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Woodstock Township

Lenawee County, Michigan

Zoning Ordinance

Date adopted: May 23, 2012

Date published: June 1, 2012

Effective date: June 8, 2012

Updated: July 11, 2016

Updated: March 23, 2017

Updated: November 9, 2017

WOODSTOCK TOWNSHIP

LENAWEE COUNTY, MICHIGAN

ORDINANCE NO ___

TOWNSHIP ZONING

PREAMBLE

In accordance with the authority and intent of the Michigan Zoning Enabling Act, PA 110 of 2006 as

amended, Woodstock Township desires to provide for the orderly development of the Township, which is

essential to the well-being of the community, and which will place no undue burden upon developers,

industry, commerce, or residents The Township further desires to assure the provision of adequate sites

for industry, commerce, and residence; to provide for the free movement of vehicles upon the property

streets and highways of the Township; to protect industry, commerce, and residences against

incongruous and incompatible uses of land; to promote the proper use of land and natural resources for

the economic well-being for the Township as a whole; to assure the provision of adequate space for the

parking of vehicles of customers using commercial, retail and industrial areas; and that all uses of land

and buildings within the Township of Woodstock are so related as to provide for economy in government

and mutual support The result of such purposes of this Ordinance is to promote and protect the public

health, safety, comfort, convenience, and general welfare of the residents, merchants, and workers in the

Township of Woodstock

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PREAMBLE ii

TABLE OF CONTENTS. iii

ARTICLE I ENACTING CLAUSE, TITLE, PURPOSES ....................................................

SECTION 1.1 ENACTING CLAUSE ........................................................................................

SECTION 1.2 TITLE ................................................................................................................

SECTION 1.3 PURPOSES ......................................................................................................

ARTICLE II GENERAL PROVISIONS................................................................................

SECTION 2.1 SCOPE .............................................................................................................

SECTION 2.2 RULES OF CONSTRUCTION ..........................................................................

SECTION 2.3 PERMITTED AND PROHIBITED USES ..........................................................

SECTION 2.4 DEFINITIONS ...................................................................................................

SECTION 2.5 APPLICATION OF REGULATIONS .................................................................

ARTICLE III ESTABLISHMENT OF ZONING DISTRICTS .................................................

SECTION 3.1 ESTABLISHMENT OF ZONING DISTRICTS...................................................

SECTION 3.2 OFFICIAL ZONING MAP ..................................................................................

SECTION 3.3 INTERPRETATION OF DISTRICT BOUNDARIES ..........................................

SECTION 3.4 INTERPRETATION OF UNSPECIFIED LAND USES .....................................

ARTICLE IV AGRICULTURAL DISTRICT (AG)..................................................................

SECTION 4.1 INTENT .............................................................................................................

SECTION 4.2 PERMITTED USES ..........................................................................................

SECTION 4.3 CONDITIONAL USES ......................................................................................

SECTION 4.4 AREA, YARD, HEIGHT, AND BULK REQUIREMENTS ..................................

ARTICLE V RECREATION OPEN SPACE DISTRICT (RO)..............................................

SECTION 5.1 INTENT ...........................................................................................................

SECTION 5.2 PERMITTED USES ..........................................................................................

SECTION 5.3 CONDITIONAL USES ......................................................................................

SECTION 5.4 AREA, YARD, HEIGHT, AND BULK REQUIREMENTS ..................................

ARTICLE VI RURAL NON-FARM RESIDENTIAL DISTRICT (RNF) ..................................

SECTION 6.1 INTENT .............................................................................................................

SECTION 6.2 PERMITTED USES ..........................................................................................

SECTION 6.3 CONDITIONAL USES ......................................................................................

SECTION 6.4 AREA, YARD, HEIGHT, AND BULK REQUIREMENTS ..................................

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ARTICLE VII LAKE RESIDENTIAL DISTRICT (RL) ............................................................

SECTION 7.1 INTENT .............................................................................................................

SECTION 7.2 PERMITTED USES ..........................................................................................

SECTION 7.3 CONDITIONAL USES ......................................................................................

SECTION 7.4 AREA, YARD, HEIGHT, AND BULK REQUIREMENTS ..................................

ARTICLE VIII SUBURBAN RESIDENTIAL DISTRICT (RS) .................................................

SECTION 8.1 INTENT .............................................................................................................

SECTION 8.2 PERMITTED USE .............................................................................................

SECTION 8.3 CONDITIONAL USES ......................................................................................

SECTION 8.4 AREA, YARD, HEIGHT, AND BULK REQUIREMENTS ..................................

ARTICLE IX MULTIPLE-FAMILY RESIDENTIAL DISTRICT (RM) .....................................

SECTION 9.1 INTENT .............................................................................................................

SECTION 9.2 PERMITTED USES ..........................................................................................

SECTION 9.3 CONDITIONAL USES ......................................................................................

SECTION 9.4 AREA, YARD, HEIGHT, AND BULK REQUIREMENTS ..................................

ARTICLE X MANUFACTURED HOME RESIDENTIAL DISTRICT (MH) ...........................

SECTION 10.1 INTENT .............................................................................................................

SECTION 10.2 PERMITTED USES ..........................................................................................

SECTION 10.3 MANUFACTURED HOME PARK REGULATIONS ..........................................

SECTION 10.4 AREA, YARD, HEIGHT, AND BULK REQUIREMENTS ..................................

ARTICLE XI LOCAL COMMERCIAL DISTRICT (C-1) ........................................................

SECTION 11.1 INTENT .............................................................................................................

SECTION 11.2 PERMITTED USES ..........................................................................................

SECTION 11.3 CONDITIONAL USES ......................................................................................

SECTION 11.4 AREA, YARD, HEIGHT, AND BULK REQUIREMENTS ..................................

ARTICLE XII GENERAL COMMERCIAL DISTRICT (C-2)...................................................

SECTION 12.1 INTENT .............................................................................................................

SECTION 12.2 PERMITTED USES ..........................................................................................

SECTION 12.3 CONDITIONAL USES ......................................................................................

SECTION 12.4 AREA, YARD, HEIGHT, AND BULK REQUIREMENTS ..................................

ARTICLE XIII HIGHWAY SERVICE COMMERCIAL DISTRICT (C-3)..................................

SECTION 13.1 INTENT .............................................................................................................

SECTION 13.2 PERMITTED USES ..........................................................................................

SECTION 13.3 CONDITIONAL USES ......................................................................................

SECTION 13.4 AREA, YARD, HEIGHT, AND BULK REQUIREMENTS ..................................

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ARTICLE XIV GENERAL INDUSTRIAL DISTRICT (I)............................................................

SECTION 14.1 INTENT .............................................................................................................

SECTION 14.2 PERMITTED USES ..........................................................................................

SECTION 14.3 CONDITIONAL USES

SECTION 14.4 AREA, YARD, HEIGHT, AND BULK REQUIREMENTS

ARTICLE XV AREA, YARD, HEIGHT, AND BULK REQUIREMENTS ................................

SECTION 15.1 COMPLIANCE WITH REGULATIONS .............................................................

SECTION 15.2 YARD MEASUREMENTS ................................................................................

SECTION 15.3 HEIGHT EXCEPTIONS ....................................................................................

SECTION 15.4 ACCESSORY STRUCTURES .........................................................................

SECTION 15.5 MAXIMUM DENSITY ........................................................................................

ARTICLE XVI SUPPLEMENTAL REGULATIONS ................................................................

SECTION 16.1 PURPOSE ........................................................................................................

SECTION 16.2 SIGN REGULATIONS ......................................................................................

SECTION 16.3 OFF-STREET PARKING REQUIREMENTS ....................................................

SECTION 16.4 OFF-STREET LOADING AND UNLOADING REQUIREMENTS.....................

SECTION 16.5 PERFORMANCE STANDARDS ......................................................................

SECTION 16.6 STORAGE OF MATERIALS .............................................................................

SECTION 16.7 TRAVEL TRAILERS .........................................................................................

SECTION 16.8 VISIBILITY AT INTERSECTIONS ....................................................................

SECTION 16.9 DRIVEWAYS AND ROADS ..............................................................................

SECTION 16.10 FLOODPLAINS .................................................................................................

SECTION 16.11 HOME OCCUPATION ......................................................................................

SECTION 16.12 FENCES ...........................................................................................................

SECTION 16.13 TEMPORARY USE

...........................................................................................

SECTION 16.14 ESSENTIAL SERVICES ...................................................................................

SECTION 16.15 FLOOR AREA REQUIREMENTS FOR DWELLINGS .....................................

SECTION 16.16 USE BY RIGHT BUILDING ON A LOT ............................................................

SECTION 16.17 REQUIREMENTS FOR MANUFACTURED HOMES OUTSIDE OF

MANUFACTURED HOME PARKS ..................................................................

SECTION 16.18 YARD OR OCCASIONAL SALES ....................................................................

SECTION 16.19 PROHIBITION OF FUNNELING ......................................................................

SECTION 16.20 PERSONAL WIND GENERATION UNITS .......................................................

ARTICLE XVII CONDITIONAL USES .....................................................................................

SECTION 17.1 AUTHORITY TO GRANT PERMITS ................................................................

SECTION 17.2 APPLICATION AND FEE .................................................................................

SECTION 17.3 DATA, INFORMATION AND SITE PLAN APPLICATION REQUIREMENTS ..

SECTION 17.4 PUBLIC HEARINGS .........................................................................................

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SECTION 17.5 REQUIRED STANDARDS AND FINDINGS FOR MAKING

DETERMINATION ............................................................................................ 64

SECTION 17.6 DETERMINATION AND IMPOSITION OF CONDITIONS ...............................

SECTION 17.7 APPROVAL; GRANTING OF PERMIT .............................................................

SECTION 17.8 VOIDING OF CONDITIONAL USE PERMIT ....................................................

SECTION 17.9 ADDITIONAL DEVELOPMENT REQUIREMENTS FOR CERTAIN USES .....

ARTICLE XVIII SITE PLAN REVIEW AND APPROVAL .........................................................

SECTION 18.1 PURPOSE ........................................................................................................

SECTION 18.2 STATEMENT OF PRINCIPLES .......................................................................

SECTION 18.3 BUILDINGS, STRUCTURES, AND USES REQUIRING SITE PLAN ..............

SECTION 18.4 WHO MAY APPLY ............................................................................................

SECTION 18.5 APPLICATION, FEES AND ESCROW FOR SITE PLAN REVIEW .................

SECTION 18.6 REQUIRED DATA FOR DETAILED SITE PLAN .............................................

SECTION 18.7 APPLICATION SUBMITTAL AND TECHNICAL REVIEW ...............................

SECTION 18.8 STANDARDS FOR SITE PLAN REVIEW ........................................................

SECTION 18.9 PLANNING COMMISSION REVIEW OF SITE PLAN ......................................

SECTION 18.10 EXPIRATION OF PRELIMINARY SITE PLAN APPROVAL ............................

SECTION 18.11 PLANNING COMMISSION APPROVAL OF FINAL SITE PLAN .....................

SECTION 18.12 EXPIRATION OF FINAL SITE PLAN CERTIFICATE ......................................

SECTION 18.13 AMENDMENT, REVISION OF SITE PLAN ......................................................

ARTICLE XIX NONCONFORMITIES ......................................................................................

SECTION 19.1 NONCONFORMING USES OF LAND .............................................................

SECTION 19.2 NONCONFORMING STRUCTURES ...............................................................

SECTION 19.3 NONCONFORMING USES OF STRUCTURES ..............................................

SECTION 19.4 CHANGE OF TENANCY OR OWNERSHIP ....................................................

SECTION 19.5 NONCONFORMING LOTS ..............................................................................

SECTION 19.6 EXTENSION AND SUBSTITUTION .................................................................

ARTICLE XX ADMINISTRATION OF THE ORDINANCE.....................................................

SECTION 20.1 PURPOSE ........................................................................................................

SECTION 20.2 ADMINISTRATION ...........................................................................................

SECTION 20.3 DUTIES OF ZONING INSPECTOR .................................................................

SECTION 20.4 ZONING COMPLIANCE PERMITS ..................................................................

SECTION 20.5 FEES, CHARGES AND EXPENSES ...............................................................

SECTION 20.6 PUBLIC HEARING PROCEDURES .................................................................

ARTICLE XXI ZONING BOARD OF APPEALS .....................................................................

SECTION 21.1 ZONING BOARD OF APPEALS ESTABLISHED ............................................

SECTION 21.2 MEMBERSHIP AND TERMS ...........................................................................

SECTION 21.3 GENERAL REGULATIONS ..............................................................................

SECTION 21.4 POWERS AND DUTIES ...................................................................................

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SECTION 21.5 REQUIRED FEES AND ESCROW DEPOSITS ...............................................

SECTION 21.6 ADMINISTRATIVE APPEALS ..........................................................................

SECTION 21.7 INTERPRETATIONS ........................................................................................

SECTION 21.8 VARIANCES .....................................................................................................

SECTION 21.9 SITE PLAN REQUIREMENTS .........................................................................

SECTION 21.10 CONDITIONS OF APPROVAL .........................................................................

SECTION 21.11 APPEALS TO CIRCUIT COURT ......................................................................

ARTICLE XXII AMENDMENT PROCEDURES.......................................................................

SECTION 22.1 INITIATING AMENDMENTS AND FEE ............................................................

SECTION 22.2 PETITION FOR AMENDMENT ........................................................................

SECTION 22.3 REVIEW PROCEDURES .................................................................................

SECTION 22.4 CONFORMANCE TO COURT DECREE .........................................................

100

SECTION 22.5 CONDITIONAL REZONING .............................................................................

100

ARTICLE XXIII VIOLATIONS, PENALTIES AND REMEDIES................................................

104

SECTION 23.1 VIOLATIONS ....................................................................................................

104

SECTION 23.2 NUISANCE PER SE .........................................................................................

104

SECTION 23.3 RIGHTS AND REMEDIES ................................................................................

104

ARTICLE XXIV LEGAL STATUS ..............................................................................................

105

SECTION 24.1 CONFLICT WITH OTHER LAWS .....................................................................

105

SECTION 24.2 VALIDITY AND SEVERABILITY CLAUSE .......................................................

105

SECTION 24.3 PERIOD OF EFFECTIVENESS .......................................................................

105

SECTION 24.4 REPEAL OF ORDINANCE ...............................................................................

105

SECTION 24.5 EFFECTIVE DATE ...........................................................................................

105

APPENDIX

BASEMENT AND STORY DEFINITION .........................................................................................

106

BASIC STRUCTURAL TERMS .......................................................................................................

107

BUILDING HEIGHT REQUIREMENTS ...........................................................................................

108

CORNER, INTERIOR AND DOUBLE FRONTAGE LOTS ..............................................................

109

FLOOR AREA TERMINOLOGY ......................................................................................................

110

LOT TERMS ..........................................................................................................................

111

YARD REQUIREMENTS .................................................................................................................

112

ARTICLE I

ENACTING CLAUSE, TITLE, PURPOSES

SECTION 1.1 ENACTING CLAUSE

An Ordinance adopted under authority of, and in accordance with the provisions of the Michigan Zoning

Enabling Act, Act No. 110 of the 2006 Public Acts of Michigan, as amended to establish comprehensive

zoning regulations for Woodstock Township, Lenawee County, Michigan, and to provide for the

administration, enforcement and amendment thereof, and the repeal of all ordinances in conflict

herewith.

SECTION 1.2 TITLE

This Ordinance shall be known and may be cited as "The Zoning Ordinance of Woodstock

Township". The Zoning Map referred to herein is entitled "Zoning Map, Woodstock Township".

SECTION 1.3 PURPOSES

This Ordinance has been established for the purpose of:

A Promoting and protecting the public health, safety, and general welfare.

B Protecting the character and stability of the agricultural, recreational, residential,

commercial, and industrial areas, and promoting the orderly and beneficial

development of such areas;

C Preventing the overcrowding of land and undue concentration of population by

regulating the intensity of use of land and the area of open spaces surrounding

buildings and structures necessary to provide adequate light, air, and privacy to

protect the public health;

D Lessening and avoiding congestion on public highways and streets;

E Providing for the needs of agriculture, recreation, residence, commerce and

industry in future growth to conform with the most advantageous uses of land,

resources, and properties, with reasonable consideration of other things, the

general and appropriate trend and character of land, building, and population

development as studied and recommended by the Woodstock Township Planning

Commission and Woodstock Township Board.

F Encouraging the most appropriate use of lands in accordance with their character

and adaptability, and prohibiting uses which are incompatible with the character of

development permitted within specified zoning district;

G Conserving the taxable value of land and structures;

H Conserving the expenditure of funds for public improvements and services;

I Protecting against fire, explosion, noxious fumes and odors, heat, dust, smoke,

glare, noise vibration, radioactivity, and other nuisances and hazards in the interest

of the people;

J Providing for the completion, restoration, reconstruction, extension or substitution

of non-conforming uses.

ARTICLE II

GENERAL PROVISIONS

SECTION 2.1 SCOPE

Every building and structure erected, every use of any lot, building, or structure established, every

structural alteration or relocation of an existing building or structure occurring, and every enlargement of

or addition to an existing use building, or structure occurring after the effective date of this Ordinance

shall be subject to all regulations of this Ordinance, which are applicable in the zoning district in which

such building, or structure, or lot is located.

To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in the plans,

construction, or designated use of any building or structure on which actual construction was lawfully

begun prior to the effective date of adoption or amendment of this Ordinance, provided that

construction shall be completed within three hundred sixty-five (365) days of such effective date and be

subject thereafter to the provisions of ARTICLE XIX of this Ordinance.

The adoption of this Ordinance shall not limit the construction of any building or structure for which a

zoning permit had been obtained prior to the effective date of adoption or amendment of this Ordinance

even though such building or structure does not conform to the provisions of this Ordinance, provided

that work shall commence and be carried on within thirty (30) days of obtaining such permit and be

subject thereafter to the provisions of ARTICLE XIX of this Ordinance.

SECTION 2.2 RULES OF CONSTRUCTION

The following rules of construction apply to the text of this Ordinance:

2.2.1 All words and phrases shall be construed and understood according to the common and

approved usage of the language; but technical words and phrases which have acquired a

particular and appropriate meaning in the law or within this Ordinance shall be construed

and understood according to such particular and appropriate meaning.

2.2.2 The particular shall control the general.

2.2.3 Words used in the present tense shall include the future; words used in the singular

number shall include the plural; and the plural shall include the singular, unless the

context clearly indicates the contrary.

2.2.4 The word "shall" is always mandatory and not discretionary. The word "may" is permissive

as determined by the Planning Commission.

2.2.5 All measurements shall be to the nearest whole number, unless otherwise specified

herein.

2.2.6 The phrase "used for" includes "arranged for," "designed for," "intended for," "occupied

for," and "maintained for."

2.2.7 The word "building" includes the word "structure." The word "build" includes the words

"erect" and "construct." A "building" or "structure" includes any part thereof.

2.2.8 The word "dwelling" includes the word "residence," and the word "lot" includes the words

"plot" or "parcel."

2.2.9 The word "person" includes an individual, a corporation, a partnership, an incorporated

association, or any similar entity.

2.2.10 Whenever a word or term defined hereinafter appears in the text of this Ordinance, its

meaning shall be construed as defined herein. Any term not defined herein shall have the

meaning of common or standard use.

SECTION 2.3 PERMITTED AND PROHIBITED USES

Uses not listed in this Ordinance as a permitted or conditional use in a particular zoning district shall be

prohibited in the district. Uses for enterprises or purposes that are contrary to federal, state or local laws

or ordinances are prohibited.

SECTION 2.4 DEFINITIONS

2.4.1 Access Drive. A private way or improvement designed to provide a physical connection for

vehicles from a public road to a developed site.

2.4.2 Accessory Structure, Building, or Use. A detached structure, building or use customarily

utilized and permitted in a zoning district other than a principal structure. Under no

circumstances may an accessory structure, building or use be utilized as a temporary or

permanent dwelling or otherwise for human habitation.

2.4.3 Adult Foster Care Facility. An establishment that provides supervision, personal care, and

protection for up to 24 hours a day, five (5) or more days a week, and for two (2) or more

consecutive weeks for compensation for adults over 18 years of age. It includes facilities and

foster care homes for adults who are aged, mentally ill, developmentally disabled or

physically handicapped who require supervision on an ongoing basis but who do not require

continuous nursing care.

These facilities may be licensed and regulated by the state under Michigan Public Act 218 of

1979, as amended. An adult foster care facility does not include dependent housing facilities,

hospitals, alcohol or substance abuse rehabilitation centers or residential center for persons

released from or assigned to a correctional facility. Adult foster care facilities are classified as

follows:

A Adult Foster Care Family Home. A private residence with the approved capacity to

receive six (6) or fewer adults to be provided with foster care for 24 hours a day for

five (5) or more days a week and for two (2) or more consecutive weeks. The adult

foster care family home licensee is a member of the household and occupant of the

residence.

B Adult Foster Care Small Group Home. An adult foster care facility with the

approved capacity to receive twelve (12) or fewer adults to be provided with foster

care.

C Adult Foster Care Large Group Home. An adult foster care facility with approved

capacity to receive at least 13 but not more than 20 adults to be provided with foster

care.

2.4.4 Adult Regulated Uses. The following are definitions for those uses defined as "Adult

Regulated Uses" herein:

A Adult Arcade. Any place to which the public is permitted or invited wherein coin-

operated or slug operated or electronically, electrically or mechanically controlled still

or motion picture machines, projectors or other image-producing devices are

maintained to show images to five (5) or fewer persons per machine at any one time,

and where the images so displayed are distinguished or characterized by an

emphasis on matters exhibiting, depicting or describing “specified sexual activities” or

“specified anatomical areas.”

B Adult Book or Video Store. An establishment having a substantial portion equaling

more than twenty percent (20%) of its stock in trade in books, magazines, periodicals

or other printed matter, photographs, drawings, slides, films, motion pictures, video

cassettes or video reproductions, slides or other visual representations, recording

tapes and novelty items which are distinguished or characterized by their emphasis

on matter depicting, describing or relating to “specified sexual activities” or “specified

anatomical areas,” or instruments, devices or paraphernalia which are designed for

use in connection with “specified sexual activities” or “simulated nudity,” which are

offered for sale or rental or an establishment with a segment or ARTICLE XVI,

Section 16.2.2 devoted to the sale, rental or display of such material, which segment

or section exceeds ten percent (10%) of the usable floor area of the establishment.

This does not include items used for conception control or for protection from

sexually transmitted diseases.

C Adult Entertainment Cabaret. A nightclub, bar, lounge or similar commercial

establishment, whether licensed by the Michigan Liquor Control Commission to offer

beer or intoxicating liquor for consumption on the premises or not, which provides or

features to customers live performances by employees or entertainment personnel

which are distinguished or characterized by an emphasis on the exposure of

“specified anatomical areas;” an emphasis on “specified sexual activities;” an

emphasis on “nudity,” “state of nudity,” or “simulated nudity;” or a combination of any

of the above.

D Adult Motion Picture Theater. An enclosed building or structure wherein still or

motion pictures, video tapes, or similar material is presented or viewed which is

distinguished or characterized by an emphasis on matter depicting, describing, or

relating to "Specified Sexual Activities" or "Specified Anatomical Areas" for

observation by patrons therein.

E Adult Personal Service Business. A business having as its principal activity a

person, while nude or while displaying specified anatomical areas, providing personal

services for another person. Such a business includes, but is not limited to, modeling

studios, body-painting studios, wrestling studios and conversation parlors. An adult

personal service establishment may include, but is not limited to, establishments

commonly known as massage parlors, health spas, sauna baths, Turkish

bathhouses, and steam baths.

The following uses shall not be included within the definition of an adult personal

service establishment:

1. Any establishment, club or business by whatever name designated, which

offers or advertises or is equipped or arranged to provide as part of its

services, massages, body rubs, body painting, alcohol rubs, physical

stimulation, baths or other similar treatment by any person.

2. Establishments which routinely provide such services by a licensed

physician, a licensed chiropractor, a licensed physical therapist, a licensed

practical nurse practitioner or any other similarly licensed or certified medical

or healing arts professionals;

3. Establishments which offer massages performed by certified massage

therapists;

4. Gymnasiums, fitness centers and health clubs;

5. Electrolysis treatment by a licensed operator of electrolysis equipment;

6. Continuing instruction in martial or performing arts or in organized athletic

activities;

7. Hospitals, nursing homes, medical clinics or medical offices;

8. Barber shops, beauty parlors, hair stylists and salons which offer massages

by certified massage therapists;

9. A bar, nightclub or lounge or other non-sexually oriented business that

occasionally promotes a swimsuit or similar contest in which the contestants

do not appear “nude” or in “a state of nudity;”

10. Adult photography studios whose principal business does not include the

taking of photographs of “specified anatomical areas” as defined herein.

F Adult Theater. A theater, concert hall, auditorium or similar commercial

establishment which regularly features persons who appear in a state of nudity or

features live performances which are distinguished or characterized by an emphasis

on the exposure of “specified anatomical areas” or by an emphasis on “specified

sexual activities” and shall include:

1. Adult Motion Picture Arcade or Miniature-Motion Picture Theater. Any

place where motion picture machines, projectors or other image producing

devices are maintained to show images to five (5) or fewer persons per

machine at any one time, and where the images displayed depict, describe

or relate to “specified sexual activities” or “specified anatomical areas.”

2. Adult Motion Picture Theater. A commercial establishment which regularly

features non-live performances or entertainment such as films, motion

pictures, video cassettes, slides or similar photographic reproductions which

are distinguished or characterized by an emphasis on matters exhibiting,

depicting or describing “specified sexual activities or “specified anatomical

areas.”

3. Adult Outdoor Motion Picture Theater. A drive-in theater where a

substantial portion of the material presented is distinguished or characterized

by an emphasis on matter depicting, describing or relating to “specified

sexual activities” or “specified anatomical areas” for observation by patrons

of the theater. Such establishment is customarily not open to the public

generally, but only to one or more classes of the public, excluding any minor

by reason of age.

G Special Definitions. With respect to adult uses or sexually oriented businesses, the

following terms and phrases shall have the following meanings:

1. Massage Parlor. An establishment wherein private massage is practiced or

made available as a principal use of the premises.

2. Nudity or State of Nudity. Appearing while any of the following portions of

the human body are less than completely and opaquely covered:

(a) Genitals, whether or not in a state of sexual arousal;

(b) Pubic region or pubic hair;

(d) The portions of the female breast(s) beginning from a point

immediately above the top of the areola and continuing downward to

the lowest portion of the breast(s); or

(e) Any combination of the above.

3. Nudity, Simulated. A state of dress in which any artificial device of covering

is worn on a person and exposed to view so as to simulate an actual “state of

nudity.”

4. Sexual Intercourse. Fellatio, cunnilingus, anal intercourse or any other

intrusion, however slight, of any part of a person’s body or of any object, into

the genital or anal openings of another’s body.

2.4.5 Alley. A public or private way not more than thirty-three (33) feet wide which affords only a

secondary means of access to abutting property.

2.4.6 Alter. Any structural change in the supporting or load-bearing member of a building, such as

bearing walls, columns, beams, girders, or floor joists.

2.4.7 Animals.

A Domestic. An animal that has traditionally, through long association with humans,

lived in a state of dependence upon humans or under the dominion and control of

humans and has been kept as tame pets no longer possessing a disposition or

inclination to escape or to bite without provocation nor cause death, maiming, or

illness of a human, nor used for commercial breeding purposes. Domestic animals

shall include the following:

1. Bird (caged)

2. Cat (domestic)

3. Prairie Dog (bred)

4. Chinchilla

5. Dog

6. Fish (non-biting or non-poisonous)

7. Lizard (non-poisonous)

8. Marmoset (bred)

9. Primate (only as a trained aide for a disabled person)

10. Rodent (bred)

11. Snake (non-poisonous)

12. Spider (non-poisonous)

B Animal, Wild or Exotic. Any animal not defined above as a domestic animal.

2.4.8 Apartment. A dwelling unit in an apartment house arranged, designed, or occupied as a

residence by a single-family, individual, or group of individuals.

2.4.9 Appeal. An entreaty or petition for a hearing or review of facts or actions in connection with

the public enforcement of this Ordinance.

2.4.10 Automobile Wrecking. The dismantling or disassembling of used motor vehicles or trailers,

or the storage, sale, or dumping of dismantled, partially dismantled, obsolete, or wrecked

vehicles, or their parts.

2.4.11 Basement. A story of a building having more than one-half (

) its height below grade. (See

“Basic Structural Terms” illustration).

2.4.12 Boats. Any watercraft requiring licensing by a state.

2.4.13 Boarding House or Rooming House. A dwelling where meals and/or lodging are provided

for compensation to persons by pre-arrangement for definite periods of time.

2.4.14 Building. An enclosed structure having a roof supported by columns, walls, or other devices

and used for the housing, shelter, or enclosure of persons, animals, or chattels.

2.4.15 Building Height. The vertical distance measured from the highest finished grade at

foundation to the highest point of the roof.

2.4.16 Building Inspector. The person or persons designated by the Township to administer and

enforce the State Construction Code.

2.4.17 Building Setback Line. A line parallel to, or concentric with, the front property line

delineating the minimum allowable distance between the front lot line and the front of any

building.

2.4.18 Campground. An area or tract of land on which accommodations for temporary occupancy

are located or may be placed, including tents, travel trailers and major recreational

equipment, and which is primarily used for recreational purposes and retains an open air or

natural character.

2.4.19 Central Sanitary Sewerage System. Any person, firm, corporation, municipal department,

or board duly authorized to furnish and furnishing under Federal, State, or municipal

regulations to the public a sanitary sewerage disposal system from a central location or

plant, but not including septic tanks.

2.4.20 Central Water System. Any person, firm, corporation, municipal department, or board duly

authorized to furnish and furnishing under federal, state, or municipal regulations to the

public a central water system from a central location or plant.

2.4.21 Communication Tower. A radio, telephone, cellular telephone or television relay structure

of skeleton framework, or monopole attached directly to the ground or to another structure,

used for the transmission or reception of radio, telephone, cellular telephone, television,

microwave or any other form of telecommunication signals. This definition shall not include

dishes, antennas, aerials or similar reception or transmission structures used for non-

commercial purposes, serving a single residential or business premises and that does not

exceed the height limitations for the appropriate zoning district as found in ARTICLE XV

(Area, Yard, Height and Bulk Requirements).

2.4.22 Condominium. A condominium is a system of separate ownership of individual units or

multiple-unit projects according to the state Condominium Act. In addition to the interest

acquired in a particular unit, each unit owner is also a tenant in common in the underlying

fee and in the spaces and building parts used in common by all the unit owners.

2.4.23 Deck.

A Attached Deck. A platform, commonly constructed of wood, which is typically

attached to a dwelling unit, and which is typically used for outdoor leisure activities.

B Freestanding Deck. A platform, commonly constructed of wood, which is not

attached to a dwelling unit, and is separated by a distance from the dwelling unit of

more than ten (10) feet.

2.4.24 District. A portion of Woodstock Township within which certain uniform regulations and

requirements apply under the provisions of this Ordinance.

2.4.25 Dock. Any structure extending from a shoreline over any body of water and is used primarily

for mooring and landing watercraft and for embarking and disembarking passengers.

2.4.26 Drive-In Establishment. A business establishment so developed that its retail or service

character is primarily dependent on providing a driveway approach or parking spaces for

motor vehicles so as to serve patrons while in the motor vehicles as well as within the

building.

2.4.27 Dwelling Unit. A residential unit providing complete, independent living facilities for one (1)

family, including permanent living, sleeping, cooking, eating, and sanitation facilities. The

Building Inspector shall not issue a building permit to locate, erect, construct, reconstruct,

alter or convert a single, two, or multiple-family dwelling unit until adequate data, information,

and evidence can be shown that the dwelling complies with the following standards:

A Minimum Size-Siting Standards.

1. Minimum floor area of a dwelling unit shall be eight hundred sixty (860)

square feet. (For the purpose of computing the dwelling unit the sum of the

horizontal areas of each story of the building shall be measured from the

exterior faces of the exterior walls or from the centerline of walls separating

two (2) dwellings. The floor area measurement is exclusive of areas of

basements, unfinished attics, attached garages, breezeways, and enclosed

and unenclosed porches).

2. Minimum width of the principal dwelling as built or assembled on the site

shall not be less than twenty (20) feet, as measured across the narrowest

portion.

3. Minimum floor to ceiling height of the dwelling shall be 7.5 feet.

B Health Construction Standards.

1. If central water and sanitary sewage facilities are available, the dwelling shall

be connected to said facilities. On-site septic systems shall be approved by

the County Health Department.

2. Conventional site built dwellings and all other pre-manufactured dwellings,

except manufactured homes located in a manufactured home park, shall

comply with the B.O.C.A. Code Standards and other applicable fire,

plumbing, electrical, etc., codes and regulations.

3. All dwellings shall have a foundation complying with the B.O.C.A. Code

Standards including a foundation wall of the same perimeter dimensions as

the dwelling and constructed of such materials and type as required in the

B.O.C.A. Code.

4. Conventional site built dwellings shall have an anchoring system complying

with the B.O.C.A. Code.

C Aesthetic Standards.

1. Dwelling shall have a foundation wall around the home as specified in b.3

completely enclosing the dwelling.

2. Dwellings shall not have exposed wheels, towing mechanisms,

undercarriage or chassis and no storage shall be allowed in any crawl space

which is not a standard basement.

3. The pitch of the main roof of the dwelling shall not be less than one (1) foot of

rise for each four (4) feet of the horizontal run.

4. Materials used for exterior finish shall not create a reflection greater than

from siding coated with clean white, gloss, exterior enamel.

5. All additions to the original dwelling shall be constructed with a similar

material and have a similar appearance and quality of workmanship as the

original dwelling including an appropriate foundation and permanent

attachment to the principal structure.

6. There shall be a minimum of two (2) exterior doors with one (1) being in the

front of the home and the other in the rear or side of the home connected to

permanently attached steps.

D Manufactured Homes.

1. A building or portion of a building designed for long-term residential use and

characterized by all of the following:

(a) The structure is produced in a factory in accordance with the

National Manufactured Housing Construction and Safety Standards

Act, as amended.

(b) The structure is designed to be transported to the site in a nearly

complete form, where it is placed on a foundation and connected to

utilities.

building or as a module to be combined with other elements to form

a complete building on the site.

2. Manufactured homes are not required to meet the minimum size-siting,

health construction and aesthetic standards set forth above for dwellings,

however, any manufactured home which does not conform to the above

standards shall not be used for dwelling purposes within the Township unless

located with a manufactured home park.

3. Manufactured homes located in a manufactured home park shall comply with

the United States Department of Housing and Urban Development, Mobile

Home Construction and Safety Standards (24 CFR, 3280), as amended,

including fire, plumbing, electrical etc., and other applicable codes and

regulations. The manufactured home shall be installed pursuant to the

manufacturer's setup instruction.

4. Manufactured home shall be secured to the premises by an anchoring

system or device compatible with those required by the Michigan Mobile

Home Commission.

2.4.28 Dwelling -- Single-Family. A detached building designed for or occupied by one (1) family

only and conforming in all respects to the standards of Section 2.2.27.

2.4.29 Dwelling -- Two-Family. A detached building designed for or occupied by two (2) families

only, with separate housekeeping and cooking facilities for each and conforming in all

respects to the standards of Section 2.2.27.

2.4.30 Dwelling -- Multiple-Family. A building designed for or occupied by three (3) or more

families living independently of each other with separate housekeeping and cooking facilities

for each and conforming in all respects to the standards of Section 2.2.27.

2.4.31 Easement. A grant of one (1) or more of the property rights by a property owner to or for use

by the public or another person or entity.

2.4.32 Easement Access. Any private or dedicated public way other than a street or alley,

providing means of access to a property. Easement width shall not be less than twenty (20)

feet.

2.4.33 Essential Services. The erection, construction, alteration, or maintenance by public utilities

or municipal departments, commissions, or boards, of underground, surface, or overhead

gas, electric, steam or water transmission, or distribution systems, collection,

communication, supply or disposal systems, including poles, wires, drains, sewers, pipes,

conduits, cables, fire alarm boxes, police call boxes, traffic signals or signs and fire hydrants,

and other similar equipment and accessories in connection therewith, for the general public

health, safety, convenience, or welfare, but not including buildings, towers, or maintenance

depots.

2.4.34 Family. Family. One (1) or more persons related by blood, bonds of marriage, or legal

adoption, plus up to a total of three (3) additional persons not so related who are either

domestic servants or gratuitous guests, occupying a single dwelling unit and living as a

single nonprofit housekeeping unit; or a collective number of three (3) or fewer individuals

living together in one (1) dwelling unit, whose relationship is of a continuing non-transient

domestic character, and who are preparing meals as a single nonprofit housekeeping unit.

This definition shall not include any society, club, fraternity, sorority, association, lodge,

coterie, or group of transitory or seasonal nature or for a limited duration of a school term or

terms or other similar determinable period.

2.4.35 Flea Market. An occasional or periodic sales activity held within a building or open area in

which stalls or sales areas are set aside, and rented or otherwise provided, and which are

intended for use by various unrelated individuals to sell articles that are either homemade,

homegrown, handcrafted, old obsolete, antique and may include the selling of goods at retail

businesses or individuals who are generally engaged in retail sales.

2.4.36 Funneling. Funneling is the use of inland waterfront property, parcel, or lot as a common

open space to serve as waterfront access for a separate, multi-unit development, or property

containing more than one unit, which development or property is located away from the

waterfront. More particularly, funneling includes, but is not limited to, the use of water front

property, or a parcel of land contiguous to a body of water, for access to such body of water

by the owners, lessees, occupants, or licensees (or by members of the family or occasional

guests of any such person) of any of the following types of property, if such property

contains more than one dwelling unit:

A non-waterfront property under a separate legal description on the county tax roll or

property acquired under a separate deed on file with the County Register of Deeds;

B non-riparian property, if such property contains more than one dwelling unit; or

C property separated from shoreline properties by a public road. The term funneling,

as used herein, shall not include any public use of public park or public access.

2.4.37 Feedlot. Any facility or enclosed area where farm animals are fed and maintained for more

than four (4) hours out of twenty-four (24) hours at a density greater than four (4) head per

acre for cattle and horses, ten (10) head per acre for smaller animals, or more than thirty

(30) fowls per acre.

2.4.38 Home Occupation. An occupation that is traditionally and customarily carried on in the

home being incidental to the principal residential use.

2.4.39 Hotel. A building containing guest rooms in which lodging is provided, with or without meals,

for compensation and which is open to transient of permanent guests, or both.

2.4.40 Junk Yard. A structure or parcel of land where junk, waste, discard, salvage, or similar

materials such as old iron or other metal, wood, lumber, glass, paper, rags, cloth, leather,

rubber, bagging, cording, barrels, containers, etc., are bought, sold, exchanged, stored,

baled, packed, disassembled, or handled, including auto wrecking yards, inoperative

machines, unserviceable equipment, used lumber yards, house wrecking, and structural

steel materials, and equipment and including establishments for sale, purchase, or storage

of salvaged machinery, and the processing of used, discarded, or salvaged materials, for

any thirty (30) consecutive days.

2.4.41 Kennel. Any lot or premises on which three (3) or more dogs, four (4) months old or more

are confined either permanently or temporarily.

2.4.42 Lot. A parcel of land separated from other parcels of land by description on a recorded plat,

by metes-and-bounds description or units as described in the master deed of a site

condominium project, and having sufficient size to comply with the requirements of this

Ordinance for minimum area, yards, coverage, and other open space.

A Corner Lot. A parcel of land at the junction of and fronting or abutting on two (2) or

more intersecting streets.

B Double Frontage or Through Lot. An interior lot having frontage on two (2) parallel

or approximately parallel streets.

C Interior Lot. A lot other than a corner lot with only one (1) lot line fronting on a road.

D Zoning Lot. A parcel or tract of land under single ownership or control that is at

least sufficient in size to meet the minimum requirements for use, coverage, area,

setbacks, access, and open space as required herein. “Single ownership” may

include ownership by an individual, a corporation, a partnership, an incorporated

association, joint tenancy, or any similar entity. A zoning lot may consist of any one

of the following:

1. Single lot of record.

2. Portion of a lot of record.

3. Combination of lots of record, or portion(s) thereof.

4. Condominium lot.

2.4.43 Lot Area.

A Gross Lot Area. The total area of land contained within the boundaries of a zoning

lot, including rights-of-way, easements, floodplains, wetlands, watercourses, and

bodies of water.

B Net Lot Area. Gross lot area minus any portions of the zoning lot located within

dedicated rights-of-way, drainage easements or bodies of water.

2.4.44 Lot Depth. The average distance between the front and rear line of a lot measured in the

general direction of its side lot lines.

2.4.45 Lot Coverage. The part or percent of the lot occupied by buildings or structures, including

accessory buildings or structures.

2.4.46 Lot Line. Any line dividing one lot from another lot or from a road right-of-way or from any

public place.

A Front. A line separating a lot from a street, road, or private easement of access. In

the case of a corner lot, or double-frontage lot, a line separating a lot from the street,

road, or private easement of access which is obviously the front by reason of the

prevailing custom of other buildings on the block, or along the same street, road, or

easement of access. In instances where lots abut bodies of water, the front lot line

shall be defined as the average high water line which separates the lot from the

body of water.

B Lot of Record. A lot which is part of a subdivision and is shown on a map thereof

which has been recorded in the Office of the Register of Deeds of Lenawee County,

or a lot described by metes and bounds, the deed to which has been recorded in

said office.

2.4.47 Lot of Record. A parcel of land that meets any of the following conditions:

A An existing lot or parcel of which the dimensions are shown on an approved final

subdivision plat recorded with the Lenawee County Register of Deeds and the

Township Assessor;

B An existing lot or parcel of which the dimensions are shown on an approved

condominium subdivision plan recorded with the Lenawee County Register of Deeds

and the Township Assessor;

C An existing lot or parcel of which the dimensions are described by metes and

bounds, the accuracy of which is attended to by a land surveyor registered and

licensed in the State of Michigan, recorded with the Lenawee County Register of

Deeds and the Township Assessor.

2.4.48 Lot Split or Consolidation. The dividing or uniting of lots by virtue of changes in the deeds

recorded with the Lenawee County Register of Deeds and the Township Assessor.

2.4.49 Lot Width. Lot width shall be considered to be the distance between straight lines

connecting the front and rear lot lines at each side of the lot, measured across the rear of the

required front yard and across the rear yard set back line as described in ARTICLE XV

(District Area, Yard, and Bulk Regulations) for each zoning district: provided however, that

width between side lot lines at their foremost points (where they intersect with the street line)

shall not be less than eighty percent (80%) of the required lot width.(see “Yard Terms”

illustration).

2.4.50 Manufactured Home. A building or portion of a building designed for long-term residential

use and characterized by all of the following:

A The structure is produced in a factory in accordance with the National Manufactured

Housing Construction and Safety Standards Act, as amended.

B The structure is designed to be transported to the site in a nearly complete form,

where it is placed on a foundation and connected to utilities.

C The structure is designed to be used as either an independent building or as a

module to be combined with other elements to form a complete building on the site.

2.4.51 Manufactured Home Park. A tract of land prepared and approved according to the

procedures in this Ordinance to accommodate manufactured homes on rented or leased

lots

2.4.52 Manufactured Home Subdivision. A legally platted residential subdivision accommodating

manufactured homes.

2.4.53 Marijuana or Marihuana. A controlled substance, as defined in Section 7106 of the Public

Health Code, 1978 PA 368, MCL 333.7106

2.4.54 Medical Marijuana Growing Operation or Growing Operations. A building or facility

where a primary caregiver or caregivers ma grow and dispense medical marijuana for

persons other than members of the caregiver’s immediate family.

2.4.55 Medical Marijuana Patient. A person who has been diagnosed by a physician as having a

debilitating medical condition and who has been issued a registry identification card by the

Michigan Department of Community Health that identifies a person as a registered qualifying

patient.

2.4.56 Medical Use of Marijuana. The acquisition, possession, cultivation, manufacture, use,

internal possession, delivery, transfer, or transportation of marijuana or paraphernalia

relating to the administration of marijuana to treat or alleviate a registered qualifying patient’s

debilitating medical condition or symptoms associated with the debilitating medical condition.

2.4.57 Medical Marijuana Primary Caregiver. A person who is at least 21 years old and who has

agreed to assist with a patient’s medical use of marijuana and who has never been

convicted of a felony involving illegal drugs and who has been issued a registry identification

card by the Michigan Department of Community Health that identifies a person as a

registered primary caregiver.

2.4.58 Motel. Any establishment in which individual cabins, courts, or similar structures or units are

let or rented to transients for periods of less than thirty (30) days. The term "motel" shall

include tourist cabins and motor courts. A motor court or motel shall not be considered or

construed to be either a multiple dwelling, a hotel, or a manufactured home park.

2.4.59 Motor Vehicle Repair Garage. An enclosed structure and premise used or designed to be

used for minor and major motor vehicle repair services may be carried out. Major repairs

include: engine and transmission rebuilding and general repairs, rebuilding or reconditioning;

collision service such as body, frame or fender straightening or repair; and similar servicing,

rebuilding or repairs.

2.4.60 Motor Vehicle Service Station. Structures and premises used or designed to be used for

the retail sale of fuels, lubricants, or grease, and other operating commodities for motor

vehicles, including the customary space and facilities for the installation of such

commodities; and including space for temporary minor repair, or servicing such as polishing,

washing, cleaning, greasing, but not including bumping, painting, or refinishing and storage

of motor vehicles for more than ninety (90) days.

2.4.61 Off-Street Parking. A facility providing vehicular parking spaces with adequate drives and

aisles for maneuvering so as to provide access for entrance and exit for the parking of

automobiles.

2.4.62 Parking Space, Area, Lot. An off-street open area, the principal use of which is for the

parking of automobiles, whether for compensation or not, or as an accommodation to clients,

customers, visitors, or employees.

2.4.63 Planned unit development (PUD). A comprehensively planned land development project in

which the standard requirements of zoning ordinance are varied to permit design flexibility,

building clustering, grouping of open space, increased density, and alternatives to public

facility improvements. To be approved a PUD must comply with the provisions of this

ordinance and must achieve the following purposes.

A More efficient use of land

B More efficient use of public facilities

C More useable open space through structure grouping and other design techniques.

D Preservation of appropriate natural and/or physical features.

2.4.64 Quarry. Any pit, excavation, or mining operation for the purpose of searching for or

removing from the premises any earth, rock, sand, gravel, clay, stone, slate, marble, or other

non-metallic minerals in excess of fifty (50) cubic yards in any calendar year, but shall not

include an excavation preparatory to the construction of a structure or public highway.

2.4.65 Riding Academy. Any establishment where horses are kept for riding, driving, or stabling for

compensation or incidental to the operation of any club, association, ranch, or similar

establishment.

2.4.66 Roadside Stand. A structure in a non-commercial district temporarily operated for the

purpose of selling produce raised or produced primarily on premises, and its use shall not

make a commercial district, nor shall its use be deemed a commercial activity.

2.4.67 Self-Service Storage Facility. A building or group of buildings in a controlled access and

fenced compound that contains varying sizes of individual, compartmentalized, and

controlled access stalls or lockers for the storage of customer's goods or wares.

2.4.68 Sign. Any device designed to inform, or attract the attention of persons not on the premises

on which the sign is located; except, however, the following which shall not be included

within this definition:

A Signs not exceeding one (1) square foot in area and bearing only property numbers,

post box numbers, names of occupants of premises, or other identification of

premises not having commercial connotations;

B Flags and insignias of any government, except when displayed in connection with

commercial promotion;

C Legal notices; identification, information, or directional signs erected or required by

governmental bodies;

D Integral decorative or architectural features of buildings, except letters, trademarks,

moving parts, or moving lights;

E Signs directing and guiding traffic and parking to private property, but bearing no

advertising matter.

2.4.69 Sign Area. The area of a sign consisting of the entire surface of any regular geometric form

or combinations of regular geometric forms, comprising all of the display area of the sign and

including all of the elements of the matter displayed. Frames and structural members not

bearing advertising matter shall not be included in computation of such area.

2.4.70 Sign, On-Site. A sign advertising a product for sale or a service to be rendered on the

immediate premises where the sign is located.

2.4.71 Site Plan Review. A review by the Planning Commission and the Township Board of certain

buildings and structures that can be expected to have a significant impact on natural

resources, traffic patterns, and on adjacent land usage.

2.4.72 State Licensed Residential Facility. A structure constructed for residential purposes that is

licensed by the State pursuant to Act No. 287 of the Public acts of 1972, as amended, Being

Sections 331.681 to 331.694 of the Michigan Compiled laws, or Act No. 116 of the Public

Acts of 1973, as amended, being Sections 722.111 to 722.128 of Michigan Compiled Laws,

which provides resident services for six (6) or less persons under twenty-four (24) hours

supervision or care for persons in need of supervision or care.

2.4.73 Story. That portion of a building included between the surface of any floor and the surface of

the floor above it, or if there is no floor above it, then the space between the floor and the

ceiling above it.

2.4.74 Street. A public or private thoroughfare which affords the principal means of access to

abutting property having the right-of-way not less than sixty-six (66) feet in width.

2.4.75 Structure. Anything constructed, erected, or placed with a fixed location on the surface of

the ground.

2.4.76 Travel Trailer or Motor Coach. A vehicle designed as a travel unit for occupancy as a

temporary or seasonal living unit.

2.4.77 Yard. An open space of prescribed width or depth on the same zoning lot with a building or

group of buildings between the building or group of buildings and the nearest lot line, and is

unoccupied from the ground upward except as otherwise provided herein (see “Yard Terms”

illustration).

A Front Yard. An open, unoccupied space extending the full width of the lot between

the front lot line and the nearest line of the principal building on the lot.

B Front Yard – Lake. A lot having frontage directly upon a lake, natural or manmade

river, or other artificial impoundment of water in all Lake Residential Districts. The

portion adjacent to the water shall be designated the lake front yard of the lot, and

shall be measured from the high water mark for the front yard setback.

Notwithstanding anything herein to the contrary, in all Lake Residential Districts, any

parcel abutting such body of water shall have a general front yard setback limitation

of fifty (50) feet.

C Rear Yard. An open, unoccupied space extending the full width of the lot between

the rear line of the lot and the rear line of the principal building.

D Side Yard. An open, unoccupied space on the same lot with the principal building,

between the side line of the principal building and the adjacent side line of the lot

and extending from the rear line of the front yard to the front line of the rear yard,

and if no front yard is required, the front boundary of the side yard shall be the rear

line of the lot.

SECTION 2.5 APPLICATION OF REGULATIONS

The regulations established by this Ordinance within each zoning district shall be the minimum

regulations for promoting and protecting the public health, safety, and general welfare and shall not

preclude the establishment of higher or more restrictive standards, or requirements for the authorization

of any Conditional Use Permit, where such higher or more restrictive standards or requirements are found

necessary by the Planning Commission to attain the purposes of this Ordinance.

ARTICLE III

ESTABLISHMENT OF ZONING DISTRICTS

SECTION 3.1 ESTABLISHMENT OF ZONING DISTRICTS

The Township of Woodstock is hereby divided into the following zoning districts:

3.1.1 Open Districts. Open Districts are established to protect land best suited for open use from

the encroachment of incompatible land uses, to preserve valuable agricultural land for

agricultural uses, and to retain land suited for open space and recreation use for the future.

Open Districts include the following districts:

A Ag: Agricultural District

B RO: Recreation Open Space District

3.1.2 Residential Districts. Residential Districts are designated principally for residential use and

are limited to dwellings and uses normally associated with residential neighborhoods in order

to encourage a suitable and healthy environment for family life. The residential uses and

dwellings according to a well-considered plan which reflects the different types of residential

uses and dwellings, the different densities of population and the intensity of land use desired:

potential nuisances and hazards which may cause unhealthy conditions: and the relationship

of residential uses and dwellings to other areas devoted to agricultural, commercial, or

industrial use and to streets. Residential Districts include the following districts:

A RNF: Rural Non-Farm Residential District

B RL: Lake Residential District

C RS: Suburban Residential District

D RM: Multiple-Family Residential District

E MH: Manufactured Home Residential District

3.1.3 Commercial Districts. Commercial Districts are designed to limit compatible commercial

enterprises at appropriate locations to encourage efficient traffic movement, parking, and

utility service; advance public safety; and protect surrounding property. The Commercial

Districts are designed to regulate the location of these business uses according to a well-

considered plan which determined the types of such uses and the intensity of land, street and

highway use in each district; potential nuisances and hazards which may cause unsafe

conditions; and the relationship of commercial uses to each other and to other areas devoted

to agricultural, residential, or industrial use and to streets and highways. Commercial Districts

include the following districts:

A C-1: Local Commercial District

B C-2: General Commercial District

C C-3: Highway Service Commercial District

3.1.4 Industrial District. The Industrial District is intended to provide for designating areas within

the Township for certain types of industrial uses as a means of providing employment

opportunities citizens and the resultant economic benefits conferred upon Woodstock

Township. In order that this value may be maintained and this use encouraged, this

Ordinance has established zoning districts designed to regulate the location of industrial uses

according to a well-considered plan which reflects the types of such uses and the intensity of

land, street, and highway use in each such district; potential nuisances and hazards which

may cause unsafe and unhealthy conditions; and the relationship of industrial uses to each

other and to other areas devoted to agricultural, residential, or commercial use and to streets,

highways, and other means of transportation. To these ends, certain uses which would

function more effectively in other districts and would interfere with the operation of these

industrial activities and the purpose of these districts have been excluded. The Industrial

District includes the following district:

A I: General Industrial District

SECTION 3.2 OFFICIAL ZONING MAP

3.2.1 The zoning districts as provided in Section 3.1 of this Ordinance are bound and defined on a

map entitled, "Official Zoning Map, Woodstock Township, Lenawee County, Michigan, dated

_1/26/16

which map with all explanatory matter thereon, is hereby adopted as a part of this

Ordinance.

3.2.2 The Official Zoning Map shall be identified by the signature of the Township Supervisor,

attested by the Clerk. The Official Zoning Map shall be located in the Township Hall and

available for examination. The Zoning Map shall be updated at direction of Township Board

as needed.

SECTION 3.3 INTERPRETATION OF DISTRICT BOUNDARIES

Except where specifically designated on the Official Zoning Map, the zoning district boundary lines are

intended to follow lot lines, the center lines of streets or alleys, the center lines of creeks, streams or

rivers, the center lines of streets or alleys projected, center lines of railroad right-of-way lines, section

lines, one quarter(1/4) section lines, one-eighth (1/8) section lines, or a corporate limit line, all as they

existed at the time of the enactment of this Ordinance, as subsequently modified and designated as such

boundary line. Where a district boundary does not coincide with any of the above lines, the district

boundary lines shall be dimensioned on the Official Zoning Map. When the location of a district boundary

is uncertain, the Zoning Board of Appeals shall interpret the exact location of the district boundary.

SECTION 3.4 INTERPRETATION OF UNSPECIFIED LAND USES

It is recognized that it is neither possible nor practical to list all of the potential land uses indicated and

intended for the individual zoning districts. Therefore, any other use that is determined by the Township

Board, after hearing and recommendation by the Township Planning Commission, to be of the same

general character, compatibility and similarity as the indicated permitted or conditional use, may be

permitted provided the use is not mentioned or permitted within another zoning district. However,

notwithstanding, a use mentioned or permitted in another zoning district may be permitted under this

section, after hearing, recommendation and approval, if it is of a less intense nature and otherwise

compatible with the zoning district for which it is proposed.

ARTICLE IV

AGRICULTURAL DISTRICT (AG)

SECTION 4.1 INTENT

The intent of this district is to set aside land suitable for agricultural development and agricultural related

uses.

SECTION 4.2 PERMITTED USES

4.2.1 General and specialized farming and agricultural activities except feedlots, but including the

raising or growing and storage or preservation of crops, sod, livestock, poultry, rabbits, fur-

bearing animals, and other farm animals, and plants, trees, shrubs, and nursery stock.

4.2.2 Sale of agricultural products raised or grown on the farm premises including roadside stand

for said sales.

4.2.3 Single-family detached dwellings.

4.2.4 Home occupations only in accordance with the regulations specified in ARTICLE XVI, Section

16.11.

4.2.5 Kennels.

4.2.6 Conservation and/or recreation areas including forest preserves, game refuges, nature

reservations, hunt clubs, and similar areas of low intensity use.

4.2.7 Accessory uses or structures.

4.2.8 Essential services and structures of a non-industrial character, but not including maintenance

depots and warehouses only in accordance with the regulations specified in ARTICLE XVI,

Section 16.14.

4.2.9 On-site signs only in accordance with the regulations specified in ARTICLE XVI, Section

16.2.2.

4.2.10 State licensed residential facilities provided that no other state licensed facility exists within a

fifteen hundred (1500) radius.

4.2.11 Bed and Breakfast.

SECTION 4.3 CONDITIONAL USES

4.3.1 Airports.

4.3.2 Animal hospitals.

4.3.3 Cemeteries.

4.3.4 Churches and other buildings for religious worship.

4.3.5 Commercial feedlots.

4.3.6 Communication Tower.

4.3.7 Convalescent homes, nursing homes, hospital, sanitariums, and orphanages.

4.3.8 Extraction, soil removal and mining operations.

4.3.9 Golf courses.

4.3.10 Golf driving ranges.

4.3.11 Group or organized camps, camping grounds, and general or specialized resorts.

4.3.12 Gun clubs and shooting ranges

4.3.13 Meat processing and packaging facilities

4.3.14 Public and private nurseries, primary or secondary non-profit schools, and colleges and

universities.

4.3.15 Riding academies and stables.

4.3.16 Sanitary landfills.

4.3.17 Travel trailer parks.

4.3.18 Hauling of local agricultural products and associated equipment maintenance"

4.3.19 Medical Marijuana Growing Operations, as that term is defined by this ordinance, subject to

the provisions of Section 17.9.9.

SECTION 4.4 AREA, YARD, HEIGHT, AND BULK REQUIREMENTS

See ARTICLE XV.

ARTICLE V

RECREATION OPEN SPACE DISTRICT (RO)

SECTION 5.1 INTENT

The intent of this district is to set aside those lands which, because of their physical characteristics, would

be suitable for recreation and open space use.

SECTION 5.2 PERMITTED USES

5.2.1 Public or private forest preserve, game refuge, golf course and club, golf driving ranges, park,

playground, or other recreation purpose.

5.2.2 Public and private conservation areas and structures for the development, protection and

conservation of open space, watersheds, water, soil, forest, and wildlife resources.

5.2.3 Single-family dwellings.

5.2.4 Accessory uses or structures.

5.2.5 Essential services and structures of a non-industrial character, but not including maintenance

depots or warehouses.

SECTION 5.3 CONDITIONAL USES

5.3.1 Amusement parks.

5.3.2 Commercially operated trails for use by motor cycles, dune buggies, snowmobiles, and

similar types of vehicles.

5.3.3 Gun clubs and shooting ranges.

5.3.4 Extraction, soil removal and mining operations.

5.3.5 Camp grounds.

SECTION 5.4 AREA, YARD, HEIGHT, AND BULK REQUIREMENTS

See ARTICLE XV.

ARTICLE VI

RURAL NON-FARM RESIDENTIAL DISTRICT (RNF)

SECTION 6.1 INTENT

This district is established to provide suitable areas for single family dwellings at low densities to preserve

a predominantly rural character in these areas fit for concentrated residential use because of the ability of

the soil to absorb sewage wastes from individual septic tanks.

SECTION 6.2 PERMITTED USES

6.2.1 Single-family detached dwellings.

6.2.2 Home occupations, only in accordance with the regulations specified in ARTICLE XVI,

Section 16.11.

6.2.3 State licensed residential facilities provided that no other state licensed residential facility

exists within a fifteen hundred (1500) foot radius.

6.2.4 Accessory uses or structures.

6.2.5 Essential services, only in accordance with the regulations specified in ARTICLE XVI, Section

16.14.

6.2.6 On-site signs, only in accordance with the regulations specified in Article V, Section 5.2.3.

6.2.7 Bed and Breakfast.

SECTION 6.3 CONDITIONAL USES

6.3.1 Churches and other buildings for religious worship.

6.3.2 Essential services structures of a non-industrial character, but not including maintenance

depots or warehouses.

6.3.3 Golf courses and golf driving ranges.

6.3.4 Government or community-owned buildings.

6.3.5 Country clubs; public swimming pools; recreation centers; and parks, playgrounds, and

playfields.

6.3.6 Planned unit developments.

6.3.7 Public and private nursery, primary and secondary non-profit schools.

SECTION 6.4 AREA, YARD, HEIGHT, AND BULK REQUIREMENTS

See ARTICLE XV.

ARTICLE VII

LAKE RESIDENTIAL DISTRICT (RL)

SECTION 7.1 INTENT

This district is designed to preserve and enhance areas which are suitable for lakefront residential

development, principally single family dwellings at moderate densities, with consideration to protecting the

lake waters from potential pollutants.

SECTION 7.2 PERMITTED USES

7.2.1 Single-family detached dwellings.

7.2.2 Home occupations in accordance with regulations specified in ARTICLE XVI, Section 16.11.

7.2.3 State licensed residential facilities provided that no other state licensed facility exists within

fifteen hundred (1500) foot radius.

7.2.4 Accessory uses or structures.

7.2.5 Essential services, only in accordance with the Regulations specified in ARTICLE XVI,

Section 16.14.

7.2.6 On-site signs, only in accordance with the Regulations specified in ARTICLE XVI, Section

16.2.3.

SECTION 7.3 CONDITIONAL USES

7.3.1 Churches and other buildings for religious worship.

7.3.2 Essential service structures of a non-industrial character, but not including maintenance

depots or warehouses.

7.3.3 Parks and playgrounds.

7.3.4 Planned-unit residential developments.

SECTION 7.4 AREA, YARD, HEIGHT, AND BULK REQUIREMENTS

See ARTICLE XV.

ARTICLE VIII

SUBURBAN RESIDENTIAL DISTRICT (RS)

SECTION 8.1 INTENT

This district is designed to provide residential areas principally for moderate suburban densities

where necessary urban services and facilities, including central sewerage and water supply systems,

can be feasibly provided.

SECTION 8.2 PERMITTED USES

8.2.1 Single-family detached dwellings.

8.2.2 Home occupations, only in accordance with the regulations specified in ARTICLE XVI,

Section 16.11.

8.2.3 State licensed residential facilities provided that no other State licensed residential facility

exists within a one thousand five hundred (1,500) feet radius.

8.2.4 Accessory uses or structures.

8.2.5 Essential services, only in accordance with the regulations specified in ARTICLE XVI, Section

16.14.

8.2.6 On-site signs, only in accordance with the regulations specified in ARTICLE XVI, Section

16.2.3.

8.2.7 Bed and Breakfast.

SECTION 8.3 CONDITIONAL USES

8.3.1 Churches and other buildings for religious worship.

8.3.2 Country clubs, recreation centers, public swimming pools, parks, playgrounds, and playfields.

8.3.3 Essential service structures of a non-industrial character, but not including maintenance

depots or warehouses.

8.3.4 Golf courses and golf driving ranges.

8.3.5 Government- or community-owned buildings.

8.3.6 Planned unit residential developments.

8.3.7 Public and private nurseries, primary and secondary non-profit schools.

SECTION 8.4 AREA, YARD, HEIGHT, AND BULK REQUIREMENTS

See ARTICLE XV.

ARTICLE IX

MULTIPLE-FAMILY RESIDENTIAL DISTRICT (RM)

SECTION 9.1 INTENT

This district is designed to permit a high density of population and a high intensity of land use in those

areas which are served by a central water supply system and a central sanitary sewerage system, and

which abut or are adjacent to such other uses or amenities which support, complement, or serve such a

density and intensity.

SECTION 9.2 PERMITTED USES

9.2.1 Multiple-family dwellings.

9.2.2 Two-family dwellings.

9.2.3 Rooming houses and boarding houses.

9.2.4 Home occupations, only in accordance with the regulations specified in ARTICLE XVI,

Section 16.11.

9.2.5 Accessory uses or structures.

9.2.6 Essential services, only in accordance with the regulations specified in ARTICLE XVI, Section

16.14.

9.2.7 On-site signs, only in accordance with the regulations specified in ARTICLE XVI, Section

16.2.3.

SECTION 9.3 CONDITIONAL USES

9.3.1 Churches and other buildings for religious worship.

9.3.2 Essential service structures of a non-industrial character, but not including maintenance

depots or warehouses.

9.3.3 Funeral establishments.

9.3.4 Government or community-owned buildings.

9.3.5 Hospitals, convalescent or nursing homes, sanitariums, and orphanages.

9.3.6 Offices.

9.3.7 Medical and dental clinics.

9.3.8 Manufactured home parks.

9.3.9 Manufactured home subdivision in accordance with the requirements of single-family dwelling

in ARTICLE XVI, Section 16.11.

9.3.10 Planned-unit residential developments.

9.3.11 Public and private nurseries, primary and secondary non-profit schools, and colleges and

universities.

9.3.12 Public swimming pools, recreation centers, parks, playgrounds, and playfields.

9.3.13 Single-family dwellings.

SECTION 9.4 AREA, YARD, HEIGHT, AND BULK REQUIREMENTS

See ARTICLE XV.

ARTICLE X

MANUFACTURED HOME RESIDENTIAL DISTRICT (MH)

SECTION 10.1 INTENT

This district is composed of those areas of Township whose principal use is or ought to be manufactured

home dwellings. The regulations of this district are designed to permit a density of population and an

intensity of land use in those areas which are served by a central water supply system and a central

sanitary sewerage system, and which abut or are adjacent to such other uses, buildings, structures, or

amenities which support, complement, or serve such a density and intensity.

SECTION 10.2 PERMITTED USES

10.2.1 Manufactured home parks.

10.2.2 Manufactured home subdivisions in accordance with the provisions of ARTICLE VIII, (RS,

Suburban Residential District) of this Ordinance.

10.2.3 Public schools.

10.2.4 State licensed residential facilities provided that no other state licensed residential facility

exists within a fifteen hundred (1500) foot radius.

SECTION 10.3 MANUFACTURED HOME PARK REGULATIONS

10.3.1 Adherence to Mobile Home Commission Regulations. Manufactured housing parks shall

be subject to all the rules and requirements of the Mobile Home Commission Act (P.A. 96 of

1987, as amended), the Manufactured Housing Commission General Rules, and the

minimum requirements set forth in this Section.

10.3.2 Lot Area and Height Regulations.

A Lot Area. The minimum area of the lot that comprises the manufactured housing

park shall be 20 acres.

B Height Requirements.

1. Except as otherwise provided in paragraph (ii) below, no building or structure

shall exceed a height of two (2) stories or 25 feet.

2. The maximum height of accessory structures in a manufactured housing park

shall be 15 feet. The height of a storage building on a manufactured housing

park site shall not exceed the lesser of 15 feet or the height of the

manufactured housing.

10.3.3 Landscaping.

A A landscape strip at least 20 feet wide shall be located and continually maintained

along all park borders not adjacent to public streets. This strip shall consist of such

plant materials as trees and shrubs to provide privacy for the manufactured housing

park residents and to provide a transition area between the manufactured housing

park and surrounding properties. A fence may be required by the Planning

Commission as part of the site plan approval to protect the manufactured housing

park or adjacent properties from trespassing.

B Such landscape strip shall not contain carports, recreation shelters, storage shelters,

or any other structures, parking spaces, or active recreation areas.

C Outdoor Patio. An all-weather, hard-surfaced outdoor patio area of not less than one

hundred twenty (120) square feet shall be provided at each manufactured home site,

conveniently located to the entrance of the manufactured home and appropriately

related to open areas of the lot and other facilities, for the purpose of providing

suitable outdoor living space to supplement the limited interior spaces of

manufactured home.

10.3.4 Exterior Antenna. When exterior television antenna installation is necessary, a master

antenna shall be installed and extended to individual stands by underground lines. Such

master antenna shall be so placed as not to be a nuisance to park residents or surrounding

areas.

10.3.5 Minimum Distances. A manufactured home shall be in compliance with the following

minimum distances:

A Twenty (20) feet from any part of an attached or detached structure, which is used for

living purposes, on an adjacent manufactured housing park site.

B Ten (10) feet from an attached or detached structure or accessory, which is not used

for living purposes, of an adjacent manufactured home.

C Ten (10) feet from an on-site parking space of an adjacent site.

D Fifteen (15) feet to any parking area designed for general parking in such park

(general parking defines parking bays for other than park residents.)

E Fifty (50) feet from any permanent building.

F Ten (10) feet from the edge of an internal street.

G Fifty (50) feet to the right-of-way of any public street or highway and 300 feet to the

right-of-way of any U.S. highway.

H Thirty (30) feet to the boundary of such park which is not a public street.

I Thirty (30) feet to any collector street of such park (parking bay or central parking

drive not a collector street.

10.3.6 Parking Requirements.

A A minimum of two (2) parking spaces shall be provided for each manufactured

housing park site.

B Additional parking facilities shall be provided:

1. for storage of maintenance vehicles;

2. at the park office location for office visitors; and

3. for general visitor parking, at the ratio of one (1) parking space for every

three (3) manufactured housing park sites in the park, in a convenient

location for the manufactured housing park sites served thereby.

10.3.7 Streets.

A Vehicular access to a manufactured housing park shall be provided by at least one

hard-surface public road as designated in the adopted Growth Management Plan.

B Only streets within the manufactured housing park shall provide vehicular access to

individual manufactured housing park sites in the manufactured housing park.

C Minimum widths of roadways within park shall be as follows:

Traffic Use Motor Vehicle Parking Minimum Pavement Width

2-way road Parking prohibited 22 feet

2-way road Parallel parking on 2 sides 42 feet

1-way road Parallel parking on 1 side

only

22 feet

1-way road Parallel parking on 2

sides

32 feet

D A dead-end road shall terminate with an adequate turning area. A blunt end road is

prohibited. Parking shall not be permitted within the turning area. Adequate turning

radii for emergency vehicles, including fire trucks, shall be provided.

10.3.8 Walkways. Walkways shall not be less than four (4) feet in width excepting that walkways

designed for common use of not more than three (3) feet in width.

10.3.9 Hard Surfaces Required. All driveways, motor vehicle parking spaces and walkways within

such parks shall be hard surfaced and adequately drained and lighted for safety and ease of

movement.

10.3.10 Outdoor Storage.

A Common storage areas for the storage of boats, motorcycles, recreation vehicles,

and similar equipment may be provided in a manufactured housing park, but shall be

limited for use only by residents of the manufactured housing park. The location of

such storage area shall be shown on the site plan. No part of such storage area shall

be located in any yard setback required on the perimeter of the manufactured

housing park. Such storage area shall be screened from view from adjacent

residential properties, public streets, and roads.

B Each manufactured home park shall include similarly designed enclosed storage

structure or structures suitable for storage of goods and the usual effects of the

inhabitants of such park, such storage space should not be less than one hundred

forty-four (144) cubic feet for each manufactured home. Such storage structure or

structures may be located in manufactured home sites or in common structure with

individual lockers.

C Storage of goods and articles underneath any manufactured home or out of doors at

any manufactured home site shall be prohibited.

10.3.11 Site-constructed buildings. All buildings constructed on site within a manufactured housing

park must be constructed in compliance with applicable building, electrical, plumbing, and

mechanical and cross-connection codes. Any addition to a manufactured housing unit that is

not certified as meeting the standards of the U.S. Department of Housing and Urban

Development for manufactured housing shall comply with applicable building, electrical,

plumbing, and mechanical codes. Certificates and permits shall be required as provided in

Article 1.0 (Administration and Enforcement). A final site plan shall be approved prior to

construction of any principal structure, not including manufactured housing park units, in

accordance with ARTICLE XVIII (Site Plan Review and Approval) of this Ordinance.

10.3.12 Placement of a Manufactured Housing Park Unit.

A It shall be unlawful to park a manufactured housing park unit so that any part of such

unit will obstruct a street or pedestrian walkway.

B A building permit shall be issued by the Township Building Department before a

manufactured home may be placed on a site in a manufactured housing park.

10.3.13 Site Plan Review Required.

A Construction of a manufactured housing park shall require prior approval of a site

plan by the Township Planning Commission.

B The site plan shall be prepared on standard 24-inch by 36-inch sheets and shall be of

a scale not greater than one (1) inch equals 20 feet or less than one (1) inch equals

200 feet, and of such accuracy that the Planning Commission can readily interpret

the plan.

C For purposes of this Section only, a site plan shall provide the following information:

1. Scale, north arrow, name and date, and date of any revisions.

2. Name and address of property owner and applicant; interest of applicant in

the property; name and address of developer.

3. Name and address of designer. A site plan shall be prepared by a community

planner, architect, landscape architect, engineer, or land surveyor registered

in the State of Michigan.

4. A vicinity map; legal description of the property; dimensions and area; lot line

dimensions and bearings. A metes and bounds description shall be based on

a boundary survey prepared by a registered surveyor.

5. Existing topography, at a minimum of two (2) foot contour intervals; existing

natural features such as trees, wooded areas, streams, and wetlands; natural

features to remain or to be removed; 100-year flood hazard area.

6. Existing buildings, structures, and other improvements, including drives,

utility poles and sewers, easements, pipelines, excavations, ditches, bridges,

culverts; existing improvements to remain or to be removed; deed

restrictions, if any.

7. Name and address of owners of adjacent properties; use and zoning of

adjacent properties; location and outline of buildings, drives, parking lots, and

other improvements on adjacent properties.

8. Locations and size of existing public utilities on or surrounding the property;

location of existing fire hydrants; inverts of sanitary and storm sewers;

location of existing manholes and catch basins; location of existing wells,

septic tanks, and drain fields, if applicable.

9. Names and rights-of-way of existing streets on or adjacent to the property;

surface type and width; spot elevations of street surface at intersections with

streets and drives of the proposed development.

10. Zoning classification of the subject property; location of required yards; total

property area; dwelling unit density; schedule of dwelling units, by type;

phasing information.

11. Grading plan, at a minimum contour interval of two (2) feet.

12. Location and exterior dimensions of proposed buildings and structures other

than manufactured housing unit dwellings; height and finished floor

elevations of such buildings and structures; location of the manufactured

home and parking spaces on each manufactured housing park site.

13. Location and alignment of all proposed streets and drives; rights-of-way,

where applicable; surface type and width; typical street sections; location and

details of curbs; curb radii.

14. Location and dimensions of all proposed parking areas; number of spaces in

each; dimensions of spaces and aisles; typical cross section of parking

surface.

15. Location, width, and surface of proposed sidewalks and pedestrian paths,

including notations on the site plan depicting handicapped access.

16. Location, use, size, and proposed improvements of open space and

recreation areas.

17. Location and type of proposed screens and fences; height, typical elevations,

and vertical section of screens, showing materials and dimensions.

18. Location, type, size, area, and height of proposed signs.

19. General proposed utility layout for sanitary sewer, water and storm water

systems.

20. Landscape plan showing location, type, and size of plant materials.

21. Location, dimension, and materials of proposed retaining walls; fill materials;

typical vertical sections.

22. An overall map shall be developed on a 24-inch by 36-inch sheet showing

how this property ties in with all other surrounding properties, including:

(a) existing and proposed water mains and sanitary and storm sewers in

the area, including sanitary sewer service areas;

(b) the road network in the area; and

retention bases in the general area that impact or are impacted by

this development as well as an area-wide drainage map showing all

the sub-areas that affect this site (all drainage must be directed to

retention ponds).

10.3.14 Building Permits Required. No manufactured home may be placed on a manufactured

housing park site until a Building Permit has been issued by Woodstock Township. A Building

Permit shall not be issued until all required state approvals have been obtained.

10.3.15 Occupancy. A manufactured home in a manufactured housing park shall not be occupied

until all required approvals have been obtained from the State of Michigan and a Certificate of

Occupancy is issued by the Woodstock Township Zoning Inspector.

10.3.16 Garbage and Trash Disposal. Disposal of garbage and trash shall be by any method

approved by the State and shall be inspected periodically by the Lenawee County Health

Department.

10.3.17 Utilities and Storm Drainage.

A All manufactured homes within such parks shall be suitably connected to sewer and

water services provided at each manufactured site, and shall meet the requirements

and be approved by the Lenawee County Health Department.

B All sanitary sewage facilities, including plumbing connections to each manufactured

home site, shall be constructed so that all facilities and lines are protected from

freezing, from bumping or from creating any type of nuisance or health hazard.

Running water from a state tested and approved supply, designed adequately for a

minimum flow of two hundred (200) gallons per day per manufactured home site shall

be piped to each trailer. Sewer connections shall not exceed ten (10) feet in length

above ground.

C All electric, telephone and other lines from supply poles or other sources to each

manufactured home site shall be underground. The electrical system shall be of such

voltage and of such capacity to adequately serve all users in the park at peak

periods. When separate meters are installed, they shall be located in a uniform

manner.

D Any fuel oil and gas storage shall be centrally located in underground tanks, at a

distance away from any manufactured home site as it is found to be safe. All fuel

lines leading to manufactured home sites shall be underground and so designed as

to conform to Woodstock Township Building Code and any State code that is found

to be applicable. When separate meters are installed, each shall be located in a

uniform manner.

E Storm drainage facilities shall be so constructed as to protect those that will reside in

the manufactured home park, as well as the property owner adjacent to the park.

10.3.18 Recreation Space. A recreation space of at least three hundred (300) square feet per

manufactured home site in park shall be developed and maintained by the management. This

area shall not be less than one hundred (100) feet in its smallest dimension and its boundary

no further than one thousand (1,000) feet from any manufactured home site served. Streets,

parking areas, and laundry rooms are not be included as recreation space in computing the

necessary area.

10.3.19 Travel Trailers Prohibited. No trailer designed for temporary or seasonal living shall be

occupied in a manufactured home park.

10.3.20 Sale of homes. The business of selling new and/or used manufactured housings as a

commercial operation in connection with the operation of manufactured housing parks shall

be prohibited. New or used manufactured homes located on lots within the manufactured

housing park to be used and occupied on that site may be sold by a licensed dealer or

broker. This Section shall not prohibit the sale of a used manufactured home by a resident of

the manufactured housing park provided the park's regulations permit the sale.

SECTION 10.4 AREA, YARD, HEIGHT, AND BULK REQUIREMENTS

See ARTICLE XV.

ARTICLE XI

LOCAL COMMERCIAL DISTRICT (C-1)

SECTION 11.1 INTENT

This district is designed to encourage planned and integrated groupings of stores that will retail

convenience goods and provide personal services to meet regular and recurring needs of the

neighborhood resident population. To these ends, certain uses, which would function more effectively in

other districts and would interfere with the operation of these business activities and the purpose of this

district, have been excluded.

SECTION 11.2 PERMITTED USES

11.2.1 Business services including banks, loan offices, real estate offices, and insurance offices.

11.2.2 Offices of an executive, administrative, or professional nature.

11.2.3 Personal services, including barber shops and beauty salons; medical and dental clinics; dry

cleaners and self-service Laundromats; and sale and repair shops for watches, shoes,

radios, and televisions.

11.2.4 Retail sale of foods, drugs, hardware, notions, books, and similar convenience goods.

11.2.5 Accessory uses or structures.

11.2.6 Essential services and structures of a non-industrial character.

11.2.7 On-site signs, only in accordance with the regulations as specified in ARTICLE XVI, Section

16.2.4.

SECTION 11.3 CONDITIONAL USES

11.3.1 Churches and other buildings for religious worship.

11.3.2 Communication Tower.

11.3.3 Government or community-owned buildings, but not including schools.

11.3.4 Planned unit developments.

11.3.5 Single-family dwelling to be occupied as the principal residence of an owner actively, on a full

time basis, operating the commercial business located on the premises or occupied as the

principal residence of the full time manager of the commercial business located on the

premises.

11.3.6 Medical Marijuana Growing Operations, as that term is defined by this ordinance, subject to

the provisions of Section 17.9.9.

SECTION 11.4 AREA, YARD, HEIGHT, AND BULK REQUIREMENTS

See ARTICLE XV.

ARTICLE XII

GENERAL COMMERCIAL DISTRICT (C-2)

SECTION 12.1 INTENT

This district is intended to encourage planned and integrated groupings of retail, service, and

administrative establishments which will retail convenience and comparison goods and provide personal

and professional services for the entire area and to accommodate commercial establishments which

cannot be practically provided in a neighborhood commercial area.

SECTION 12.2 PERMITTED USES

12.2.1 Any use permitted in the Local Commercial District (C-1).

12.2.2 Business schools, including dance schools, music schools, and art schools.

12.2.3 Clubs and lodges.

12.2.4 Eating and drinking establishments, but not including drive-in types.

12.2.5 Funeral homes.

12.2.6 Indoor commercial amusement and recreation services, including theaters, bowling alleys,

and roller and ice skating rinks.

12.2.7 Indoor retail sales establishments.

12.2.8 Printing establishments.

12.2.9 Accessory uses or structures.

12.2.10 Essential services and structures of a non-industrial character.

12.2.11 On-site signs, only in accordance with the regulations as specified in ARTICLE XVI, Section

16.2.5.

SECTION 12.3 CONDITIONAL USES

12.3.1 Drive-in business services.

12.3.2 Hotels or motels.

12.3.3 Churches and other buildings for religious worship.

12.3.4 Communication Tower.

12.3.5 Government or community-owned buildings, but not including schools.

12.3.6 Motor vehicle service stations

12.3.7 Open Recreational Vehicle Storage.

12.3.8 Public Warehouses.

12.3.9 Small animal clinics.

12.3.10 Single-family dwelling to be occupied as the principal residence of an owner actively, on a full

time basis, operating the commercial business located on the premises or occupied as the

principal residence of the full time manager of the commercial business located on the

premises.

12.3.11 Medical Marijuana Growing Operations, as that term is defined by this ordinance, subject to

the provisions of Section 17.9.9.

SECTION 12.4 AREA, YARD, HEIGHT, AND BULK REQUIREMENTS

See ARTICLE XV.

ARTICLE XIII

HIGHWAY SERVICE COMMERCIAL DISTRICT (C-3)

SECTION 13.1 INTENT

This district is intended to provide for various commercial establishments offering accommodations,

supplies, and services to local as well as through automobile and truck traffic. These districts should be

provided at locations along major thoroughfares or adjacent to the interchange ramps of a limited access

highway facility and should encourage grouping of various facilities into centers and discourage

dispersion of these activities.

SECTION 13.2 PERMITTED USES

13.2.1 Drive-in retail and service establishments, except drive-in theaters.

13.2.2 Eating and drinking establishments.

13.2.3 Motels and hotels.

13.2.4 Motor vehicle service stations.

13.2.5 Sales, rental, and service of motor vehicles, trailers, and boats.

13.2.6 Temporary camping, provided a temporary permit be issued by the Township Zoning

Inspector and further provided that the use of the campground not exceed two (2) weeks in

duration and a permit may not be issued consecutively more than once per year for an

individual property.

13.2.7 Accessory uses or structures.

13.2.8 Essential services and structures of a non-industrial character.

13.2.9 On-site and off-site signs, only in accordance with the regulations as specified in Article V,

Sections 5.2.5 and 5.2.6.

SECTION 13.3 CONDITIONAL USES

13.3.1 Adult regulated uses.

13.3.2 Communication Tower.

13.3.3 Drive-in theaters.

13.3.4 Indoor and outdoor commercial amusements and entertainment.

13.3.5 Motor vehicle repair garages.

13.3.6 Open Recreational Vehicle Storage.

13.3.7 Outdoor flea market.

13.3.8 Self-Service Storage Facility

13.3.9 Single-family dwelling to be occupied as the principal residence of an owner actively, on a full

time basis, operating the commercial business located on the premises or occupied as the

principal residence of the full time manager of the commercial business located on the

premises.

13.3.10 Medical Marijuana Growing Operations, as that term is defined by this ordinance, subject to

the provisions of Section 17.9.9.

SECTION 13.4 AREA, YARD, HEIGHT, AND BULK REQUIREMENTS

See ARTICLE XV.

ARTICLE XIV

GENERAL INDUSTRIAL DISTRICT (I)

SECTION 14.1 INTENT

This district is designed to provide suitable space for light industrial uses which operate in a safe, non-

objectionable and efficient manner, and which are compatible in appearance with and require a minimum

of buffering measures from adjoining non industrial zoning district. These uses generate a minimum of

noise, glare, odor, dust, vibration, air and water pollutants, fire, explosive and radioactive hazards, and

other harmful or obnoxious matter.

SECTION 14.2 PERMITTED USES

14.2.1 All industrial uses not in conflict with any enacted state or local laws, or any provisions of this

Ordinance.

14.2.2 Assembly and manufacture, from prefabricated parts, of household appliances, electronic

products, machinery and hardware products, and similar products; or the processing or

assembling of parts for production of finished equipment.

14.2.3 Contractor's yard.

14.2.4 Farm machinery and equipment sales and repair.

14.2.5 General service and repair establishments including dyeing, cleaning, or laundry works and

upholstery or appliance repair.

14.2.6 Industrial office buildings.

14.2.7 Railroad Terminals.

14.2.8 Skilled trade services including plumbing, electric, heating, printing, and painting

establishments.

14.2.9 Trucking terminals.

14.2.10 Vehicle repair garages, but not including auto junk yards.

14.2.11 Wholesale merchandising or bulk storage.

14.2.12 Essential services and structures.

14.2.13 On-site and off-site signs only in accordance with the regulations as Specified in ARTICLE

XVI, Section 16.2.5 and 16.2.6.

SECTION 14.3 CONDITIONAL USES

14.3.1 Asphalt processing facilities and necessary equipment

14.3.2 Bulk oil storage.

14.3.3 Communication Tower.

14.3.4 Junk Yards.

14.3.5 Research and testing laboratories or facilities.

14.3.6 Sanitary landfills.

14.3.7 Medical Marijuana Growing Operations, as that term is defined by this ordinance, subject to

the provisions of Section 17.9.9.

SECTION 14.4 AREA, YARD, HEIGHT, AND BULK REQUIREMENTS

See ARTICLE XV.

ARTICLE XV

Area, Height and Bulk Requirements

Zoning District

Lot Requirements Minimum Yard Requirements

Maximum Building

Height Requirements

Minimum Transition Strip

Requirements

Comments

Minimum

Lot Area

Minimum

Lot Width

(in feet)

Maximum

Lot

Coverage

Front

(in feet)

Side

(in feet)

Rear

(in feet)

Principal

Accessory

(in feet)

Agricultural

(AG)

2 acres*

200 10% 60

60‡

story

or 35 ft

Single-family detached

dwelling units

5 acres*

All other uses

Recreational

Open Space

(RO)

2 acres*

300 10% 60

60‡

story

or 35 ft

Single-family detached

dwelling units

5 acres* All other uses

Rural Non-Farm

Residential

(RNF)

1 acre*

150 20% 50

35‡

story

or 35 ft

Single-family detached

dwelling units

2 acre* All other uses

Lake Residential

(RL)

15,000 ft

30%

10 / 25

total

35‡

story

or 35 ft

Single-family detached dwelling

units with central sewers and

water systems

15,000 ft

100

Single-family detached dwelling

50¤

1 acre* 120

All other uses

Suburban

Residential (RS)

10,000 ft

100

30% 35

10 / 25

total

35‡

story

or 35 ft

Single-family detached dwelling

units with central sewers and

water systems

15,000 ft

120

Single-family detached dwelling

units without central sewers and

water systems

1 acre* 120 All other uses

Multi-Family

Residential (RM)

10,000 ft

* 80

25% 25

10 / 25

total

35‡

story

or 35 ft

Single-family detached dwelling

units with central sewers and

water systems

15,000 ft

120

Single-family detached dwelling

units without central sewers and

water systems

15,000 ft

120

15,000 ft

for first three

dwelling units plus 2,000 ft

for each

additional dwelling unit

acre*

120 All other uses

Zoning District

Lot Requirements Minimum Yard Requirements

Maximum Building

Height Requirements

Minimum Transition Strip

Requirements

Minimum

Lot Area

Minimum

Lot Width

(in feet)

Maximum

Lot

Coverage

Front

(in feet)

Side

(in feet)

Rear

(in feet)

Principal

Accessory

(in feet)

Manufactured

Home

Residential (MH)

10 acres

35 15%

8 / 20 total

Front and

Rear

10 / 25

total

8 / 20 total

Front and

Rear

1 story or

15 ft

15 See MH District

Manufactured Home Park

4,500 ft

Manufactured home site within a

Manufactured Home Park

Local

Commercial

(C-1)

10,000 ft

25% 35

35‡

35 35 ft

15 ft wide and fence, wall or hedge;

4 to 6 ft, if abutting a residential district;

20 ft wide, landscaped strip if fronting a

public street

With central sewers and

water systems

15,000 ft

100

Without central sewers and water

systems

General

Commercial

(C-2)

10,000 ft

25% 35

35‡

20 35 ft

15 ft wide and fence, wall or hedge;

4 to 6 ft if abutting a residential district;

20 ft wide landscaped strip if fronting a

public street

With central sewers and

water systems

15,000 ft

100

Without central sewers and water

systems

Highway

Services

Commercial (C-

15,000 ft

100 25% 35

35‡

20 35 ft

15 ft wide and fence, wall or hedge;

4 to 6 ft if abutting a residential district;

20 ft wide landscaped strip if fronting a

public street

With central sewers and

water systems

Without central sewers and water

systems

General

Industrial (I)

10,000 ft

80 25% 35

35‡

35 35 ft

25 ft wide and fence >4 ft but <8 ft in

height if abutting a residential district

or commercial district;

20 ft wide, landscaped strip if fronting

a public street

‡ Corner Lot

¤ Abutting a water body

* Stand alone accessory structures may be constructed provided that the lot meets the minimum lot area requirements for zoning district.

SECTION 15.1 COMPLIANCE WITH REGULATIONS

15.1.1 No building or structure shall hereafter be erected or altered to exceed the height; to occupy

a greater percentage of lot area; to have narrower or smaller rear yards, front yards, side

yards, or other open spaces than prescribed for the district in which the building or structure

is located.

15.1.2 No yard or lot existing at the time of passage of this Ordinance shall be reduced in dimension

or area below the minimum requirements set forth for the district in which the yard or lot is

located. Yards or lots created after the effective date of this Ordinance shall meet at least the

minimum requirements established by this Ordinance.

15.1.3 No part of a yard or other open space required for or in connection with, any structure for the

purpose of complying with this Ordinance, shall be included as part of a yard or open space

similarly required for any other structure.

SECTION 15.2 YARD MEASUREMENTS

15.2.1 Lots that abut on more than one (1) street shall provide the required front yards along every

street.

15.2.2 All front, side, and rear yards shall be the minimum perpendicular distance measured from

the principal structure, excluding all projections not exceeding three (3) feet in length from the

structure wall.

SECTION 15.3 HEIGHT EXCEPTIONS

Exceptions to the maximum height regulations for each district specified in this Ordinance may be

permitted subject to the following provisions:

15.3.1 Height Limitations. The limitations affecting the height of structures shall not apply to the

following appurtenant appendages and structures provided they comply with all other

provisions of this or any other applicable ordinances: Parapet walls, chimneys, smokestacks,

church spires, flagpoles, radio and television towers, penthouses for mechanical equipment,

and water tanks.

15.3.2 Commercial and Governmental Towers. Subject to site plan review, height in excess of the

height above average ground level allowed in any district may be permitted for television,

radio and/or telephone towers, used for commercial or governmental purposes (including

essential services) provided all minimum front, side rear yard depths are increased one (1)

foot for each additional one (1) foot of height, and further subject to any conditions placed on

such use as a result of site plan review.

SECTION 15.4 ACCESSORY STRUCTURES

15.4.1 Location. A building over two hundred (200) square foot footprint shall be located no closer

than ten (10) feet to any other building or structure on adjacent property.

15.4.2 Dimensional Requirements. All detached accessory structures in any residential district shall

be subject to the same dimensional requirements affecting the principal structure, except

however, such accessory structure may be placed not less than six (6) feet from any rear lot

line or the rear yard portion of any side lot line.

15.4.3 Non-Residential District Requirements. All accessory structures in non-residential districts

shall be subject to the same standards and requirements as are required for all principal

structures within such districts.

15.4.4 Decks. For the purposes of this ordinance, attached decks, shall be considered an extension

of the primary structure and subject to the provisions applicable to such structures within this

ordinance. In addition, within all Lake Residential (RL) Districts in front, side, or rear yard

areas of lots abutting on a body of water, or road abutting a body of water, the following

additional provisions shall apply:

A The floor elevation of an attached deck shall not exceed the elevation of the first

floor, excluding the basement, of the principal structure located on the lot.

B On any freestanding deck, closer than fifty (50) feet to the high water mark, floor

elevation may not exceed more than one (1) foot above grade.

C A freestanding deck may be no closer than eight (8) feet from the high water mark of

a body of water in a Lake Residential (RL) District.

D Railings surrounding attached decks shall be permitted. They shall be constructed to

maintain the view of the body of water from adjacent properties. Railings shall not

exceed thirty-six (36) inches in height.

E Railings surrounding freestanding decks are not permitted.

F Determination of obstruction of view shall be made in consultation with the property

owners, adjacent property owners, and zoning inspector before issuance of the

zoning permit. If no agreement can be reached, the matter will be resolved through

application to the Zoning Board of Appeals (See Article VII).

15.4.5 Distance Between Grouped Buildings. In addition to the required setback lines provided

elsewhere in this Ordinance, in group dwellings (including semi-detached and multiple

dwellings) the following minimum distances shall be required between each said dwelling:

A Where buildings are front to front or front to rear, three (3) times the height of the

taller building, but not less than seventy (70) feet.

B Where buildings are side to side, one (1) times the height of the taller building, but

not less than twenty (20) feet.

C Where buildings are front to side, rear to side, or rear to rear, two (2) times the height

of the taller building but not less than forty-five (45) feet.

15.4.6 Number of Permitted Accessory Structures. Subject to the maximum lot coverage

provisions of Article XV the following regulations shall govern the number of accessory

structures permitted on a single lot of record:

A In all Residential Districts (RNF, RL, RS, RM) no more than one (1) attached and one

(1) detached accessory structure shall be permitted.

B In all other Zoning Districts there shall be no limit to the number of permitted

accessory structures.

15.4.7 Freestanding Accessory Structures. Notwithstanding anything herein to the contrary,

subject to the maximum lot coverage provisions of Article XV, on lots with a minimum lot area

of: (a) two(2) acres in the Agricultural(AG) and Recreation Open Space(RO) Zoning

Districts;(b) one(1) acre in the Rural Non-Farm Residential(RNF) Zoning District; and (c) ten

thousand(10,000) square feet in Lake Residential(RL) Zoning District, a freestanding

accessory structure may be erected or placed on a single lot of record, without the necessity

of a principal structure being located on such lot, if said lots are otherwise in compliance with

this Ordinance.

SECTION 15.5 MAXIMUM DENSITY

15.5.1 In all districts, the total number of units in a planned unit development a platted development,

a cluster development, site condominium development or any development of that type, shall

be determined by ARTICLE XV, exclusive of the following areas: subaqueous or submerged

bottom land of lakes or streams, wetlands and floodplains as stipulated in Section 15.5.2

below.

15.5.2 On parcels containing wetlands or floodplains or both, only twenty-five (25) percent of the

wetlands of floodplain may be included within the total site area for the computation of

density, however, in no instance shall that portion of the wetlands or floodplain which

exceeds the size of the upland area of the parcel be eligible for computation of density.

ARTICLE XVI

SUPPLEMENTAL REGULATIONS

SECTION 16.1 PURPOSE

It is the purpose of this Article of this Ordinance to provide regulations and requirements that supplement

the provisions contained under the respective district regulations in Article IV, and may or may not apply

in all zoning districts.

SECTION 16.2 SIGN REGULATIONS

16.2.1 General Sign Regulations.

A No sign shall be erected at any location, where by reason of the position, size,

shape, color, movement, or illumination, may interfere with or obstruct the view of

traffic, nor shall any sign be confused with any authorized traffic sign, signal, or

device.

B All signs shall be designed, constructed, and maintained so as to be appropriate in

appearance with the existing or intended character of their vicinity so as not to

change the aesthetic character of such area.

C In the Agricultural District, Recreation Open Space District, and all Residential

districts, signs may be illuminated only by non-flashing reflected light. Any light used

to illuminate such signs shall be so arranged as to reflect light away from adjoining

premises and streets. All signs shall be placed no closer to the street right-of-way line

than ten (10) feet.

D In the Local Commercial District, General Commercial, Highway Service Commercial,

and General Industrial Districts, all signs may be illuminated internally or by reflected

light provided the source of light is not directly visible and is so arranged to reflect

away from the adjoining premises and streets. No illumination involving movement by

reason of the lighting arrangement or other devises shall be permitted.

E Any sign located on a State or Federal Highway shall be exempt from the terms of

this Ordinance as long as such sign meets the standards and requirements of

applicable State or Federal rules, regulations and/or statutes.

16.2.2 Permitted On-Site Signs in the Agricultural District and Recreation Open Space

District.

A One (1) on-site sign advertising the sale or lease of the lot, chattels, or building, not

exceeding six (6) square feet in area.

B One (1) on-site sign announcing a home occupation not to exceed six (6) square feet

in area.

C One (1) on-site sign identifying a park, school building, or other authorized use not to

exceed thirty-two (32) square feet in area.

D One (1) on-site sign advertising the type of farm products grown on the farmstead not

to exceed thirty-two (32) square feet in area.

16.2.3 Permitted On-Site Signs in Residential Districts. The following on-site signs are permitted

on any one (1) lot in Residential Districts:

A One (1) on-site sign advertising the sale or lease of the lot, chattels, or building not

exceeding six (6) square feet in area.

B One (1) on-site sign announcing a home occupation, boarding home, or professional

service, not to exceed six (6) square feet in area and it shall be attached flat against

the front wall of the building.

C One (1) on-site sign advertising a recorded subdivision or development not to exceed

thirty-two (32) square feet in area. Such sign shall be removed within one (1) year

after the sale of ninety (90%) percent of all lots or units within said subdivision or

development.

D One (1) on-site sign not having commercial connotations identifying a multiple-family

building or development or manufactured home park, not to exceed thirty-two (32)

square feet in area.

E One (1) on-site sign identifying a school, church, public building, or other authorized

use, not to exceed thirty-two (32) square feet in area.

16.2.4 Permitted On-Site Signs in General Commercial, Highway Service Commercial, and

General Industrial Districts. The following on-site signs are permitted on any one (1) lot in

the Local Commercial, General Commercial, Highway Service Commercial and General

Industrial Districts

A One (1) on-site sign may be affixed flat against the wall of the building, or may project

there from not more than forty-eight (48) inches. The total sign area shall not exceed

sixty-four (64) square foot.

B One (1) on-site free-standing identification sign may be erected for a shopping center

or other integrated group of stores or commercial buildings. The area of said sign

shall be based on one (1) square foot for each front foot of building, or buildings, for

which it is established; however, it shall not exceed two hundred (200) square feet in

area, nor be closer to the front, side, or rear property line, than ten (10) feet.

C One (1) on-site free-standing identification sign may be erected for each separate

enterprise situated on an individual lot not located within a shopping center. Such

sign shall not exceed sixty-four (64) square feet in area, nor be closer to the front,

side, or rear property line, than ten (10) feet.

16.2.5 Off-Site Signs. Off-site signs, signs advertising a product for sale or a service to be rendered

at a location other than the premises, shall be permitted in the Highway Service Commercial,

and General Industrial Districts under the following conditions

A Where two (2) or more off-site signs are along the frontage of a single street or

highway they shall not be less than three hundred (300) feet apart. A double face

(back to back) or a V-type structure shall be considered a single sign.

B The total surface area, facing in the same direction of any off site sign, shall not

exceed three hundred (300) square feet in area.

C No off-site sign shall be erected on the roof of any building, nor have one sign above

another sign.

D Off-site signs may be illuminated by reflected light only, provided the source of light is

not directly visible and is so arranged to reflect away from the adjoining premises and

provided that such illumination shall not be so placed as to cause confusion or a

hazard to traffic or conflict with traffic control signs or lights. No illumination involving

movement by reason of lighting arrangement or other devices shall be permitted.

16.2.6 Signs for Motor Vehicle Service Stations. Notwithstanding other provisions of this

Ordinance, one (1) permanently installed sign shall be permitted on each street frontage,

installed so that a clear view of street traffic by motorists or pedestrians may not be

obstructed in any way to a height of sixteen (16) feet other than necessary supports, and not

exceeding one hundred (100) square feet in area. A sign or legend may also be placed on

the main building or fuel pump canopies.

SECTION 16.3 OFF-STREET PARKING REQUIREMENTS

In all districts, there shall be provided at the time any building, structure, or use is established, enlarged,

or increased in capacity, off-street parking spaces for motor vehicles with the requirements herein

specified. Such off-street parking spaces shall be maintained and shall not be encroached upon by

structures or other uses so long as the principal building, structure, or use remains, unless an equivalent

number of such spaces are provided elsewhere in conformance with this Ordinance.

16.3.1 Plans. Plans and specifications showing required off-street parking spaces, including the

means of access and interior circulation, shall be submitted to the Zoning Inspector for review

at the time of application for a Zoning Compliance Permit for the erection or enlargement of a

building.

16.3.2 Location of Off-Street Parking Areas. Required off-street parking facilities shall be located

on the same lot as the principal building or on a lot within three hundred (300) feet thereof

except that this distance shall not exceed one hundred fifty (150) feet for single-family and

two-family dwellings. This distance specified shall be measured from the nearest point of the

parking facility to the nearest point of the lot occupied by the building or use that such facility

is required to serve.

16.3.3 Parking in Residential Districts. Parking of motor vehicles in residential districts shall be

limited to passenger vehicles, and not more than one (1) commercial vehicle of the light

delivery type, not to exceed three-fourths (3/4) ton shall be permitted per dwelling unit. The

parking of any other type of commercial vehicle, except for those parked on school or church

property, is prohibited in a residential zone.

16.3.4 Off-Street Parking Area Design.

A Each off-street parking space for automobiles shall be not less than two hundred

(200) square feet in area, exclusive of access drives or aisles, and shall be of usable

shape and condition.

B There shall be provided a minimum access drive of ten (10) feet in width, and where

a turning radius is necessary, it will be of such an arc as to reasonably allow an

unobstructed flow of vehicles.

C Parking aisles for automobiles shall be of sufficient width to allow a minimum turning

movement in and out of parking space. The minimum width of such aisles shall be:

1. For ninety (90) degree or perpendicular parking, the aisle shall not be less

than twenty-two (22) feet in width.

2. For sixty (60) degree parking, the aisle shall not be less than eighteen (18)

feet in width.

3. For forty-five (45) degree parking, the aisle shall not be less than thirteen

(13) feet in width.

4. For parallel parking, the aisle shall not be less than ten (10) feet in width.

D All off-street parking spaces shall not be closer than five (5) feet to any property line,

except where a wall, fence, or compact planting strip exists as a parking barrier along

the property line.

E All off-street parking areas shall be drained so as to prevent drainage to abutting

properties and shall be constructed of materials which will have a dust-free surface

resistant to erosion.

F Any lighting fixtures used to illuminate any off-street parking area shall be so

arranged as to reflect the light away from any adjoining residential lot or institutional

premises.

G Any off-street parking area providing space for five (5) or more vehicles shall be

effectively screened on any side which adjoins or faces property adjoining a

residential lot or institution, by a wall, fence, or compact planting not less than four (4)

feet in height. Plantings shall be maintained in good condition and not encroach on

adjoining property.

H All off-street parking areas that make it necessary for vehicles to back out directly into

a public road are prohibited, provided that this prohibition shall not apply to off-street

parking areas of one- or two-family dwellings.

16.3.5 Collective Parking. Requirements for the provision of parking facilities with respect to two

(2) or more property uses of the same or different types may be satisfied if the permanent

allocation of the requisite number of spaces designated is not less than the sum of individual

requirements.

16.3.6 Determining Requirements. For the purposes of determining off-street parking

requirements the following units of measure shall apply:

A Floor Area: In the case where floor area is the unit for determining the required

number of off-street parking spaces, said unit shall mean the gross floor area, except

that such floor area need not include any area used for parking within the principal

building and need not include any area used for incidental service storage,

installations of mechanical equipment, penthouse housing ventilators and heating

systems, and similar uses.

B Places of Assembly: In stadiums, sports arenas, churches, and other places of

assembly in which those in attendance occupy benches, pews, or other similar

seating facilities, each eighteen (18) inches of such seating facilities shall be counted

as one (1) seat. In cases where a place of assembly has both fixed seats and open

assembly area, requirements shall be computed separately for each type and added

together.

C Fractions: When units of measurement determining the number of required parking

spaces result in requirement of a fractional space, any fraction up to and including

one-half (1/2) shall be disregarded and fractions over one-half (1/2) shall require one

(1) parking space.

16.3.7 Schedule of Off-Street Parking Spaces. The minimum required off-street parking spaces is

set forth in the following Schedule of Off-Street Parking Spaces. Where a use is not

specifically mentioned, the parking requirements of a similar or related use shall apply.

Use Parking Space Requirements

Motor Vehicle or Machinery Sales

and Service Garages

One (1) space for each two hundred (200) square

feet of showroom floor area plus two (2) spaces for

each service bay plus one (1) space for each two (2)

employees.

Motor Vehicle Service Stations One (1) space for each eight hundred (800) square

feet of floor area plus one (1) space for each four (4)

employees.

Bank, Business, and Professional Offices One (1) space for each two hundred (200) square

feet of gross floor area.

Barber Shops and Beauty One (1) space for each chair parlors plus one (1)

space for each employee.

Bowling Alleys Seven (7) spaces for each alley.

Churches, Auditoriums, Stadiums, Sports

Arenas, Theaters, Dance Halls, Assembly

Halls, other than Schools

One (1) space for each four (4) seats

Dwelling Unit

Two (2) spaces for each family or dwelling unit.

Elementary and Junior High One (1) space for each employee Schools, Private

or Public normally engaged in or about the building

or grounds plus one (1) space for each thirty (30)

students enrolled.

Funeral Homes and Mortuaries

One (1) spaces for each fifty (50) square feet of floor

area plus one (1) space for each fleet vehicle.

Drive-in Restaurants Ten (10) spaces plus one (1) space for every twenty

(20) square feet of gross floor area.

Furniture, Appliance Household Equipment

Furniture Repair Shops

One (1) space for each four hundred (400) square

feet of floor area.

Hospitals

One (1) space for each bed excluding bassinets plus

one (1) space for each two (2) employees.

Hotels, Motels, Lodging Houses,

Boarding Homes

One (1) space for each living unit plus one (1)

space for each two (2) employees.

Manufacturing, Fabricating, Processing and

Bottling Plants, Research & Testing

Laboratories

One (1) space for each two (2) employees on

maximum shift.

Medical and Dental Clinics One (1) space for each two hundred (200) square

feet of floor area plus one (1) space for each two (2)

employees.

Restaurants, Beer Parlors, Taverns, and Night

Clubs

One (1) space for each two (2) patrons of maximum

seating capacity plus one (1) space for each two (2)

employees.

Use Parking Space Requirements

Self-service Laundry or Dry Cleaning

Stores

One (1) space for each two (2) washing and/or dry

cleaning machines.

Senior High School Institutions of Higher

Learning, Private or Public

One (1) space for each employee in or about the

building or grounds plus one (1) space for each four (4)

students

Supermarket, Self-service Food and

Discount Stores

One (1) space for each two hundred (200) square feet

of floor area plus one (1) space for each employee.

Wholesale Establishments

One (1) space for each four hundred (400) square

feet of floor area plus one (1) space for each two (2)

employees.

16.3.8 Exception. The parking requirements for all uses proposed on a lot shall be cumulative,

unless the Planning Commission shall find that the parking requirements of a particular land

use occur at different hours from those of other contiguous land uses, such that particular

land use parking areas can be advantageously used during non-conflicting hours by the other

contiguous land use, in which event the required parking spaces for such particular land use

may be reduced by the Planning Commission to a minimum of the greatest number of spaces

required for any of such contiguous land uses.

SECTION 16.4 OFF-STREET LOADING AND UNLOADING REQUIREMENTS

In connection with every building, structure, or use hereafter erected, except single- and two-family

dwelling unit structures, which customarily receive or distribute material or merchandise by vehicle, there

shall be provided on the same lot with such buildings, off-street loading and unloading space.

16.4.1 Plans. Plans and specifications showing required loading and unloading spaces including the

means of ingress and egress and interior circulation shall be submitted to the Zoning

Inspector for review at the time of application for a Zoning Compliance Permit.

16.4.2 Off Street Loading Area Design.

A Each off-street loading and unloading space shall not be less than ten (10) feet in

width and fifty-five (55) feet in length with not less than fifteen (15) feet in height

clearance.

B Any loading-unloading space shall not be closer than fifty (50) feet to any other lot

located in any residential district unless wholly within a completely enclosed building

or unless enclosed on all sides by a wall, fence, or compact planting not less than six

(6) feet in height.

C All off-street loading and unloading facilities that make it necessary to back out

directly into a public road shall be prohibited.

16.4.3 Off-Street Loading Area Space Requirements.

A In the case of mixed uses on one (1) lot or parcel, the total requirements for off-street

loading-unloading facilities shall be the sum of the various uses computed separately.

B All retail sales facilities having over five thousand (5,000) square feet of gross floor

area shall be provided with at least one (1) off-street loading-unloading space, and

for every additional twenty thousand (20,000) square feet of gross floor space, or

fraction thereof, one (1) additional loading-unloading space.

C All industrial and wholesale commercial land uses shall provide one (1) loading space

for each ten thousand (10,000) square feet of floor space, with a minimum of not less

than two (2) loading spaces.

SECTION 16.5 PERFORMANCE STANDARDS

16.5.1 Requirements. No lot, building, or structure in any district shall be used in any manner so as

to create any dangerous, injurious, noxious, or otherwise objectionable element or condition

so as to adversely affect the surrounding area or adjoining premises. Uses in all districts,

where permitted, shall comply with the following performance requirements:

A Vibration. No vibration shall be permitted which is discernable without instruments

on any adjoining lot or property.

B Smoke. Smoke shall not be emitted with a density greater than No. 1 on the

Ringleman Chart as issued by the U.S. Bureau of Miners except for blow-off periods

of ten (10) minutes duration of one (1) per hour when a density of not more than No.

2 is permitted.

C Odor. No malodorous gas or matter shall be permitted which is offensive or as to

produce a public nuisance or hazard on any adjoining lot or property.

D Air Pollution. No pollution of air by fly-ash, dust, vapors, or other substances shall

be permitted which is harmful to health, animals, vegetation, or other property, or

which can cause excessive soiling.

E Glare. No direct or reflected glare shall be permitted which is visible from any

property or from any public street, road, or highway.

F Erosion. No erosion, by either wind or water, shall be permitted which will carry

objectionable substances onto neighboring properties, lakes, ponds, rivers, or

streams.

16.5.2 Plans. The application for a zoning compliance permit for a use subject to performance

requirements shall be accompanied by a description of the machinery, process, and

products; and specifications for the mechanisms and techniques to be used in meeting the

performance standards.

16.5.3 Enforcement. The Zoning Inspector may refer the application to one (1) or more expert

consultants qualified to advise whether a proposed use will conform to the performance

standards. The costs of such services shall be borne by the applicant, and a copy of any

report shall be furnished to the applicant and the Township of Woodstock.

SECTION 16.6 STORAGE OF MATERIALS

The location or storage of abandoned, discarded, unused or unusable, or inoperative vehicles,

appliances, furniture, equipment, or material shall be regulated as follows:

16.6.1 On any lot in any open district, residential district, or commercial district, the owner or tenant,

but not for hire or for business, shall locate and store such materials in a manner least

observable in any commercial district.

16.6.2 On any lot in any industrial district, the owner or tenant, whether or not for hire or for

business, shall locate and store such materials within a completely enclosed building or

within an area surrounded by a solid, unpierced fence or wall at least seven (7) feet in height

and not less in height than the materials located or stored therein, and not closer to the lot

lines than the minimum yard requirements for buildings permitted in said districts.

16.6.3 Nothing in this ordinance shall permit the storage or parking of any vehicle or non-permanent

structure within the required front yard of any lot within a residential district, except that the

parking of a passenger vehicle on a drive way located on private property shall not be

prohibited.

16.6.4 In any manufactured home residential district (MH-1), in conjunction with an established

Manufactured Home Park or Manufactured home subdivision, temporary storage of materials

and equipment, including unused manufactured home units but excluding vehicles, may be

located and stored within an area surrounded by a fence or wall at least six (6) feet in height

and screened from view of neighboring properties and public roadways by means of a buffer

of appropriate plantings and/or landscaping, and located not closer than one hundred (100)

16.6.5 Upon a complaint in writing by any township resident the Township shall review and have

sole power in the determination of a violation.

16.6.6 For purposes of this section, the following definitions shall apply:

A Motor vehicles are hereby defined as any wheeled vehicles which are self-propelled

or intended to be self-propelled.

B Inoperable motor vehicles are defined as motor vehicles which by reason of

dismantling, lack of repair, or other cause are incapable of being propelled under

their own power including but not limited to any motor vehicle, watercraft, trailer or

other item required to be registered for transport on a public street, road or highway

in the State of Michigan that does not have currently valid registration plates issued

under the laws of this or another state pertaining to the registration of motor vehicles,

watercraft, trailer or other items of public transport.

C Dismantled or partially dismantled motor vehicles are defined as motor vehicles,

watercraft, trailers or other items required to be registered for transport on a public

street, road or highway in the State of Michigan from which some part or parts that

are ordinarily a component of such motor vehicle, watercraft, trailer or other item of

transport has been removed or is missing.

SECTION 16.7 TRAVEL TRAILERS

16.7.1 No travel trailer shall be used as a dwelling except in a campground, or as a temporary

dwelling for a period not to exceed two (2) weeks provided such travel trailer is situated on a

parcel of land upon which is located a dwelling with water and sanitary facilities accessible to

the travel trailer occupants.

16.7.2 Such travel trailer shall not be located between the established setback line and the public

right-of-way line of such premises.

16.7.3 The sanitary facilities of the travel trailer for the disposal of sewage and waste shall be

properly connected to the central sewage system available, then properly connected to the

existing septic tank sewage disposal system which is approved by the Lenawee County

Health Department for the permanent dwelling to be constructed thereat, or have a holding

tank adequate for the stay.

SECTION 16.8 VISIBILITY AT INTERSECTIONS

On any corner lot in any zoning district requiring front and side yards, no fence, wall, hedge, screen, sign,

structure, vegetation, or planting shall be allowed to impede vision between a height of three (3) feet and

eight (8) feet above the centerline grades within the triangular area formed by the intersecting street right

of way lines and a straight line joining the two (2) streets lines at points which are thirty (30) feet distant

from the point of intersection, measured along the street right-of-way line. In addition, in any zoning

district, hedges, vegetation and plantings shall not be closer than three (3) feet from the road right of way

and shall not exceed three (3) feet in height for a distance of ten (10) feet from road right of way and

under no circumstances shall vegetation or any other obstruction cause impaired visibility from an

driveway or approach.

SECTION 16.9 DRIVEWAYS AND ROADS

16.9.1 Definitions. For purposes of this Section, the following words and phrases shall be defined

as follows:

A A "driveway" is an improved or unimproved path or road extending from a public or

private road to a single lot, building, dwelling or structure, intended to provide ingress

and egress primarily for the occupants thereof.

B A "shared driveway" is a path or road extending from a public or private road to 2

lots, buildings, dwellings or structures, intended to provide ingress and egress

primarily for the occupants thereof.

C A "private road" is the entire length of any undedicated path, drive or road which is

privately owned and maintained and which provides or is intended to provide the

primary means of ingress and egress to 3 or more lots, dwellings, dwelling units or

structures or combination thereof. Driveways providing access to a single building,

dwelling or structure are not considered to be part of a private road. Private road

provisions of this Section shall not apply to internal roads serving only one lot or

parcel of land which has direct public or private street frontage and is under the

control of one person, corporation, or association, and which is to be developed for

uses subject to site plan review under this Ordinance. Such internal roads shall not

provide the principal means of access to any abutting lot or parcel of land. Examples

of access roads that may be exempted from the provisions of this section include

those serving multi-family dwellings, nursing homes, hospitals, factories, schools,

mobile-home parks, and shopping centers.

D A "private road easement" is an easement which is granted exclusively for private

access to 3 or more lots, whether by grant of easement, private dedication,

designation as a common area, or other means, and which contains a private road.

E An "existing-private road" is a private road which is used to provide access to existing

lots, buildings or dwelling units as of the effective date of this Section.

F An "existing lot" is a lot which, as of the effective date of this Section (September 26,

1990) meets at least one of the following conditions:

1. The lot consists of a parcel described by metes and bounds for which a deed

has been recorded with the Lenawee County Register of Deeds, or of a

parcel described by a land contract or memorandum of land contract which

has been recorded with the Lenawee County Register of Deeds;

2. The lot has been assigned its own permanent parcel number by the Lenawee

County Property Description and Mapping Department and is individually

assessed and taxed on that basis; or

3. The lot consists of a "condominium unit" (i.e., a portion of a condominium

project designed and intended for separate ownership and use as described

in the condominium master deed) located within a "site- condominium"

development for which a condominium master deed has been recorded with

the Lenawee County Register of Deeds in accordance with the requirements

of the Michigan Condominium Act (PA59 of 1978, as amended, MCLA

559.101 et seq.) and other applicable laws and ordinances.

G An "existing building" or an "existing dwelling unit" is a building or dwelling unit for

which a building permit has been issued by the Township as of the effective date of

this Section.

16.9.2 Access to Streets: In all zoning districts, every use, building, or structure built or established

after the effective date of this Ordinance shall be on a lot or parcel which adjoins either a

public street or a private road, subject to the standards set forth in this Section, and which

shall have access to the public street or private road by means of a driveway or approved

shared driveway.

16.9.3 Shared Driveways: Minimum Standards and Requirements Applicable.

A After the effective date of this Section, no shared driveway shall be constructed,

extended, improved or relocated, nor shall an existing driveway be used or extended

to provide access to a second lot, building or dwelling unit which was not existing and

which was not provided access by the driveway as of the effective date of this

Section, except in accordance with the minimum standards and requirements of this

Section.

B For a shared driveway existing as of the effective date of this Section, which

thereafter becomes a private road by extension or lot division, the existing portion of

the shared driveway shall be improved to the private-road requirements stated in this

Section.

16.9.4 Shared Driveways: Minimum Standards for Design and Construction.

A The area in which the shared driveway is to be located shall have a minimum cleared

width of 20 feet. The cleared width shall be maintained by those having legal right to

use the shared driveway.

B A shared driveway shall be located within an easement of not less than 20 feet wide.

C Only one shared driveway shall be located within an easement.

D The driving surface shall be at least 12 feet wide.

E All shared gravel driveways shall be constructed on a base of stable soil and a

minimum of 6 inches of MDOT 22A compacted road gravel on the top thereof.

F The driving surface of the shared driveway shall be crowned or sloped to facilitate

drainage.

G The longitudinal slope of the driveway shall not exceed 15 percent unless a steeper

driveway is specifically approved.

H The driving surface of the driveway shall be adequately maintained by the property

owner, or by those with a legal right to use the driveway.

I When a shared driveway crosses a natural stream or drainage course, adequate

provisions shall be included to maintain the surface water flow to the satisfaction of

the Zoning Inspector and any other agency having jurisdiction thereof. The method

used in crossing any natural stream, drainage course, or similar feature shall have a

sufficient load capacity to safely support Fire Department equipment.

J Except where the driveway crossed a natural stream or drainage course, the

driveway shall be no closer than 25 feet from the stream or drainage course or other

body of water.

K The inside radius of a driveway curve shall be a minimum of 40 feet.

L House numbers shall be visibly displayed at the intersection of the shared driveway

and the public or private road.

M The edge of the shared driveway shall be set back a minimum of 20 feet from any

existing principal dwelling not served by the shared driveway. For shared driveways

serving commercial and office uses, the Planning Commission may modify this

setback requirement if such modification is needed to achieve safe and efficient

traffic flow both on and off site.

N A shared driveway which intersects a public or private road shall be a minimum of 60

feet from any other shared driveway, or a private or public road which is on the same

side of the road. This distance shall be measured between centerlines.

16.9.5 Review and approval of Shared Driveway Plan.

A Prior to constructing, extending, improving or relocating a shared driveway, or using

or extending an existing driveway to provide access to a second lot, building, or

dwelling unit, which was not existing and which was not provided access by the

driveway of the effective date of this Section, a plan for the shared driveway shall be

submitted to the Township Fire Chief and to the Zoning Inspector to determine

compliance with the standards and requirements of this Section.

B A shared driveway which is part of a Planned Unit Development, Site Condominium,

Subdivision or other land development proposal requiring approval by the Planning

Commission may be approved by the Planning Commission subject to the shared

driveway regulations of this Ordinance and approval by the Township Engineer and

Fire Chief.

C The plan for the shared driveway shall accurately show the location, route,

dimensions, design and grade of the shared driveway; the relation of the shared

driveway to adjacent or intersecting public or private roads and other shared

driveways; existing, or proposed curb cuts; the lots, buildings or dwelling units,

existing and proposed, which will be provided access by the shared driveway; the

location of any drainage courses, lakes, streams or other natural bodies of water

within the shared-driveway easement and within 100 feet of the easement.

D If the Township Fire Chief, Township Engineer, and the Zoning Inspector or the

Planning Commission determine that the shared driveway meets the standards and

requirements of this Section, then the plan shall be approved and the shared

driveway may be constructed, extended, improved or relocated in accordance with

the approved plan.

16.9.6 Shared Driveways: Issuance of building permits. A building permit for a building or dwelling

to be served by a shared driveway shall not be issued unless the applicant for the building

permit provides the Township Building Inspector with (i) proof of lawful access over the shared

driveway to the lot, parcel or building site; (ii) an approved plan for the shared driveway; and

(iii) a driveway permit for the shared driveway issued by the Lenawee County Road

Commission, as applicable.

16.9.7 Private Roads: Minimum Standards and Requirements Applicable. After the effective date

of this Section, no private road shall be constructed, extended, improved or relocated, nor shall

an existing private road be used or extended to provide access to a lot, building or dwelling unit

which was not existing and which was not provided access by the private road as of the

effective date of this Section, except in accordance with the minimum standards and

requirements of this Section.

16.9.8 Private Roads: Minimum Standards for Design and Construction.

A A private road shall be located within a private road easement. The easement shall

be at least 40 feet wide at all points.

B A lot shall have frontage on the private road easement which is at least equal to the

minimum lot width required for the zoning district in which the lot is located.

C If determined necessary by the Fire Chief, the Site Plan Review Committee or

Planning Commission for maneuvering emergency vehicles or other public safety

purposes, a private road or segment of a private road which terminates in a cul-de-

sac or dead-end shall be provided with an easement with a minimum radius of 50

feet at the terminal end of the private road. In the event that severe topography,

mature trees or other similar significant natural feature prevents the reasonable

installation of the turnaround, the approving body may allow some other turnaround

design to enable emergency vehicles to maneuver.

D All private roads shall be constructed on a base of at least six inches of MDOT 22A

grade road gravel with a minimum of a 12 inch sand sub-base.

E A private road which serves at least 3 but not more than 20 residential lots, or

dwelling units, need not be paved but shall have a minimum width of 28 feet. This

includes cul-de-sacs which are connected to a larger private road system.

F A private road which serves more than 20 residential lots, or dwelling units, shall be

paved and shall have a minimum pavement width of 26 feet inclusive of curbs

measured back to back. This includes cul-de-sacs which are connected to a larger

private road system.

G A private road which serves commercial or office lots or buildings shall be paved and

have a minimum pavement width of 30 feet inclusive of curbs measured back to

back.

H On any private road which is required to be paved, a 3-foot wide road shoulder shall

be provided along each side of the paved surface of a private road and around the

circumference of the paved surface of any required turn-around area unless asphalt

or concrete curbing is provided.

I A private road, or interconnected private and public road system, or any combination

of public and/or private roads shall not serve more than 75 residential lots, site

condominium units, or dwelling units, unless a secondary means of egress is

provided for the entire property served. This secondary access shall meet the

minimum standards of this Section.

J A private road shall not exceed a grade of 10 percent; provided that within 30 feet of

the intersection of a private road with any other private road or with any public right-

of-way, a private road shall not exceed a grade of 4 percent.

K A private road shall be constructed in a manner determined adequate by the

Township Engineer to provide effective storm water drainage and to prevent run-off

onto adjacent property. If a private road crosses a natural drainage course, stream or

other natural body of water, the method of crossing (by bridge, culvert or other

structure, for example) must be approved by the Township Engineer and must

comply with applicable state and local requirements. The Fire Chief shall also

approve the crossing structure to ensure fire truck access.

L A private road shall be given a street name that is not the same or similar to any

other street name in the County as determined by the Lenawee County Road

Commission. A readily visible street sign bearing the name given the private road

shall be erected and maintained at the intersection of the private road with another

private road or a public right-of-way.

M A dwelling unit which derives its primary access from a private road shall display a

house number in a manner so that the number is at all times readily visible from the

private road.

N The edge of the private road pavement shall be set back a minimum of 35 feet from

any existing principal dwelling not served by the private road. For private roads

serving commercial and office uses, the Planning Commission may modify this

setback requirement if such modification is needed to achieve safe and efficient

traffic flow both on and off site.

O In order to facilitate access to adjoining properties when appropriate, reserve strips

may be required by the Planning Commission between the terminus of a private road

and the property’s boundary. The reserve strip shall be illustrated on the private road

plans. In considering whether to require a reserve strip, the Planning Commission

shall consider the following factors:

1. Whether cross-access across adjoining properties would improve traffic

circulation in both developments.

2. Whether or not it is practical to align the private roads.

3. The relative size and intensity of the adjoining developments, and

4. Whether or not there is an existing second means of access for the

development.

16.9.9 Review and approval of private road plan.

A Prior to constructing, extending, improving or relocating a private road, or using or

extending an existing private road to provide access to a lot, building, or dwelling

unit, which was not existing and which was not provided access by the private road

as of the effective date of this Section, a plan for the private road shall be submitted

to the Township Fire Chief and to the Site Plan Review Committee of the Planning

Commission to determine compliance with the standards and requirements of this

Section. A private road which is part of a Planned Unit Development, Site

Condominium, Subdivision or other land development proposal requiring approval by

the Planning Commission may be approved by the Planning Commission subject to

the private road regulations of this Ordinance and approval by the Township

Engineer and Fire Chief.

B The plan for the private road shall be prepared and sealed by a registered engineer

or surveyor and shall show the location, route, dimensions, design and grade of the

private road; the relation of the private road to adjacent or intersecting public or

private roads; existing, or proposed curb cuts; the lots, buildings or dwelling units,

existing and proposed, which will be provided access by the private road; the location

of public utilities within the private road easement and within 20 feet of the easement;

the location of any drainage courses, lakes, streams or other natural bodies of water

within the private road easement and within 100 feet of the easement; and the street

name and location of street signs.

C Provision shall be made to insure the continued repair and maintenance of the

private road, and financing of the costs thereof by the property owners benefiting

from the private road. This shall be accomplished through the use of a recorded

agreement between the parties in interest in the private street, or through a restrictive

covenant, which shall run with the land. This recorded agreement shall ensure that

easements are provided for access for emergency and other public vehicles and for

installation of public utilities. The agreement shall also contain a statement that no

public funds of Woodstock Township shall be used to build, repair or maintain the

private road. A copy of the agreement or restrictive covenant shall be provided to the

Township as a condition to approval of the plan for the private road.

D If the Township Fire Chief, Township Engineer, and the Site Plan Review Committee

or the Planning Commission determine that the private road meets the standards and

requirements of this Section, then the plan shall be approved and the private road

may be constructed, extended, improved or relocated in accordance with the

approved plan.

16.9.10 Private Roads: Issuance of building permits.

A A building permit for a building or dwelling to be served by a private road shall not be

issued unless the applicant for the building permit provides the Township Building

Inspector with (i) proof of lawful access over the private road to the lot, parcel or

building site; (ii) an approved plan for the private road and a copy of the signed and

recorded agreement or restrictive covenant as provided by Subsection 17.15(8); and

(iii) a driveway permit for the private road issued by the Lenawee County Road

Commission, as applicable.

B Drawings of the private road as it has been constructed shall be certified by the

registered professional engineer who prepared the plans and shall be provided to the

Township Zoning Coordinator before a Certificate of Occupancy is issued or the

applicant shall provide a bond or irrevocable letter of credit in an amount determined

by the Township to insure completion of the drawings as well as the completion of the

private road if necessary.

16.9.11 Application to existing private roads. Except with regard to the requirements under

Section 16.9.8 (L) and (M) regarding street names, street signs and house numbers, this

Section shall not apply to an existing private road which provides access solely to existing

lots, buildings, or dwelling units.

SECTION 16.10 FLOODPLAINS

Notwithstanding any other provisions of this ordinance, land subject to periodic flooding shall be used

only for agriculture and recreation uses, provided no structures are located within the area subject to

flooding. The location and boundaries of land subject to periodic flooding shall be determined by

reference to the U.S. Soil Conservation Service, the U.S. Army Corps. Of Engineers, or other official

authority.

SECTION 16.11 HOME OCCUPATION

16.11.1 A home occupation shall be clearly incidental and secondary to the use of the dwelling unit

for residential purposes. The following additional shall be observed.

16.11.2 Such home occupation shall be carried on within the dwelling or within a building accessory

thereto and entirely by the inhabitants thereof.

16.11.3 No article shall be sold or offered for sale on the premises except such as is produced within

the dwelling or accessory building or is provided incidental to the service or profession

conducted within the dwelling or accessory building.

16.11.4 There shall be no exterior storage of materials or equipment.

SECTION 16.12 FENCES

Fences in all districts except the Lake Residential district (RL) shall be permitted subject to the following

conditions:

16.12.1 Fences which enclose property shall not exceed six (6) feet in height, as measured from the

surface of the ground, and shall not extend toward the front of the lot nearer than the front of

the dwelling or the required minimum front yard, whichever is greater.

16.12.2 Fences located in the Lake Residential district (RL) shall not exceed a height of four (4) feet

as measured from the surface of the ground, nor shall such fences exceed fifty (5o%) percent

solidarity, subject to other provisions of this ordinance or state law. Fences enclosing

perimeter of a property may be placed no closer than three (3) inches of side lot lines and

three (3) inches of rear lot lines. Fences may be placed on lot lines with written consent of

both property owners at the time of permit is issued, and on file with zoning commission.

16.12.3 Fences located in a Lake Residential district (RL) shall be set back a minimum of three (3)

feet from the public road right-of-way on any lot contiguous with a public road.

16.12.4 Fences located in Lake Residential district (RL) shall not be located closer than eight (8) feet

to a body of water.

16.12.5 A person constructing a fence located in any zoning district shall be first required to obtain a

permit from the Township Zoning Inspector. Said permit will require a property legal

description supplied by the applicant and attached as part of the fence permit.

16.12.6 Use of an agricultural nature in an Agricultural district (AG) district shall be exempt from the

requirement of a permit for fences. The provisions of ARTICLE XVI, Section 16.12.1 shall

apply.

SECTION 16.13 TEMPORARY USE

Circuses, carnivals, or other transient enterprises require the approval of the Planning Commission

regardless of district and will be based on findings that the location of such activity will not adversely

affect the adjoining properties, nor adversely affect public health, safety, morals and the general welfare.

SECTION 16.14 ESSENTIAL SERVICES

16.14.1 Nothing in this Ordinance shall prohibit the provision of essential services, provided the

installation of such service does not violate any other applicable provision of this Ordinance.

16.14.2 Nothing in this section shall be construed to permit the erection, construction, or enlargement

of any building, tower, or maintenance depot for provision of an essential service except as

otherwise permitted in this ordinance.

SECTION 16.15 FLOOR AREA REQUIREMENTS FOR DWELLINGS

The floor area per dwelling unit erected on any lot or parcel shall not be less than that established by the

following table. In determining floor area, only area used for living quarters shall be counted. Garages,

carports, non-walled and non-roofed porches, and basements are to be excluded.

Number of Bedrooms in Each

Dwelling Unit

Minimum Floor Area Per Each Dwelling

Unit (sq. ft.)

0-2 860

3 1,000

4 1,100

5 1,200

SECTION 16.16 LOT TO BUILDING RELATIONSHIP

Every building erected, altered, or moved shall be located on a lot of record as defined in this Ordinance

or on a unit as described in the master deed of a site condominium project. Except in the case of

approved multiple dwelling developments located in the Multi-Family District (RM), in all other Residential

(RNF,RL,RS), Agricultural (AG) and Recreational Open Space (RO) Zoning Districts, there shall be no

more than one (1) residential structure and its permitted accessory structure(s) located on each lot or unit.

In all other districts, not more than one (1) principal structure shall be permitted on any lot of record.

SECTION 16.17 REQUIREMENTS FOR MANUFACTURED HOMES OUTSIDE OF

MANUFACTURED HOME PARKS

All manufactured homes located outside of a manufactured home park or subdivision shall have an

enclosed storage structure suitable for the storage of goods and the usual effects of the inhabitants of the

manufactured home. Such structure shall be a minimum of one hundred forty four (144) square feet in

area, and placed on at least a three and one half (3

) inch concrete slab, and be suitably anchored. A

single car garage with at least one hundred forty four (144) feet of storage space, excluding the space

customarily occupied by an automobile. Using such garage may be provided in lieu of a storage structure.

SECTION 16.18 YARD OR OCCASIONAL SALES

Yard, porch, garage or similar occasional sales conducted by the owner or occupant of property, where

the public is invited by signs, advertising, or other means to come for the purpose of purchasing used

good owned by the occupant of the property for not less than twelve (12) months, shall be permitted in

agricultural or residential district provided that such sales may in no event be conducted for a period of

more than five (5) days, nor shall the owner or occupant of a property conduct more than one (1) such

sale in a three (3) month period.

SECTION 16.19 PROHIBITION OF FUNNELING

Any proposed or actual use of any property, parcel or lot which constitutes Funneling as such term is

defined in this ordinance, is prohibited.

16.19.1 Where a parcel of land contiguous to a body of water is presented for subdividing, a

recreational park bordering on said body of water may be dedicated for the purpose of

swimming and picnicking, the privileges of which are to be reasonably enjoyed by the owners

and occupants of lots included in any plat or plats recorded within said parcel and only such

owners and occupants, provided that said recreational park is dedicated at the time for the

use of owners and occupants of lots contained in such a recorded plat or plats, at least

twenty (20) lineal feet of water frontage and one hundred fifty (150) feet in depth shall be

reserved therein for the rights of each lot of the size required by this division; provided,

however, that no recreational park so created shall have less than three hundred (300) feet of

water frontage. The launching of a watercraft required to be licensed by the State of Michigan

from said recreational park shall not be permitted nor shall watercraft required to be licensed

by the State of Michigan be allowed to be docked at such recreational park.

16.19.2 For residential developments, other than platted subdivisions but including cluster

developments which are platted but for which no lakefront lots are created within the

development, the maximum number of watercraft required to be licensed by the State of

Michigan which can be launched from the commons area or stored in any manner with the

commons area or on the water shall be determined by zoning district and shall not exceed

the following:

District Number of Spaces/Foot of Lake Frontage

RS 2 boats/100 feet

RL 2 boats/80 feet

RM 2 boats/80 feet

RNF 2 boats/150 feet

RO 2 boats/100 feet

Note: When "boats" is used in the above formula, it is referring to any watercraft that is

required to be licensed by the State of Michigan.

16.19.3 The creation of any lakefront lots within the development shall preclude the use of watercraft

required to be licensed by the State of Michigan from the commons area.

16.19.4 Prior to the issuance of a building permit, the owner or developer shall provide the township

with evidence that the limitation on the number of watercraft required to be licensed by the

State of Michigan to be docked will be included in the open space agreement in the instance

of a cluster development. In the instance of development in any District, evidence of such

limitation shall be submitted to the township board and shall be reviewed by the township

attorney.

16.19.5 When lots have lake access and meet the other requirements of this ordinance; such access

can only be used by property owners.

16.19.6 All watercraft docked through the provisions of this ordinance must be covered by proper

documentation.

SECTION 16.20 PERSONAL WIND GENERATION UNITS

16.20.1 Permitted Districts. Personal Wind Generation Units are allowed in the following zoning

districts under the following guidelines:

A Agricultural (AG)

B Recreation Open Space (RO)

C Rural Non-Farm Residential (RNF)

D Lake Residential (RL)

E Suburban Residential (RS)

16.20.2 Maximum Blade Diameters.

District Maximum Blade Diameters

AG 20 feet

RO 20 feet

RNF 10 feet

RL 8 feet

RS 10 feet

16.20.3 Regulations.

A Twelve (12) feet from grade to bottom of blade tip in a vertical position.

B No wind generation unit may have a set back of less than stated in zoning ordinance

bulk regulations. Distance measured from the blade tip in a horizontal position.

C No part of the wind generation unit may ever extend beyond a property line.

D Required permits

1. Zoning permit

2. Electrical permit

3. Building permit

E Wind generation units must be installed in a manner which meet or exceeds

manufacturer's installation instructions.

F A tower capable of being climbed shall have a locked and maintained anti-climb

device.

G All guy wires reaching the ground must have a permanent reflective jacket extending

to at least six (6) feet from grade.

H All parts of the wind generation units and its supports shall be painted with a non-

reflective paint and conform with the following performance standards:

I Each wind generation unit shall be designed constructed and operated so as not to

cause radio, telephone and television interference. In the event that electromagnetic

interference is experienced, the applicant must provide alternate service to each

individual resident or property owner affected or remove the wind generation unit.

J Each wind generation unit shall be capable of surviving wind speeds of one hundred

forty (140) miles per hour without structural damage.

ARTICLE XVII

CONDITIONAL USES

The formulation and enactment of this Ordinance is based upon the division of the Township of

Woodstock into districts in each of which are permitted specific uses which are mutually compatible. In

addition to such permit compatible uses however, there are certain other uses which may be necessary

or desirable to allow in certain locations in certain districts, but because of their actual or potential impact

on neighboring uses or public facilities, need to be carefully regulated with respect to their location for

protection of the Township of Woodstock. Such uses, on account of their peculiar locational need or the

nature of the service offered, may have to be established in a district in which they cannot be reasonably

allowed as a permitted use.

SECTION 17.1 AUTHORITY TO GRANT PERMITS

The Planning Commission as hereinafter provided, shall have the authority to recommend to the

Woodstock Township Board to grant conditional use permits, subject to such conditions of design,

operation and safeguards as the Woodstock Township Board may determine for all conditional uses

specified in the various district provisions of this Ordinance.

SECTION 17.2 APPLICATION AND FEE

Application for any conditional use permit permissible under the provisions of this Ordinance shall be

made to the Planning Commission through the Woodstock Township Clerk by filling in an official

conditional use permit application form: submitting required data, exhibits, and information: and

depositing the required fee as established by resolution of any government body or agency. No part of

such fee shall be returnable to the applicant.

SECTION 17.3 DATA, INFORMATION AND SITE PLAN APPLICATION REQUIREMENTS

An application for a conditional use permit shall include the applicant's name and address in full, a

statement that the applicant is the owner involved or is acting on the owner's behalf, the address of the

property involved, and site plan as specified in, and in accordance with ARTICLE XVIII (Site Plan Review

and Approval) of this Ordinance.

SECTION 17.4 PUBLIC HEARINGS

After a preliminary review of the site plan and an application for Conditional use permit, the Planning

Commission shall hold a hearing on the site plan and conditional use request. Notice of the hearing shall

be given by mail or personal delivery to the owners of property for which Conditional use permit approval

is being considered, to all persons to whom real property is assessed within three hundred (300) feet of

the boundary of the property in question, and to the occupants of all structures within three hundred (300)

feet. Notice of the Public Hearing shall also be published in a newspaper of general distribution in the

Township. Public notice shall be given not less than five (5) nor more than fifteen (15) days before the

date of the public hearing on the application. If the name of the occupant is not known the term

"occupant" may be used in notification. Notification need not be given to more than one (1) dwelling unit

or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one

(1) occupant of each unit or spatial area shall receive notice. In the case of a single structure containing

more than four (4) dwelling units or other distinct spatial areas owned or leased by different individuals,

partnerships„ business or organizations, notice may be given to the manager or notice posted at the

primary entrance to the structure. Each notice given under this section shall:

17.4.1 Describe the nature of the conditional use request.

17.4.2 Indicate the property which is the subject of the conditional use request.

17.4.3 State when, where, and at what time the public hearing on the Conditional use request will be

considered: and

17.4.4 Indicate when and where written comments will be received concerning the request.

SECTION 17.5 REQUIRED STANDARDS AND FINDINGS FOR MAKING DETERMINATIONS

The Planning Commission shall review the particular circumstances and facts of each proposed use in

terms of the following standards and required findings, and shall find and record adequate data,

information, and evidence showing that such a use on the proposed site, lot or parcel meets the following

requirements:

17.5.1 Will be harmonious with and in accordance with the general objectives, intent, and purposes

of this Ordinance.

17.5.2 Will be designed, constructed, operated, maintained, and managed so as to be harmonious

and appropriate in appearance with existing or intended character of the general vicinity.

17.5.3 Will be served adequately by essential public facilities and services, such as: highways,

streets, police and fire protection, drainage structures, refuse disposal, or that the persons or

agencies responsible for the establishment of the proposed use shall be able to provide

adequately any such service.

17.5.4 Will not be hazardous or disturbing to existing or future neighboring uses.

17.5.5 Will not create excessive additional requirements at public costs for public facilities and

services.

SECTION 17.6 DETERMINATION AND IMPOSITION OF CONDITIONS

Upon review of the application and site plan in accordance with the standards established in Section 17.5

of this Ordinance and the requirements of other provisions of this ordinance the Township Board may

require reasonable conditions necessary to insure that public services and facilities affected by the

proposed land use or activity shall be capable of accommodating increased services and facility loads

generated by the land use or activity: to protect the natural environment and on conserve natural

resources and energy; to insure compatibility with adjacent uses of land; and to promote the use of land

in a socially and economically desirable manner. Conditions imposed with respect to the approval of a

land use or activity shall be recorded in the record of the approval action, and shall remain unchanged

except upon mutual consent of the Township Board and the landowner.

SECTION 17.7 APPROVAL; GRANTING OF PERMIT

Upon holding a public hearing and the finding that the requirements of Sections 17.2 through 17.6 of this

Ordinance have been satisfactorily met by the applicant, the Planning Commission shall within thirty (30)

days recommend approval or disapproval to the Woodstock Township Board. When the Township Board

gives final approval, a conditional use permit shall be issued to the applicant. The Township Board shall

forward a copy of the permit to the applicant, Clerk, Zoning Inspector, and Planning Commission. The

Zoning Inspector shall not issue a zoning compliance permit until he has received a copy of the

conditional use permit approved by the Woodstock Township Board.

SECTION 17.8 VOIDING OF CONDITIONAL USE PERMIT

Any Conditional Use Permit granted under this Ordinance shall become null and void and fees forfeited

unless construction and/or use is commenced within two hundred ten (210) days and completed within

five hundred seventy-five (575) days of the date of issuance. A violation of a requirement, condition, or

safeguard shall be considered a violation of this Ordinance and grounds for the Township Board to

terminate and cancel such Conditional Use Permit.

SECTION 17.9 ADDITIONAL DEVELOPMENT REQUIREMENTS FOR CERTAIN USES

A Conditional Use Permit shall not be issued for the uses specified in this section unless complying with

the site development requirements as herein specified. The Planning Commission may recommend the

imposition of additional conditions and safeguards when deemed necessary by that body and the

Township shall have authority to accept, reject or modify such conditions.

17.9.1 Adult Regulated Uses. The township recognizes that regulation of Adult Regulated Uses is

necessary to ensure that adverse effects will not contribute to the blighting or downgrading of

surrounding residential neighborhoods and retail areas.

A The following site and developmental requirements shall apply:

1. No adult regulated use shall be established on any premises where there

exists another adult regulated use within 1,000 feet, measured as a straight

line distance between the closest property lines.

2. The property on which an adult regulated use is located shall be situated at

least 1,500 feet from a state-licensed child care facility, religious institution,

public school, public building, public park, or any residential district or

residential use, measured as a straight line distance between the closest

property lines.

B The following special performance standards shall apply:

1. Signs shall contain no photographs, silhouettes, drawings or pictorial

representations of any manner that include specified anatomical areas or

specified sexual activities.

2. Adult regulated uses shall not be located within, or otherwise be attached to,

a building in which 1 or more dwelling units or sleeping quarters are located,

or on the same lot where 1 or more dwelling units or sleeping quarters are

located.

3. Operational hours are permitted between 11:00 a.m. and 2:00 a.m. only.

4. The premises shall be equipped with overhead lighting fixtures of sufficient

intensity to illuminate every place to which patrons are permitted access, at

an illumination of not less than 1 foot candle measured at floor level.

5. The applicant shall submit a diagram of the premises, showing a plan

thereof, and specifying the location of 1 or more manager’s stations, and the

location of all overhead lighting fixtures and illumination intensity of each. A

manager’s station shall not exceed 30 square feet of floor area.

6. The premises shall be so configured and designed to provide an

unobstructed view of each area of the premises to which any person is

permitted access, for any purpose, from at least 1 of the manager’s stations.

7. Activities conducted within buildings housing the aforementioned uses shall

be shielded in a manner that no person outside the building can see the

activities; provided, however, that the shielding shall not consist of a curtain

alone, shall not obstruct the exit sign or directional or instructional signs

regarding emergency egress, nor shall it be constructed in a way as to block

an exit.

8. All changing of attire by employees or performers shall be within a

completely enclosed room into which access by patrons is prohibited.

17.9.2 Extraction, Soil Removal and Mining Operations. The following site and developmental

requirements shall apply:

A The Planning Commission shall review the request for conditional land use approval

in conformance with Section 17.5 of this Ordinance. In furtherance of this

requirement, the applicant shall submit:

1. A narrative description of the nature and scope of the proposed extraction

operations referenced to the requirements of Section 17.5 of this Ordinance.

2. Reclamation plans for the site.

B Grant of a conditional land use approval and permit by the Township Board does not

authorize the applicant to proceed with development of the site and commencement

of mining activities. Should the Township Board grant a conditional use permit, the

applicant shall proceed with application for a license to operate under the Township's

Mineral Extraction Ordinance.

17.9.3 Gun Clubs and Shooting Ranges. The following site and developmental requirements shall

apply:

A All such facilities must be situated on a parcel of land not less than ten (10) acres in

area and having a minimum of five hundred (500) foot road frontage.

B Such parcel of land must be adequately fenced, that being a fence of at least four (4)

feet in height and posted through both symbol and written statement so as to inform

the public of the nature of the facility at frequent intervals not to be greater than fifty

(50) feet apart.

C The facility shall be designed to reduce the negative impact on adjacent properties

from noise. Site layout, berming, setbacks, and building placement shall be

considered in the Planning Commission's determination that this criteria has been

met by the applicant.

D Design and operation of such facility shall also be in accordance with specifications

and practices outlined in the National Rifle Association's "NRA Range Manual."

E Hours of operation shall be limited to 9 a.m. to 7 p.m. Monday through Saturday, and

12 noon through 6 p.m. on Sundays. The Planning Commission may restrict hours

further in order to reduce the impact of the facility on adjacent residential uses.

17.9.4 Junk Yards. The following site and developmental requirements shall apply:

A It is recognized by this Ordinance that the location of such materials in an open area

included in this Ordinance's definition of "junk yard" will cause the reduction of the

value of adjoining property. To the end that the character of the district shall be

maintained and property values conserved, a solid, unpierced fence or wall at least

seven (7) feet in height, and not less than the height of the materials on the lot on

which a junk yard shall be operated, shall be located on said lot no closer to the lot

lines than the yard requirements for buildings permitted in this district. All gates,

doors, and access ways through said fence or wall shall be of solid, unpierced

material. In no event shall any materials included in this Ordinance's definition of

"junk yard" be located on the lot on which a junk yard shall be operated in the area

between the lines of said lot and the solid, unpierced fence or wall located on said lot.

B All traffic ingress and egress shall be on major streets, and there shall be not more

than one (1) entrance way to the lot on which a junk yard shall be operated from

each public road on which said lot abuts.

C All roads, driveways, parking lots, and loading and unloading areas within any yard of

a junk yard shall be paved, oiled, watered, or chemically treated so as to limit

adjoining lots and public roads the nuisance caused by wind-borne dust.

17.9.5 Drive-In Theaters. The following site and developmental requirements shall apply:

A Drive-in theaters shall be enclosed for their full periphery with a solid screen fence at

least seven (7) feet in height. Fences shall be of sound construction, painted, or

otherwise finished neatly and inconspicuously.

B All fenced-in areas shall be set back at least one hundred (100) feet from any front

street or property line.

C All traffic ingress or egress shall be on major streets and all local traffic movement

shall be accommodated within the site so that entering and exiting vehicles will make

normal and uncomplicated movements into or out of the public thoroughfare. All

points of entrance to the exit for motor vehicles shall be located no closer than two

hundred (200) feet from the intersection of any two (2) streets or highways.

17.9.6 Planned-Unit Development/Site Condominium. The purpose of this section is to permit

flexibility for residential, commercial, and industrial development where large tracts of land

are planned with integrated and harmonious design, and where the overall design of such

units is so outstanding as to warrant modification by the Planning Commission of the

regulations. Any planned-unit development to be eligible under this provision must comply

with the following requirements:

A The tract of land to be developed shall have a minimum area of not less than ten (10)

acres.

B The owner of the property shall submit to the Planning Commission a plan for the use

development of the total tract of land as a planned unit development in accordance

with the provisions of ARTICLE XVIII (Site Plan Review and Approval) of this

Ordinance. In addition to the site plan data specified in ARTICLE XVIII, the

application shall contain such other pertinent information as may be necessary to

make a determination that the contemplated arrangement or use may make it

desirable to apply regulations and requirements differing from those ordinarily

applicable under this Ordinance.

C The site plan shall contain such proposed covenants, easements, and other

provisions relating to the bulk, location, and density of structures, accessory uses

thereto, and public facilities as may be necessary for the welfare of the planned-unit

development and not inconsistent with the best interests of the entire Township of

Woodstock.

D The average density of structures of the tract shall not be greater than the density

requirements in the district in which the planned-unit development is located.

E The use of land shall be in conformance with the permitted uses of the district in

which the proposed plan is to be located.

F The proposed development shall be served by adequate public facilities and service,

such as: highways, streets, police and fire protection, drainage, structures, and

refuse disposal. These facilities may be provided by a governmental or private

organization.

G The proposed unit shall be of such size, composition, and arrangement that its

construction, marketing, and operation is feasible as a complete unit, without

dependence on any subsequent unit or development.

H The common open-space, common properties, individual properties, and all other

elements of the planned-unit development shall be so planned that they will achieve

a unified environmental scheme, with open spaces and all other elements in

appropriate locations, suitably related to each other, the site, and surrounding land.

I The applicant may be required to dedicate land for street and park purposes by

appropriate covenants, to restricting areas perpetually for the duration of the

Planning Development as open space for common use. The development as

authorized shall be subject to all conditions so imposed, and shall be exempt from

other provisions of this Ordinance only to the extent specified in the authorization.

17.9.7 Communication Tower.

A The following site and developmental requirements shall apply:

1. A minimum site of one (1) acre and two hundred (200) feet of road frontage

shall be required.

2. The appropriateness of guy wires shall be considered when the property

abuts a residential zoning district or use.

3. The base of the tower and guy wire supports shall be fenced with a minimum

six (6) foot high fence.

B The following special performance standards shall apply to communication towers:

1. Communication towers must be set back from all property lines a distance

equal to its height plus twenty-five feet setback from all overhead electric

power and other overhead utility lines shall equal the tower height and an

additional ten (10) feet.

2. Accessory structures are limited to uses associated with the tower and may

not be located any closer to any property line than the minimum front yard

requirement for the appropriate zoning districts as found in ARTICLE XV

(Area, Yard, Height, and Bulk Requirements).

3. Accessory structures shall not exceed six hundred (600) square feet of gross

building area.

4. All towers shall be equipped with an anti-climbing device to prevent

unauthorized access.

5. The plans of the tower shall be certified by a registered structural engineer.

6. The applicant shall provide verification that the antenna mount and

7. Structure have been reviewed and approved by a professional engineer and

that the installation is in compliance with all applicable codes.

8. All towers must meet the standards of the Federal Communications

Commission and the Federal Aviation Administration; as well as the

Electronics Industrial Association Code-Reference No. 222-E-91.

9. Communication towers in excess of one hundred (100) feet in height above

grade level shall be prohibited within two (2) mile radius of public airport or

one-half (1/2) mile of a helipad.

10. No part of any communications tower or antenna shall be constructed,

located, or maintained at any time, permanently or temporarily, on or upon

any required setback area for the district in which the antenna or tower is to

be located. In no case shall a tower or antenna be located within thirty (30)

feet of a proper line.

11. Metal towers shall be constructed of or treated with, corrosive-resistant

material.

12. Antennae and metal towers shall be grounded for protection against a direct

strike by lightning and shall comply as to electric wiring and connections with

all applicable local statutes, regulations and standards.

13. Towers with antennae shall be designed to withstand a uniform wind loading

in accordance with Section 1611.9 of the BOCA Code-1993.

14. All signals and remote control conductors of low energy extending

substantially horizontally above the ground between a tower or antenna and

a structure, or between towers, shall be at least eight (8) feet above the

ground at all points, unless buried underground.

15. Tower shall be located so that they do not interfere with nearby residential

areas.

16. Towers shall be located so there is room for vehicles doing maintenance to

maneuver on the property owned and/or leased by the applicant.

17. The base of the tower shall occupy no more than five hundred (500) square

feet.

18. Minimum spacing between tower locations shall be two (2) miles in order to

prevent a concentration of towers in one area.

19. Height of the tower shall not exceed two hundred (200) feet from grade within

a commercial zoning district, and three hundred (300) feet from grade within

an industrial or agricultural zoning district.

20. Towers shall not be artificially lighted except as required by the Federal

Aviation Administration.

21. Existing on-site vegetation shall be preserved to the maximum extent

practicable.

22. There shall not be displayed advertising or identification of any kind intended

to be visible from the ground or other structures, except as required for

emergency purposes.

23. There shall be no employees located on the site on a permanent basis to

service or maintain the communications tower. Occasional or temporary

repair and service activities are excluded from this restriction.

24. Where the property adjoins any residentially-zoned property or land use, the

developer shall plant two (2) alternating rows of evergreen trees with a

minimum height of five (5) feet on twenty (20) centers along the entire

perimeter of the tower and related structures. In no case shall the evergreens

be any nearer than ten (10) feet to any structure.

25. The policy of the community is to minimize the number of communication

towers in the Township. Therefore, the Township shall require the collocation

of communication towers. Pursuant to this policy, the following standards

apply to communication towers:

(a) All new and modified communication towers shall be designed and

constructed to accommodate collocation.

(b) A conditional use permit for the construction and use of a new

communication tower shall not be granted unless and until the

applicant demonstrates that a feasible collocation is not available for

the coverage area and capacity needs.

26. The following information shall be submitted prior to Township approval to

construct a communications tower:

(a) Site plan in accordance with ARTICLE XVIII.

(b) A maintenance plan, and any applicable maintenance agreement

shall be presented and approved as part of the site plan for the

proposed communication tower. Such plan shall be designed to

ensure the long-term, continuous maintenance to a reasonable

prudent standard.

the time of receiving a building permit for the communication tower to

ensure removal of the facility when it has been abandoned is no

longer needed. In this regard, the Planning Commission shall specify

the form of security as approved by the township attorney and

recordable at the office of the County Register of Deeds, establishing

a promise of the applicant and owner of the property to remove the

facility in a timely manner as required under this section with the

further provision that the applicant shall be responsible for the

payment of any costs and attorney fees incurred by the community in

securing removal. The security shall be adjusted on an annual basis

according to the U.S. Bureau of Labor Statistics' Consumer Price

Index annual average for United States cities in the North Central

Region of the United States.

(d) 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.

17.9.8 Commercial Wind Generation Unit. Wind Energy Conversion Systems (WECS). The

purpose of this section is to establish standards and procedures by which the installation and

operation of a WECS shall be governed within the Township as a conditional use within the

AG - Agricultural zoning district.

A Definitions.

1. "Wind Energy Conversion System (WECS)", also commonly referred to as a

wind generating tower, windmill or wind powered generator shall mean a

combination of:

(a) The surface area (typically a blade, rotor or similar device), either

variable or fixed, for utilizing the wind for electrical or electrical

generating powers.

(b) A shaft, gearing, belt or coupling utilized to convert the rotation of the

surface area into a form suitable for driving a generator, alternator, or

other electricity producing device.

energy of the surface area into electrical energy.

(d) The tower, pylon or other structure upon which any, all, or some

combination of the above are mounted.

(e) A wind energy conversion system can also include other

components not listed above but associated with the normal

construction, operation, and maintenance of a wind energy

conversion system.

2. "Interconnected WECS" is a WECS which is electrically connected to the

local electrical power utility system and could feed power back into the local

electrical power utility system.

3. "Survival Wind Speed" is the maximum wind speed, as designated by the

WECS manufacturer, at which a WECS in unattended operation (not

necessarily producing power) is designed to survive without damage to any

structural equipment or loss of the ability to function normally.

4. "WECS height" is the distance between the ground (at normal grade) and the

highest point of the WECS, as measured from the ground (at normal Grade),

plus the length by which the rotor blade on a horizontal mounted WECS

exceeds the structure which supports the rotor and blades (normally, the

tower). Or put another way, the distance between the ground (at normal

grade) and the highest point of the WECS (being the tip of the blade, when

the blade is in the full vertical position).

5. "Wind Farm" shall mean a cluster of two (2) or more WECS placed upon a lot

or parcel with the intent to sell or provide electricity to site or location other

than the premises upon which the WECS are located. Said WECS may or

may not be owned by the owner of the property upon which the WECS is

placed.

6. "Single WECS for Commercial Purposes" shall mean a single WECS placed

upon a lot or parcel with the intent to sell or provide electricity to a site or

location other than the premises upon which the structure is located. Said

WECS may or may not be owned by the owner of the property upon which

the WECS is placed.

7. "WECS Testing Facility" or "Testing Facility" shall mean a structure and

equipment used to determine the potential for the placement of a WECS.

8. "Applicant" shall mean the person, firm, corporation, company, limited liability

corporation or other entity which applies for Township approval under this

section, as well as the applicant's successor(s), assign(s) and/or

transferee(s) as to any approved WECS or Testing Facility. An applicant

must have the legal authority to represent and bind the landowner or lessee

who will construct, own and operate the WECS or Testing Facility. The duties

and obligations regarding a zoning Approval for any approved WECS or

Testing Facility shall be with the Owner of the WECS or Testing Facility, and

jointly and severally with The owner and operator or lessee of the WECS or

Testing Facility if different than the owner.

B Applicability.

1. WECS, Wind Farms, Single WECS for Commercial Purposes, and WECS

Testing Facilities: Wind energy conversion systems such as a WECS, wind

farm, single WECS for commercial purposes, and WECS Testing Facility

associated with the commercial application of a WECS may be allowed as a

conditional use only within the Agriculture zoning district, subject to the

regulations and requirements of this section and also the general conditional

use review procedures and standards/criteria of the zoning ordinance.

2. Single WECS for on-site service only — Single WECS applications of wind

energy conversion system, including WECS Testing Facilities, to service the

energy needs of only the property where the structure is located may be

approved in any zoning district as a conditional use, provided the property

upon which the system is to be located is at least three and one half (31/2)

acres in size and subject to the review and approval procedures and

standards/criteria of this ordinance, as well as all of the following.

(a) The tower shall not exceed a height of eighty (80) feet.

(b) The blade diameter (tip to tip) shall not exceed one hundred (100)

feet.

position) shall not exceed one hundred thirty (130) feet above

ground level (at normal grade).

(d) The distance of the structure from all property lines shall be at least

two (2) times the WECS height.

C Site Plan Drawing. All applications for a WECS or WECS Testing Facility

conditional use approval be accompanied by a detailed site plan drawn to scale and

dimensioned, displaying all of the following information:

1. All requirements for site plan contained in ARTICLE XV.

2. All lot lines and dimensions, including a legal description.

3. Location and height of all proposed buildings, structures, electrical lines,

towers, guy wires, guy wire anchors, security fencing and other above

ground structures associated with the WECS.

4. Locations and height of all adjacent buildings, structures and above ground

utilities located with three hundred (300) feet of the exterior boundaries of the

lot or parcel where the proposed WECS and/or Testing Facility will be

located. Specific distances to other on site buildings, structures, and utilities

shall also be provided. The location of all existing and proposed overhead

and underground electrical transmission or distribution lines shall be shown,

whether to be utilized or not with the WECS or Testing Facility, located on

the lot or parcel involved, as well as within one thousand (1,000) feet of the

boundaries of such parcel or lot.

5. Existing and proposed setbacks for the WECS from all structures located on

the property where the WECS will be located.

6. Elevation of the premises accurately depicting the proposed WECS location

and its relationship to the elevation of all existing and proposed structures

within three hundred (300) feet of the proposed WECS.

7. Access driveway to the WECS and the Testing Facility together with a

detailed narrative regarding dimensions, composition, and maintenance of

the proposed driveway. The Township shall require the construction of a

private road to serve a WECS or Testing Facility if it is determined by the

Township Board that said road is necessary to protect public health, safety or

welfare or to offer an adequate means by which the Township or other

governmental agency may readily access the site in the event of an

emergency. All private roads shall be constructed to Township private road

standards.

8. Planned security measures to prevent unauthorized trespass and access.

9. WECS and Testing Facility Maintenance Programs. The applicant shall

provide to the Township a written description of the maintenance program to

be used to maintain the WECS and Testing Facility, including removal when

determined to be obsolete or abandoned. The description shall include

maintenance schedules, the types of maintenance to be performed, and

removal procedures and schedules should the WECS or Testing Facility

become obsolete or abandoned.

10. Additional detail(s) and information as required by the conditional use

requirements of this ordinance, or as requested by the Planning Commission.

D Compliance with the Township Building Code. A copy of the manufacturer's

installation instructions and blueprints shall be provided to the Township. Included

as part of or as an attachment to the installation instructions shall be standard

drawings of the structural components of the WECS and support structures,

including base and footings provided along with engineering data and calculations

to demonstrate compliance with the structural design provisions of the Building

Code as adopted by the Township. Drawings and engineering calculations shall be

certified by a registered engineer licensed in the State of Michigan.

E Compliance with the Electrical Code. WECS and Testing Facility electrical

equipment and connections shall be designed and installed in full compliance with

the Electrical Code as adopted by the Township. A copy of manufacturer installation

instructions and blueprints shall be provided to the Township.

F Design Standards.

1. Height. The permitted maximum total height of a WECS (i.e., WECS height)

shall be four hundred (400) feet including the blade in vertical position.

(a) State and Federal regulations may require a lesser height.

(b) As a condition of approval, the Township may require a lesser

height for a WECS if reasonably necessary to comply with the

standards contained in subsection (G) hereof.

2. Height of Test Tower Facility. Unless a different height is approved by the

Planning Commission, the WECS Testing Facility height shall be no greater

than three hundred (300) feet from the ground (i.e., from normal grade to the

test tower top).

3. Construction. A WECS shall be constructed with a tubular tower, not a

lattice tower.

4. Setbacks. No part of a WECS or WECS Testing Facility (including guy wire

anchors) shall be located within or above any required front, side or rear yard

setback. The setback for placement of a WECS or a WECS Testing Facility

shall be equal to the required setbacks for the zoning district in which the

WECS is located plus the WECS height.

5. Rotor of Blade Clearance. Blade arcs created by a WECS shall have a

minimum of seventy five (75) feet of clearance over and from any structure,

adjoining property or tree. The minimum blade or rotor clearance above

ground level shall be at least twenty (20) feet.

6. Rotor or Blade Safety. Each WECS shall be equipped with both a manual

and automatic braking device capable of stopping the WECS operation in

high winds within eighty percent (80%) of design limits of the rotor.

7. Tower Access. To prevent unauthorized climbing, WECS and Testing

Facilities must comply with at least one of the following provisions:

(a) Tower climbing apparatus shall not be located within twelve (12) feet

of the ground.

(b) A locked anti-climb device shall be installed and maintained.

protective fence at least ten (10) feet high with barbed wire fence.

8. Signs. Each WECS and Testing Facility shall have one sign, not to exceed

two (2) square feet in area, posted at the base of the tower. The sign shall

contain at least the following:

(a) Warning high voltage.

(b) Manufacturer's name.

(d) Emergency shutdown procedures.

(e) FAA regulated sign with precise description with latitude and

longitude and shall also contain both the applicant's current

telephone number and the current telephone number for the FAA's

regional office having jurisdiction over Woodstock Township.

(f) If fenced, place signs on fence.

9. Lighting. A lighting plan for each WECS and Testing Facilities shall be

approved by the Planning Commission. Such plan must describe all lighting

that may be required by the FAA. Such a plan shall include but is not limited

to the planned number and location of lights, light color and whether any

lights will be flashing. Strobe lights are discouraged and must be shielded

from the ground if such lights are allowed by the Planning Commission.

10. Electromagnetic Interference. Each WECS and Testing Facilities shall be

designed, constructed and operated so as not to cause radio and television

interference. In the event that electromagnetic interference is experienced,

the applicant must provide alternate service to each individual resident or

property owner affected.

11. Noise Emissions. Noise emissions from the operation of a WECS and

Testing Facilities shall not exceed forty five (45) decibels on the DBA scale

as measured at the nearest property line or road.

(a) A baseline noise emission study of the proposed site and impact

upon all areas within one (1) mile of the proposed WECS location

must be done (at the applicant's cost) prior to any placement of a

WECS and submitted to the Township. The applicant must also

provide estimated noise levels to property lines at the time of a

conditional use application.

12. Utility Company Interconnection (Interconnected WECS). All distribution

lines from the WECS to the electrical grid connection shall be located and

maintained underground (both on the property where the WECS will be

located and off site). The Planning Commission may waive the requirement

that distribution lines for the WECS which are located off site (i.e., are not

located on or above the property where the WECS will be located) be located

and maintained underground if the Planning Commission determines that to

install, place or maintain such distribution lines underground would be

impractical or unreasonably expensive.

G Approval Standards. In addition to the other requirements and standards contained

in this section the Township Board shall not approve any WECS or Testing Facilities

unless it finds that all of the following standards are met:

1. The general conditional use standards contained in this ordinance; and

2. The WECS or Testing Facility will not pose a safety hazard or unreasonable

risk of harm to the occupants of any adjoining properties or area wildlife.

H Ornamental Wind Devices. Ornamental wind devices that are not a WECS shall be

exempt from the provisions of this section, so long as they do not exceed the height

limitation for permitted accessory structures (i.e., those permitted as of right) within

the zoning district where the ornamental wind device will be located. Such devices

may also be regulated by other provisions of this ordinance.

I Inspection. The Township shall have the right upon issuing any WECS and Testing

Facility conditional land use permit to inspect the premises on which the WECS or

Testing Facility is located at all reasonable times. The Township may hire a

consultant to assist with any such inspections at the applicant's cost.

J Maintenance. Each WECS and Testing Facility must be kept and maintained in

good repair and condition at all times. If a WECS is not maintained in operational

and reasonable condition or poses a potential safety hazard, the applicant shall take

expeditious action to correct the situation. The applicant shall keep a maintenance

log on each WECS which the Township can review on a monthly basis.

K Abandonment. Any WECS or Testing Facilities which is not used for six (6)

successive months or longer shall be deemed to be abandoned and shall be

promptly dismantled and removed from the property. All above and below ground

materials must be removed. The ground must be restored to its original condition

within sixty (60) days of abandonment.

L Security. If a conditional use is approved pursuant to this section, the Planning

Commission shall require security in the form of a cash deposit, surety bond, or

irrevocable letter of credit (in a form, amount, time duration and with a financial

institution deemed acceptable to the Township), which will be furnished by the

applicant to the Township in order to ensure full compliance with this section and

any conditions of approval. When determining the amount of such required security,

the Township may also require an annual escalator or increase based on the

Federal Consumer Price Index (or the equivalent or its successor). Such financial

guarantee shall be deposited or filed with the Township Clerk after a conditional use

has been approved but before construction commences upon a WECS or WECS

Testing Facility. At a minimum, the financial security shall be in an amount

determined by the Township to be sufficient to have the WECS or Testing Facility

fully removed (and all components properly disposed of and the land returned to its

original state) should such structure or structures become abandoned, dangerous or

obsolete, or not in compliance with this ordinance or the conditional use approval.

Such financial security shall be kept in full force and effect during the entire time

while a WECS or WECS Testing Facility exists or is in place. Such financial security

shall be irrevocable and non-cancelable (except by the written consent of both the

Township and the then owner of the WECS or WECS Testing Facility) for at least

thirty (30) years from the date of the conditional use approval. Failure to keep such

financial security in full force and effect at all times while a WECS or WECS Testing

Facility exists or is in place shall constitute a material and significant violation of a

conditional use approval and this ordinance, and will subject the applicant to all

available remedies to the Township, including possible enforcement action and

revocation of the conditional use approval.

M Road Repair. Any damages to a public road located within the Township resulting

from the construction, maintenance, or operation of a WECS or Testing facility shall

be repaired at the applicant's expense.

N Liability. The applicant shall insure each WECS at all times for at least $2,000,000

(in 2005 dollars based on the federal CPI) for liability to cover the applicant,

Township and land owner.

O Color. A WECS shall be painted a non-obtrusive (light environmental color such as

Beige or gray) color that is non-reflective. The wind turbine base and blades shall be

of a color consistent with all other turbines in the area. No striping of color or

advertisement shall be visible on the blades or tower.

P Strobe Effect. All efforts shall be made not to affect any resident with any strobe

effect.

Q Vibration and Wind. Under no circumstances shall a WECS or Testing Facility

produce vibrations or wind currents humanly perceptible beyond the property

boundaries of the lot or parcel on which the WECS or Testing Facility is located.

R Compensation for Damages. The applicant shall be responsible for compensation

to persons damaged due any stray voltage caused by a WECS.

S Environmental Assessment. At the Township's request, the applicant shall fund an

environmental assessment or impact study and/or other relevant report(s) or studies

(including, but not limited to, assessing the potential impact on endangered species,

eagles, birds, and/or other wildlife) as required by the Township for review by the

Township regarding the area or surrounding areas where the WECS will be placed.

Each study or report shall be provided to the Township prior to the time when the

Planning Commission makes its final decision regarding the conditional use request.

T Wind Rating. The applicant shall show proof of a minimum wind rating of three (3)

from the proposed WECS when applying for a conditional use permit.

U Financial Impact Study. At the Township's request, the applicant shall fund a

financial impact study for review by the Township of the area affected by the WECS.

Such study or report shall be provided to the Township prior to the time when the

Planning Commission makes its final decision regarding the conditional use request.

V Escrow. An escrow account shall be set up when the applicant applies for a

conditional use permit for a WECS or WECS Testing Facility. The monetary amount

to be deposited by the applicant with the Township shall be in an amount estimated

by the Township to cover all costs and expenses associated with the conditional use

zoning review and approval process, which costs can include, but are not limited to,

fees of the Township Attorney, Township Planner and Township Engineer, as well

as any reports or studies which the Township anticipates it may have done related to

the zoning review process for the particular application. Such escrow amount shall

be in addition to regularly established fees. At any point during the zoning review

process, the Township may require that the applicant place additional monies into

escrow with the Township should the existing escrow amount filed by the applicant

prove insufficient. If the escrow account needs replenishing and the applicant

refuses to do so promptly, the zoning review and approval process shall cease until

and unless the applicant makes the required escrow deposit. Any applicable zoning

escrow resolutions or other ordinances adopted by the Township shall also be

applicable

W Reasonable conditions. In addition to the requirements of this section, the

Planning Commission may recommend additional reasonable conditions on the

approval of a WECS or WECS Testing Facility as a conditional use and the

Township shall have authority to accept, reject or modify such conditions.

X Compliance with Laws. Each WECS and WECS Testing Facility shall also comply

with all applicable Federal, State of Michigan, and County requirements, in addition

to Township ordinances.

17.9.9 Medical Marijuana Growing Operations

A. Intent. The intent of this section is to regulate areas within the Township where

primary caregivers, as that term is used in the Michigan Medical Marijuana Act of 2008, MCL

333.26421 et seq. (hereafter the “Act”), may grow medical marijuana (hereafter referred to as “growing

operations”) within the Township and to do so in a manner that promotes and protects the public health,

safety, and welfare; minimizes potential impacts on abutting land uses, neighborhoods, and the

Township as a whole; recognizes the medical-oriented character of the land use: and conforms to the

requirements of the Act and the general rules of the Michigan Department of Community Health ( MDCH)

as adopted under the Act.

B. Use Standards.

The following standards shall apply to growing operations:

(1) The medical marijuana growing operation shall not exceed 2,500 total square feet.

(2) A medical marijuana growing operation shall not be located:

(a) Within 1000 feet of any residential zoning district: ( Rural Non-Farm Residential

District (RNF) Lake Residential (RL) Suburban Residential District (RS),

Multiply Family Residential District (RM), Mobile Home Park District (MH)

(b) Within 1000 feet of the property line of any public or private school, college or

university, any nursery school, day nursery, licensed day care center or any other

building or location either rented or used in any way for the care or instruction of

children under 18 years of age.

religious facility or institution.

(d) Within 1000 feet of any public park, publically owned building or recreational area

commonly used by minor children.

(e) Within 1000 feet of any other medical marijuana growing operation business.

The distance measurement provided for in this subsection shall be a straight line

from the property line of the medical marijuana growing operation business to the

property line of the location from which it is to be separated.

(3) All medical marijuana growing operations shall be subject to site plan approval per

Article XVIII ( Site Plan Review)

(4) Ventilation and dehumidifying systems shall be employed to ensure that the

cultivation, growing or harvesting of medical marijuana does not result in mold

growth or damage to the facility.

(5) All necessary zoning, building, electrical, plumbing, and mechanical permits shall be

obtained prior to installation or alteration of electrical wiring, lighting, heating and

cooling systems, plumbing, and watering devices that support the cultivation,

growing, harvesting or storage of medical marijuana.

(6) Areas of the building used to support the cultivation, growing or harvesting of medical

marijuana and storage of chemicals such as herbicides, pesticides, and fertilizers,

shall be subject to inspection and approval by the Fire Chief or designee.

(7) Lighting used to support the cultivation, growing or harvesting of medical marijuana

shall not be visible from the exterior of the building or any property line or road right-

of-way.

(8) Growing operations shall not create any noise, vibration, glare, fumes, odor,

electrical interference, or similar nuisances to persons off the premises; or any visual

or audible interference with any radio or television receivers or any fluctuations in line

voltages off the premises.

17.9.10 Severability. It is the intention that if any portion of this ordinance is found, for any

reason, to be invalid, the remainder of the ordinance shall remain in effect.

17.9.11 Repealer. All ordinance or parts of ordinance in conflict with this ordinance are

hereby repealed.

ARTICLE XVIII

SITE PLAN REVIEW AND APPROVAL

It is recognized by this Ordinance that there is a value to the public in establishing safe and convenient

traffic movement to higher density sites, both within the site and in relation to access streets; that there is

value in encouraging a harmonious relationship of buildings and uses both within a site and in relation to

adjacent uses; further that there are benefits to the public in conserving natural resources toward this

end, this Ordinance requires site plan review by the Planning Commission for certain buildings and

structures that can be expected to have a significant impact on natural resources, traffic patterns, and on

adjacent land usage.

SECTION 18.1 PURPOSE

18.1.1 The purpose of site plan and development approval is to determine compliance with this

Ordinance, Township Standards and Specifications and to provide the orderly development

of Woodstock Township, proper ingress and egress, sufficient highways and streets, the

stability of land values, investments, the general welfare, and to help prevent the impairment

or depreciation of land values and development by the erection of structures, or alterations

thereto, without proper attention to siting, or to unsightly, undesirable or obnoxious

appearances, and also to afford protection to related or adjoining residential properties.

18.1.2 It is not the purpose of this Ordinance that design control should stifle architectural design or

individual initiative as to particular style or architecture selected; rather, it is the intent of this

Ordinance that any control of design exercised by the Commission will be necessary to

achieve the overall appropriate use of sound materials, the principles of harmony and

proportion in the elements of the building, and compatibility with development and

architectural patterns of the general planning area.

18.1.3 It is also the purpose of this Ordinance to assure development of subdivided, or unplatted

properties, and multiple residences, office or business complexes, commercial complexes,

shopping center complexes, manufacturing and industrial park complexes, and all other legal

uses permitted by this Ordinance in a manner suitable for the use intended and with proper

ingress and egress, sufficient parking facilities, streets, roads and alleys, and screening walls

and/or fences and to control the construction of the same to assure whereby they are

engineered, planned and installed correctly, to ensure rendition of proper municipal services

concerning fire and police protection, surface water and sanitary sewerage drainage, water

supply, traffic control and maintenance services as furnished or may be required by the

Township, and to assure preservation and protection of property rights to related or adjoining

residential properties.

SECTION 18.2 STATEMENT OF PRINCIPLES

In carrying out the purpose of site plan and development approval, the following principals shall be given

primary consideration:

18.2.1 The siting of all structures shall insure that adequate light and air are preserved so as not to

be detrimental to the orderly and harmonious development of the Township.

18.2.2 The relationship between the various uses and the associated necessary and ancillary

activities (trash pick-up, parking, loading, unloading) of the development of the site and the

existing and prospective development of contiguous properties and the general planning area

will insure the stability of said adjacent areas and the development will enhance the general

public health, safety, and welfare.

18.2.3 The vehicular circulation system planned for the proposed development will be in the best

interest of the public health, safety and welfare in regards to on-site circulation, on-site

parking, the overall circulation of the community, egress/ingress to the site, vehicular turning

movements related to parking areas, loading areas, street intersections, street gradient, site

distance and potential hazards to the normal flow of traffic both on and off site.

18.2.4 Proposed landscaping, screening, buffer areas and signs are appropriate and of such size,

location, height and quantity to insure that the proposed development will not be

objectionable to nearby developments or properties by reason of noise, fumes or flash of

lights from automobiles or other lighting, intrusion of visual clutter, visual intrusion of uses

which would be in conflict with the general character of abutting uses, nor interfere with an

adequate supply of light and air, nor increase the danger of fire or otherwise create the

potential of endangering the public safety.

18.2.5 The pedestrian circulation system planned for the proposed development will be in the best

interest of the public health, safety and welfare in regards to on-site circulation and the overall

pedestrian circulation of the community.

18.2.6 The parking pattern proposed will be in the best interest of the public health, safety and

welfare in regards to size, layout and quantity, and the location of such facilities will not be

objectionable to nearby developments, properties or public streets.

18.2.7 Utility services including sanitary, water and storm runoff shall be developed in the best

interest of the public health, safety and welfare of the community.

SECTION 18.3 BUILDINGS, STRUCTURES, AND USES REQUIRING SITE PLAN

The Zoning Inspector shall not issue a Zoning Compliance Permit for the construction of the buildings and

structures identified in this section unless a detailed site plan has been reviewed and approved by the

Planning Commission and such approval is in effect:

18.3.1 A multiple-family building containing six (6) or more dwelling units.

18.3.2 More than one (1) multiple-family building on a lot, parcel, or tract of land, or on a

combination of lots under one ownership.

18.3.3 A manufactured home park

18.3.4 Any commercial use

18.3.5 Any industrial development.

18.3.6 Any conditional use in any district.

18.3.7 Television, radio and/or telephone towers used for commercial or governmental purposes

that exceed height above ground level allowed in any district (in accordance with Section

15.3.2).

18.3.8 Any site condominium development.

SECTION 18.4 WHO MAY APPLY

Any person with a legal interest in a lot may apply for site plan approval. If the applicant is not the fee

simple owner of the property, the applicant shall submit a statement signed by all of the owners

consenting to the application for site plan approval.

SECTION 18.5 APPLICATION, FEES AND ESCROW FOR SITE PLAN REVIEW

Any person may file a request for a site plan review by the Planning Commission by filing with the Clerk

the completed application upon the forms furnished by the Township, the proposed site plan and payment

of a fee and escrow deposits, as established by resolution of the Woodstock Township Board, to the

Township Clerk. The applicant shall file at least four (4) copies of the proposed site plan.

SECTION 18.6 REQUIRED DATA FOR DETAILED SITE PLAN

Every site plan submitted to the Planning Commission shall be in accordance with the following

requirements:

18.6.1 The site plan shall be of a scale not to be greater than one (1) inch equals twenty (20) feet

nor less than one (1) inch equals two hundred (200) feet, and of such accuracy that the

Planning Commission can readily interpret site plan, and shall include more than one drawing

where required for clarity.

18.6.2 The property shall be identified by lot lines and location, including dimensions, angles and

size, and correlated with the legal description of said property. Such plan shall further include

the name and address of the property owner, developer, and designer.

18.6.3 The site plan shall show the scale; north point; boundary dimensions: topography (at least

two foot contour intervals); and natural features such as, wood lots, streams, rivers, lakes,

drains, and similar features.

18.6.4 The site plan shall show existing man-made features, such as buildings structures; high

tension towers; pipe lines; and existing utilities, such as, water and sewer lines, excavations,

bridges, culverts, drains and easements, and shall identify adjacent properties and their

existing uses.

18.6.5 The site plan shall show the location, proposed finished floor and grade line elevations, size

of proposed principal and accessory buildings, their relation one to another and to any

existing structure on the site, the height of all buildings, and square footage of floor space.

Site plans for residential development shall include a density schedule showing the number

of dwelling units per net acre, including a dwelling schedule showing the unit type and

number of each unit type.

18.6.6 The site plan shall show the proposed streets, driveways, sidewalks, and other vehicular and

pedestrian circulation features within and adjacent to the site; also, the location, size and

number of parking spaces in the off-street parking area, and the identification of service lanes

and service parking.

18.6.7 The site plan shall show the proposed location, use, and size of open spaces; and the

location of any landscaping, fences, or walls on the site. Any proposed alterations to the

topography and other natural features shall be indicated. The site plan shall further show any

proposed location of connections to existing utilities and proposed extensions thereof.

18.6.8 A vicinity map shall be submitted showing the location of the site in relation to the

surrounding street system.

18.6.9 Each site plan shall be prepared by an architect, community planner, engineer, landscape

architect, or land surveyor registered or licensed in the State of Michigan and shall bear the

professional seal of the preparer.

18.6.10 Any other information required pursuant to any other provisions of this Ordinance.

SECTION 18.7 APPLICATION SUBMITTAL AND TECHNICAL REVIEW

Upon receipt of an application and site plan the Township Clerk, shall forward the site plan and

application materials to the Planning Commission, with copies to the Township Engineer and other

designated Township Planning Commission officials and consultants. The Township Engineer shall,

within 30 days of receipt, review the application and site plan to determine whether the application or site

plan satisfies the information requirements of Section 18.6 and if they do not, they shall be considered

incomplete, and returned to the applicant together with a written statement detailing the deficiencies in the

application and/or site plan found by the Township Engineer. If the Township Engineer determines that

the application and site plan are complete, the Planning Commission shall be notified in writing. Further,

the Township Engineer shall provide the Planning Commission with written comments or observations

relevant to the Planning Commission's review of the application and whether the application and site plan

conform to the provisions of this Ordinance. At the discretion of the Planning Commission, the Township

Engineer may be requested to review site plan.

SECTION 18.8 STANDARDS FOR SITE PLAN REVIEW

In reviewing the site plan, the Planning Commission shall ascertain whether the proposed site plan is

consistent with all regulations of this Ordinance.

SECTION 18.9 PLANNING COMMISSION REVIEW OF SITE PLAN

Within thirty (30) days after receiving notice from the Township Engineer that the application and site plan

is complete, the Planning Commission shall undertake a study of the same and shall at a public hearing

act to postpone, approve, approve subject to conditions, or deny the site plan as follows:

18.9.1 Postponing. If the applicant fails to attend the meeting or upon request by the applicant, the

Planning Commission may postpone until a certain date for further consideration of the site

plan.

18.9.2 Denial. Upon determination that the site plan does not comply with the requirements of this

Ordinance, or other applicable Township ordinances or state statutes, or would require

extensive revisions to comply with such requirements, the site plan shall be denied. If the site

plan is denied, a written record shall be provided to the applicant listing the findings of fact

and conclusions or reasons for such denial.

18.9.3 Approval. Upon determination that the site plan is in compliance with the standards of this

Ordinance, and other applicable Township ordinances or state statutes, the site plan shall be

approved.

18.9.4 Preliminary Approval. The Planning Commission may give preliminary approval to the site

plan, subject to any conditions necessary to address necessary modifications; ensure that the

site plan meets the letter, intent and purposes of this Ordinance or to permit the applicant an

opportunity to request any required variances necessary to conform the site plan to this

Ordinance. In the event preliminary approval is given subject to conditions, this shall be

treated as preliminary site plan approval. When the applicant has addressed the concerns

and modifications raised by the Planning Commission, the applicant shall by written

statement set forth the changes, modifications or steps taken to address the conditions set

forth by the Planning Commission. The Planning Commission shall, within 30 days of

receiving this written statement meet to reconsider the application and site plan if it is

determined that the applicant has addressed all of the conditions, grant final site plan.

SECTION 18.10 EXPIRATION OF PRELIMINARY SITE PLAN APPROVAL

Preliminary site plan approval for any project shall be effective for a period of one (1) year. If after a

period of one (1) year from the date of said approval, final site plan approval has not yet been granted by

the Township, the preliminary site plan approval shall automatically be revoked. No written notice of such

revocation shall be required. The Planning Commission may upon written request of the project owner,

prior to the expiration period, grant an extension of up to six (6) months for good cause shown.

SECTION 18.11 PLANNING COMMISSION APPROVAL OF FINAL SITE PLAN

Upon the Planning Commission approval of a final site plan, the applicant shall file with the Planning

Commission one (1) copy thereof. The Clerk shall within ten (10) days transmit to the Zoning Inspector

one (1) copy with the Clerk's certificate affixed thereto, certifying that said approved site plan conforms to

the provisions of this Ordinance as determined. If the site plan is disapproved by the Planning

Commission notification of such disapproval shall be given to the applicant within ten (10) days after such

Commission action. The Zoning Inspector shall not issue a zoning compliance permit until he has

received a certified approved site plan.

SECTION 18.12 EXPIRATION OF FINAL SITE PLAN CERTIFICATE

Final Site plan approval for any project shall be effective for a period of one (1) year. If after a period of

one (1) year from the date of said approval, construction has not commenced in conjunction with the

issuance of a valid building permit by the Department of Building and Code Enforcement, Final Site Plan

approval shall automatically be revoked. Construction for the purpose of this Section shall mean

installation of underground utilities, foundations or buildings. In the case of a Final Site Plan approval

being revoked, any permits issued by the Building Department shall be revoked and written notice shall

be given to the persons affected by the Building Department revocation. Provided, however, the Planning

Commission may upon written request of the project owner, prior to the expiration period, grant an

extension up to twelve (12) months when it can be assured that the project will be under construction

within the time extension.

SECTION 18.13 AMENDMENT, REVISION OF SITE PLAN

A site plan, and site plan certificate, issued thereon, may be amended by the Planning Commission upon

the request of the applicant.

ARTICLE XIX

NONCONFORMITIES

Where within the districts established by this Ordinance, or by amendments, there exist lots, structures,

and uses of land and structures which were lawful before this Ordinance was adopted or amended and

which would be prohibited, regulated, or restricted under the terms of this Ordinance, or future

amendment; it is the intent of this Ordinance to permit these nonconformities to continue until they are

discontinued, damaged, or removed but not to encourage their survival. These nonconformities are

declared by this Ordinance to be incompatible with the lots, structures, and uses permitted by this

Ordinance in certain districts. It is further the intent of this Ordinance that such nonconformities shall not

be enlarged, expanded, or extended except as provided herein; nor to be used as ground for adding other

lots, structures, or uses prohibited elsewhere in the same district.

SECTION 19.1 NONCONFORMING USES OF LAND

Where, on the date of adoption or amendment of this Ordinance, a lawful use of land exists that is no

longer permissible under the provisions of this Ordinance, such use may be continued, so long as it

remains otherwise lawful, subject to the following provisions:

19.1.1 No such nonconforming use of land shall be enlarged, expanded, or extended to occupy a

greater area of land than was occupied on the effective date of adoption or amendment of

this Ordinance; and no accessory use or structure shall be established therewith.

19.1.2 No such nonconforming use of land shall be moved in whole or in part to any other portion of

such land not occupied on the effective date or adoption or amendment of this Ordinance.

19.1.3 If such nonconforming use of land ceases for any reason for a period of more than one

hundred and eighty (180) consecutive days, the subsequent use of such land shall conform

to the regulations and provisions set by this Ordinance for the district in which such land is

located.

SECTION 19.2 NONCONFORMING STRUCTURES

Where, on the effective date of adoption or amendment of this Ordinance, a lawful structure exists that

could not be built under the regulations of this Ordinance by reason or restrictions upon lot area, lot width,

lot coverage, height, open spaces, or other characteristics of such structure or its location upon a lot,

such structure may be continued so long as it remains otherwise lawful subject to the following provisions:

19.2.1 No structure shall be enlarged, expanded, extended, or altered in a way which increases its

nonconformance.

19.2.2 Should any such structure be destroyed, or partly destroyed by any means to an extent of

more than fifty percent (50%) of its replacement cost at the time of destruction, it shall not be

reconstructed except in conformity with the provisions of this Ordinance.

19.2.3 If any such structure be moved for any reason, of any distance, it shall thereafter conform to

the regulations of the district in which it is located after it is moved.

SECTION 19.3 NONCONFORMING USES OF STRUCTURES

Where on the date of adoption or amendment of this Ordinance, a lawful use of a structure exists that

is no longer permissible under the regulations of this Ordinance, such use may be continued so long as

it remains otherwise lawful subject to the following provisions:

19.3.1 No nonconforming use of a structure shall be enlarged, expanded, extended, or altered

except in changing the use of such structure to a use permitted in the district in which such

structure is located.

19.3.2 When a nonconforming use of a structure is discontinued or abandoned for more than one

hundred and eighty (180) consecutive days, the structure shall not thereafter be used except

in conformance with the regulations of the district in which it is located.

19.3.3 Any structure devoted in whole or in part to any nonconforming use, work may be done in any

period of twelve (12) consecutive months on ordinary repairs or on repair or replacement of

nonbearing wails, fixtures, wiring, or plumbing (taken out — to an extent not to exceed ten

(10) percent of the then current replacement value of the structure) provided that the volume

of such structure or the number of families housed therein as it existed on the date of

adoption or amendment of this Ordinance shall not be increased.

19.3.4 Nothing in this Ordinance shall be deemed to prevent the strengthened or part thereof

declared to be unsafe by any official charged with protecting the public safety upon order of

such official.

19.3.5 Should any structure containing a nonconforming use be moved, for any reason of any

distance, it shall thereafter conform to the regulations of the district in which it is located after

it is moved.

19.3.6 Should any structure devoted in whole or in part to any nonconforming use be destroyed by

any means (taken out to an extent not to exceed ten (10) percent of the then current

replacement cost at the time of destruction, it) shall not be reconstructed and again be

devoted to any use except in conformity with the regulations of the district in which it is

located.

SECTION 19.4 CHANGE OF TENANCY OR OWNERSHIP

There may be a change of tenancy, ownership, or management of an existing nonconforming use,

building, or structure; provided there is no change in the nature or character of such nonconforming use,

building, or structure.

SECTION 19.5 NONCONFORMING LOTS

In any district where single-family dwellings are permitted, notwithstanding limitations imposed by other

provisions of this Ordinance, a single-family dwelling may be erected on any single Lot of record at the

effective date of adoption or amendment of this Ordinance, regardless of its area or width, provided that

the owner of such lot does not own any adjoining property; and further provided, however that no lot shall

be less than forty (40) feet wide; the minimum side yard shall be ten (10) percent of the lot width or six

(6) feet, whichever is greater; the depth of the rear yard shall not be less than twenty-five (25) feet; the

depth of the front yard shall not be less than twenty-five(25) feet; and all requirements of the Lenawee

County Health Department shall be met before construction is begun. Any variance of yard requirements

from the above provisions shall be obtained only through action of the Zoning Board of Appeals.

SECTION 19.6 EXTENSION AND SUBSTITUTION

There shall be a specific exemption from the preceding prohibitions, whether in ARTICLE XIX or any

other section, against rebuilding, altering, replacing, improving, enlarging, extending, substituting or

modifying a nonconforming use when such use is occupied as a dwelling place. In this case, the owner or

tenant of said dwelling place shall make application to the Zoning Board of Appeals requesting an

exemption from the aforesaid prohibitions. If the Zoning Board of Appeals, after a hearing upon such

application, shall determine that for reasons of health, sanitation, safety, or the well-being of the

occupants that the request is proper, then the Zoning Board of Appeals may authorize the tenant to

rebuild, alter, replace, improve, enlarge, extend, substitute, or modify said dwelling place. Prior to granting

any such request under this section, the Zoning Board of Appeals specifically shall make the following

findings of fact and apply the following standards:

19.6.1 That the use was originally constructed as a dwelling place, and has continuously been

occupied as a dwelling place.

19.6.2 That the use currently is occupied as a dwelling place.

19.6.3 That by reason of original construction, current condition, or as part of the proposed changes,

the use will have electrical and sanitation facilities meeting the requirements of this Zoning

Ordinance and any applicable building codes.

19.6.4 That by reason of original construction, current condition, or proposed change, the use will

meet the building code requirement set forth by this Zoning Ordinance and any building code

applicable to the type of use and type of use district.

19.6.5 That the use adequately is serviced by public utilities and private or public highways or roads.

19.6.6 That the proposed changes will materially and substantially benefit the use as a dwelling

place and/or make the use more in conformity with the provisions of this Zoning Ordinance

and any building code.

19.6.7 That the proposed changes will not have an adverse effect upon the uses in the general

vicinity by creating new or different violations of this Zoning Ordinance.

19.6.8 Proceedings under this section shall follow the same procedure and be subject to the same

application fee as set forth for applications to the Board of Appeals on an appeal under

ARTICLE XXI, Section 21.6 of this Ordinance.

ARTICLE XX

ADMINISTRATION OF THE ORDINANCE

SECTION 20.1 PURPOSE

It is the purpose of this Article to provide the procedures for the administration of this Ordinance,

issuance of permits, inspection of properties, collection of fees, handling of violators, and enforcement of

the provisions of this Ordinance and amendments thereto.

SECTION 20.2 ADMINISTRATION

Except when herein otherwise stated the provisions of this Ordinance shall be administered by the

Zoning Inspector or by such deputies of his department as the Township Board may designate to enforce

the provisions of this Ordinance.

SECTION 20.3 DUTIES OF ZONING INSPECTOR

The Zoning Inspector shall have the power to grant Zoning Compliance Permits and certificates of

occupancy and to make inspections of buildings or premises necessary to carry out his duties in the

enforcement of this ordinance. It shall be unlawful for the Zoning Inspector to approve plans or issue any

permit or certificates of occupancy for any excavation or construction until he has inspected such plans in

detail and found them to conform with this Ordinance, nor shall the Zoning Inspector vary or change any

terms of this Ordinance.

If the Zoning Inspector shall find that any of the provisions of this Ordinance are being violated, he shall

notify, in writing, the person responsible for such violation, indicating the nature of the violation and

ordering the action necessary to correct it. He shall order discontinuance of illegal use of any lot or

structures; removal of illegal structures, or of illegal additions, alterations, or structural changes;

discontinuance of any illegal work being done; or shall take any other action authorized by this Ordinance

to ensure compliance with or to prevent violations of its provisions.

The Zoning Inspector shall submit to the Planning Commission and the Township Board quarterly reports

fully explaining the type and nature of uses permitted by right; the nature and extent of violations of this

ordinance; and the type and nature of nonconforming uses, buildings, and structures. The Zoning

Inspector shall maintain a record of all zoning Compliance permits and certificates of occupancy.

It is the duty of the Zoning Inspector to keep a list of all Conditional use permit and notify the applicant

and Township Board in writing when the conditional use permit is up for review and renewal fee is paid.

All records are to be maintained at the Township hail.

SECTION 20.4 ZONING COMPLIANCE PERMITS

20.4.1 Issuance of Zoning Compliance Permits. No building or structure, or part thereof, shall

hereafter be located, erected, constructed, reconstructed, altered, converted, or enlarged or

moved; nor shall any change be made in the use of any building, structure, or land without a

Zoning Compliance Permit having been obtained from the Zoning Inspector for such building,

structure, or land. A zoning compliance application shall be filled out and submitted to the

Zoning Inspector.

20.4.2 Permit Application Requirements. The Zoning Inspector shall require that all applications

for zoning compliance permits shall be accompanied by plans and specifications including a

plot plan in duplicate drawn to scale, showing the following information:

A The actual dimensions and shape of the lot to be built upon;

B The exact size and location of existing structures on the lot, if any; and,

C The location and dimensions of the proposed structure or alteration.

D The front, rear and side measurement of any building to the adjacent lot lines.

E Proof of a driveway permit from the proper road authority for any new construction or

on any driveway which may be questionable.

F One copy of ownership and legal property description.

One (1) copy of the plans shall be returned to the applicant by the Zoning Inspector after

such copy has been approved or disapproved, and attested to same by the Zoning

Inspector's signature on such copy. The Zoning Inspector shall retain the original copy,

similarly marked, for his files. Whenever the buildings, structures, and uses as set forth in the

application are in conformity with the provisions of this Ordinance, the Zoning Inspector shall

issue the applicant a zoning compliance permit within five (5) days of the filing thereof. Where

action of the Board of Appeals or the Planning Commission is required in any case, as set

forth in this Ordinance, the Zoning Inspector shall issue such permit promptly following such

action.

20.4.3 Voiding of Zoning Compliance Permit.

A Any Zoning Compliance Permit granted under this Ordinance shall become null and

void and fees forfeited unless construction and/or use completed within five hundred

forty-five (545) days of the date of issuance. A Zoning Compliance Permit shall be

renewable upon reapplication and upon payment of the fee, subject however, to the

provisions of all Ordinances in effect at the time of renewal.

B Any zoning compliance permit granted under this Ordinance shall become null and

void if such use, buildings, or structure for which said permit was issued are found by

the Zoning Inspector to be in violation of this Ordinance. The Zoning Inspector upon

finding such violation shall immediately notify the Township Board of said violation

and void the zoning compliance permit.

SECTION 20.5 FEES, CHARGES AND EXPENSES

The Township Board shall establish a schedule of fees, charges and expenses, and a collection

procedure for zoning compliance permits, certificates of occupancy, appeals and other matters pertaining

to the Ordinance. The schedule of fees shall be posted in the office of the Township Clerk, and may be

altered or amended only by the Township Board. No permit, certificate, conditional use on approval, or

variance shall be issued unless or until such costs, charges, fees, or expenses listed in this Ordinance

have been paid in full, nor shall any action be taken on proceedings before the Board of Appeals, unless

or until preliminary charges and fees have been paid in full.

SECTION 20.6 PUBLIC HEARING PROCEDURES

A reasonable time and place shall be established for any public hearing required by or held under

provisions of this Ordinance. A public hearing date, time, and location may be set by the Township Clerk

or designated Township staff, or by the body charged with conducting the hearing. Such hearings shall

be held in accordance with the Michigan Zoning Enabling Act and in accordance with the following:

20.6.1 Minimum Notice Contents. The notice shall include the time and place of the hearing, the

name of the body charged with conducting the hearing, a summary of the subject and

purpose of the hearing, and a listing of the methods by which questions can be addressed

and comments provided to the body charged with conducting the hearing.

20.6.2 Address of the Property. The notice shall indicate the property that is the subject of the

request, and shall include a listing of all existing street addresses for the subject property.

A Street addresses do not need to be created and listed if no such addresses currently

exist for the subject property. If there are no street addresses, other means of

property identification may be used.

B For any group of eleven (11) or more adjacent lots or parcels proposed for rezoning,

individual addresses shall not be required to be listed on the notice.

20.6.3 Posting and Publication. The notice shall be posted at the location where the hearing will

be held and published once in a newspaper of general circulation in the Township.

20.6.4 Notification of the Applicant and Property Owner. The notice shall be sent by mail or

personal delivery to the applicant and owner(s) of property for which approval is being

considered.

20.6.5 Delivery of Public Notices. The notice shall be sent by mail or personal delivery to all

persons to whom real property is assessed within 300 feet of the boundary of the subject

property, and to all occupants of structures within 300 feet of the boundary of the subject

property, regardless of whether the property or occupant is located in the zoning jurisdiction.

A If the name of the occupant is not known, the term “occupant” may be used in making

notification.

B Delivery of public such notices shall not be required for amendments to or

interpretations of the text of this Ordinance, appeals of administrative decisions, and

any group of eleven (11) or more adjacent lots or parcels proposed for rezoning,

subject to the provisions of Section 1.14B (Discretionary Notice).

C Such notices need not be given to more than one (1) occupant of a building, except

as follows:

1. If a building contains more than one (1) dwelling unit owned or leased by

different persons, one (1) occupant of each unit shall be given notice.

2. If a building contains more than four (4) dwelling units owned or leased by

different persons, notice may be given to the building owner or manager with

a request to post the notice at the primary building entrance.

D For any proposed amendment to the zoning map within 300 feet of the boundary of

any adjacent municipality, written notice of the public hearing shall be sent by regular

U.S. mail to the Clerk or the zoning or planning agency of said municipality.

E If the notice is delivered by mail, an affidavit of mailing shall be filed with the body

charged with conducting the hearing.

20.6.6 Timing of Notice Posting, Publication, and Mailing. The notice shall be posted, published,

and mailed or personally delivered in accordance with the requirements of this Section not

less than 15 days before the hearing date when the application will be considered.

20.6.7 Discretionary Notice. In accordance with Section 202(1) of the Michigan Zoning Enabling

Act, it shall be the policy of the Township to send notice of a public hearing by mail or

personal delivery to the applicant and owner(s) of any lots or parcels in the Township

proposed for rezoning, and to all persons to whom real property is assessed within 300 feet

of the boundary of the subject property not less than 15 days before the hearing date when

the proposed rezoning will be considered.

A The Township may, at its discretion, also post notice of a public hearing at other

public-accessible locations, such as community bulletin boards or the Internet.

B The Township Board may also establish a policy to consistently send notice of a

public hearing by mail to persons located more than 300 feet from the boundary of

the property in question, provided that the applicant shall not be required to pay for

the additional mailing expenses.

20.6.8 Pre-Hearing Examination. Upon reasonable request, any person may examine the

application and all other documents on file with the Township pertaining to the subject and

purpose of the hearing. Any person shall be entitled to copies of such application and

documents upon reasonable request and payment of fees as established by the Township

Board to cover the cost of making

20.6.9 Right to Submit Written Statements. Any person may submit written comments about the

subject and purpose of the hearing prior to a hearing, or following such hearing within such

time as the hearing body may allow. Such statements shall be made a part of the public

record of the hearing.

20.6.10 Timeframe for Hearings. The public hearing shall be scheduled for a date not more than

180 calendar days after receipt of a complete and accurate application by the body charged

with conducting the hearing, unless a shorter time period is required by a provision of this

Ordinance or a further time is agreed upon by the parties concerned.

20.6.11 Rights of All Persons. Any person may appear and testify at a public hearing, either in

person or by a duly authorized agent or attorney. Documentary evidence may be submitted

for consideration, provided that the hearing body shall exclude such evidence deemed

irrelevant, immaterial or unduly repetitious.

20.6.12 Adjournment. The body conducting the hearing may at any time, on its own motion or at the

request of any person, adjourn the hearing to a reasonable and fixed future date, time, and

place for the purpose of accumulating further evidence or information, or for such other

reasons that the body finds to be sufficient. No additional public notice is required beyond

that already given for the original hearing.

20.6.13 Governance. All other matters pertaining to the conduct of hearings shall be governed by

applicable provisions of this Ordinance, and the rules and procedures adopted by the body

conducting the hearing.

ARTICLE XXI

ZONING BOARD OF APPEALS

SECTION 21.1 ZONING BOARD OF APPEALS ESTABLISHED

There is hereby established a Zoning Board of Appeals, which shall perform its duties and exercise its

powers as provided in the Michigan Zoning Enabling Act, Act No. 110 of the 2006 Public Acts of

Michigan, in such a way that the objectives of this Ordinance shall be observed, the public health and

safety secured, general welfare assured, and substantial justice done.

SECTION 21.2 MEMBERSHIP AND TERMS

Board of Appeals membership shall be subject to the following:

21.2.1 Membership.

A The Board of Appeals shall consist of three (3) members appointed by the Township

Board. One (1) member shall be a member of the Township Planning Commission,

and one member may be a member of the Township Board.

B The remaining members shall be selected from the electors of the Township residing

in the unincorporated area of the Township. The members selected shall be

representative of the population distribution, and of the various interests present in

the Township.

C An employee or contractor of the Township Board shall not serve as a member of the

Board of Appeals.

D In the event a member is elected to the Township Board and such election increases

the number of Township Board members serving on the Board of Appeals to more

than one (1), then such member’s seat on the Board of Appeals shall be deemed

vacant. Such vacancy shall be filled for the remainder of the un-expired term by

Township Board appointment.

21.2.2 Alternates. The Township Board may appoint up to two (2) alternate members for the same

term as regular members of the Board of Appeals. An alternate member may be called to

serve as a regular member for the Board of Appeals in the absence of a regular member if

the regular member is absent from or will be unable to attend one (1) or more meetings of the

Board of Appeals. An alternate member may also be called to serve as a regular member for

the purpose of reaching a decision on a case in which the regular member has abstained for

reasons described in Section 21.2.4 (Abstaining). The alternate member appointed shall

serve in the case until a final decision is made. The alternate member has the same voting

rights as a regular member of the Board of Appeals.

21.2.3 Terms. The term of office of each member shall be for three (3) years, except for members

serving because of their membership on the Planning Commission or Township Board,

whose terms shall be limited to the time they are members of those bodies. A successor shall

be appointed not more than one (1) month after the term of the preceding member has

expired. All vacancies shall be filled for the remainder of the unexpired term by Township

Board appointment.

21.2.4 Abstaining. A member shall abstain from participating in a public hearing or voting on any

question in which he or she has a conflict of interest. A member of the Board of Appeals who

is also a member of the Township Board or Planning Commission shall abstain from

participating in a public hearing or voting on the same matter that the member previously

voted on as a member of the Board or Commission. The member may consider and vote on

other unrelated matters involving the same property. Failure of a member to abstain in such

cases shall constitute malfeasance of office.

21.2.5 Removal from Office. A member may be removed from office by the Township Board for

misfeasance, malfeasance, or nonfeasance in office, upon written charges and following a

public hearing held in accordance with Section 20.6 (Public Hearing Procedures). Minutes of

the meeting at which the hearing is held shall record the reasons for the hearing, the motion

or resolution, if any, regarding removal from office, and the roll call vote of the Township

Board.

SECTION 21.3 GENERAL REGULATIONS

Board of Appeals membership shall be subject to the following:

21.3.1 Rules and Officers. The Board of Appeals may adopt rules and regulations to govern its

procedures. The Board of Appeals shall elect annually a Chair, Vice-Chair, and Secretary

from its membership. An elected officer of the Township shall not serve as Chair of the Board

of Appeals.

A The Chair shall preside at and conduct Board of Appeals meetings; and shall have

the power to subpoena and require the attendance of witnesses, administer oaths,

compel testimony and the production of books, papers, files and other evidence

pertinent to the matters before the Board of Appeals.

B In the absence of the Chair, the Vice-Chair shall exercise all powers and authority of

the Chair.

C The Secretary shall be responsible for ensuring that complete and accurate written

records are kept of all Board of Appeals proceedings.

21.3.2 Votes and Quorum. A concurring vote of a majority of the members of the Board of Appeals

shall be necessary for any decision. The Board of Appeals shall not conduct business unless

a majority of its members is present.

21.3.3 Representation. Any person may appear on his or her own behalf at a hearing or may be

represented by an agent or an attorney authorized to appear on his or her behalf.

21.3.4 Hearings. The Board of Appeals shall hold a public hearing on each question submitted to it

for decision. The Chair shall fix a reasonable time and date for the hearing, which shall be

held within 90 calendar days after receipt of a complete and accurate application. Notice shall

be given and the hearing shall be held in accordance with Section 20.6 (Public Hearing

Procedures). All hearings shall be open to the public.

21.3.5 Time Limit for Decision. The Board of Appeals shall decide upon all matters within 180

calendar days after receipt of a complete and accurate application. The decision of the Board

of Appeals shall be in the form of a resolution containing a full record of its findings and

determinations in each case. The time limit may be extended by written agreement between

the applicant or appellant and the Board of Appeals.

21.3.6 Meetings. Meetings of the Board of Appeals shall be held at the call of the Chair and at such

other times as the Board of Appeals in its rules might specify.

A Minutes shall be kept of each meeting and the Board shall record into the minutes all

findings of fact, conditions of approval, facts, and other relevant factors, and all its

official actions.

B The vote of each member upon a question, or absence or abstention, shall be

recorded into the minutes of the meeting.

C All meetings and records shall be open to the public. All minutes shall be filed in the

offices of the Township Clerk.

21.3.7 Oaths. The Chair of the Board of Appeals or, in the Chair's absence the acting Chair, may

administer oaths and compel the attendance of witnesses.

SECTION 21.4 POWERS AND DUTIES

The Board of Appeals shall hear and decide and rule on the following as provided herein:

21.4.1 Administration and Interpretation. The Board of Appeals shall hear and decide questions

that arise in the administration of the zoning ordinance, including the interpretation of the text

and the Official Zoning Map.

21.4.2 Appeals. The Board of Appeals shall hear and decide appeals from and review any

administrative order, requirement, decision, or determination made by an administrative

official or body charged with enforcement of this Ordinance.

21.4.3 Variances. The Board of Appeals shall hear and decide requests for variances for relief from

the strict application of one (1) or more non-use provisions of this Ordinance.

21.4.4 Other Matters. The Board of Appeals shall also hear and decide on any other matters

referred to the Board of Appeals shall or upon which the Board of Appeals shall is required to

pass under this Ordinance.

21.4.5 Restrictions on Authority.

A The Board of Appeals shall not change the zoning district classification of any

property, or make any change in the terms of this Ordinance, and shall not take any

action which would have as a result the making of legislative changes in this

Ordinance.

B The Board of Appeals shall not grant a variance to allow a use not permissible under

the terms of this Ordinance in the district involved, or any use expressly or by

implication prohibited by the terms of this Ordinance in said district.

C The Board of Appeals shall not hear matters relating or pertaining to conditional uses,

use variances or Special District developments.

SECTION 21.5 REQUIRED FEES AND ESCROW DEPOSITS

The Township Board shall establish, by resolution or ordinance, fees and escrow deposits for review of

petitions or appeals to the Board of Appeals. Required fees and escrow deposits shall be paid to the

Township Treasurer at the time of the filing of the application. No fee or escrow deposit shall be required

for amendments proposed or requested by the Township. No action shall be taken on any petition or

appeal for which required fees have not been paid in full.

SECTION 21.6 ADMINISTRATIVE APPEALS

Consideration of administrative appeals shall be subject to the following:

21.6.1 Who May Appeal. Appeals may be taken to the Board of Appeals by a person, firm or

corporation aggrieved by the order, requirement, decision or determination; or by an officer,

department, board, commission or bureau of the Township, county, state, or federal

governments. Such appeals shall be filed within 60 calendar days of the order, requirement,

decision or determination in question.

21.6.2 Where to File. The appeal shall be filed with the official from whom the appeal is taken or

such other person as the Board of Appeals may from time to time designate.

21.6.3 Required Submission. The appellant shall submit a clear description of the order,

requirement, decision, or determination from which the appeal is made and the grounds of

the appeal. The appellant may be required by the Board of Appeals to submit additional

information to clarify the appeal.

21.6.4 The Township Clerk or such other person as the Board of Appeals may from time to time

designate shall transmit to the Board of Appeals copies of all relevant papers constituting the

record upon which the action appealed from was taken.

21.6.5 An appeal stays all proceedings in the furtherance of the action appealed from, unless the

Zoning Inspector certifies to the Board of Appeals after the notice is filed that, by reason of

facts stated in the certificate, a stay would cause imminent peril to life or property. In such

case, proceedings shall not be stayed other than by a restraining order which may be granted

by the Board of Appeals or by a court of record upon application, upon notice to the Zoning

Inspector from whom the appeal is taken, and upon due cause shown.

21.6.6 The Board of Appeals shall reverse an administrative decision only upon determining that the

order, requirement, decision or determination constituted an abuse of discretion; was

arbitrary or capricious; or was based upon an erroneous finding of a material fact or an

erroneous interpretation of the Zoning Ordinance.

A After making such a determination, the Board of Appeals may, so long as such action

is in conformity with the terms of this Ordinance:

1. Reverse or affirm wholly or in part;

2. Modify the order, requirement, decision, or determination appealed from; or

3. Make such order, requirement, decision, or determination as ought to be

made, and may issue or direct the issuance of a permit.

B To that end, the Board of Appeals shall have all of the powers of the official(s) from

whom the appeal is taken.

SECTION 21.7 INTERPRETATIONS

The Board of Appeals shall have the power to hear and decide requests for interpretations of Zoning

Ordinance provisions in such a way as to preserve and promote the character of the zoning district in

question, and to carry out the intent and purposes of this Ordinance and the Growth Management Plan.

The Board of Appeals shall also have the power to interpret the Official Zoning Map in such a way as to

carry out the intents and purposes of this Ordinance and the Growth Management Plan, subject to the

standards of Section 2.2 (Rules of Construction).

SECTION 21.8 VARIANCES

The Board of Appeals shall have the authority to grant variances where, owing to special conditions, strict

enforcement of this Ordinance would result in unnecessary hardship or practical difficulty, subject to the

requirements of the Michigan Zoning Enabling Act and the following:

21.8.1 Variance Petition. Application for a variance shall be filed with the Township Clerk or such

other person as the Board of Appeals may from time to time designate by the record owner of

the property in question or by a person authorized to act on the record owner's behalf.

A The Township Clerk or such other as the Board of Appeals may from time to time

designated shall transmit the application and information to the Board of Appeals and

to the Zoning Inspector.

B The petition shall consist of a completed application form, fee, and the following

required information:

1. Legal description, address, tax parcel number, and zoning classification of

the subject property, and zoning classifications of adjacent parcels.

2. An accurate, scaled drawing of the property, showing all property lines,

dimensions, and bearing or angles correlated with the legal description; all

existing and proposed structures and uses on the property; and dimensions

of structures and their dimensioned locations; and lot areas and all

calculations necessary to show compliance with the regulations of this

Ordinance. Such drawings shall include all septic systems, wells, and

easements and all significant trees and natural features.

3. A statement of the specific reasons for the request for a variance.

4. Name and address of the applicant and the property owner, and the interest

of the applicant in the property.

21.8.2 Standards for Review. A variance shall not be granted unless all of the following standards

are met:

A Special conditions and circumstances exist that are unique to the land, structures, or

buildings involved, and are not applicable to other lands, structures, or buildings in

the same district, subject to the following:

1. The existence of nonconforming dwellings, lots of record, structures, uses, or

sites on neighboring lands in the same zoning district or other zoning districts

shall not be considered grounds for a variance.

2. The special conditions and circumstances on which the variance request is

based do not result from the actions of the applicant.

B Literal interpretation of this Ordinance would deprive the applicant of rights commonly

enjoyed by other property owners in the same district under the terms of this

Ordinance.

C Granting the variance requested would not confer upon the applicant any special

privilege that is denied by the Ordinance to other lands, structures, or buildings in the

same district.

D A variance granted shall be the minimum that will make possible a reasonable use of

the land, building, or structure. The Board of Appeals may consider lesser variances

than that requested by an applicant.

E The variance granted shall be in harmony with the intent of this Ordinance and will

not be injurious to the environment, neighborhood, or otherwise detrimental to the

public interest.

21.8.3 Motions. Any motion for action on a variance application shall include specific findings of fact

and conclusions made by the Board of Appeals on the request, which shall be incorporated

into the written record of the meeting.

21.8.4 Expiration. Each variance approved shall become null and void unless a building permit has

been issued for the construction authorized by the variance within 180 calendar days after

the date of approval and construction has been pursued diligently to completion; or the

occupancy of land or buildings authorized by the variance has commenced within 180

calendar days after the date of approval.

A Where a building permit has been issued for construction authorized by a variance,

the variance shall become null and void upon expiration of the building permit.\

B Where a variance has been approved for a project subject to site plan approval per

Article 18.0 (Site Plan Review), the variance shall become null and void only upon

expiration of an approved final site plan for the project.

C The Board of Appeals may, upon written request by the petitioner with a showing of

good cause, grant one (1) extension of variance approval for up to an additional 180

calendar days.

21.8.5 Reapplication. An application for a variance that has been denied wholly or in part by the

Board of Appeals shall not be resubmitted for a period of 365 calendar days from the date of

denial, except on grounds of new evidence of changed conditions found by the Board of

Appeals to be valid.

SECTION 21.9 SITE PLAN REQUIREMENTS

If an application or appeal to the Board of Appeals involves a land use or a development that requires site

plan approval by the Planning Commission, the applicant or appellant shall first apply for preliminary site

plan approval as set forth in Article 18.0 (Site Plan Review).

21.9.1 The Planning Commission shall review the site plan and shall determine the layout and other

features required to obtain approval of the preliminary site plan.

21.9.2 The Planning Commission shall then transmit a copy of the site plan and the Commission's

findings thereon to the Board of Appeals. The Board of Appeals shall, upon deciding on the

application or appeal, return the plan and its decision to the Planning Commission for

Commission action on the preliminary site plan.

SECTION 21.10 CONDITIONS OF APPROVAL

The Board of Appeals may impose conditions or limitations upon any affirmative decision, as it may deem

reasonable and necessary in accordance with the purposes of this Ordinance and the Michigan Zoning

Enabling Act. Such conditions shall be consistent with procedures, requirements, standards, and policies

of the Township, where applicable. Violation of any condition imposed shall be deemed a violation of this

Ordinance and punishable under Article XXIII (Violations, Penalties and Remedies).

SECTION 21.11 APPEALS TO CIRCUIT COURT

Any person aggrieved by a decision of the Board of Appeals in a particular case shall have the right to

appeal to the Circuit Court on question of law and fact. The appeal shall be filed within 30 calendar days

after the Board of Appeals issues its written decision, signed by the Chair or acting Chair; or within 21

calendar days after the Board of Appeals approves the minutes of its decision, whichever is later.

ARTICLE XXII

AMENDMENTS

SECTION 22.1 INITIATION OF AMENDMENT

The township board may from time to time at its own initiative or upon recommendation from the planning

commission or on petition, amend, supplement, or change the district boundaries or the regulations

herein, pursuant to the authority and procedures set forth in the Michigan Zoning Enabling Act (P.A. 110

of 2006, MCL1253101 et seq.), as amended. Text amendments may be proposed by any governmental

body or any interested person or organization. Changes in district boundaries may be proposed by any

governmental body, any person having a freehold interest in the subject property, or by the designated

agent of a person having a freehold interest in the property.

SECTION 22.2 PETITION FOR AMENDMENT

22.2.1 Filing of Petition. A petition for an amendment to the text of this ordinance or an amendment

to change the zoning classification (i.e. rezoning) of a particular property shall be commenced

by filing a petition with the township zoning official on the forms and accompanied by the fees

specified. The petition shall explicitly describe the proposed amendment and shall be signed

by the applicant.

22.2.2 Petition Contents. Petitions for rezoning of a specific site shall be accompanied by a plot

plan or survey, which shall contain the following information:

A Applicant's name, address, and telephone number.

B Scale, north point, and dates of submission and revisions.

C Zoning classification of petitioner's parcel and all abutting parcels.

D Existing lot lines, building lines, structures, parking areas, driveways, and other

improvements on the site and within 100 feet of the site.

E Proposed lot lines and lot dimensions, and general layout of proposed structures,

parking areas, driveways, and other improvements on the site.

F Dimensions, centerlines, and right-of-way widths of all abutting streets and alleys.

G Location of existing drainage courses, floodplains, lakes and streams, and woodlots.

H All existing and proposed easements.

I Location of sanitary sewer or septic systems, existing and proposed.

J Location and size of water mains, well sites, and building service, existing and

proposed.

SECTION 22.3 REVIEW PROCEDURES

After the completed petition and all required supporting materials have been received and fees paid, the

petition shall be reviewed in accordance with the following procedures:

22.3.1 A. Planning Commission Review.

“The petition shall be placed on the agenda of the next regular or special meeting to be

held by the planning commission. The planning commission shall review the petition for

amendment in accordance with the procedures and public hearing and notice

requirements set forth in this zoning ordinance and sections 103 and 202 sections of the

Michigan Zoning Enabling Act (P.A. 110 of 2006, MCL 125.3103. and .125.3202) as

amended.”

B “If an individual property or several adjacent properties are proposed for rezoning, the

planning commission shall give notice of the proposed rezoning to the owner of the

property in question, to all persons to whom any real property within 300 feet of the

premises in question is assessed , and to the occupants of all structures within 300 feet

of the subject property regardless of whether the property or structure is located in the

township, Said notice shall be delivered personally or by mail not less than 15 days

before the hearing.”

Section 202(3) of the Michigan Zoning Enabling Act (MZEA) [MCL 3202(3)] states that:” For

any group of adjacent properties numbering 11 or more that is proposed for rezoning, the

requirements of section 103(2) {MCL 3103(2)] and the requirements of section103(4)(b)

{MCL 3103(4)(b)] that street addresses be listed do not apply to that group of adjacent

properties.” Section 103(2) of the MZEA [MCL 3103(2)] outlines the requirements for mailing

or delivering notices to the owners/occupants or structures within 300 feet of the subject

property.

C “In addition, any petition for amendment shall require a public hearing, notice which shall

be given by publication in a newspaper of general circulation in the township not less

than 15 days before the application will be considered for approval.”

D Section 103(4) of the MZEA [MCL 3103(4) states that “a notice under this section shall

do all of the following:

(a) Describe the nature of the request.

(b) Indicate the property that is the subject of the request. The notice

shall include a listing of all existing street addresses within the

property. Street addresses do not need to be created and listed if no

such addresses currently exist within the property. If there are no

street addresses, other means of identification may be used.

(d) Indicate when and where written comments will be received

concerning the requests.”

22.3.2 Submission to County Planning Commission. Following the hearing, the petition shall be

submitted to the county planning commission for review and recommendation, as required by

section 307 of the Michigan Zoning Enabling Act (P.A. 110 of 2006, MCL 128.3703). If a

recommendation from the county planning commission has not been received within 30 days,

it shall be presumed that the county has waived its right for review and recommendation.

Section307(3) of the MZEA {[MCL 125.3703(3)] does place a 30-day clock on the review

of township zoning amendments. However, it should be pointed out that this time may need

to be extended given monthly meeting schedule of the Lenawee County Planning

Commission.

22.3.3 Action by Planning Commission and Township Board.

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A Following the hearing on the proposed amendment, the planning commission shall

make written findings of fact which it shall transmit together with the comments made

at the public hearing, the comments from the county planning commission, and its

recommendations to the township board within 60 days of receipt of the completed

petition.

B The township board may hold additional hearings if the board considers it necessary.

The township board shall grant a hearing on a proposed ordinance provision to

an interested property owner who requests a hearing by certified mail, addressed to

the clerk of the legislative body, per the requirements of section 401(4) of the

Michigan Zoning Enabling Act (P.A. 110 of 2006, MCL 3401(4). Pursuant to section

401 (5) of the Michigan Zoning Enabling Act (P.A.110 of 2006, MCL 125.3401 (4)), as

amended, the township board may by majority vote of its membership.

1. Adopt the proposed amendment,

2. Reject the proposed amendment,

3. Refer the proposed amendment back to the planning commission for further

recommendation within a specified time period. Thereafter, the township

board may either adopt the amendment with or without the recommended

revisions, or reject it.

C Review considerations. The planning commission and township board shall, at

minimum, consider the following before taking action on any proposed amendment:

1. Will the proposed amendment be in accordance with the basic intent and

purpose of the zoning ordinance?

2. Is the proposed amendment consistent with the comprehensive plan of the

township?

3. Have conditions changed since the zoning ordinance was adopted, or was

there a mistake in the zoning ordinance that justifies the amendment?

4. Will the amendment correct an inequitable situation created by the zoning

ordinance, rather than merely grant special privileges?

5. Will the amendment result in unlawful exclusionary zoning?

6. Will the amendment set an inappropriate precedent, resulting in the need to

correct future planning mistakes?

7. If a rezoning is requested, is the proposed zoning consistent with the existing

land uses of surrounding property?

8. If a rezoning is requested, could all requirements in the proposed zoning

classification be complied with on the subject parcel?

9. If a rezoning is requested, is the proposed zoning consistent with the trends

in land development in the general vicinity of the property in question?

10. If a rezoning is requested, what is the impact on the township infrastructure?

The planning commission and the township board shall make a

determination of whether public facilities are readily available and whether

the potential impact of the rezoning would adversely impact the level of

service standards of any public facility.

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22.3.4 Notice and Record of Amendment Adoption. Following adoption of an amendment by the

township board, one notice of adoption shall be filed with the township clerk and one notice

shall be published in a newspaper of general circulation in the township within 15 days after

adoption, in accordance with section 401(7) of the Michigan Zoning Enabling Act (P.A. 110 of

2006, MCL 125.3401(7)), as amended. A record of all amendments shall be maintained by

the township clerk and the township zoning official. A master zoning map shall be maintained

by the township zoning official, which shall identify all map amendments by number and date.

22.3.5 Referendum. Within 30 days following the passage of the zoning ordinance, a petition signed

by a number of qualified and registered voters may be filed with the township clerk requesting

submission of an ordinance or part of an ordinance to the electors for their approval, in

accordance with section 402 of the Michigan Zoning Enabling Act (P.A. 110 of 2006, MCL

125.3402), as amended.

SECTION 22.4 CONFORMANCE TO COURT DECREE

Any amendment for the purpose of conforming a provision thereof to the decree at a court of competent

jurisdiction shall be adopted by the Woodstock Township Board and the amendments published without

referring the same to any other board or agency.

SECTION 22.5 CONDITIONAL REZONING

22.5.1 Intent. It is recognized that there are certain instances where it would be in the best interests

of the township, as well as advantageous 10 to property owners seeking a change in zoning

classification, that certain conditions could be proposed by property owners as part of a

request for rezoning. This is especially true since the township must consider all potential

uses which may be made of property when considering a traditional rezoning request, some

of which may be inappropriate for a particular piece of property considering items such as,

but not limited to, the surrounding land uses, the township land use plan, available

infrastructure, and natural features. It is the intent of this section to provide a process

consistent with the provisions of section 405 of the Michigan Zoning Enabling Act (P.A. 110 of

2006, MCL 125.3405) by which an owner seeking a rezoning may voluntarily propose

conditions regarding the use and/or development of land as part of the rezoning request.

22.5.2 Application and Offer of Conditions. An owner of land may voluntarily offer in writing

conditions relating to the use and/or development of land for which a conditional rezoning is

requested. This offer may be made either at the time the application for conditional rezoning

is filed, or additional conditions may be offered at a later time during the conditional rezoning

process as set forth below.

A General procedure. A request for a conditional rezoning shall be commenced by

filing a petition with the township zoning official, on the required forms, accompanied

by the specified fees. The petition shall explicitly describe the proposed conditional

rezoning and shall be signed by the owner of the property. Petitions for conditional

rezoning of a specific site shall be accompanied by a plot plan or survey, which

contains all the information required in section 22.2.2 of this ordinance. The applicant

shall also present a conceptual plan showing the specific proposed use of the

property, and containing all the information outlined in section 22.2.2 of this

ordinance.

B Pre-application conference.

1. Prior to filing a formal request for a conditional rezoning, and prior to a public

hearing, the applicant must informally meet with the township zoning official,

and other representatives as deemed necessary by the township, to discuss

the proposed development. The pre-application conference is intended to be

informative and advisory in nature, and affords the applicant the opportunity

to discuss the land use and planning policies of the Township of Woodstock.

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2. The applicant must present a conceptual plan for the contemplated

conditional rezoning at or before the pre-application conference. Any and all

statements made by the Township of Woodstock Board of Trustees, zoning

officials, planning commissioners, township employees, attorneys, agents or

representatives at the pre-application conference have no legal force and are

not legal and binding promises, commitments or contracts.

22.5.3 Review Procedures. The owner's offer of conditions may not purport to authorize uses or

developments not permitted in the requested new zoning district. The owner's offer of

conditions shall bear a reasonable and rational relationship to the property for which the

conditional rezoning is requested. Further, the planning commission and township board

shall, at a minimum, consider all the review considerations contained in section 22.3.3C. of

this ordinance in rendering a decision on a request for conditional rezoning.

22.5.4 Other Required Approvals.

A Any use or development proposed as part of an offer of conditions that would require

a special land use permit under the terms of this ordinance may only be commenced

if a special land use permit for such use or development is ultimately granted in

accordance with the provisions of this ordinance.

B Any use or development proposed as part of an offer of conditions that would require

a variance under the terms of this ordinance may only be commenced if a variance

for such use or development is ultimately granted by the zoning board of appeals in

accordance with the provisions of this ordinance.

C Any use or development proposed as part of an offer of conditions that would require

site plan approval under the terms of this ordinance may only be commenced if site

plan approval for such use or development is ultimately granted in accordance with

the terms of this ordinance.

22.5.5 Amendment of Conditions. The offer of conditions may be amended during the process of

conditional rezoning consideration, provided that any amended or additional conditions are

entered voluntarily by the owner, and confirmed in writing. An owner may withdraw in writing

all or part of its offer of conditions any time prior to final rezoning action of the township board

provided that, if such withdrawal occurs subsequent to the planning commission's public

hearing on the original rezoning request, then the rezoning application shall be referred back

to the planning commission for a new public hearing with appropriate notice and a new

recommendation.

22.5.6 Planning Commission Review. The planning commission, after public hearing and

consideration of the factors for rezoning set forth in section 22.3.3C of this ordinance, may

recommend approval, approval with recommended changes, or denial of the rezoning;

provided, however, that any recommended changes to the offer of conditions are acceptable

to and thereafter offered by the owner in writing. In the event that any recommended changes

to the offer of conditions are not subsequently offered by the owner in writing, the

recommendation of the planning commission shall be considered by the township board to be

a recommendation of denial of the proposed conditional rezoning.

22.5.7 Township Board Review. After receipt of the Township Planning Commission's

recommendation, the township board shall, consistent with section 22.3.3B, review the

planning commission's recommendation and the County Planning Commission

recommendations deliberate upon the requested conditional rezoning, and may approve or

deny the conditional rezoning request. If the applicant initiates additional or different

conditions not considered by the planning commission subsequent to the recommendation of

the planning commission, then the township board shall refer such proposed additional or

different conditions to the planning commission for report thereon within a time specified by

the township board, and the township board shall thereafter proceed to deny or approve the

conditional rezoning.

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22.5.8 Approval. If the township board finds the conditional rezoning request and offer of conditions

acceptable, the offer of conditions shall be incorporated into a formal written statement of

conditions acceptable to the owner and conforming in form to the provisions of this section.

The statement of conditions shall be incorporated by attachment or otherwise as an

inseparable part of the ordinance adopted by the township board to accomplish the requested

conditional rezoning. The statement of conditions shall:

A Be prepared in a form recordable with the Lenawee County Register of Deeds;

B Contain a legal description of the land to which it pertains;

C Contain a statement acknowledging that the statement of conditions runs with the

land, and is binding upon successor owners of the land;

D Incorporate by attachment the conceptual plan which formed the basis of the

conditional rezoning;

E Contain the notarized signatures of all the owners of the property proceeded by a

statement attesting to the fact that they are the only parties having an interest in the

property, and that they voluntarily offer and consent to the provisions contained

within the statement of conditions;

F The statement of conditions may be reviewed and approved by the township

attorney, with the applicant to pay all costs associated with such review and approval;

G The approved statement of conditions shall be filed by the owner with the Lenawee

County Register of Deeds within 30 days after approval of the conditional rezoning.

The owner shall provide the township with a recorded copy of the statement of

conditions within 30 days of receipt. The township board shall have the authority to

waive this requirement if it determines that, given the nature of the conditions and/or

the time frame within which the conditions are to be satisfied, the recording of the

statement of conditions would be of no material benefit to the township or to any

subsequent owner of the land; and

H Upon the conditional rezoning taking effect, and after the required recording of the

statement of conditions, use of the land so rezoned shall conform thereafter to all the

requirements regulating use and development within the new zoning district as

modified by any more restrictive provisions contained in the statement of conditions.

22.5.9 Compliance with Conditions. Any person who establishes development or commences a

use upon land that has been conditionally rezoned shall continuously operate and maintain

the development or use in full compliance with all the conditions set forth in the statement of

conditions. Any failure to comply fully with the conditions contained within the statement of

conditions shall constitute a violation of this ordinance and be punishable accordingly.

Additionally, any such violation shall be deemed a nuisance per se and subject to judicial

abatement as provided by law.

22.5.10 Time Period for Establishing Development or Use. The approved development and/or use

of the land pursuant to building and other required permits must be commenced upon the

land within one year after the effective date by publication of the conditional rezoning action,

and must thereafter proceed diligently to completion. This time limitation may, upon written

request, be extended by the township board if:

A It is demonstrated to the township board's sole satisfaction that there is a strong

likelihood that the development and/or use will commence within the period of

extension and proceed diligently thereafter to completion, and

B The township board finds that there has not been a change in circumstances that

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would render the conditional rezoning with statement of conditions incompatible with

other zones and uses in the surrounding area or otherwise inconsistent with sound

zoning policy.

22.5.11 Reversion of Zoning. If approved development and/or use of the rezoned land does not

occur within the time frame specified under section 22.5.10 above, then the land shall revert

to its former zoning classification as set forth in section 405(2) of the Michigan Zoning

Enabling Act (P.A. 110 of 2006, MCL 125.3405), as amended. The reversion process shall be

initiated by the township board, and proceed pursuant to section 22.1.2.

22.5.12 Subsequent Rezoning of Land. When land that is conditionally rezoned with the statement

of conditions is thereafter rezoned to a different zoning classification, or to the same zoning

classification but with a different or no statement of conditions, whether as a result of a

reversion of zoning pursuant to section 22.5.11 above, or upon application of the landowner,

or otherwise, the statement of conditions imposed under the former zoning classification shall

cease to be in effect. Upon the owner's written request, the township clerk shall record with

the Lenawee County Register of Deeds a notice that the statement of conditions is no longer

in effect.

22.5.13 Amendment of Conditions.

A During the time period for commencement of an approved development or use

specified pursuant to subsection 22.5.10 above, or during any extension thereof

granted by the township board, the township shall not add to or alter the conditions in

the statement of conditions.

B The statement of conditions may be amended thereafter in the same manner as was

prescribed for the original conditional rezoning and statement of conditions.

22.5.14 Township Right to Rezone. Nothing in the statement of conditions nor in the provisions of

this section shall be deemed to prohibit the township from rezoning all or any portion of land

that is subject to a statement of conditions to another zoning classification. Any rezoning shall

be conducted in compliance with this ordinance and the Michigan Zoning Enabling Act. (P.A.

110 of 2006, MCL 125.3101 et. seq.), as amended.

22.5.15 Failure to Offer Conditions. The township shall not require an owner to offer conditions as a

requirement for rezoning, per the requirement of section 405(5) of the Michigan Enabling Act

(P.A. 110 of 2006, MCL 125.2405(5)), as amended. The lack of an offer of conditions shall

not affect an owner's rights under this ordinance

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ARTICLE XXIII

VIOLATIONS, PENALTIES AND REMEDIES

SECTION 23.1 VIOLATIONS

Any person violating any provision of this ordinance shall be deemed:

23.1.1 Guilty of a misdemeanor. Penalties may be imposed up to ninety (90) days incarceration in

the County Jail and or fines up to five hundred ($500.00) dollars plus the costs of

prosecution; and/or

23.1.2 Responsible for a civil infraction. Penalties may be imposed in fines up to one hundred

($100.00) dollars plus the costs of prosecution.

23.1.3 The decision to charge the alleged violator with a misdemeanor and/or civil infraction as a

result of a violation of this Ordinance shall be at the sole discretion of the Township.

SECTION 23.2 NUISANCE PER SE

In addition to the foregoing, any violation of this Ordinance shall be deemed a nuisance per se, permitting

the Township Board, its officers, agents or any private citizen to take such action in any Court of

competent jurisdiction to cause the abatement of such nuisance, including injunctive relief.

SECTION 23.3 RIGHTS AND REMEDIES

The rights and remedies provided herein are cumulative and in addition to any other remedies provided

by law.

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ARTICLE XXIV

LEGAL STATUS

SECTION 24.1 CONFLICT WITH OTHER LAWS

Conflicting laws of a more restrictive nature are not affected or repealed by this Ordinance. The

provisions of this Ordinance shall be considered as minimum. Conflicting laws of a less restrictive nature,

or those conflicting in other ways than degrees of restrictiveness, are hereby repealed.

This Ordinance is not intended to abrogate or annul any easement, covenant, or other private agreement

provided that where any provision of this Ordinance is more restr

ictive or imposes a higher standard or

requirement than such easement, covenant, or other probate agreement, the provision of this Ordinance

shall govern.

SECTION 24.2 VALIDITY AND SEVERABILITY CLAUSE

If any court of competent jurisdiction shall declare any part of this Ordinance to be invalid, such ruling

shall not affect any other provisions of this Ordinance not included in said ruling_ In any court of

competent jurisdiction shall declare invalid the application of any provision of this Ordinance to a

particular land, parcel, lot, district, use, building, or structure, such ruling shall not affect the application of

said provision to any other land, parcel, lot, district, use, building, or structure not specifically included in

said ruling.

SECTION 24.3 PERIOD OF EFFECTIVENESS

This Ordinance shall remain in full force and effect henceforth unless repealed.

SECTION 24.4 REPEAL OF ORDINANCE

The 'Zoning Ordinance of the Township of Woodstock, Lenawee County, Michigan adopted on April 1,

1974, and all amendments thereto are hereby repealed effective coincident with the effective date of this

Ordinance.

SECTION 24.5 EFFECTIVE DATE

This Ordinance shall be published in the manner provided by law and shall take effect (7) days after the

date of publication.

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