ARTICLE 11- BUSINESS COMMERCIAL-INDUSTRIAL DISTRICT (BC-I)

The Business Commercial-Industrial District is designed to meet the Township needs in shopping, business sales and light industrial uses.

.1 Retail sales business where no assembling, treatment or manufacturing is required.

.2 Offices.

.3 Banks, building and loan associations, and other lending institutions.

.4 Funeral parlors.

.5 Restaurants, including drive in restaurants.

.6 Essential public utility services.

.7 Indoor theaters.

.8 Hotels and motels.

.9 Barber shops and beauty parlors.

.10 Shoe repair shops.

.11 Churches.

.12 Accessory buildings and uses customarily incidental to any of the foregoing, not including any manufacturing or treatment activities.

Residential use of a building or a portion thereof, provided the residential area is separated from the business by a fire resistant wall.

Residential use of any kind, except for a residence associated with the business activity, in the same building conforming to ARTICLE 11.3.1.

.2 Within the BC-I District, no building or premises shall be used for any use not already stated in this Article of the Ordinance.

The following requirements shall be complied with.

.1 Off-street parking shall be provided. It must conform with ARTICLE 6.4

.2 Signs and billboards shall meet the provisions of Article 7.

.3 Front Yard: There shall be a front yard of at least 20 feet and the setback line shall be established in accordance with the provisions of ARTICLE 4.9

.4 Side Yard: There shall be at least one side yard of 10 feet, except where a paved public right-of-way provides access to the rear yard, no side yard is required. Where there is no paved public right- of-way, a side yard shall be provided along said zone line or street right-of-way. No side yard provided shall be less than 10 feet wide and no access drive shall be less than 16 feet wide.

.5 Rear Yard: There shall be a rear yard of at least 25 feet, provided where a rear lot line adjoins a Residential District or a street right-of-way line, a rear yard of at least 35 feet shall be required.

.6 Lot Width: No lot shall be less than 60 feet at the building line.

.7 Outdoor Storage: Outdoor storage is permitted only in the side or rear yards and shall be no closer than 60 feet to any property line and no closer than 10 feet to any street right-of-way line. All materials, products, goods, or objects stored outdoors for more than seven (7) days shall be properly screened with materials suitable for the purpose, soil, earth, debris, rocks, sand, gravel, or similar materials may not be used for screening. Screening shall be plumb and level and kept in good repair. Stored materials, products, goods, or objects shall not be visible from outside the storage area. Screening is required if materials are for sale or not for sale.

(a) Screening is not required for materials, products, goods, or objects that are for sale that would normally be used or kept outdoors. This exemption from the screening does not apply to materials, products, goods or objects that are not normally or properly stored or sold by the business on the parcel.

No Zoning Compliance Permit shall be issued for any new or relocated structure, addition to a structure or parking area, until a plan has been reviewed and approved by the Zoning Administrator. Approval shall be subject to the following conditions:

.1 To provide convenient and safe automobile circulation and parking area.

.2 To insure adequate visual sight distances.

.3 To minimize conflicts of traffic movement on public streets.

.4 To insure the safety, convenience, and well-being of adjoining property owners.

Industrial uses may be permitted in the BC-I District if a Special Land Use permit is granted under Article 15 and the use meets the described provisions.

These uses require a SPECIAL LAND USE PERMIT which can be obtained by following the procedures set forth in ARTICLE 15.

.1 Automatic dry Cleaning or laundry facilities.

.2 Bait houses.

.3 Gasoline Stations

.4 Automobile repair garages.

.5 Automobile sales areas.

.6 Mining operations.

.7 Indoor commercial recreation facilities.

.8 Light industry

.9 Lumber processing or woodworking.

10 Planned Unit Development as controlled by Article 15 and 18.

This district is intended in part to conserve the rural open space qualities of the community and to allow low-density residential development in areas where soil conditions and topography permit. Furthermore, this district will continue to preclude for an extended period, more intensive development. It is further intended for this district to conserve large tracts of land suitable for agricultural and other specialized rural uses and to promote harmony between these uses and residences and the uses permitted in adjacent districts. The low-density mixture of uses permitted in this zone is designed to minimize any negative impact such development may have on the Township's natural environment.

The Rural Agricultural Residential District is further intended to ensure that lands uniquely suited for the production of food and fiber within the Township are retained for agricultural purposes and that open spaces are maintained.

The right to farm is hereby recognized as an inherent right in the RAR District. This right includes the right to conduct farming operations such as growing, harvesting, planting, and storing farm crops and to keep, graze, feed, and slaughter farm animals and fowl. Potential residents must recognize that they may encounter the sights, smells and sounds of these activities if they choose to move into the RAR District.

This District is intended primarily to conserve and protect appropriate Township lands for farming, rural residential, agricultural and recreational uses. Hunting uses must conform with DNR regulations. Low density single family residential use and institutional public uses will be permitted. The following uses are permitted therein:

.1 Farms as defined by this Ordinance, carrying on general or specialized farming operations provided that where animals or fowl other than domestic pets are kept, they shall be properly housed and fenced so as not to become a public nuisance or adversely affect the health and welfare of adjacent property owners. The grazing of animals shall be permitted to the limits of the owners property providing that adequate fencing is maintained.

.2 One residence on each lot used as a single dwelling including modular, sectional or mobile homes on permanent foundations, skirted and meeting all building code requirements.

.3 Institutional uses and essential services as permitted in ARTICLE 4.8

.4 Accessory uses that are customarily incidental to any permitted principal use as long as such accessory uses do not create a nuisance which adversely affects a legal use of adjoining premises.

(a) Home occupations when conducted within the dwelling.

(b) Keeping not more than two (2) boarders or roomers by a resident family.

(c) One unlighted name-plate or professional sign not over two (2) feet square in area for each permitted structure.

(d) Temporary living quarters for persons employed on the premises and not rented or otherwise used as a separate dwelling.

.5 Signs as regulated by ARTICLE 7.1

.6 Off-street parking as required by ARTICLE 6.5.

.7 Transitional uses as provided in ARTICLE 4.22.

.8 Roadside stands for the sale of home grown or home produced products.

.9 Kennels, Private as defined by this Ordinance.

.10 Stables, as defined by this Ordinance.

Additional dwellings are permitted on farms provided that:

.1 Arrangements for a safe water supply and sewage disposal shall be in conformity with and approved by the County Health Department.

.2 Said use shall not be construed to permit the sale of land to the occupant.

.3 Provided the principal dwelling is occupied.

.4 The additional dwelling must meet all height, area, front, rear and side yards as specified in 12.6.

.5 No additional dwellings shall be erected until a Special Land Use Permit is granted as described in Article 12.7.

The use of a mobile home as a second dwelling on a parcel for a family relative of the owner is permitted provided that:

.1 Said mobile home shall be no closer than 50 feet to the rear line of the principal dwelling on the premises, nor closer than 50 feet to any barn or other accessory structure or to any lot line of adjoining parcel.

.2 Arrangements for a safe water supply and sewage disposal shall be in conformity with and approved by the County Health Department.

.3 Said temporary use shall not be construed to permit the sale of the parcel of land.

.4 Provided principal dwelling is in year around occupancy by the owner.

.5 Said temporary use shall only be permitted through a yearly permit granted by the Township Board.

(a) Said permit shall be renewed after each 12 month period.

.6 After said temporary use is terminated (unoccupied for a period of sixty (60) days) the mobile home must be removed from premises.

(a) Removal shall constitute discontinuance of said temporary use and will require reapplication for resumption of said temporary use.

Within any RAR District, no building or premises shall be used for any use not already stated in this Article of the Ordinance.

The following Height and Area regulations shall be complied with:

.1 Height: No building shall exceed a maximum of two and one-half (2 1/2) stories or 35 feet in height, whichever is the lesser; provided that the Height Exceptions of ARTICLE 4.16 shall apply.

.2 Front Yard: There shall be a front yard of not less than 30 feet. The starting point for measuring shall be as described in 4.9.

.3 Side Yard: There shall be side yards. No side yard shall be less than 30 feet.

.4 Rear Yard: There shall be a rear yard of at least 30 feet.

.5 Lot Area: There shall be a lot area of at least five (5) acres, or 217,800 square feet.

.6 Lot Width: The minimum width at the front setback line shall be 198 feet.

.7 Floor Area: Dwelling units placed or erected on a parcel in this district after the enactment of this ordinance shall have a minimum gross floor area of seven hundred and twenty (720) square feet.

These uses require a SPECIAL LAND USE PERMIT which can be obtained by following the procedures set forth in ARTICLE 15.

.1 Public utility and service buildings.

.2 Additional single family homes.

.3 Nursing or convalescent homes.

.4 Wildlife reserves.

.5 Hunting preserves.

.6 Animal feedlots and piggeries.

.7 Bed and breakfast inns.

.8 Campgrounds.

.9 Kennels, Public

.10 Earth removal, quarrying, gravel processing, mining and related mineral extraction business.

.11 Solid waste facilities, landfills and recycling centers.

.12 Commercial television and radio towers and public utility microwave or transmitting towers and their attendant facilities.

.13 Planned Unit Development as controlled by Articles 15 and 18.

This zoning district is intended to establish and preserve quiet residential neighborhoods permitting one-family and limited multi-family dwellings. Additional uses that are more intensive but compatible and convenient such as recreation, religious, educational, and group facilities are controlled.

This district is intended primarily for one or two family residential use on lands where urban utilities and services are planned in the future. Only the following uses are permitted:

.1 One or two family residence on each lot, including modular and sectional homes, also mobile home dwellings on permanent foundations, skirted and meeting all building code requirements.

.2 Accessory Uses that are incidental to any permitted principal use.

.3 Raising of animals or fowl for personal use is allowed provided they are properly housed and fenced so as not to become a public nuisance or adversely affect the health and welfare of adjacent property owners.

(a) Nonconforming use farming activity shall be allowed.

.4 Signs as regulated in ARTICLE 7.1.

.5 Off-street parking as required in ARTICLE 6.5.

Uses not described in the SR District Article are prohibited in the SR District. In addition, recreational vehicles, (as defined in Article 9) may be stored, but not occupied in the SR District.

.1 Height: No building shall exceed a maximum of two and one-half (2 1/2) stories or 35 feet in height, whichever is the lesser, provided however, that the height exceptions of Article 4 shall apply.

.2 Front Yard: There shall be a front yard of not less than 30 feet. The starting point for measuring shall be as described in 4.9.

.3 Side Yard: There shall be two side yards totaling as least 35 feet. No side yard shall be less than 15 feet.

.4 Rear Yard: There shall be a rear yard of at least 25 feet.

.5 Lot Area: There shall be a lot area of at least one and one-half acres (1 1/2), or 65,340 square feet.

.6 Lot Width: The minimum lot width at the set-back line shall be 150 feet.

.7 Floor Area: Dwelling units placed or erected on a parcel in this district after the enactment of this ordinance shall have a minimum gross floor area of seven hundred and twenty (720) square feet.

These uses require a SPECIAL LAND USE PERMIT which can be obtained by following the procedures set forth in ARTICLE 15.

.1 Apartment houses.

.2 Private clubs, fraternities and lodges, excepting those of which the chief activity is a service customarily carried on as a business.

.3 Establishments for the retail sale of meals, provided that the same are constructed in appearance as a residence.

.4 Essential public utility service buildings, or gas or electric regulator stations or buildings.

.5 Mobile Home Parks.

.6 Planned Unit Development as controlled by ARTICLE 15 and 18.

.7 Institutional Uses and Essential Services as described in ARTICLE 4.

Portions of the White River and its tributaries within Wilcox Township as shown on the Zoning map referred to in ARTICLE 3.2 of this Ordinance have been designated as a Country-Scenic River District by the Natural Resources Commission pursuant to ARTICLE; E 3 of the Natural River Act; Commission action of June 13, 1975.

It is the purpose of this Article to promote the public health, safety and general welfare, to prevent economic and ecological damages due to unwise development patterns within a Natural River District for the benefit of present and future generations. In order to protect and enhance the Natural River District, and in accordance with the Natural Resources Commission's comprehensive planning for the White River system, the Township of Wilcox does hereby ordain the following as part of the Wilcox Township Zoning Ordinance.

.1 The Wilcox Township Natural River District is that area comprising the White River and its tributaries, its flood plains and lands lying within 300 feet of the rivers edge, as shown on the Natural River Zoning Map included as part of this Ordinance.

.2 This Ordinance shall apply to the Natural River District within the jurisdiction of Wilcox Township.

.3 It is not intended by this ordinance to repeal, cancel or impair any existing easements, covenant or deed restrictions, nor shall this Ordinance permit actions prohibited by other statutes or Ordinances, including zone ordinances, applicable to the Natural River District.

Within the Natural River District, the following uses shall be permitted unless limited or prohibited by other sections of the Ordinance; all other uses may be permitted by the Township Board based on a finding by the Planning Commission following procedures set forth in Article 15.

.1 Single-family home and appurtenances set back at least 150 feet from the water's edge on a lot at least 200 feet wide along mainstream, and set back 100 feet with minimum lot width of 200 feet of tributaries.

(a) Exception: On the mainstream for every foot of bank height above a minimum of seven (7) feet above normal river flow, new structures can be placed five (5) feet closer to the river, to minimum of 100 feet. The same exception may be used on tributaries until a minimum of 75 feet is reached. In no case, however, can buildings be located closer than 50 feet from the top of the bluff on the cutting edge of the mainstream or tributaries.

(b) Front Yards: Lot fronts shall be defined for the purpose of this Article, as the part of any lot nearer the river, lake or tributary.

(c) Side Yard: Side Yards shall not be less than thirty (30) feet in width with the exception of non-conforming lots which shall have a minimum of ten (10) feet from house to lot line and not less than five (5) feet from garage to lot line.

(d) Rear Yard: There shall be a space unoccupied except by an accessory building or use as herein after specifically permitted, extending across the full width of the lot between the rear foundation of any building other than an accessory building, and the rear lot line.

.2 Camping and other recreational activities which do not require the construction of permanent facilities provided such uses are 50 feet from the water's edge.

.3 Operation of non-power watercraft.

.4 Fishing and hunting in compliance with current laws and regulations.

.5 Reforestation.

.6 Underground gas and utility lines.

.7 Surface gas and utility lines on land continuously owned by the utility since January 1, 1971.

.8 Agricultural practices removed at least 50 feet from the water's edge

.9 Operation of licensed motor vehicles on public roads.

.10 Disposal fields and septic tanks more than 4 feet above the mean annual high water table that are set back at least 100 (one hundred) feet from the waters edge.

.11 Floor Area: Dwelling units placed or erected on a parcel in this district after the enactment of this ordinance shall have a minimum gross floor area of seven hundred and twenty (720) square feet.

.1 A restricted cutting belt 50 feet wide on each side of the stream shall be maintained on the White River mainstream and designated tributaries. Trees and shrubs may be pruned for a filtered view of the river upon approval by the local Zoning Administrator, but clear cutting in the natural vegetation strip is prohibited. The natural vegetation strip is also subject to the following provisions:

(a) Dead, diseased, unsafe, or fallen trees and noxious plants and shrubs, including poison ivy, sumac and poison oak may be removed.

(b) Selective removal or trimming of trees for timber harvest, landscaping, or public utility facilities is permitted upon approval of the local Zoning Administrator.

.1 Special Land Use Permits may be granted to allow uses in Natural River Districts that are not specifically permitted by ARTICLE 4, or which are nonconforming uses according to ARTICLE 5, where implementation of such uses will not contravene the purpose of this Ordinance as specified in ARTICLE 1.

.2 Application for such Special Land Use Permit shall be made on forms provided by the Township Clerk.

.3 The Township Clerk will forward the application for the Special Land Use Permit to the Planning Commission. The Planning Commission may at any time prior to rendering a decision thereon, require the applicant to furnish such of the following information as is deemed necessary by the Planning Commission for determining the suitability of the particular site for the proposed use:

(a) A detailed description of the proposed activity or use, including a site plan.

(b) A plan (surface view) showing elevation or contours of the ground; pertinent structures, fill or storage elevations; size, location, and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply and sanitary facilities.

(c) Photographs showing existing land uses and vegetation upstream and downstream.

(d) Analysis of soil types.

(e) Valley cross-sections showing the stream channel, flood plains, flood-way elevation of adjoining lands areas, with indication of locations of proposed development.

(f) Any other information deemed relevant by the Planning Commission.

.4 In passing upon such application the Planning Commission shall consider all relevant factors specified in this and other sections of this Ordinance, in the light of the purpose set forth in this Article.

.5 The Planning Commission shall require a public hearing to be held regarding the application.

(a) The Planning Commission shall make a recommendation to the Township Board on the application within 15 days after the public hearing. The Township Board shall grant or deny the Special Land Use Permit within 30 days of receiving the recommendation of the Planning Commission.

.6 The Planning Commission shall attach such conditions to the granting of Special Land Use as it deems necessary to further the purpose of the Ordinance.

.7 A Special Land Use shall adhere strictly to the terms of the Special Land Use Permit.

.8 The Office of Planning Services, Department of Natural Resources, shall be advised of any application for Special Land Use and hearings to be held regarding the application.

.1 The lawful use of any land or structure existing at the time of the effective date of this Ordinance may be continued, although such uses do not conform with the provisions of this Ordinance.

.2 Repairs and maintenance work required to keep a non-conforming structure or other use, such as a roadway, in sound condition may be made. Remodeling of nonconforming structures within the confines of the existing foundation shall be permitted.

.3 A Special Land Use Permit may be granted by the Township Board on recommendation of the Planning Commission when a nonconforming building or structure is damaged or destroyed by fire, flood or other means, and it may be restored provided that such restoration is only to the extent of the original structure. The applicant shall supply documentation of the original structure to be reviewed by the Planning Commission, such as photographs, drawings or assessment records. Restoration shall conform to the information provided to and approved by the Planning Commission.

(a) The permit may be denied if the opinion of the Planning Commission or Township Board is that the reconstruction of the nonconforming use would be detrimental to the purpose of the district, or to other uses of the district.

(b) Said damaged or destroyed structures may be declared abandoned by the Township Board and not eligible for repair or reconstruction if one year elapses from date of damage and no request for a special land use permit has been made. The property owner of record shall be notified of the decision and may appeal the declaration of abandonment to the Zoning Board of Appeals within 30 days.

.4 The use of a nonconforming structure or land may be changed to a use of a like or similar character, or to a use conforming to the regulations of the Natural River District.

.5 No nonconforming use of any land or structure may here-in-after be enlarged or extended without the granting of a Special Land Use as provided for in ARTICLE 15.

.6 An enlargement or extension of a nonconforming use of up to 50 percent of the land area or the floor area of a residential structure or public accommodation providing overnight facilities may be approved by the Township Board, with advice of the Planning Commission, providing that:

(a) The land upon which it is situated is not subject to flooding.

(b) The continued use of the nonconforming use would not lead to bank erosion or other material degradation of the river resource.

(c) A minimum of six (6) feet between finished grade and the mean annual high water table can be met. The owner shall submit to the Planning Commission for its approval a detailed description of the proposed enlargement or extension together with a site plan showing the location of all new structures and/or uses for their approval.

(d) The owner shall submit to the Planning Commission for its approval a detailed description of the proposed enlargement or extension together with a site plan showing the location of all new structures and/or uses for their approval.

.7 Substitution of nonconforming structures with new structures may be made, but the granting of a Special Exception Permit is required to ensure that such changed uses will conform, as closely as possible, to this Ordinance.

.8 If the owner or lease holder of a nonconforming use clearly manifests his voluntary decision to abandon the nonconforming use, any future use of the site shall conform to this Ordinance.

.9 Property owners may request the Planning Commission to certify the existence of a prior nonconforming use on their property and such certification shall be granted where a use meets the criteria of this Article and the common law criteria of nonconforming uses of the State of Michigan.

Upon a showing that application of the Ordinance to him would be confiscatory and impose unreasonable hardship, an affected property holder within the Natural River District may be granted a variance by the Zoning Board of Appeals provided that:

.1 All provision and procedures applying to Special Land Use Permits shall be applied to applications for variances.

.2 The variance and the conditions attached shall constitute the least possible variation from the terms of this Ordinance necessary to avoid a confiscatory result.

.3 The Zoning Board of Appeals shall consider:

(a) The economic effect of the subject property weighed in light of the applicant's entire holdings, and not merely the portion within the Natural River District; if the subject portion is the remainder of a larger holding, this fact and a description of the title history shall be included in the variance application.

(b) Increase in flood levels and flood damages that may be occasioned by the proposed use at the site and upstream and downstream from the site, water quality consequence, and other factors relevant within the terms of this Ordinance.

(c) Cumulative effects upon the Natural River District from potential development of holdings in a legal position similar to the applicants, should variances be requested and granted for these properties.

(d) Danger of damage by erosion that may be created by the proposed use.

(e) Reasonable alternatives available to the applicant.

(f) All other factors relevant to the purposes and provisions of this Ordinance.

.4 (a) In weighing the application for a variance, consideration of public health, safety and welfare shall prevail, unless private injury is proved by substantial evidence great enough to override the public interest.

(b) No variance shall be granted where the Zoning Board of Appeals determines that the requested use will pose substantial hazard to life or property rights either public or private.

.5 Where, by reason of the narrowness, shallowness or shape of a lot or property, at the time of the effective date of this Ordinance, the lot or property cannot accommodate a building because of the required building setback, variance shall be allowed by the Zoning Board of Appeals only upon a consideration of the factors as specified in this Article. All such variances shall be so placed as to best meet the spirit and objectives of the Natural River Act.

Certain uses will be planned which are not of so general a nature as to warrant their inclusion in any specific District. In other cases a Special Land Use may be mining of minerals or a development of considerable impact. The location of natural resources cannot be determined and defined by establishing zone lines. Certain uses such as industrial, manufacturing or junk yards though necessary, should only be permitted where the best use of surrounding land would not be jeopardized by the presence of such a facility and where their presence will not threaten the public health and general welfare.

Applications for Special Land Use permits shall be made to the Township Clerk. The Clerk will refer requests for permits to the Planning Commission. The Planning Commission shall, upon receipt of the application in proper form, schedule and hold a hearing upon the request preceded by notification to the applicant, the owner of the property proposed for consideration and the owners and occupants of all property within 300 feet of the boundary of the property proposed for consideration as shown by the latest assessment roll. If the name of an occupant is not known, the term "Occupant" may be used in the notice. The notice shall be mailed or personally delivered and published in a local newspaper between 5 and 15 days prior to the hearing. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses, or organizations notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure.

All notices shall describe the nature of the special land use request, indicate the property which is the subject of the special land use request, state when and where the special land use will be considered, and indicate when and where written comments will be received concerning the request.

Approval may be granted and a permit issued by the Township Board if they concur with the findings of the Planning Commission based upon a determination that the following conditions exist:

.1 The use is suitably located in relation to adjoining use. The long range plan for Wilcox Township and the community needs which may be served by the proposed use, shall be considered. Required lot sizes and setbacks for the district shall be maintained.

.2 An unsightly use will be adequately landscaped or screened and at sufficient distance from other property to protect adjoining property rights.

.3 The use shall be listed in the CONDITIONAL USES paragraph(s) of the district in which it is to be located or shall be identified in an Article of this ordinance as requiring a Special Land Use Permit. A use that is not listed may be considered if it is similar to a listed use.

.4 The application shall include the following information:

(a) The name of the owner of the parcel.

(b) The legal description of the parcel.

(c) The name(s) of the person(s) requesting the special use.

(d) A drawing to scale of the parcel showing the location of the use and other pertinent items.

(e) A description of the use and the proposed duration.

(f) Any additional requirements outlined in the following paragraphs for the proposed use.

Gravel pits, borrow pits, including the removal of any soil resources are considered for a Special Land Use permit with the following additional requirements:

.1 Any owner, lessee or other person shall file an application containing the following information:

(a) Location, description and size of the area from which removal is to be made.

(b) Proposed method of removal and equipment to be used in the removal.

(c) Proposed method of restoration of area after removal of resources is completed.

.2 The application shall be accompanied by a map with a description of the parcel indicating all buildings, streets, drainage facilities and natural features within 200 feet thereof, as well as location of drives and any temporary structure to be erected on the premises during the project operation.

.3 Where quantities of earth are to be removed from the parcel, a topographic contour plan of proposed restoration shall be presented with the application. At least 8" of topsoil shall exist over the area that has been excavated. The topsoil shall be at least as good as that found in the surrounding area and shall be able to support the growth of typical grasses and plants grown in the area.

.4 In making a decision the Planning Commission shall determine that the following conditions will be met.

(a) The change in the natural contour of the land during mining operation and at cessation of same shall be maintained as safe for any person having reason to be within the area of mining activities and for all trespassers.

(b) No business or industrial structures or buildings of a permanent nature shall be erected, except when mining activities occur in a Commercial or Industrial District where such buildings are a permitted use.

(c) No truck parking or truck storage shall be located within 50 feet of any adjoining property or within 200 feet from any adjacent residence.

(d) A well maintained wire or painted wooden fence shall be erected on any side adjoining a residential property

(e) No part of the removal shall take place closer than 200 feet to the nearest adjacent residence, or closer than 100 feet to any street or property line or within the Natural River District.

(f) The proposed restoration elevation will be compatible with surrounding areas, and adequate safe guards shall be made to insure proper drainage.

(g) The property will be restored by the replacement of soil and such soil shall be stabilized by appropriate planting within such time as may be deemed reasonable by the Planning Commission.

(h) All truck traffic shall be directed away from residential streets to the extent possible.

(i) All drainage entering any lake or river or their tributaries must be approved by the DNR.

(j) A bond shall be posted by the applicant in an amount sufficient to fund compliance with the conditions stated in the special land use permit.

(k) The permit shall be valid only for a term specified by the Planning Commission and agreed to by the Township Board.

Oil and gas wells including the drilling operations for any underground resources, though not controlled by this Ordinance, shall comply with the following conditions:

.1 No truck parking or storage shall be located within 200 feet of an adjoining residence or within 50 feet of an adjoining property line.

.2 All truck parking or storage shall be directed away from residential streets.

.3 All truck traffic shall be directed away from residential streets to the extent possible.

A fenced junk yard may be considered subject to the following additional requirements:

.1 Requests for such uses shall be referred to the County Health Department for reports upon the effect such use would have upon the surrounding area. A hydrological survey will be completed, and the location of monitoring wells will be established.

.2 If the Planning Commission receives a favorable report from the Health Department, and the hydrological survey is complete, they may proceed with the public hearing as described in 15.1.

.3 In preparing its finding the Planning Commission shall determine that the following conditions exist and will be maintained:

(a) The location shall have preliminary approval from the County Health Department and other public agencies charged with the protection of the general welfare and the resources of the Township.

(b) The site shall be at least 500 feet from any dwelling unit, church, school, public building, public or semi-public place including parks and recreation areas.

(c) The area shall be completely enclosed by a solid, well maintained fence of at least six (6) feet but not to exceed eight (8) feet in height and no material stored within the fenced area shall be visible above said fence.

(d) No dumping of garbage or trash shall be permitted.

(e) The site shall not create a nuisance adversely affecting adjoining properties.

(f) The requirements of Article 15.9.1(g) are complete.

Mobile home parks (hereafter called the facility) require a Special Land Use permit to be located in the SR (Suburban Residential) District. These requirements also apply to Seasonal Mobile Home Parks. The provision of MCL 125.2311 (Preliminary Plan) shall be complied with by the developer documenting the following:

.1 Location:

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

(b) The area of the subject parcel of land stated in acres and fractions of an acre.

.2 A site plan shall be prepared pursuant to Article 23 of this ordinance.

.3 General Description:

(a) A written description of the facility, including number of units, features, general rules of operation and any other information that would be pertinent to the project.

(b) A proposed timetable for completion. If the facility will have a phased construction plan, include an estimate of the phased timing.

.4 Utilities, Water and Sewer:

(a) The provision for water, sewer, electric and gas shall be described. If connection to non township services is required, the developer shall have a plan to implement such connections. The initial and ongoing cost of such services shall be borne by the facility, including service connections across land not part of the facility, such as hydrants, mains, sanitary sewers, storm drains and other associated elements. If there are intervening users that benefit from the extension of such services they may be assessed part of the cost by the Township Board.

.5 Fire Protection:

(a) The developer shall provide a description of the facility to the White Cloud Rural Fire Board and shall request a written opinion from said Board regarding the impact and effect on the services provided by the White Cloud Rural Fire Department. The report shall accompany the application for Special Land Use.

.6 Coordination with governmental units and agencies:

(a) In order to insure cooperation between the governmental units and agencies that must grant approval to the preliminary plan as noted in MCL 125.2311 par. (1) through (7), the developer shall include a statement of units and agencies notified, showing dates and locations of notification. Since each agency or unit may have different preliminary requirements, the statement may summarize the extent of information provided to these agencies.

.7 Special Determination Requirements:

(a) Since the Mobile Home Commission Act allows only 60 days for a determination by the municipality, and requests to the developer for complete preliminary plan information may be required, and the timing for notification and hearing may cause the 60 days to elapse without proper consideration, and if it is certain the 60 days will elapse before the Planning Commission and Township Board can review and act on the application; the Township Clerk shall be authorized to submit a disapproval notice, stating the reason for disapproval to be an incomplete preliminary plan, to the Health Department and Mobile Home Park Commission. If subsequently approval is granted, the Health Department and Mobile Home Park Commission shall be promptly notified by the Township Clerk.

(b) Article 15.11 allows for revocation of the Special Land Use permit. Since the Mobile Home Park Commission has the power to license the facility, the Township shall notify the Mobile Home Park Commission of the revocation of the permit stating the reasons therefore. The licensing power of the Mobile Home Park Commission shall not prevent the Township from collecting any performance guarantee that has been imposed.

The Planning Commission shall not recommend the issuance of such permit unless the site plan shows that:

.1 The lot has a street frontage of at least 200 feet and an average depth of at least 200 feet.

.2 The walls of any structure where oils, fuels, lubricants, gases or other flammable materials are used or stored are set back at least 50 feet from every property line.

.3 The area used for the outdoor parking of vehicles conforms to the provisions of Article 6.

.4 All structures requiring the use or storage of fuels, gases or other highly flammable materials shall be at least 300 feet from any school, church, hospital, public building, theater or other building of public congregation, playground, fire house or another use similarly employing or storing such materials.

An applicant for a light industrial use shall, by a performance guarantee, insure that the following requirements will be met.

.1 Fire and Explosion Hazards: All activities shall be carried on only in buildings conforming to the building code. The operations shall be carried on in such a manner and with such precaution against fire and explosion hazards as to produce no explosion hazard, as determined by the Michigan Department of Labor, to a use on an adjacent property. Every factory or manufacturing building shall be equipped with fire protection equipment approved by the Fire Marshall as being sufficient in view of the nature and extent of the fire risk.

.2 Atmospheric Pollution: There shall be no emission of smoke, atomic radiation, fumes, gas, dust, odors or other atmospheric pollutant which will disseminate beyond the lot in such a manner as to create a public nuisance, cause damage or inconvenience to other buildings or properties or imperil the health of animals or humans.

.3 Liquid and Solid Waste: No industrial or commercial operations shall in any way discharge untreated industrial waste of any kind into any river, stream, reservoir, pond or lake. All methods of sewage and waste disposal shall conform to County and State Health Department regulations.

.4 Vibration: There shall be no vibration which is harmful to the human sense of feeling beyond the lot lines of the property on which such use is conducted.

.5 Noise: There shall be no noise escaping from the operation which will create a public nuisance or adversely affect the surrounding areas.

.6 Glare: There shall be no direct or sky reflected glare which would be damaging to the human eye or cause hazardous conditions on a public street.

.7 Parking and Traffic: The site plan will include provisions and details for the following:

(a) To provide convenient and safe automobile circulation and parking area.

(b) To insure adequate visual sight distances.

(c) To minimize conflicts of traffic movement on public streets.

(d) To insure the safety, convenience, and well-being of adjoining property owners.

.1 The Planning Commission may impose additional restrictions and requirements on the special use, such as:

(a) Hours of operation.

(b) Duration of the special use if temporary in nature.

(c) Termination of the special use if it is abandoned for more than one year.

(d) Limit in number any item or feature of the special use.

(e) Have the applicant provide a detailed plan for removal or storage of byproducts, waste material or other substances that may be produced by the special use, and include performance of the plan as a condition of the Special Land Use permit.

(f) Limit the quantity of material that may be stored at the site of the special use.

(g) Require a hydrological study and monitoring wells for any use that may affect groundwater. A plan for installation of monitoring wells will be submitted with the application for Special Land Use and said wells shall be operating before commencement of the special use. A sampling and testing schedule will be implemented pursuant to the Michigan Water Resources Commission Act (Act 245 of the Public Acts of 1929 as amended). The General Rules of the Water Resources Commission, Part 22, Ground Water Quality, shall guide this requirement.

Following the hearing, the Planning Commission shall prepare a finding regarding the Special Land Use and shall state its reasons for its decision. All conditions, limitations and requirements upon which any such permit is granted shall be specified in detail by the Planning Commission in its finding and shall be filed with the Township Board and the Zoning Administrator. Any conditions, limitations or requirements upon which approval is based shall be reasonable and designed to protect natural resources, the health, safety and welfare and the social and economic well-being of the owners and occupants of the land in question, of the area adjacent thereto and of the community as a whole; constitute a valid exercise of the police power and be related to the purposes which are effected by the proposed use or activity; by consistency with the intent and purpose of the zoning ordinance; designed to insure compatibility with adjacent uses of land and the natural environment; and designed to insure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity.

The Township Board may revoke any permit granted under this Article when the conditions of approval are not being met, and may require such performance guarantee as deemed necessary to insure that said conditions will be met.

Refer to Article 16.6.

Additional dwellings (Single Family Homes) are permitted on farms in the RAR district provided that:

.1 Arrangements for a safe water supply and sewage disposal shall be in conformity with and approved by the County Health Department.

.2 Said use shall not be construed to permit the sale of land to the occupant.

.3 Provided the principal dwelling is occupied.

.4 The additional dwelling must meet all height, area, front, rear, and side yards as specified in 12.6.

.5 The required parcel size for the RAR is available within the parcel for the additional and primary home. If the parcel is subsequently reduced in size so that the required parcel size is not available, the additional home shall be removed.