq. ft.; Large breed: 5.0 sq. ft.	Not applicable

 

            iv.   Pen features. The pen must be constructed in a way to prevent animals from getting out. The pen must be accessible by the animals from their shelter when they are not secured in the shelter.

            v.   Cleaning requirements. Shelters and pens shall be cleaned regularly to prevent accumulation of food and fecal matter, that would create a nuisance or unsanitary conditions due to odor, vermin, debris, or decay.

            vi.   Prohibited containment. Small farm animals may not be kept in a residence, porch, or attached garage.

         g.   Additional regulations.

            i.   Male goats (bucks). No male goats, also called bucks, shall be kept.

            ii.   Hay and grain storage. Hay shall be stored to prevent mold or excess moisture in the hay. Grain shall be stored in sealable containers to prevent access by rodents or other animals.

            iii.    Containment. Animals shall be kept inside a pen at all times and must be kept in their shelter from sunset to sunrise.

            iv.   Slaughterin g. Slaughtering of small farm animals is prohibited on non-farm parcels, except in the following instances:

               a)    Where slaughtering on-site is required by a legitimate, verifiable religious practice, in which case the slaughtering shall be conducted in a fully enclosed building; or

               b)    Where slaughtering on-site is required to alleviate the suffering of an injured animal.

            v.   Manure storage and removal. Stored manure shall be placed in a fully enclosed container. No more than three cubic feet of manure shall be stored. All other manure not used for composting or fertilizing shall be removed from the site.

            vi.   Removal of dead animals. Dead animals shall be disposed of within 24 hours after death, following procedures cited in the Bodies of Dead Animals Act, Michigan Public Act 239 of 1982, as amended.

      10.   Bees. The keeping of bees is permitted, subject to the following regulations:

         a.   Hives. Honeybee colonies shall be kept in hives with removable combs that are capable of being inspected.

         b.   Hive density. The following chart indicates the maximum permitted density of honeybee colonies relative to parcel or lot size:

 

Size of Parcel or Lot	Number of Colonies Permitted
Up to ¼ acre	2
More than ¼ acre, less than ½ acre	4
More than ½ acre, less than ¾ acre	6
1 acre or more	**

**On parcels or lots larger than one acre there is no limit on the number of colonies if either of the following conditions exist:

               i.   All hives are situated at least 50 feet in any direction from all property lines of the parcel or lot.

               ii.   All adjoining property within a 100 foot radius of any hive is undeveloped (has no structures or facilities for human use or occupancy).

         c.   Hive location. Hives shall comply with the following location requirements:

            i.   Minimum setback. Hives are not permitted within 30 feet of any lot line and occupied buildings.

            ii.   General location requirements. Hives shall be located in a quiet area of the lot or parcel, away from roads, sidewalks, and public rights-of-way.

            iii.   Flyway barrier. When placing hives on lots less than an acre in size or in locations within 200 feet of the developed portion of any property, a solid fence, wall, or dense vegetative barrier shall be erected to prevent a direct line of flight from the hives into neighboring properties. The barrier shall start at the ground, be a minimum of six feet in height and shall extend beyond the direct line of sight from the entrance of the hive to the neighboring property.

            iv.   Hive entrance. Hive entrances shall be oriented so that bees fly across the beekeeper's property.

         d.   Provision of water. Where adequate fresh water from a nearby pond or stream is not available, a water source shall be provided that will be available throughout the active flight season, so that the bees do not fix on neighborhood swimming pools, bird baths, or pet water sources.

         e.   Beekeeper's responsibilities. If a hive becomes defensive or exhibits unusually aggressive characteristics, the beekeeper shall determine the cause and requeen with gentle stock if necessary. Beekeepers should perform hive manipulations when neighbors are not working or relaxing outdoors. Hive manipulations shall be performed as quickly as possible, with minimum disturbance to the bees. Extended hive manipulations, particularly removing honey, should be planned to accommodate neighbors' outdoor activities.

   SS.   Event barns.

      1.   Site plan and special land use approval.

         a.   Event barns shall require site plan and special land use review and approval, pursuant to §§ 29.02 and 29.03.

         b.   The initial special land use approval shall be limited to one year. Following the initial year of operation, the applicant may apply to the Township Board for continuation of special land use approval for an additional three year period. Township Board  may grant approval for an additional three years if it finds that the event barn is in full compliance with all section requirements. In considering the request for approval, the Township Board  shall also consider complaints about the event barn received at the Township Hall or by the Meridian Township Police.

         c.   If the initial year of operation is completed to the satisfaction of the Township Board such that the Township Board  approves continuation of special land use approval, then the applicant may request an increase in the permitted frequency of events (see item 22, following).

         d.   Following the fourth year of operation, the applicant may apply to the Township Board for ongoing special land use approval, provided that the event barn remains in full compliance with all section requirements and that there are no unresolved complaints about the event barn.

      2.   Health Department approval. The septic system, water supply well, and kitchen facilities shall be subject to approval by the Ingham County Health Department prior to final Township approval.

      3.   Emergency service agencies approvals. NIESA inspection and approval shall be required prior to final Township approval, pursuant to the current adopted Fire Code. NIESA shall be requested to establish a maximum occupancy load for the facility, determine if the facility must be sprinkled, and approve the fire access route to the event barn and within the site. Emergency access routes shall be durable all-season driveways that remain unobstructed during events.

         Event barns shall also be subject to review and approval by the Meridian Township Police.

      4.   Building Inspector approval. All buildings and improvements shall be subject to inspection by the Williamstown Township Building Inspector. Event barns shall comply with the regulations in the current adopted Michigan Building Code covering Assembly Group A, including but not limited to the regulations dealing with egress in Section 1029 of the Building Code. Following approval of a site plan for an event barn, the applicant shall apply for a building permit, pursuant to § 29.02(D)(8) of the Zoning Ordinance.

      5.   General public excluded. Food service and other event barn facilities shall be made available only to patrons of scheduled events; such facilities shall not be open to the general public. This regulation is not intended to prevent agricultural tourism operations and sale of farm products to the general public, which may be permitted under § 8.02(OO) of the Zoning Ordinance.

      6.   Number of event barns. No more than one event barn shall be permitted per parcel.

      7.   Minimum lot area. Event barns shall not be permitted on parcels that are less than 40 acres in size.

      8.   Transportation and access. Event barns shall have access to a paved county primary road or to Grand River Avenue (M-43). Event barns that have access to Grand River Avenue (M-43) shall require approval by the Michigan Department of Transportation (MDOT). Event barns that have access to county primary roads shall require approval by the Ingham County Road Department (ICRD). Driveways for ingress and egress shall also be subject to review and approval by the Planning Commission and the Northeast Ingham Emergency Services Authority (NIESA).

         A Transportation Impact Analysis (TIA) shall be required prior to the approval of any event barn. The TIA shall be prepared by a traffic or transportation engineer who has a minimum of three years of experience preparing TIAs. The TIA shall be based on accepted engineering standards and methods established by the Institute of Transportation Engineers, Michigan Department of Transportation, and Ingham County Road Department.

         The TIA shall contain the following elements, at minimum:

         a.   Description of the project.

         b.   Existing traffic conditions within the impact area of the project, such as, but not necessarily limited to the number of lanes and right-of-way of each road impacted by the project, a.m. and p.m. peak traffic counts, Average Daily Traffic (ADT) counts, and accident history within 500 feet of the site.

         c.   Projections, using maps and narrative to estimate the impact of the proposed project on traffic.

         d.   Analysis of data collected, including at minimum:

            i.   Analysis of the impact of the projected traffic on the capacity of roads serving the event barn.

            ii.   A gap study to analyze the frequency and duration of gaps in the flow of traffic.

            iii.   Maps and narrative to analyze access (location and design of proposed access driveways, sight distance limitations, distance to existing adjacent driveways and intersections, etc.).

         e.   Mitigation measures needed to accommodate the projected traffic generated by the event barn.

      9.   Parking. One off-street parking space shall be provided per three people, based on the occupancy load of the building. Parking areas shall comply with the following setbacks:

 

Minimum setback from road right-of-way	75 ft.
Minimum setback from side or rear property lines	100 ft.

 

         Parking in the road or road right-of-way is prohibited.

         Parking shall comply with applicable requirements in § 4.01 of the Zoning Ordinance. However, the Planning Commission may waive the requirement for parking lot paving, upon making the determination that a gravel surface will be adequate to handle the anticipated level of traffic. In making such a determination, the Planning Commission shall consider the types of vehicles anticipated (e.g., volume of bus traffic, size and weight of vehicles, etc.). If paving is not required, then the site plan shall include a commitment to provide dust control. All parking areas shall be clearly defined by gravel, wheel stops, fences, and/or other visible markings.

         Compliance with the barrier-free parking requirements in § 4.01(C)(6) shall be required. Barrier-free spaces and side aisles shall be paved, even if the remainder of the parking is gravel surfaced.

      10.   Overnight use. Overnight accommodations and parking are prohibited.

      11.   Alcoholic beverages. Alcoholic beverages may be served for on-premises consumption during scheduled events, but only if the alcoholic beverages are sold pursuant to properly obtained license(s) from the Michigan Liquor Control Commission and sold in a manner compliant with the MLCC's rules and regulations.

         The person(s) responsible for serving the alcoholic beverages shall be identified. A copy of the MLCC license(s) shall be submitted to the township prior to any event at which alcohol will be served.

      12.   Building design. Any new building constructed to be used as an event barn shall emulate the architectural features of an historic agricultural building, as described in the Michigan Barn and Farmstead Survey Manual published by Michigan State University. For example, appropriate event barn roof shapes include gable, gambrel, gothic, ogee, round, monitor, and hip. Typical accessory barn features include cupolas, dormers, lightning rods, ventilators, and weathervanes. The architectural design of any ancillary buildings shall emulate the architecture of the main building.

      13.   Screening and landscaping. Event barns shall comply with the screening and landscaping requirements for Non-Residential Uses in a Residential or Agricultural District (§ 5.03 (C)). Generally, required screening shall be located along the property line (rather than next to the event barn). The Planning Commission and Township Board may require additional landscaping, beyond the requirements in § 5.03(C), to achieve adequate screening and to mitigate potential impacts on surrounding properties and on the visual character of adjacent public road corridors. Plantings and berms shall be laid out to shield vehicle lights from shining on adjacent residences.

      14.   Setbacks. Event barns, including outdoor gathering areas, shall comply with the following setback requirements:

 

Minimum setback from road right-of-way	75 ft.
Minimum setback from side or rear property lines	300 ft.

 

      15.   Lighting. Parking areas, sidewalks, and outdoor areas used after dark shall be adequately lit. Exterior lighting shall comply with the requirements in § 2.12. Exterior lighting must be turned off at the conclusion of the event, except where needed for clean-up or tear down after the event.

      16.   Permitted months of operation. Event barns shall be permitted to operate only between May 1 and October 31 of each year.

      17.   Hours of operation. Events shall not start before 9:00 a.m. or extend beyond 9:00 p.m. Set-up operations shall be completed within these hours but tear down operations may extend to 10:00 p.m.

      18.   Noise and other nuisances. Event barn activities shall comply with the requirements in the Blight Control Ordinance and the Performance Standards in Article 9 of the Zoning Ordinance with respect to noise and other nuisances. Amplified music and voice are permitted indoors only, provided that the level of sound emitted from the event barn does not exceed normal conversation when measured at or within the property boundary of the receiving district, i.e., 55 dBA.

      19.   Signs. Signs shall comply with the requirements for agricultural seasonal events in the table in § 7.05(C).

      20.   Residential dwelling requirement. An event barn shall be permitted on a parcel only if the parcel is also occupied by an owner-occupied residential dwelling , which is occupied as a principal residence by the title holder, including the entire time that the event barn is in operation.

      21.   Attendance limits. Event barns shall limit attendance at any wedding or other event to 150 people, not including staff and vendors.

      22.   Permitted frequency and duration of events. An event barn shall hold no more than two events per month and no more than one event per week. No event shall last longer than one day. The proprietor of the event barn shall maintain a log of events held for review by the township. The log shall record date and purpose of the event, number of attendees, and whether alcohol was served.

      23.   Minimum open space. A minimum of 33% of any parcel occupied by an event barn shall be reserved as undeveloped open space or farmland, which shall comply with the following requirements:

         a.   Exclusions. Reserved open space shall not include the area of any public road or road right-of-way, the area of any easement providing access to the site, the area of any outdoor gathering area, the area of any conventional storm water retention or detention basin, and any area used for off-street parking.

         b.   Open space objectives. Open space shall be located on the site to meet the following objectives:

            i.   To preserve distinctive natural features, wooded areas, and rural features.

            ii.   To preserve farmlands.

            iii.   To minimize impact on wetlands, streams, and other sensitive environmental features.

         c.   Reservation of open space. Required open space shall be permanently protected by the property owner with a recordable instrument that assures that the open space will remain undeveloped or will be farmed for the entire time that the event barn is in operation. This can be accomplished, by way of example, through a deed restriction, or an irrevocable conveyance, such as a conservation easement or restrictive covenant that runs with the land, whereby development rights are conveyed to a land conservation organization or other public body. Evidence that this document has been recorded with the Ingham County Register of Deeds shall be provided to the township prior to issuance of any permits to commence construction.

      24.   Performance guarantee and cost recovery. To ensure compliance with the requirements in this subsection RR and any conditions of approval, the Planning Commission or Township Board shall require that a performance guarantee be deposited with the township, pursuant to § 2.18 of the Zoning Ordinance.

      The owner of the event barn shall be liable for the expense of police or other enforcement action by township-authorized personnel when there is a documented violation of this section. The "expense of police or other enforcement action" means the direct and reasonable costs incurred by Williamstown Township when personnel acting on behalf of the township respond to the violation. These costs include all salaries and wages of personnel responding to the violation, all salaries and wages of personnel engaged in investigation and report preparation, and all costs related to any prosecution of the person causing the violation.

      25.   Additional site plan and special land use requirements. In addition to the information required in §§ 29.02 and 29.03 for site plan and special land use review, the following information shall be included with an event barn application:

         a.   The planned frequency of events and the maximum number of attendees to be accommodated at any single event.

         b.   Months of operation.

         c.   Delineation of all portions of the parcel to be part of the event barn operation, including parking areas and outdoor gathering and activity areas.

         d.   Food preparation facilities that are to be part of the event barn.

         e.   Delineation on the site plan of permanently protected open space, pursuant to the preceding subsection 23.

(Ord. passed 7-9-2013; Ord. 55, passed 7-9- 2014; Ord. 56, passed 8-13-2014; Ord. 57, passed 4-8-2015; Ord. passed 6-13-2018; Ord. passed 12-12-2018; Ord. passed 6-12-2019; Ord. passed 12-9-2020; Ord. passed 3-9-2022; Ord. passed 12-14-2022; Ord. passed 2-8-2023)