Texas Township Zoning Ordinance. Effective: December 13, 2010

Transcription

1 Texas Townshp Zonng Ordnance Effectve: December 3, 200 May 8, 207

2 (Intentonally Blank) Formattng, organzaton, graphcs & desgn 200 Clearzonng, Inc. All rghts reserved. Texas Townshp Zonng Ordnance clearzonng

3 Table of Contents Table of Contents wth Sectons How to ths Ordnance v Artcle.0 Purpose and Introducton - Artcle 2.0 Defntons 2- Artcle 3.0 Zonng Dstrcts 3- Artcle 4.0 Standards 4- Artcle 5.0 Ste Standards 5- Artcle 6.0 Procedures 6- Artcle 7.0 Admnstraton, Appeals and Enforcement 7- Texas Townshp Zonng Ordnance clearzonng

4 Table of Contents wth Sectons How to ths Ordnance v. Content Organzaton and Page Layout v 2. Symbols and r Notes v 3. Readng the Ordnance v 4. Matrx x 5. Dstrct Summary Table xv 6. Zonng Map xv Artcle.0 Purpose and Introducton - Sec.. Purpose -3 Sec..2 Vested Rght -3 Sec..3 Conflctng Regulatons -3 Artcle 2.0 Defntons 2- Sec. 2. Constructon of Language 2-3 Sec. 2.2 Defntons 2-3 Artcle 3.0 Zonng Dstrcts 3- Sec. 3. Dstrcts Establshed 3-3 Sec. 3.2 Boundares 3-46 Sec. 3.3 EBT Educaton, Busness and Technology Dstrct 3-46 Sec. 3.4 Notes to Dstrct Standards 3-48 Sec. 3.5 General Exceptons 3-49 Sec. 3.6 Dstances between Buldngs n the R-4 & R-5 Dstrcts 3-49 Sec. 3.7 Lmtatons on Heght 3-49 Artcle 4.0 Standards 4- Sec. 4. Prncpal Permtted s n the A Dstrct 4-3 Sec. 4.2 Accessory Buldngs n A, RC, R-, R-A and R-2 Zonng Dstrcts, Front Yards Greater than 900 Square Feet or 2% of Front Yard Buldable Area, Whchever s Greater, on Parcels Larger than 0 Acres 4-3 Sec. 4.3 Automoble Sales Agences 4-3 Texas Townshp Zonng Ordnance clearzonng 7/8/206

5 Table of Contents wth Sectons Sec. 4.4 Muncpal Offces or Publc Facltes n the CB dstrct 4-3 Sec. 4.5 Anmal Hosptals 4-3 Sec. 4.6 Asphalt & Concrete Ready-Mx Plant 4-4 Sec. 4.7 Vehcle Repar, Mnor & Major 4-4 Sec. 4.8 Bars, Taverns, and Nghtclubs 4-4 Sec. 4.9 Reserved 4-4 Sec. 4.0 Care Homes 4-4 Sec. 4. Cemetery 4-4 Sec. 4.2 Chld Care Centers/Day Care Center 4-4 Sec. 4.3 Places of worshp 4-4 Sec. 4.4 Club, Prvate Noncommercal 4-5 Sec. 4.5 Drve-n Theater 4-5 Sec. 4.6 Earth Removal, Excavatons Commercal 4-5 Sec. 4.7 Gasolne Servce Staton 4-5 Sec. 4.8 Golf Course 4-5 Sec. 4.9 Gravel Processng and Quarryng 4-5 Sec Hosptals 4-5 Sec. 4.2 Hotel 4-5 Sec Insttutons, Chartable Eleemosynary, Phlanthropc 4-6 Sec Junkyards, Buldng Materal Salvage Yards 4-6 Sec Kennel 4-6 Sec Medcal Clnc 4-6 Sec Moble Home Sales 4-6 Sec Motel 4-7 Sec Offces and Offce Buldngs 4-7 Sec Publc Utlty Buldngs and Structure 4-7 Sec Recreaton, Commercal, Outdoors 4-7 Sec. 4.3 Rdng Stables, and Racetracks, Commercal 4-7 Sec Schools, Parochal and Prvate 4-7 Sec Slaughterhouses 4-7 Sec Storage or warehousng of commodtes n the I- Dstrct 4-7 Sec d Car Lots 4-8 Sec Veternary Clncs 4-8 Sec Volunteer or Townshp Fre Statons 4-8 5/8/207 Texas Townshp Zonng Ordnance clearzonng

6 Table of Contents wth Sectons Sec Telecommuncaton Towers and Antennas 4-8 Sec Wnd Energy Converson Systems 4-3 Sec Mxed 4-5 Sec. 4.4 Earth Removal, Mnng and Processng Operatons 4-6 Sec Rdng Stables 4-20 Sec Prvate Arfelds or Arcraft Landng Strps 4-20 Sec Barns or Smlar Structures n Resdental Dstrcts 4-2 Sec Research and Related s n the Industral Dstrcts 4-2 Sec Specal Excepton s n the I-3 Dstrct 4-22 Sec Accessory s n the EBT Dstrct 4-22 Sec Home Occupatons 4-22 Sec Adult s 4-23 Sec Sold Waste Transfer Facltes 4-24 Sec. 4.5 Moble Home Park Regulatons 4-27 Sec Planned Unt Standards 4-27 Sec Bed and Breakfast 4-36 Sec Outdoor Seatng for Servng Patrons Alcoholc Beverages 4-37 Sec Manufacturng, Compoundng, and Assemblng or Treatment of Artcles or Merchandse 4-37 Sec Sngle Famly Dwellngs n the RC Dstrct 4-37 Artcle 5.0 Ste Standards 5- Sec. 5. Lmtatons on all Land and Structures 5-3 Sec. 5.2 Lmtatons on Area and Lot Frontages 5-3 Sec. 5.3 Screenng, Fencng, and Landscapng 5-3 Sec. 5.4 Setbacks from Lakes, Ponds, Streams and Rvers 5-6 Sec. 5.5 Rparan Lot Regulatons 5-8 Sec. 5.6 Exteror Lghtng Requrements 5-8 Sec. 5.7 Parkng Requrements 5-0 Sec. 5.8 Sgns 5-4 Sec. 5.9 Access Management 5-2 Sec. 5.0 Reserved 5-23 Sec. 5. Reserved 5-23 v Texas Townshp Zonng Ordnance clearzonng 5/8/207

7 Table of Contents wth Sectons Sec. 5.2 Sec 5.3 Stub Roads and Cul-de-Sacs that Abut Property Lnes at the Boundares of Platted and Condomnum Subdvsons 5-23 Accessory Buldngs n Agrcultural, Resource Conservaton, and Resdental Dstrcts 5-24 Artcle 6.0 Procedures 6- Sec. 6. Ste Plan Revew 6-3 Sec. 6.2 Ste Condomnum Approval 6- Sec. 6.2A CBD Mxed Ste Condomnum Plan Revew 6-5 Sec. 6.3 Specal Excepton s 6-22 Sec. 6.4 Condtonal Rezonng 6-23 Sec. 6.5 Prohbton on Medcal Marjuana Provson n Centers, Dspensares and Safety Complance Facltes 6-26 Artcle 7.0 Admnstraton, Appeals and Enforcement 7- Sec. 7. Admnstraton 7-3 Sec. 7.2 Enforcement 7-3 Sec. 7.3 Volatons 7-3 Sec. 7.4 Sanctons 7-3 Sec. 7.5 Zonng Board of Appeals 7-3 Sec. 7.6 Applcaton for Varances or Appeals 7-4 Sec. 7.7 Zonng Permt to Erect or Alter Structures 7-4 Sec. 7.8 Certfcate of Occupancy 7-5 Sec. 7.9 Nonconformng s 7-5 Sec. 7.0 Nonconformty Created by Exercse of Power of Emnent Doman 7-6 Sec. 7. Buldng Upon Unplatted Land 7-6 Sec. 7.2 Amendment Procedure 7-6 5/8/207 Texas Townshp Zonng Ordnance clearzonng v

8 How to Ths Ordnance. CONTENT ORGANIZATION AND PAGE LAYOUT The Zonng Ordnance s organzed nto seven Artcles, whch are further dvded usng standard outlne herarchy. The content and page layout are desgned to promote a clear understandng of requrements, as well as quck retreval of relevant standards, procedures and other nformaton. The followng key asssts wth navgatng ths document. Artcle Tabs lnk to the frst page of each Artcle. Red tab ndcates the Artcle n whch the current page s located. r Notes provde helpful nformaton for dgtal and hard copy formats. r Notes are always hghlghted n blue. Sectons and Subsectons contan the Ordnance regulatons n a herarchcal manner. Blue bold font lnks to standards n other sectons of the Ordnance. Graphcs, fgures, and tables llustrate concepts or clarfy regulatons. Lnk to How to Ths Ordnance. Lnk to Zonng Map. Notes provde relevant dstrct nformaton recommended for revew. Lnk to Table of Contents. Selected References lst other sectons or Ordnances that may pertan to a development n the dstrct. Pages are numbered sequentally wthn each Artcle. v Texas Townshp Zonng Ordnance clearzonng

9 How to Ths Ordnance 2. SYMBOLS AND USER NOTES The followng symbols are used out the Zonng Ordnance: P L C L R/W ndcates the term s defned n Artcle 2, Defntons. (Note: Not every defned term s desgnated wth a symbol. Consult Artcle 2, Defntons, for a lst of all defned terms.) ndcates there s a graphc that llustrates the standard or requrement. dentfes a property lne. dentfes the rght-of-way centerlne. dentfes the rght-of-way.? dentfes a r Note that provdes helpful nformaton for all users. dentfes a Dgtal r Note that provdes helpful nformaton for users wth a dgtal verson of the Zonng Ordnance. Texas Townshp Zonng Ordnance clearzonng v

10 How to Ths Ordnance 3. READING THE ORDINANCE Rules have been establshed to assst wth nterpretng the ordnance. Below are some rules to keep n mnd when readng ths document: Sometmes there may be general and specfc regulatons that pertan to one partcular aspect of ste desgn. In such nstances, the specfc regulatons must be followed. Dscrepances between text and an llustraton (ncludng ts capton) may occur. In the case of such dscrepances, the text s consdered the accurate source of nformaton. The use of the word shall carres sgnfcant meanng. Shall regulatons must be followed. Requrements that use the word may are dscretonary, meanng that the requrement s at the dscreton of the Plannng Commsson, Townshp Board or Zonng Board of Appeals. Artcle 2, Defntons, contans over 80 terms. If a term s not lsted n ths secton, t wll carry the meanng customarly assgned to t. Conjunctons are often used and must be read accurately: AND ndcates that all connected tems, condtons, provsons or events shall apply. OR ndcates that the connected tems, condtons, provsons or events may apply sngly or n any combnaton. (OR may also be read and/or ) EITHER OR ndcates that the connected tems, condtons, provsons or events shall apply sngly, but not n combnaton. For more rules, see Secton 2. Constructon of Language. Dgtal r Note: What s a lnk? A lnk allows for quck reference to a relevant secton. By clckng a lnk, the user s taken drectly to a page n the Ordnance or another reference document. The user may return to the orgnal page by clckng the prevous vew button n Adobe Acrobat Reader. If you do not see the prevous vew button on your Adobe Acrobat Reader screen, you can add t by turnng on your page navgaton toolbar. For assstance, refer to the Help menu n your verson of Acrobat Reader. What nformaton s lnked? All blue text s lnked to ether another page wthn the Zonng Ordnance, a separate Townshp ordnance or document, or an external webste. In addton, several other features of the document are lnked to allow users to navgate the ordnance. Clck on any of the followng features to quckly locate another secton: B- B-2 I- Artcle tabs located on the sde of each page are lnked to the Contents page of each Artcle. Icons located at the bottom of each page are lnked to the How to Ths Ordnance secton, the man Table of Contents, and the Zonng Map Matrx dstrct headngs are lnked to the correspondng dstrct regulatons page n Artcle 3. How do I calculate heght button located on each dstrct regulatons page s lnked to the defnton of buldng heght n Artcle 2. Zonng Map Legend headngs are lnked to the correspondng dstrct regulatons page n Artcle 3. v Texas Townshp Zonng Ordnance clearzonng

11 How to Ths Ordnance 4. USE MATRIX Below s a reference table that summarzes the uses lsted n the Ordnance. s below are generalzed. Consult Secton 3. as certan condtons and standards may apply. If there are any conflcts between ths table and the uses lsted n Secton 3., the latter wll control. P = Prncpal Permtted S = Specal Excepton Dgtal r Note: Clck on a dstrct headng below to go drectly to the correspondng dstrct regulatons. A R-A R- R-2 R-3 R-4 R-5 R-6 Agrcultural actvtes, ncludng the rasng or growng of crops S Apartment P P Apartment buldng offces P P Bed and breakfast S S S S Cemeteres S S S S S S S Chld care wthn a church, parochal, or prvate school S S S S S S S S Conservaton areas, publc or prvate P Earth removal, mnng and processng operatons S Eleemosynary, chartable and phlanthropc nsttutons S S S S S S S S Essental servces P Famly adult foster care home S S S S S S S Famly day care homes P P P P P P P P Farms and farm-related actvtes P Golf courses S S S S S S S S Group day care home, adult S S S S S S S Group day care homes S S S S S P P Home occupatons, Class A P P P P P P P Home occupatons, Class B S S S S S S S Hosptal and medcal clnc S S S S Lmted resdental care facltes S S Moble home parks P Parkng areas and drves P Parks and recreaton areas P Parochal and prvate schools S S S S S S S Places of worshp P P P P P P P P Planned unt development S S S S S S S S Prvate arfelds or arcraft landng strps S Prvate noncommercal clubs S S S S S S S S Publc utlty buldngs and structures S S S S S S S RC Contnued on next page 5/8/207 Texas Townshp Zonng Ordnance clearzonng x

12 How to Ths Ordnance 4. USE MATRIX Below s a reference table that summarzes the uses lsted n the Ordnance. s below are generalzed. Consult Secton 3. as certan condtons and standards may apply. If there are any conflcts between ths table and the uses lsted n Secton 3., the latter wll control. P = Prncpal Permtted S = Specal Excepton Dgtal r Note: Clck on a dstrct headng below to go drectly to the correspondng dstrct regulatons. Publcly owned and operated buldngs and uses Rasng and growng of plants, trees, shrubs and nursery stock Recreaton uses, such as publc or prvate game refuges, golf courses, parks, playgrounds, campgrounds A R-A R- R-2 R-3 R-4 R-5 R-6 S S S S S S S Rdng stables S Sgns P P P P P P P P Sngle-famly dwellng P P P P P P Telecommuncaton towers S Two-famly dwellng P P P Wnd energy converson systems S S S S S S S S Contnued on next page RC S S x Texas Townshp Zonng Ordnance clearzonng 5/8/207

13 How to Ths Ordnance 4. USE MATRIX (Contnued) Below s a reference table that summarzes the uses lsted n the Ordnance. s below are generalzed. Consult Secton 3. as certan condtons and standards may apply. If there are any conflcts between ths table and the uses lsted n Secton 3., the latter wll control. P = Prncpal Permtted S = Specal Excepton Dgtal r Note: Clck on a dstrct headng below to go drectly to the correspondng dstrct regulatons. O- C- C-2 C-3 C-4 I- EBT CBD Accessory structures and uses customarly ncdent to the permtted use P P P P P P P P Adult regulated uses S Agrcultural commodty processng S Anmal Hosptal S S Art shops P P P P P P Assembly of merchandse P Asssted lvng facltes S Automoble sales agency P P Banks, credt unons, savngs and loan assocatons and smlar uses P P P P P P Bar, tavern and nghtclub S S Bed and Breakfast S Botechnology facltes S Boat sales P P Bus termnals S P Car wash S Chld care centers P P P P P P P Commercal recreaton enterprses, outdoors S P S S Commercal recreaton enterprses; ndoors P P P S Communcatons facltes P Constructon and farm equpment sales P Contractor's equpment yard P Contractor's establshments P S Contractor's materal sales S Data center P Data processng facltes P Dstrbuton of prevously prepared materals S Drve-n eatng establshments P Drve-n theater S Dry cleanng establshments & Retal laundres P P P P S Earth removal and excavatons; commercal S Contnued on next page 5/8/207 Texas Townshp Zonng Ordnance clearzonng x

14 How to Ths Ordnance 4. USE MATRIX (Contnued) Below s a reference table that summarzes the uses lsted n the Ordnance. s below are generalzed. Consult Secton 3. as certan condtons and standards may apply. If there are any conflcts between ths table and the uses lsted n Secton 3., the latter wll control. P = Prncpal Permtted S = Specal Excepton Dgtal r Note: Clck on a dstrct headng below to go drectly to the correspondng dstrct regulatons. O- C- C-2 C-3 C-4 I- EBT CBD Educaton or tranng n professonal or techncal felds P Electroncs facltes P Facltes for human care such as hosptals, santarums, rest and convalescent homes P P P P P S Fre staton, volunteer or townshp S S Fuel dstrbuton P Gasolne servce statons S S S Greenhouse and nursery and landscapng supples P P Hardware and buldng supples P Hotel S S S S Ice and cold storage plant P Industral uses S Interor decoratng studos P P P P P P Junkyards and buldng materal salvage yards S Kennel S S Machne and heavy equpment sales; ndoors P Machne shop P Manufacturng S Medcal offces, ncludng clncs P P P P P P P Mxed-use development S S S S S S S Moble home sales S Motel S S S P Move theater P Muncpal offces of publc facltes P Offce buldngs for executve, professonal, accountng, wrtng, clercal, stenographc, draftng and sales P P P P P P P P Outdoor dsplay of goods S S S Outdoor seatng for servng alcohol S S S Package lquor, beer and wne sales S S S S S Packagng of prevously prepared materals P S Contnued on next page x Texas Townshp Zonng Ordnance clearzonng 5/8/207

15 How to Ths Ordnance 4. USE MATRIX (Contnued) Below s a reference table that summarzes the uses lsted n the Ordnance. s below are generalzed. Consult Secton 3. as certan condtons and standards may apply. If there are any conflcts between ths table and the uses lsted n Secton 3., the latter wll control. P = Prncpal Permtted S = Specal Excepton Dgtal r Note: Clck on a dstrct headng below to go drectly to the correspondng dstrct regulatons. O- C- C-2 C-3 C-4 I- EBT CBD Personal servce establshments whch perform servces on the premses P P P P P P Photographc studos P P P P P P Places of worshp S S S S S S Post offces and smlar governmental offce buldngs servng persons lvng n the adjacent resdental areas P P P P Prntng, lthographc, blueprntng and smlar uses P S Prvate schools S Processng and assembly of engneerng, medcal, laboratory, scentfc, and research S nstruments Processng or compoundng commodtes P S Producton of prototypcal products P Publc utlty buldngs and structures S S S Publcly owned and operated buldngs and uses P P P P P P P P Ready-mx concrete and asphalt plants Research & related uses, desgn and expermental product development S P Resdental or multple famly unts, attached S Restaurants P P P P Retal busnesses whch supply commodtes - groceres, baked goods, hardware, audo and P P P P P vdeo equpment, electroncs etc. Rdng stable and racetrack; commercal S S Scentfc or medcal laboratores P Shoppng centers or plazas P Slaughterhouse S Sgns P P P P P P P P Sold waster transfer facltes S Storage or warehousng of commodtes P S Storage, mn- or self- warehouse P Storage, outdoors S S Contnued on next page 5/8/207 Texas Townshp Zonng Ordnance clearzonng x

16 How to Ths Ordnance 4. USE MATRIX (Contnued) Below s a reference table that summarzes the uses lsted n the Ordnance. s below are generalzed. Consult Secton 3. as certan condtons and standards may apply. If there are any conflcts between ths table and the uses lsted n Secton 3., the latter wll control. P = Prncpal Permtted S = Specal Excepton Dgtal r Note: Clck on a dstrct headng below to go drectly to the correspondng dstrct regulatons. O- C- C-2 C-3 C-4 I- EBT CBD Swmmng pools; outdoor S Telecommuncaton towers S S S Truck sales P Truck termnals, mantenance and storage yard P d car lot S S Vehcle repar, major Vehcle repar, mnor P S P S Veternary clncs or smlar facltes, ncludng pet shops S S Wnd energy converson systems S S S S S S S xv Texas Townshp Zonng Ordnance clearzonng 5/8/207

17 How to Ths Ordnance 5. DISTRICT SUMMARY TABLE Below s a quck reference table that summarzes dstrct regulatons. Consult Artcle 3 Zonng Dstrcts for addtonal requrements and exceptons to the nformaton below, as well as standards for the CBD Corners Busness dstrct, PUD Planned Unt Overlay dstrct, and the OSP Open Space Preservaton dstrct. Dstrct Dstrct Summary Table Mnmum Lot Sze Mnmum Lot Frontage (feet) Front Yard (feet) Setbacks Sde Yards (feet) A Agrcultural 3.0 acres 200 ft RC Resource Conservaton 0.0 ac 330 ft (00 corner lot sde yard) R- Sngle Famly Resdental.5 ac R-A Sngle Famly Resdental acre (wthout water/sewer) 29,000 sq ft (wth water/sewer) 65 (wthout water/sewer) 32 (wth water/sewer) Rear Yard (feet) R-2 Sngle Famly Resdental 4,500 sq ft R-3 Sngle & Two Famly Resdental R-4 Multple-Famly Resdental R-5 Hgh Densty Multple-Famly Resdental 4,500 sq ft (sngle famly) 0,895 sq ft (two famly) 0,895 sq ft (two famly) 8,76 sq ft (multple famly) 0,895 sq ft (two famly) 4,356 sq ft (multple famly) (two famly) 00 (multple famly) 80 (two famly) 00 (multple famly) R-6 Moble Home Park 7,000 sq ft O- Offce Servce 0,000 sq ft 75 none none none C- Local Commercal 0,000 sq ft 75 none none none C-2 General Commercal 30,000 sq ft C-3 Shoppng Center Commercal 40,000 sq ft C-4 Hghway Commercal 40,000 sq ft I- Industral 2.0 acres EBT Educaton & Busness Technology 3.0 acres /8/207 Texas Townshp Zonng Ordnance clearzonng xv

18 How to Ths Ordnance (Intentonally Blank) xv Texas Townshp Zonng Ordnance clearzonng

19 How to Ths Ordnance 6. ZONING MAP Dgtal r Note: Clck on a dstrct headng n the map legend to go drectly to the correspondng dstrct regulatons. Texas Towns hp Zonng Ordnance clearzonng xv

20 (Intentonally Blank) xv Texas Townshp Zonng Ordnance clearzonng

21 Purpose and Introducton Chapter 36 2 Defntons Artcle.0 Purpose and Introducton Zonng 3 Dstrcts Ste Admn and Texas Townshp Zonng Ordnance clearzonng -

22 Purpose and Introducton 2 Defntons Chapter 36 Artcle.0 Purpose and Introducton 36-. Purpose Vested Rght Conflctng Provsons Admn and Ste Zonng 3 Dstrcts -2 Texas Townshp Zonng Ordnance clearzonng

23 36-.0 Purpose and Introducton PURPOSE. In the nterest of protectng and promotng the publc health, safety and general welfare of the nhabtants and property of the townshp, the purpose of ths chapter s to prevent the overcrowdng of land and buldngs, avodance of undue concentraton of populaton, and to provde adequate lght and ar wth due consderaton to the character of the zone and ts pecular sutablty for partcular purposes to the end that property values may be conserved and the most approprate use of the land of the townshp encouraged VESTED RIGHT. It s hereby expressly declared that nothng n ths chapter shall be held or construed to gve or grant to any person any vested nterest, rght, lcense, prvlege or permt. Purpose and Introducton 2 Defntons Zonng 3 Dstrcts CONFLICTING PROVISIONS. In nterpretng and applyng ths chapter, the requrements contaned n ths chapter are declared to be the mnmum requrements for the protecton of health, morals, safety or welfare. Ths chapter shall not be deemed to nterfere wth or abrogate or annul or otherwse affect n any manner whatsoever any ordnance, rules, regulatons or permts, or by easements, covenants, or other agreements between partes, provded, however, that where ths chapter mposes a greater restrcton upon the use of buldngs or premses or upon the heght of buldngs or larger open spaces than are mposed or requred by other ordnances, rules, regulatons, or permts, or by easements, covenants, or agreements between partes, the provsons of ths chapter shall preval. Except as provded n ths chapter, the general regulatons n ths artcle shall apply. Ste Admn and Texas Townshp Zonng Ordnance clearzonng -3

24 2 Defntons Purpose and Introducton (Intentonally Blank) Admn and Ste Zonng 3 Dstrcts -4 Texas Townshp Zonng Ordnance clearzonng

25 Purpose and Introducton Chapter 36 2 Defntons Artcle 2.0 Defntons Zonng 3 Dstrcts Ste Admn and Texas Townshp Zonng Ordnance clearzonng 2-

26 Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and Access drve Access connector Access management Access pont Accessory s Adult Regulated s* Alley Anmal Anmal hosptal Apartment house Basement Beacon Berm Boardnghouse Boathouse Buldng Buldng, accessory Buldng envelope Buldng heght Buldng lne Buldng ste Clnc Club Commercal Common elements Condomnum project Condomnum plan Condomnum unt Developer Dstrct Dwellng Dwellng, sem-detached Dwellng, sngle-famly Dwellng, two-famly Dwellng, multple-famly Dwellng unt Essental servces Excavaton Excavatons, commercal Facltes and servces Famly Farmng Fence Floor area Floor area, commercal Chapter 36 Artcle 2.0 Defntons 2. Constructon of Language 2.2 Defntons Garage, attached Gasolne servce staton Grade, average Gross vehcle weght (GVW) Home occupaton Hosptal Hotel Integrated shoppng center Intersecton Junkyard Kennel Land bankng Lmted common elements Loadng space Lot Lot area Lot, corner Lot coverage Lot, depth of Lot, double frontage Lot, front of Lot frontage Lot, nteror Lot of record Manufactured home Marhuana Master deed Master plan Medcal marhuana Medcal marhuana dspensary or cooperatve Medcal marhuana provsonng center / provsonng center Mezzanne Mchgan Medcal Marhuana Act Moble home Nonconformng uses Off-street parkng lot Outdoor dsplay Parkng space, vehcle Planned unt development Prncpal buldng Professonal offce Recreatonal unt Recreatonal vehcle Research & related uses Resdental care facltes* Retal uses Rght-of-way Road, prvate Safety complance faclty Servce uses, personal Setback Shelter, fallout Shoppng center Sgn* Ste condomnum development Sold waste transfer faclty Specal excepton Specal excepton uses Storage, temporary Story Structure Telecommuncatons tower Underlyng zonng Undeveloped state Vehcle chargng space Vehcle repar, major Vehcle repar, mnor Vehcle fuel staton Vehcle wash establshment Veternary clnc Wnd energy converson system Yard Yard, front Yard, rear Yard, sde Yard sale Zone * Multple terms are defned n ths ordnance 2-2 Texas Townshp Zonng Ordnance clearzonng 5/8/207

27 2. CONSTRUCTION OF LANGUAGE Words used n the present tense nclude the future; words n the sngular number nclude the plural number; the word "shall" s mandatory. For the purpose of ths chapter, certan terms and words are defned as follows. 2.2 DEFINITIONS Access drve means any prvate drve or street provdng vehcular access to more than two ndvdual propertes or uses wthn a development, subject to ste plan revew and approval. Access connector means an nternal access drve nsde a Mxed Ste Condomnum development wth a 40 easement for publc utltes and recorded documents addressng the Mantenance and Repar agreement of the surfaces and utltes. See Artcle 5, Secton 9 of ths Ordnance. Access management means any technque utlzed to mprove traffc operatons and reduce the potental for accdents the control of the number of access ponts along a street. Such technques may nclude the promoton of alternatves to drect (ndvdual property) vehcular access, such as shared access or the use of access drves. Access pont means any openng along the street devoted to vehcular access, ncludng drveways, access drves, prvate roads or publc roads or streets. Accessory uses means a use of a buldng, lot or porton thereof, whch s customarly ncdental and subordnate to the prncpal use of the man buldng or lot. Such uses nclude the followng:. Resdental accommodatons for servants and/ or caretakers 2. Swmmng pools, tenns courts or smlar recreatonal facltes for the use of the resdence, or ther guest 3. In the CBD accessory off-street parkng spaces, open or enclosed subject to the accessory offstreet parkng regulatons for the dstrct. 2.0 Defntons Adult Regulated Defntons. Adult booth, arcade, moton pcture or mnmoton pcture theater or smlar use that presents materal whch dsplays mages emphaszng matter depctng or descrbng "specfed sexual actvtes" or "specfed anatomcal areas" as defned. Such uses shall be wthn an enclosed buldng or enclosed room wthn the buldng and shall not be vewed or dsplayed mmedately upon enterng sad buldng or room. 2. Adult book store, adult novelty store or adult vdeo store or smlar use whch offers for rent or sale materal whch dsplays mages emphaszng matter depctng or descrbng "specfed sexual actvtes" or "specfed anatomcal areas" as defned. Such stores that lmt the concentraton of such materal to an "adult only" secton, encompassng less than 25 percent of the usable floor area and less than 25 percent of the gross recepts from sales or rentals, shall not be consdered under ths defnton or regulated as "adult entertanment". 3. Adult cabaret, nghtclub, theater or smlar establshment whch features lve performances by dancers (topless, go-go or exotc as examples), strppers or smlar entertaners, where the performers feature lve dsplay of "specfed anatomcal areas" or descrbe "specfed sexual actvtes". 4. Adult motel or adult lodgng establshment or smlar use that provdes materals for sale or rent, ncludng n-room vdeos, whch dsplays mages emphaszng matter depctng or descrbng "Specfed Sexual Actvtes" or "Specfed Anatomcal Areas". Such facltes shall clearly advertse the avalablty of such adult entertanment. 5. Adult personal servce or physcal culture busness or smlar uses ncludng massage parlors, health spas, saunas or steam baths where the person provdng the servce s nude or partally nude (defned as havng attre whch reveals "specfed anatomcal areas"). 6. Specfed anatomcal areas are areas of the body, less than completely or opaquely covered, ncludng human gentals, the pubc regon, buttock or female breast area below a pont mmedately above the top of the areola. Ths defnton shall also nclude human male gentals n a dscernbly turgd state even f completely and opaquely covered. Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and /2/204 Texas Townshp Zonng Ordnance clearzonng 2-3

28 Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste 7. Specfed sexual actvtes nclude human gentals n a state of sexual stmulaton or arousal, acts of human masturbaton, sexual ntercourse, sodomy or fondlng or other erotc touchng of human gentals, the pubc regon, buttock or female breast. Alley means a dedcated publc way or way open to publc travel affordng generally a secondary means of vehcular access to abuttng lots and not ntended for general traffc crculaton. Anmal: An organsm, other than a human or plant, that s characterzed nto one of the followng three categores:. Domestc: Ths category ncludes those anmals that have adapted well to human nteracton, prmarly excludng those utlzed for producton of food products. These would nclude those anmals resdng wthn the dwellng as pets, such as dogs, house cats, and certan types of other small domestcated anmals (such as brds and reptles), but generally excludng those lsted n ether the lvestock or exotc categores. Such anmals are deemed not to be a threat to humans, are nonposonous or not carrers of dsease, are not lkely to bte wthout provocaton (or approprately caged), and are n good health. Chckens (excludng roosters) and smlar fowl may be permtted as a specal excepton use n resdental dstrcts where such anmals are not permtted under lvestock acreage restrctons (refer to Secton of ths Ordnance). 2. Lvestock: Ths category ncludes those other domestcated anmals that are prmarly utlzed for the producton of food or are n the large anmal category. These would nclude, but are not lmted to, those anmals that are presently lsted under the classfcaton of anmal unts assocated wth lvestock operatons. Ths ncludes cattle, swne, horses, sheep, goats, turkeys, chckens and ducks, except as may be permtted under domestc provsons. 3. Exotc: Ths category ncludes all other anmals but can be further dfferentated as ether beng natve or non-natve. In Mchgan, natve anmals may nclude those found n the wld out the State or wthn some small areas. Some of these anmals may be endangered or on a protected lst (cannot be hunted), whle others may be subject to game laws wth duraton of the huntng season lmted by the State of Mchgan Department of Natural Resources. Non-natve would nclude those not found n Mchgan. Ths category of anmal may be regulated a general ordnance of the Townshp (NOTE: The State of Mchgan has specfc regulaton for the mportaton of anmals and may requre an offcal nterstate health certfcate or a certfcate of veternary nspecton ssued by an accredted veternaran from the state of orgn). Anmal hosptal means a faclty for the care of anmals that may, or may not, nclude overnght stays as part of the treatment process. Such use shall not nclude kennel operatons but may nclude emergency care facltes open 24 hours per day. Apartment house means a buldng used and/or arranged for rental occupancy, or cooperatvely owned by ts occupants, havng three or more famly unts, and wth a yard, compound, servce, or utltes n common. Admn and 2-4 Texas Townshp Zonng Ordnance clearzonng 7/8/206

29 Basement means that porton of buldng heght below the frst floor josts, where at least 60 percent s below the level of the adjacent ground. A basement shall not be consdered a floor for purposes of calculatng floor area and t shall not be consdered a story. story a b When b 60% (a+b), b = basement BASEMENT Beacon means any lght wth one or more beams drected nto the atmosphere or drected at one or more ponts not on the same lot as the lght source; also, any lght wth one or more beams that rotate or move. Berm means a mound of earth (drt wall), shaped and mproved wth landscapng for screenng (sght and sound) purposes. The use of berms on property subject to ste plan approval shall only be permtted upon approval by the plannng commsson durng ste plan revew. a b story When a 60% (a+b), a = story clearzonng Buldng means a combnaton of materals, whether portable or fxed, formng a structure affordng a faclty or shelter for use or occupancy by persons, anmals, or property. Moble homes and house tralers, when permtted for human habtaton and comply wth HUD manufactured home constructon and safety standards, are buldngs. Buldng, accessory, means a buldng that s customarly ncdental and subordnate to the prncpal buldng(s) on the property and physcally detached from the prncpal buldng(s). An accessory buldng may not share a common wall or common roof wth a prncpal buldng. Buldng envelope means the area of a parcel wthn whch the prncpal buldng may be constructed. Ths area excludes all setbacks pertanng to the prncpal buldng.. Mn. sde setback BUILDING ENVELOPE Mn. rear setback Buldng envelope Buldng lnes establshed by owner wthn buldng envelope Mn. sde setback Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Boardnghouse means a dwellng n whch lodgng or meals, or both, are furnshed to three or more guests for compensaton. Boathouse means a house or shed for shelterng one or more boats. Mn. front setback clearzonng Admn and 5/8/207 Texas Townshp Zonng Ordnance clearzonng 2-5

30 Purpose and Introducton Buldng heght means the vertcal dstance measured from the average grade plane to the top of a flat roof or from the average grade plane to one -half the heght of a sloped roof. The heght of a sloped roof shall be measured from the eave to the rdge. Buldng lne means a lne beyond whch the foundaton wall or any enclosed porch, vestbule or other porton of a buldng shall not project. 2 Defntons ½ ½ BUILDING HEIGHT GABLE Buldng heght Front vew Zonng 3 Dstrcts Buldng heght ½ ½ Front vew GAMBREL Buldng heght ½ ½ Front vew HIP FLAT Ste Buldng heght PARAPET a = 3 ft max. MANSARD clearzonng Admn and Buldng heght Buldng heght a ½ ½ Front vew Sde vew Front vew 2-6 Texas Townshp Zonng Ordnance clearzonng 5/8/207

31 BUILDING LINE Purpose and Introducton Rear 2 Defntons Sde Sde Buldng Lne Requred Front Setback Zonng 3 Dstrcts P L C L clearzonng Buldng ste Wthn a condomnum development means that porton of a lot or parcel whch s a two dmensonal condomnum unt of land (.e., envelope, footprnt), along wth any desgnated space above or below the land, desgned for the constructon of a prncpal buldng and accessory structures. All buldng stes shall have frontage on a publc or prvate street as requred by the zonng ordnance. Clnc means an establshment where human patents who are not lodged overnght are admtted for examnaton and treatment by a group of physcans, dentst or smlar professons. Club means an organzaton of persons for specal purposes or for the promulgaton of sports, arts, scences, lterature, poltcs, or the lke, but not operated for proft. Commercal means the use of property n connecton wth the purchase, sale, barter, dsplay or exchange of goods, wares, merchandse or personal servces or the mantenance of servce offces or recreaton or amusement enterprse. Common elements means the portons of a condomnum project other than the condomnum unts Condomnum project means a development or project consstng of not less than two condomnum unts establshed n conformance wth, and pursuant to, the Condomnum Act, Act No. 59 of the Publc Acts of 978, as amended. Ste Admn and 5/8/207 Texas Townshp Zonng Ordnance clearzonng 2-7

32 Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and Condomnum plan means the plan as requred n ths ordnance, ncludng but not lmted to, the survey and utlty plans, streets and pedestran crculaton, and buldng ste plans showng exstng and proposed structures and mprovements ncludng ther locaton on the land. Condomnum unt means that porton of a condomnum project desgned and ntended for separate ownershp and use, as descrbed n the master deed of the project, regardless of whether t s ntended for resdental, offce, ndustral, busness, recreatonal or any other type of use approved by the Mchgan Department of Commerce for such projects. Developer means a person engaged n the busness of developng a condomnum project. Dstrct means an area wthn whch certan uses of land and buldngs are permtted and all other are prohbted; yards and other open spaces are requred; lot areas, buldng heght lmts, and other requrements are establshed; and all of such areas and spaces beng dentcal for the dstrct n whch they apply. Dwellng means a buldng whch s occuped wholly as the home, resdence or sleepng place by one famly ether permanently or transently, excludng any garage space, complyng wth the followng standards:. It comples wth the mnmum square footage requrements of ths chapter for the zone n whch t s located. 2. It has a mnmum wdth for at least 75 percent of the floor area across any secton of not less than 20 feet. 3. It s frmly attached to a permanent foundaton constructed on the ste n accordance wth the townshp buldng code and shall have a wall of the same permeter dmensons of dwellng and constructed of such materals and type as requred n the applcable buldng code. 4. Any dwellng transported to a ste s requred to have any wheels, axles, towng htches or other appurtenances used for towng removed promptly upon placng the dwellng upon ts foundaton. 5. It comples wth all pertnent buldng and fre codes. In the case of a moble home, all constructon and plumbng, electrcal apparatus and nsulaton wthn and connected to such moble home shall be of a type and qualty conformng to the Moble Home Constructon and Safety Standards as promulgated by the Unted States Department of Housng and Urban, beng 24 CFR 3280, and as from tme to tme such standards may be amended. The standards of subsectons (A)--(E) of ths defnton shall not apply to a moble home located n a lcensed moble home park except to the extent requred by state or federal law or otherwse specfcally requred n the ordnance of the townshp pertanng to such parks. Dwellng, sem-detached, means one of two buldngs arranged or desgned as dwellngs located on abuttng lots; separated from each other by a party wall, wthout openngs, extendng from the cellar floor to the hghest pont of the roof, along the dvdng lot lne; and separated from any other buldng or structure by space on all other sdes. Dwellng, sngle-famly, means a buldng desgned exclusvely for and occuped exclusvely by one () famly n a buldng contanng not more than one dwellng unt. Dwellng, two-famly, means a buldng desgned exclusvely for occupancy be two (2) famles, lvng ndependently of each other and contanng not more than two separate dwellng unts. Dwellng, multple-famly, means a buldng or a porton thereof desgned exclusvely for occupancy by three (3) or more famles, lvng ndependently of each other and contanng three or more dwellng unts (an apartment house). Dwellng unt means a buldng or porton thereof arranged or desgned for permanent occupancy by not more than one famly for lvng purposes and havng cookng facltes. 2-8 Texas Townshp Zonng Ordnance clearzonng /2/204

33 Essental servces, means the erecton, constructon, alteraton or mantenance by publc utltes or muncpal departments of underground, surface or overhead gas, electrcal, steam, fuel or water transmsson or dstrbuton system, collecton, communcaton, supply or dsposal system, ncludng towers, poles, wres, mans, drans, sewers, ppes, conduts, cables, fre alarm and polce call boxes, traffc sgnals, hydrants and smlar equpment n connecton herewth, but not ncludng buldngs whch are necessary for the furnshng of adequate servce by such facltes for the general health, safety or welfare. Rado broadcastng and recevng towers and equpment structures used n cellular telephone systems are specfcally excluded from the defnton of essental servces. Excavaton means any groundbreakng of ground except common household gardenng and ground care Excavatons, commercal, means the dggng of sol, sand, gravel, rock, mnerals, clay or other earthen materal from a land surface for any of the followng purposes: When prmarly for carryng on a busness or manufacturng operaton for the purpose of sale, exchange, processng or manufacture. Such term does not mean gradng or fllng ncdental to mprovement of the land. Fence means a structure (requrng a permt or revewed as part of a ste plan) that serves as an enclosure or screenng and shall be made of tradtonal materal and sold retal outlets. Floor area means the total enclosed floor area of a structure used for resdental purposes, wth the sum of the horzontal areas of each story of a buldng measured from the outsde faces of the exteror walls, excludng the floor area of unnhabtable basements, cellars, garages, accessory buldngs, attcs, breezeways and porches. For manufacturng, busness or commercal actvtes whch, n the case of the latter, ncludes customer facltes, showcase facltes, and sales facltes. Floor area, commercal, means the sum n gross square feet of the area of each floor level n a buldng as measured from exteror walls. Cellars, basements, mezzannes, penthouses, corrdors and lobbes that are wthn the prncpal outsde faces of exteror walls are ncluded, except archtectural setbacks or projectons. Included are all areas that have floor surfaces wth clear standng headroom (sx feet 6 nches mnmum) regardless of ther use, excludng unroofed areas, and unenclosed roofed over spaces, except those contaned wthn the prncpal outsde faces of the exteror walls. Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Facltes and servces means those facltes and servces that are normally accepted as necessary for urban lvng such as paved streets, publc and/ or prvate water supply and santary sewer dsposal, storm dranage system, schools, parks and playgrounds. Garage, attached means that part of a buldng that s used or ntended for use to store motor vehcles, household goods and equpment for a dwellng unt that s located wthn the buldng. An attached garage must share a roof wth the buldng that ncludes the dwellng unt. Ste Famly means one or two persons wth ther drect lneal ascendants and descendants and adopted or legally cared for chldren, and ncludng the domestc employees thereof, together wth not more than two persons not so related, lvng together n the whole or part of a dwellng comprsng a sngle housekeepng unt. Gasolne servce staton means buldng or lot, or portons thereof, used and lmted n functon to retal sale of gasolne, ol, grease, antfreeze, tres, batteres and automoble accessores, and such servces such as lubrcaton, washng, polshng and other mnor servcng to motor vehcles. Farmng means agrcultural actvty or the rasng of lvestock or small anmals as a source of ncome. Admn and 5/8/207 Texas Townshp Zonng Ordnance clearzonng 2-9

34 Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and Grade, average means the average level of the natural grade at fve (5) feet from the buldng wall, wth four or more corner ponts utlzed for determnng the average. GRADE, AVERAGE A D Buldng footprnt 5 5 Grade = 5 5 C Average Elevaton (A + B + C + D) 4 Sde B 5 ft Average Elevaton Lowest Elevaton Hghest Elevaton Average = (Hghest + Lowest) 2 (Compute average for all sdes) clearzonng Gross Vehcle Weght (GVW) means the weght assocated wth a vehcle fully loaded. Home occupaton means an occupaton customarly engaged n by resdents n ther own dwellng. (See secton ) Hosptal means any nsttuton, ncludng a santorum, whch mantans and operates facltes for overnght care and treatment of two or more nonrelated persons as patents sufferng mental or physcal alments, but not ncludng any dspensary or frst ad treatment facltes mantaned by a commercal or ndustral plant, educatonal nsttuton, convent, or a convalescent home, as prevously defned. B Hotel means a buldng that provdes temporary pad lodgng. Integrated Shoppng Center means a commercal, retal or offce development one store deep, that fronts or, n some cases, sdes on a street Intersecton means a place where two or more streets cross or meet. Junkyard means any land or buldng used for commercal, storage and/or sale of paper, rags, scrap metals, other scrap or dscardng materals, or for the dsmantlng, storage or salvagng of automobles or other vehcles not n runnng condton, or of machnery or parts thereof, but not to be used as a dump. Kennel means a faclty for the temporary overnght boardng of 3 or more domestc anmals, and may nclude exteror facltes for housng and/or exercse areas. A dog kennel s further regulated wth Mchgan Department of Agrcultural Regulaton Rule No. 29 as admnstered by Kalamazoo County Anmal Servces and Enforcement. Specal excepton use standards for kennels are n Land bankng means the method of desgnatng open space for future addtonal parkng to allow for flexblty n meetng changng parkng needs Lmted common elements means the porton(s) of the common elements reserved n the master deed of a condomnum project for the exclusve use of less than all the owners of condomnum unts n the project. Loadng space means an off-street space on the same lot wth a buldng or group of buldngs, for the temporary parkng of a commercal vehcle whle loadng and unloadng merchandse or materals. 2-0 Texas Townshp Zonng Ordnance clearzonng 5/8/207

35 Sde yard setback P L Interor lot Front yard Corner lot CORNER LOTS Sde yard setback Buldng Envelope Front setback C L Front yard LOT TYPES Double frontage lot clearzonng Corner lot Less than 35 Less than 35 clearzonng Lot means a parcel of unplatted land, a platted subdvson lot, or a unt n a condomnum subdvson. Lot area means the total horzontal area ncluded wthn the lot lne. Where the front lot lne s the centerlne of a street or les n part or n whole n the street area, the lot area shall not nclude that part of the lot n use or to be used as a street wth the excepton that n the A agrcultural dstrct, the lot area shall be the recorded metes and bounds area. Lot, corner means a lot where the nteror angle of two (2) adjacent sdes at the ntersecton of (2) streets s less than one hundred thrty-fve degrees. A lot abuttng upon a curved street or streets shall be consdered a corner lot for the purposes of ths chapter, f the arc s of less radus than one hundred ffty (50) feet and the tangents of the curve, at the (2) two ponts where the lot lnes meet the curve or the straght street lne extended, form an nteror angle of less than one hundred thrty-fve (35) degrees. Lot coverage means the cumulatve porton of the area of a lot normally expressed as a percentage, occuped by specfed buldngs, measured from the exteror walls. For example, a 50,000 SF lot n the R-2 dstrct may have a 0,000 sq. ft. maxmum prncpal buldng. The allowable accessory buldng lot coverage s a calculaton of 5% of the remanng sde and rear yard areas. Any accessory structure attached to the prncpal buldng greater than 2 tall must be ncluded n the calculaton of prncpal buldng lot coverage. Lot, depth of, means the average horzontal dstance between the front lot lne and the rear lot lne. Lot, double frontage means any nteror or lot havng frontage on two more or less parallel streets as dstngushed from a corner lot. In the case of a row of double frontage lots, all sdes of sad lots adjacent to streets shall be consdered frontage, and front yards shall be provde as requred. Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and 5/8/207 Texas Townshp Zonng Ordnance clearzonng 2-

36 Purpose and Introducton 2 Defntons Lot, front of, means the sde or sdes of an nteror or lot whch abuts a street; n a corner lot, the sde or sdes abuttng ether street wll be consdered as the front lot lne provded that the sde selected as the front has the requred mnmum lot frontage. Lot frontage means that porton of a lot extendng along a street lne. In odd-shaped or trangularshaped lots, the length of the frontage may be reduced to not less than one-half of any mnmum frontage requred n ths chapter and that the actual length of the street lne shall be not less than 50 feet. Moble home means a structure that s transportable n or more sectons, bult on a chasss, and desgned to be used as a dwellng, wth or wthout a permanent foundaton, when connected to the requred utltes, ncludes the plumbng, heatng, ar-condtonng, and electrcal systems contaned n the structure and comples wth HUD manufactured home constructon and safety standards. Nonconformng uses means the use of a buldng or of land lawfully exstng at the tme the ordnance from whch ths chapter derves became effectve but whch does not conform wth the present use regulatons of the dstrct n whch t s located. Zonng 3 Dstrcts Ste Admn and Lot, nteror, means a lot other than a corner lot. Lot of record means a lot establshed pror to August 7, 963, the effectve date of the Zonng Ordnance. Such lot s a buldable lot provded that buldng placement meets all dmensonal standards except mnmum lot area and lot frontage. If the boundary lnes of a lot of record are altered or modfed, the property s no longer a lot of record. Master deed means the legal document prepared and recorded pursuant to Act 59 of the Publc Acts of 978, as amended, wthn whch are, or to whch s attached as exhbts and ncorporated by reference, the approved by-laws for the project and the approved condomnum subdvson plan for the project. Master Plan, means a plan prepared and adopted by the Plannng Commsson n accordance wth the Mchgan Plannng Enablng Act, PA 33 of 2008, n order to satsfy the requrement of secton 203() of the Mchgan Zonng Enablng Act, 2006 PA 0, MCL Mezzanne, means an ntermedate level or levels between the floor and celng of any story wth an aggregate floor area of not more than one-thrd of the area of the room or space n whch the level or levels are located. Off-street parkng lot means a faclty provdng vehcular parkng spaces along wth adequate drve and asles, for maneuverng, so as to provde access for entrance and ext for the parkng of more than (2) vehcles Outdoor dsplay means the placement of products for retal sale outsde of the buldng on a seasonal bass. Such use may requre a specal use permt and wll requre that an area be specfed for such outdoor dsplay on an approved ste plan. Parkng space, vehcle, means an area of defnte length and wdth, sad area shall be exclusve of drves, asles or entrances gvng access thereto and shall be fully accessble for the storage or parkng of permtted vehcles. Planned unt development, means and may nclude such concepts as resdental cluster development, planned unt resdental development, and smlar termnology. It s based upon zonng requrements desgned to accomplsh the objectves of ths chapter, a land development project revew process ncludng the applcaton of ste plannng crtera to acheve ntegraton of the proposed land development project wth the characterstcs of the surroundng area. 2-2 Texas Townshp Zonng Ordnance clearzonng 5/8/207

37 Prncpal buldng means the buldng n whch the prncpal use of the property s conducted. Parcels wth multple prncpal uses may have multple prncpal buldngs, but storage buldngs, garages and other clearly subordnate, customary and ncdental accessory buldngs are not prncpal buldngs. Professonal offce means rooms or buldngs used for offce purposes by members of any recognzed professon, ncludng doctors, dentsts, lawyers, accountants, engneers, archtects, etc., but not ncludng medcal or dental clncs. Recreatonal unt means any non-shelter type of vehcle and such related equpment not ntended to be drven on publc roadways wthout beng attached to a traler, such as snowmobles, allterran vehcles (ATV), off-road vehcles (ORV), boats and jet sks, or smlar vehcles and ther assocated tralers. Such unts are desgned and ntended to be utlzed on snow, sand, water or other natural terran. Recreatonal vehcle means any vehcle utlzed for recreatonal purposes and that may be drven on publc roadways, such as for travel between destnatons and used as temporary lvng quarters. Such vehcles shall nclude those vehcles wth ther own motor power, such as motor homes, or those mounted or attached to another passenger vehcle, such as pckup campers, camper tralers, pop-up tent tralers or smlar shelter type vehcles. Research & Related s means uses charged wth the prncpal functon of basc research, desgn and expermental product development, ncludng the followng: scentfc or medcal laboratores, engneerng, testng or desgn facltes or appled research facltes; and the producton of prototypcal products as may be necessary for research and development operatons. Resdental care facltes means homes or care facltes provdng care servces on a part-tme or full-tme bass. Such uses are establshed as permtted or specal excepton uses based upon ther compatblty wth uses n those ndvdual zonng dstrcts and state lcensng requrements as follows:. Famly day care homes: Includes chld day care and adult day care for sx or fewer ndvduals wthn a resdental settng. Such use s consdered a permtted use n any dstrct that permts sngle-famly dwellngs, subject to defnton and state lcensng requrements. No nonresdent employees are permtted and such use shall operate less than 2 hours per day. 2. Famly adult foster care homes: Includes adult foster care for wthn a resdental settng. Such use s consdered a prncpal permtted use when there are 6 or fewer resdents n any resdental dstrct that permts sngle-famly dwellngs, subject to state lcensng requrements. Such use s consdered a specal excepton use when there are 7 or more resdents n any resdental dstrct that permts sngle-famly dwellngs, n addton to state lcensng requrements. 3. Group day care homes: Includes group chld day care and group adult day care for between seven and 2 ndvduals wthn a resdental settng. Such use shall be establshed as a specal excepton use. A resdent employee s requred and no more than one nonresdent employee s permtted. Such use shall operate less than 24 hours per day. 4. Lmted resdental care facltes: Includes all other day care or foster care facltes for up to 25 ndvduals, subject to state lcensng requrements. Ths may nclude nursng homes, asssted lvng facltes and senor housng for up to 25 people. It s antcpated that these facltes would operate 24 hours per day and would nclude nonresdent employees. 5. Full resdental care facltes: Includes commercal day care centers, nursng homes, asssted lvng facltes or other congregate care and/or senor housng facltes. Such use shall be consdered a commercal use and nclude part-tme and full-tme staff and/or access to medcal staff. Ths defnton shall nclude and regulate unlcensed resdental facltes and those lcensed by the state. It does not nclude facltes provdng treatment, such as substance abuse, or rehabltaton, such as halfway houses, or other uses regulated by the department of correctons. Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and 5/8/207 Texas Townshp Zonng Ordnance clearzonng 2-3

38 Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Retal uses means generally recognzed retal busnesses whch supply commodtes on the premses, such as groceres, meats, dary products, baked goods or other foods, drugs, dry goods, clothng and notons, or hardware. Rght-of-Way, means a rght-of-way or easement whch has been establshed for purposes of access, whether for vehcular or non-motorzed use. A publc road rght-of way may be prmary or secondary and are generally 66-feet n wdth. Where such prmary road s ntended to support future development, a preserved rght-of-way of loo-feet n wdth may be utlzed for purposes of buldng setbacks or parkng areas. The last 7-feet of wdth on each sde of the expanded rght-of-way may be utlzed for sdewalks or sgns where permtted. RIGHT-OF-WAY (COUNTY PRIMARY ROAD) Preserved Rght-of-Way 7 ft. clearzonng Standard Rght of Way 66 ft. Preserved Rght-of-Way 7 ft. Shelter, fallout, means a structure or porton of a structure ntended to provde protecton to human lfe durng perods of danger to human lfe from nuclear fallout, ar rads, storms, or other emergences. Fallout shelters constructed completely below the ground level, except for a vent not exceedng 30 nches n heght above ground level, may be contaned wthn any yard area. Shoppng center means a group of fve or more commercal establshments planned, developed and managed as a unt, wth off-street parkng provded on the same property and related n locaton, sze and type of shops n the center. Sgn s an advertsement, dsplay, devce, wrtten and/or projected message, placard or smlar devce ntended or used to advertse, nform or drect attenton to an object, product, place, actvty, person, nsttuton, organzaton, busness or ndustry, and/or concept.. Freestandng sgn means a sgn attached to a permanent foundaton or decoratve base and not attached or dependent for support from any buldng. 2. Hghway dentfcaton sgn means a freestandng sgn wthn a specfed dstance of an nterstate hghway that dentfes uses n the C4 and EBT dstrcts. 3. Menu boards are accessory sgns specfc to a drve use. 4. Message center sgns are sgns that nclude electronc changeable content or changeable letters. 5. Portable sgn means any sgn that s desgned to be transported, ncludng but not lmted to sgns wth wheels removed; wth chasss or support constructed wthout wheels; desgned to be transported by traler or wheels; converted to A- or T-frame sgns; attached temporarly or permanently to the ground, a structure or other sgns; mounted on a vehcle for advertsng purposes, parked and vsble from the publc rght-of-way, except sgns dentfyng the related busness when the vehcle s beng used n the normal day to day operatons of the busness; searchlght stands; and ar or gas-flled balloons or umbrellas used for advertsng. Ste Admn and Road, prvate means a prvate rght-of-way or easement approved by the townshp as part of a PUD dstrct, OSP project or ste condomnum development. Prvate roads shall adhere to the mnmum road constructon standards establshed by the Kalamazoo County Road Commsson, except desgn and layout requrements. Servce uses, personal means uses whch perform servces on the premses, ncludng but not lmted to shops for the repar of watches, rados, televsons and shoes, talor shops, photographc studos, barber shops and beauty salons. Setback means the mnmum requred dstance to acheve front, sde or rear yard open space provsons of ths chapter. 2-4 Texas Townshp Zonng Ordnance clearzonng 5/8/207

39 6. Wall sgn means a sgn attached to, or placed flat aganst the exteror wall or surface of any buldng, no porton of whch projects more than 2 nches from the wall, and may not project above the roof or parapet lne. 7. Wndow sgns are sgns nstalled nsde or on a wndow and ntended to be vewed from outsde the buldng. Wndow sgns area s calculated separately from wall sgns. Ste condomnum development means A condomnum project n whch some or all of the condomnum unts are buldng stes. Story means that porton of a buldng (excludng a basement) ncluded between the surface of any floor and the surface of the next floor above t. If there s no floor above the floor, the space between the floor and the celng next above t shall be ncluded as a story. STORY Unfnshed attc Purpose and Introducton 2 Defntons Sold waste transfer faclty means a tract of land, buldng, unt, or appurtenance of a buldng or unt or combnaton of land, buldngs, and unts that s used or ntended for use n the rehandlng or storage of sold waste ncdental to the transportaton of the sold waste. A sold waste transfer faclty does not nclude a tract of land or the contaners on the land, f the contaners have a volume of ten cubc yards or less, and does not nclude a tract of land and the contaners on the land f the contaners have a volume of 65 cubc yards or less, and are used only for the storage of sold waste generated on or near the ste and ncdental to the transportaton of the sold waste. Mezzanne* 2nd Story st Story Basement* * Refer to defnton Zonng 3 Dstrcts clearzonng Specal excepton means the grantng to a pettoner, by the Plannng Commson, certan uses of land and/or buldngs, because of ther partcular nature and due to certan crcumstances, to become establshed as provded n ths chapter. (See Secton ) Specal excepton uses means uses of land and/or buldngs, because of ther partcular nature and due to certan crcumstances are desgnated as exceptons, and may be permtted to become establshed wthn those dstrcts as specfed n ths chapter. (See Secton ) Storage, Temporary means the use of a structure placed wthn a resdental front yard and not deemed an accessory buldng or structure, lmted to locaton on an mproved surface, such as a drveway, and subject to removal wthn a maxmum of 90 days. Such storage shall be for purposes of storage of personal belongngs or constructon materals as part of a buldng renovaton or for relocaton purposes. It shall be lmted n sze to an area 0 x 20. Structure means anythng constructed, assembled or erected, the use of whch requres locaton on the ground or attachment to somethng on the ground or attachment to somethng havng locaton on or n the ground, and shall nclude fences, tanks, towers, advertsng devces, bns, tents, lunch wagons, tralers, dnng cars, camp cars or smlar structures on wheels, or other supports used for busness or lvng purposes. The term structure shall not apply to wres and ther supportng poles or frames of electrcal or telephone utltes, or to servce utltes entrely below the ground. Ste Admn and 5/8/207 Texas Townshp Zonng Ordnance clearzonng 2-5

40 Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and Telecommuncatons Tower means any structure that s desgned and constructed prmarly for the purpose of supportng one or more antennas for telephone, rado and smlar communcaton purposes, ncludng self-supportng lattce towers, guyed towers, or monopole towers. The term ncludes rado and televson transmsson towers, mcrowave towers, common carrer towers, cellular telephone towers, alternatve tower structures, and the lke. The term "tower" ncludes the structure and any support thereto.. Alternatve tower structure means manmade trees, clock towers, steeples, lght poles and smlar alternatve-desgn mountng structures that camouflage or mnmze the presence of antennas or towers. 2. Backhaul network means the lnes that connect a provder's towers/cell stes to one or more cellular telephone swtchng offces, and/ or long dstance provders, or the publc swtched telephone network. 3. Antenna means any exteror transmttng or recevng devce mounted on a tower, buldng or structure and used n communcatons that radate or capture electromagnetc waves, dgtal sgnals, analog sgnals, rado frequences (excludng radar sgnals), wreless telecommuncatons sgnals or other communcaton sgnals. 4. Heght means, when referrng to a tower or structure, the dstance measured from the fnshed grade to the hghest pont on the tower or other structure, ncludng the base pad and any antenna. Underlyng zonng means the zonng classfcatons and regulatons applcable to the property mmedately precedng the grant of an applcaton to establsh an overlay zonng dstrct. Undeveloped state means a natural state preservng natural resources, natural features, or scenc or wooded condtons; agrcultural use; open space; or a smlar use or condton. Land n an undeveloped state does not nclude a golf course but may nclude a recreatonal tral, pcnc area, chldren's play area, greenway, or lnear park. Land n an undeveloped state may be, but s not requred to be, dedcated to use of the publc. means the prncpal purpose for whch a lot or the man buldng thereon s desgned, arranged, or ntended and for whch t s, or may be used, occuped or mantaned. Vehcle chargng space means provson for electrc vehcle recharge parkng spaces to be counted as part of the normal parkng space count and the parkng requrements that would be assocated wth a ste plan. Vehcle repar, major means any actvty nvolvng the general repar, rebuldng or recondtonng of motor vehcles, engnes or tralers; collson servce, such as body, frame or fender straghtenng and repar; overall pantng and vehcle rust-proofng; or steam cleanng. Vehcle repar, mnor means any actvty nvolvng mnor repar and mantenance of passenger vehcles and lght trucks and vans, not to exceed 8,000 pounds gross vehcle weght, ncludng, but not lmted to vehcle detalng, ol change establshments, audo or cellular nstallaton, and auto glass nstallaton and repar. Vehcle fuel staton means a buldng and surfaced area where automotve vehcles may be refueled. Vehcle wash establshment means a buldng, or porton of a buldng, the prmary purpose of whch s washng motor vehcles. Veternary clnc means a faclty for the care of anmals n an offce or retal settng, wth mnmal overnght stays and hours of operaton lmted to tradtonal offce/clnc hours. 2-6 Texas Townshp Zonng Ordnance clearzonng 5/8/207

41 Wnd energy converson system means a system whch converts wnd energy nto electrcty the use of a wnd turbne generator and ncludes the turbne, blades, and tower as well as related equpment. A "small turbne/on-ste" system s ntended to prmarly serve the needs of the customer, wth a sngle tower that that may, or may not, be connected to the utlty grd. A "large turbne/utlty grd system" s desgned to generate electrcty from one or more towers (wthn an array) and s ntended to serve nsttutons, resdental communtes or larger cooperatves. Yard means open space on the same lot wth a buldng or group of buldngs, lyng between the buldng and the nearest lot or street lne, or body of water abuttng the lot, and unoccuped and unobstructed from the ground upward, except for plants, trees, shrubs, or fences. Sde lot lne YARDS: FRONT, REAR, SIDE Sde yard Rear lot lne Rear yard Front yard Front lot lne Sde yard Sde lot lne Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Yard, front, means open space extendng across the full wdth of lot between the front lot lne or the proposed front street lne and the nearest lne of the buldng or porton thereof. The depth of such yard shall be the shortest horzontal dstance between the front lot lne or proposed front street lne and the nearest pont of the buldng or any porton thereof. For setbacks requred on lots abuttng lakes or other bodes of water, see secton Yard Sale means a sale n any garage, basement, and/or yard operatng 4 days or less n any sngle 3 month perod. Zone. See "Dstrct." clearzonng Yard, rear, means open space extendng across the full wdth of lot between the rear lne of the lot and the nearest lne of the buldng, porch or projecton thereof. The depth of such yard s the average horzontal dstance between the rear lot lne and the nearest pont or the buldng. For corner lots, the rear yard may be opposte ether street frontage. For setbacks requred on lots abuttng lakes or other bodes of water, see secton Yard, sde, means open space between sde lot lne, the sde street lne, or the proposed sde street lne, f such lne falls wthn the lot, and the nearest lne of the buldng, porch, or projecton thereof, extendng from the front yard to the rear yard, or, n the absence of ether of such yards, to the front lot lne or rear lot lne. Ths wdth of a sde yard shall be the shortest dstance between the sde lot lne and the nearest pont of the buldng, porch or projecton thereof. For setbacks requred on lots abuttng lakes or other bodes of water, see secton Ste Admn and 5/8/207 Texas Townshp Zonng Ordnance clearzonng 2-7

42 2 Defntons Purpose and Introducton (Intentonally Blank) Admn and Ste Zonng 3 Dstrcts 2-8 Texas Townshp Zonng Ordnance clearzonng

43 Purpose and Introducton Chapter 36 2 Defntons Artcle 3.0 Zonng Dstrcts Zonng 3 Dstrcts Ste Admn and Texas Townshp Zonng Ordnance clearzonng 3-

44 Purpose and Introducton Chapter 36 Artcle 3.0 Zonng Dstrcts 2 Defntons Zonng 3 Dstrcts Dstrcts Establshed Boundares EBT Educaton, Busness & Technology Notes to Dstrct Standards General Exceptons Dstances between Buldngs n the R-4 & R-5 Dstrcts Lmtatons on Heght Admn and Ste 3-2 Texas Townshp Zonng Ordnance clearzonng

45 36-3. DISTRICTS ESTABLISHED Zonng Dstrcts For the purpose of ths Ordnance, the Townshp of Texas s hereby dvded nto the followng dstrcts:. A Agrcultural Dstrct 2. R-A Resdental Dstrct, Sngle Famly 3. R- Resdental Dstrct, Sngle Famly 4. R-2 Resdental Dstrct, Sngle Famly 5. R-3 Resdental Dstrct, Sngle & Two Famly 6. R-4 Resdental Dstrct, Multple Famly 7. R-5 Resdental Dstrct, Hgh Densty, Multple Famly 8. R-6 Moble Home Park Dstrct 9. O- Offce Servce Dstrct 0. C- Commercal Dstrct, Local. C-2 Commercal Dstrct, General 2. C-3 Commercal Dstrct, Shoppng Center 3. C-4 Commercal Dstrct, Hghway 4. I- Industral Dstrct Dgtal r Note: Clck on a dstrct headng to go drectly to the correspondng dstrct regulatons. Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste 5. Reserved for Future Expanson 6. Reserved for Future Expanson 7. EBT Educatonal & Busness Technology Dstrct 8. CBD Corners Busness Dstrct 9. Reserved for Future Expanson 20. OSP Open Space Preservaton Overlay Dstrct 2. RC Resource Conservaton Admn and 5/8/207 Texas Townshp Zonng Ordnance clearzonng 3-3

46 Purpose and Introducton A. INTENT A Agrcultural 2 Defntons The A agrculture dstrct s composed of certan land n outlyng areas presently of rural character. The A agrcultural dstrct s zoned for agrcultural use wth the ntent that agrculture wll be the prncpal land use wthn the foreseeable future. The regulatons for the A agrculture dstrct are desgned to stablze and protect the essental characterstcs of the dstrct wthout unduly restrctng ts use solely to that of an agrcultural nature. To these ends, development n the A agrculture dstrct s lmted to a low concentraton and to those uses whch would not be detrmental to future development. r Note: For uses lsted n bold blue, refer to Artcle 4, or clck on use, for use-specfc standards B. PRINCIPAL PERMITTED USES C. SPECIAL EXCEPTIONS Zonng 3 Dstrcts Ste. Sngle-famly dwellng v. Any farm or agrcultural actvtes ncludng stock nurseres, anmal and lvestock rasng The sale of farm or dary produce whch has been rased on the farm from whch t s to be sold Famly day care homes v. Class A Home occupatons v. Places of worshp v. Accessory uses or buldngs v. Sgns Cemeteres Parochal and prvate schools Chld care centers or day care centers wthn places of worshp, parochal or prvate schools v. Eleemosynary, chartable and phlanthropc nsttutons v. Golf courses v. Prvate noncommercal clubs v. Publc utlty buldngs and structures necessary for the servce of the communty v. Publcly owned and operated buldngs and uses ncludng communty buldngs and publc parks, playgrounds, other recreatonal areas and hosptals ( ), clncs and nursng homes x. Class B Home occupatons x. Rdng stables x. Prvate arfelds or arcraft landng strps x. Earth removal, mnng and processng operatons x. Wnd energy converson systems xv. Famly adult foster care home xv. Group day care home xv. Telecommuncaton Towers & Antennas xv. Planned Unt Admn and xv. Bed and Breakfast Texas Townshp Zonng Ordnance clearzonng 5/8/207

47 D. DEVELOPMENT STANDARDS Lot Sze Mnmum lot area : Mnmum lot frontage : A Agrcultural 3.0 acres* 200 ft Lot Coverage Maxmum lot coverage: Prncpal buldngs: 0% Accessory buldngs: 5% of rear or sde yard Front yard accessory buldngs: See Secton Setbacks Mnmum front yard setback: Mnmum rear yard setback: Accessory buldngs: Mnmum sde yard setback: Accessory buldngs: Buldng Heght Maxmum buldng heght: Accessory buldngs: 75 ft 50 ft 20 ft 20 ft 2 ft 35 ft 20 ft 2 Mn 20 Mn. 20 Mn. Accessory Buldng Envelope Buldng Envelope 200 Mn Mn. 2 Mn. 20 Mn. Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Floor Area Mnmum floor area per dwellng : Sngle Famly, story,000 sq ft Sngle Famly, 2+ stores 800 sq ft (frst floor),200 sq ft (total) NOTES For addtons to the above requrements, refer to Secton Notes to Dstrct Standards: A, B, C, E, G See Selected References below for applcablty * Non-Conformng A-Agrcultural parcels or lots means the development of land lawfully exstng on the date of May, Ordnance 32 became effectve but whch does not conform to the present sze regulatons of the A- Agrcultural dstrct n whch t s located. Lots created before the adopton of newly created mnmum sze requrements wll be buldable f they meet standards for setbacks and lot coverage. SELECTED REFERENCES 3. Zonng Dstrcts General Exceptons Standards Sngle Famly Dwellngs Home Occupatons Places of worshp Telecommuncaton Towers and Antennas P L 5. Ste Standards Sgns Stub Roads and Cul-de Sacs Accessory Buldngs Procedures Ste Plan Revew Specal Excepton Standards C L How do I calculate heght? 75 Mn. The above drawngs are not to scale. Other Ordnances clearzonng 35 ft clearzonng Ste Admn and 5/8/207 Texas Townshp Zonng Ordnance clearzonng 3-5

48 Purpose and Introducton 2 Defntons R- Resdental Dstrct, Sngle Famly A. INTENT The R- resdental dstrct, sngle-famly, s composed of certan land n outlyng areas presently of a rural character where low densty sngle-famly resdental development has occurred, or appears lkely to occur. The regulatons for the R- dstrct are desgned to protect and stablze the essental characterstcs of these areas and to promote and encourage a sutable and safe envronment for famly lfe. To these ends, development n the R- dstrct s restrcted to low densty sngle-famly resdental use consstent wth lmted rural type facltes and servces r Note: For uses lsted n bold blue, refer to Artcle 4, or clck on use, for use-specfc standards B. PRINCIPAL PERMITTED USES C. SPECIAL EXCEPTION USES Sngle-famly dwellng. Cemeteres Zonng 3 Dstrcts. Reserved for future expanson. Famly day care homes v. Places of worshp v. Class A Home occupatons v. Accessory uses or buldngs Parochal and prvate schools Chld care centers or day care centers wthn places of worshp, parochal or prvate schools v. Eleemosynary, chartable and phlanthropc nsttutons v. Sgns v. Golf courses Ste v. Prvate noncommercal clubs v. Publc utlty buldngs and structures necessary for the servce of the communty v. Publcly owned and operated buldngs and uses ncludng communty buldngs and publc parks, playgrounds, other recreatonal areas and hosptals ( ), clncs and nursng homes x. Class B Home occupatons x. Reserved for future expanson x. Wnd energy converson systems x. Famly adult foster care home x. Group day care home xv. Planned Unt xv. Bed and Breakfast Admn and 3-6 Texas Townshp Zonng Ordnance clearzonng 5/8/207

49 R- Resdental Dstrct, Sngle Famly D. DEVELOPMENT STANDARDS Lot Sze Mnmum lot area : Mnmum lot frontage :.5 acres 200 ft Lot Coverage Maxmum lot coverage: Prncpal buldngs: 5% Accessory buldngs: 0% of rear or sde yard Front yard accessory buldngs: See Secton Setbacks Mnmum front yard setback: Mnmum rear yard setback: Accessory buldngs: Mnmum sde yard setback: Buldng Heght Maxmum buldng heght: Accessory buldngs: 40 ft 40 ft 20 ft 2 ft 35 ft 20 ft Floor Area Mnmum floor area per dwellng : Sngle Famly, story,200 sq ft Sngle Famly, 2+ stores,000 sq ft (frst floor),500 sq ft (total) 20 Mn. P L Accessory Buldng Envelope 2 Mn. C L Buldng Envelope 200 Mn. 40 Mn Mn. 2 Mn. clearzonng Purpose and Introducton 2 Defntons Zonng 3 Dstrcts NOTES For addtons to the above requrements, refer to Secton Notes to Dstrct Standards: A, B, C, E, G See Selected References below for applcablty How do I calculate heght? 35 ft Ste SELECTED REFERENCES 3. Zonng Dstrcts General Exceptons Standards Sngle Famly Dwellngs Home Occupatons Places of worshp Ste Standards Sgns Stub Roads and Cul-de Sacs Accessory Buldngs Procedures Ste Plan Revew Specal Excepton Standards The above drawngs are not to scale. Other Ordnances clearzonng Admn and 5/8/207 Texas Townshp Zonng Ordnance clearzonng 3-7

50 Purpose and Introducton 2 Defntons R-A Resdental Dstrct, Sngle Famly A. INTENT The R-A resdental dstrct s ntended to provde for tradtonal sngle-famly detached housng development n areas where publc utltes are now n place or may be extended n the future. The densty of the development permtted shall be based upon the presence of both muncpal water and wastewater facltes at the tme of applcaton. Surroundng uses of land shall also be compatble wth more ntensve development than provded for wthn the R- dstrct. Property zoned R-A s ntended to be located adjacent to property zoned R-2 or R- but not adjacent to property zoned A, because of the ncompatblty of the types and densty of uses n R-A and A. r Note: For uses lsted n bold blue, refer to Artcle 4, or clck on use, for use-specfc standards B. PRINCIPAL PERMITTED USES C. SPECIAL EXCEPTION USES Sngle-famly dwellng. Cemeteres Zonng 3 Dstrcts. Reserved for future expanson. Famly day care homes v. Places of worshp v. Class A Home occupatons v. Accessory uses or buldngs Parochal and prvate schools Chld care centers or day care centers wthn places of worshp, parochal or prvate schools v. Eleemosynary, chartable and phlanthropc nsttutons v. Sgns v. Golf courses Ste v. Prvate noncommercal clubs v. Publc utlty buldngs and structures necessary for the servce of the communty v. Publcly owned and operated buldngs and uses ncludng communty buldngs and publc parks, playgrounds, other recreatonal areas and hosptals ( ), clncs and nursng homes x. Class B Home occupatons x. Reserved for future expanson x. Wnd energy converson systems x. Famly adult foster care home x. Group day care home xv. Planned Unt xv. Bed and Breakfast Admn and 3-8 Texas Townshp Zonng Ordnance clearzonng 5/8/207

51 R-A Resdental Dstrct, Sngle Famly D. DEVELOPMENT STANDARDS Lot Sze Mnmum lot area : Wth publc water & sewer W/O publc water & sewer Mnmum lot frontage : Wth publc water & sewer W/O publc water & sewer 29,000 sq ft acre 32 ft 65 ft Lot Coverage Maxmum lot coverage: Prncpal buldngs: 5% Accessory buldngs: 0% of rear or sde yard Front yard accessory buldngs: See Secton Setbacks Mnmum front yard setback: Mnmum rear yard setback: Accessory buldngs: Mnmum sde yard setback: Buldng Heght Maxmum buldng heght: Accessory buldngs: 40 ft 40 ft 5 ft 2 ft 35 ft 20 ft Floor Area Mnmum floor area per one-famly dwellng : Wth publc water & sewer,000 sq ft W/O publc water & sewer,200 sq ft 2+ stores,000 sq ft (frst floor) NOTES For addtons to the above requrements, refer to Secton Notes to Dstrct Standards: A, B, E See Selected References below for applcablty SELECTED REFERENCES 3. Zonng Dstrcts General Exceptons Standards Sngle Famly Dwellngs Home Occupatons Places of worshp Ste Standards Sgns Stub Roads and Cul-de Sacs Accessory Buldngs Procedures Ste Plan Revew Specal Excepton Standards Mn. 40 Mn. Accessory Buldng Envelope 2 Mn. P L C L 40 Mn. How do I calculate heght? Buldng Envelope 65 Mn. wthout Publc Water and Sewer The above drawngs are not to scale. Other Ordnances Mn. clearzonng 35 ft. clearzonng Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and 5/8/207 Texas Townshp Zonng Ordnance clearzonng 3-9

52 Purpose and Introducton 2 Defntons R-2 Resdental Dstrct, Sngle Famly A. INTENT The R-2 resdental dstrct, sngle-famly, s composed of medum densty sngle-famly resdental areas n the townshp where medum densty sngle-famly resdental development has occurred, or appears lkely to occur. The regulatons for the R-2 dstrct are desgned to protect and stablze the essental characterstcs of these areas and to promote and encourage a sutable and safe envronment for famly lfe. To these ends, development n the R-2 dstrct s restrcted to medum densty sngle-famly resdental use, where adequate facltes and servces wll be provded. r Note: For uses lsted n bold blue, refer to Artcle 4, or clck on use, for use-specfc standards B. PRINCIPAL PERMITTED USES C. SPECIAL EXCEPTION USES Sngle-famly dwellng. Cemeteres Zonng 3 Dstrcts. Reserved for future expanson. Famly day care homes v. Class A Home occupatons v. Places of worshp v. Accessory uses or buldngs Parochal and prvate schools Chld care centers or day care centers wthn places of worshp, parochal or prvate schools v. Eleemosynary, chartable and phlanthropc nsttutons v. Sgns v. Golf courses Ste v. Prvate noncommercal clubs v. Publc utlty buldngs and structures necessary for the servce of the communty v. Publcly owned and operated buldngs and uses ncludng communty buldngs and publc parks, playgrounds, other recreatonal areas and hosptals ( ), clncs and nursng homes x. Class B Home occupatons x. Reserved for future expanson x. Wnd energy converson systems x. Famly adult foster care home x. Group day care home xv. Hosptal ( ) or medcal clnc ( ), excludng anmal hosptals xv. Planned Unt xv. Bed and Breakfast Admn and 3-0 Texas Townshp Zonng Ordnance clearzonng 5/8/207

53 R-2 Resdental Dstrct, Sngle Famly D. DEVELOPMENT STANDARDS Lot Sze Mnmum lot area Any lot, unt or parcel served by sewer, excludng frontage onto county prmary roads: All other parcels: Mnmum lot frontage : Any lot, unt or parcel served by sewer, excludng frontage onto county prmary roads: All other parcels: 4,500 sq ft 35, 800 sq ft 0 ft 65 ft Lot Coverage Maxmum lot coverage: Prncpal buldngs: 20% Accessory buldngs: 5% of rear or sde yard Front yard accessory buldngs: See Secton Setbacks Mnmum front yard setback: Mnmum rear yard setback: Accessory buldngs: Mnmum sde yard setback: Buldng Heght Maxmum buldng heght: Accessory buldngs: Floor Area Mnmum floor area per dwellng : Sngle Famly, story Sngle Famly, 2+ stores 40 ft 35 ft 5 ft 2 ft 35 ft 20 ft,200 sq ft,000 sq ft (frst floor),500 sq ft (total) NOTES For addtons to the above requrements, refer to Secton Notes to Dstrct Standards: A, B, C, D, E, G See Selected References below for applcablty See regulatons for lake lot setbacks under Secton and for rparan regulatons under Secton SELECTED REFERENCES 3. Zonng Dstrcts General Exceptons Standards Sngle Famly Dwellngs Home Occupatons Places of worshp Mn. P L 5. Ste Standards Sgns Stub Roads and Cul-de Sacs Accessory Buldngs Procedures Ste Plan Revew Specal Excepton Standards Mn. Accessory Buldng Envelope C L 40 Mn. How do I calculate heght? Buldng Envelope 0 Mn. The above drawngs are not to scale Mn. 2 clearzonng 35 ft clearzonng Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and 5/8/207 Texas Townshp Zonng Ordnance clearzonng 3-

54 Purpose and Introducton 2 Defntons R-3 Resdental Dstrct, Sngle & Two Famly A. INTENT The R-3 resdental dstrct, sngle- and two-famly, s composed of hgher densty sngle- and two-famly resdental areas n the townshp where hgh densty sngle-famly or two-famly resdental development has occurred, or appears lkely to occur. The regulatons for the R-3 dstrct are desgned to protect and stablze the essental characterstcs of these areas and to promote and encourage a sutable and safe envronment for famly lfe. To these ends, development s restrcted to hgher densty sngle-famly and two-famly resdental use where adequate facltes and servces wll be provded. r Note: For uses lsted n bold blue, refer to Artcle 4, or clck on use, for use-specfc standards B. PRINCIPAL PERMITTED USES C. SPECIAL EXCEPTION USES Sngle-famly dwellng. Cemeteres Zonng 3 Dstrcts. Two-famly dwellng. Famly day care homes v. Class A Home occupatons v. Places of worshp v. Accessory uses or buldngs. Parochal and prvate schools v. Chld care centers or day care centers wthn places of worshp, parochal or prvate schools Eleemosynary, chartable and phlanthropc nsttutons v. Sgns v. Golf courses Ste v. Prvate noncommercal clubs v. Publc utlty buldngs and structures necessary for the servce of the communty v. Publcly owned and operated buldngs and uses ncludng communty buldngs and publc parks, playgrounds, other recreatonal areas and hosptals ( ), clncs and nursng homes x. Class B Home occupatons x. Reserved for future expanson x. Wnd energy converson systems x. Famly adult foster care home x. Group day care home xv. Hosptal ( ) or medcal clnc ( ), excludng anmal hosptals xv. Planned Unt Admn and 3-2 Texas Townshp Zonng Ordnance clearzonng 9/30/206

55 R-3 Resdental Dstrct, Sngle & Two Famly D. DEVELOPMENT STANDARDS Lot Sze Mnmum lot area Sngle Famly Two Famly Mnmum lot frontage : 4,500 sq ft 0,895 sq ft 0 ft Lot Coverage Maxmum lot coverage: Prncpal buldngs: 25% Accessory buldngs: 20% of rear or sde yard Setbacks Mnmum front yard setback: Mnmum rear yard setback: Accessory buldngs: Mnmum sde yard setback: Accessory buldngs: 40 ft 30 ft 5 ft 0 ft 5 ft 0 Mn. 5 Mn. Accessory Buldng Envelope 30 Mn. Buldng Envelope 0 Mn. 40 Mn Mn. Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Buldng Heght Maxmum buldng heght: Accessory buldngs: 35 ft 20 ft Floor Area Mnmum floor area per dwellng unt : Sngle Famly, story,200 sq ft Sngle Famly, 2+ stores,000 sq ft (frst floor),500 sq ft (total) Two Famly 960 sq ft (per unt) NOTES For addtons to the above requrements, refer to Secton Notes to Dstrct Standards: A, B, C, D, E, G See Selected References below for applcablty P L C L How do I calculate heght? clearzonng 35 ft Ste SELECTED REFERENCES. Zonng Dstrcts General Exceptons Standards Sngle Famly Dwellngs Home Occupatons Places of worshp Ste Standards Sgns Stub Roads and Cul-de Sacs Accessory Buldngs Procedures Ste Plan Revew Specal Excepton Standards The above drawngs are not to scale. Other Ordnances clearzonng Admn and 5/8/207 Texas Townshp Zonng Ordnance clearzonng 3-3

56 Purpose and Introducton 2 Defntons R-4 Resdental Dstrct, Multple Famly A. INTENT The R-4 resdental dstrct, multple-famly, s composed of certan areas wthn the townshp where multplefamly resdental development has occurred, or appears desrable to occur. The regulatons for the R-4 dstrct are desgned to protect and stablze the essental characterstcs of these areas, and to promote and encourage a sutable and safe envronment for famly lfe. To these ends, development n the R-4 dstrct s restrcted to multple-famly resdental use where adequate publc facltes and servces wll be provded r Note: For uses lsted n bold blue, refer to Artcle 4, or clck on use, for use-specfc standards B. PRINCIPAL PERMITTED USES C. SPECIAL EXCEPTION USES Two-famly dwellng. Cemeteres Zonng 3 Dstrcts Ste. Apartment houses, boardnghouses, garden apartment development and related accessory structures. Busness offces n an apartment buldng for conductng busness ncdental to the rental, operaton, servce and mantenance of the apartment buldng, or buldngs v. Accessory uses or buldngs v. Famly day care homes and group day care homes v. Class A Home occupatons v. Places of worshp v. Sgns Parochal and prvate schools Chld care centers or day care centers wthn places of worshp, parochal or prvate schools v. Eleemosynary, chartable and phlanthropc nsttutons v. Golf courses v. Prvate noncommercal clubs v. Publc utlty buldngs and structures necessary for the servce of the communty v. Publcly owned and operated buldngs and uses ncludng communty buldngs and publc parks, playgrounds, other recreatonal areas and hosptals ( ), clncs and nursng homes x. Class B Home occupatons x. Reserved for future expanson x. Wnd energy converson systems x. Famly adult foster care home x. Hosptal ( ) or medcal clnc ( ), excludng anmal hosptals xv. Lmted resdental care facltes xv. Planned Unt Admn and 3-4 Texas Townshp Zonng Ordnance clearzonng 9/30/206

57 R-4 Resdental Dstrct, Multple Famly D. DEVELOPMENT STANDARDS Lot Sze Mnmum lot area : Two Famly: Multple Famly Mnmum lot frontage : Two Famly: Multple Famly: 0,895 sq ft 8,76 sq ft 80 ft 00 ft Lot Coverage Maxmum lot coverage: 30% Accessory buldngs: 25% Setbacks Mnmum front yard setback: Mnmum rear yard setback: Accessory buldngs: Mnmum sde yard setback: Accessory buldngs: Mnmum dstance between buldngs: Buldng Heght Maxmum buldng heght: Accessory buldngs: 40 ft 30 ft 5 ft 0 ft 5 ft Vares (refer to Secton ) 50 ft 20 ft Floor Area Mnmum floor area per dwellng unt : Two Famly: 960 sq ft Multple Famly: 768 sq ft NOTES For addtons to the above requrements, refer to Secton Notes to Dstrct Standards: A, B, E, G See Selected References below for applcablty 0 Mn. C L P L 5 Mn. Accessory Buldng Envelope How do I calculate heght? Buldng Envelope 00 Mn. (multple famly) 40 Mn. 30 Mn. 0 Mn clearzonng 50 ft Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste SELECTED REFERENCES 3. Zonng Dstrcts General Exceptons Standards Sngle Famly Dwellngs Home Occupatons Places of worshp Ste Standards Sgns Stub Roads and Cul-de Sacs Accessory Buldngs Procedures Ste Plan Revew Specal Excepton Standards The above drawngs are not to scale. Other Ordnances clearzonng Admn and 5/8/207 Texas Townshp Zonng Ordnance clearzonng 3-5

58 Purpose and Introducton 2 Defntons A. INTENT R-5 Resdental Dstrct, Hgh Densty Multple Famly The R-5 resdental dstrct, hgh densty multple-famly, s composed of certan areas wthn the townshp where hgh densty multple-famly resdental development has occurred, or appears desrable to occur. The regulatons of the R-5 dstrct are desgned to protect and stablze the essental characterstcs of these areas, and to promote and encourage a sutable and safe envronment for famly lfe. To these ends, development n the R-5 dstrct s restrcted to hgh densty multple-famly resdental use where adequate r Note: For uses lsted n bold blue, refer to Artcle 4, or clck on use, for use-specfc standards B. PRINCIPAL PERMITTED USES C. SPECIAL EXCEPTION USES Two-famly dwellng. Cemeteres Zonng 3 Dstrcts. Apartment houses, boardnghouses, garden apartment development and related accessory structures. Busness offces n an apartment buldng for conductng busness ncdental to the rental, operaton, servce and mantenance of the apartment buldng, or buldngs v. Accessory uses or buldngs v. Famly day care homes and group day care homes v. Class A Home occupatons v. Places of worshp v. Sgns Parochal and prvate schools Chld care centers or day care centers wthn places of worshp, parochal or prvate schools v. Eleemosynary, chartable and phlanthropc nsttutons v. Golf courses v. Prvate noncommercal clubs v. Publc utlty buldngs and structures necessary for the servce of the communty v. Publcly owned and operated buldngs and uses ncludng communty buldngs and publc parks, playgrounds, other recreatonal areas and hosptals ( ), clncs and nursng homes Ste x. Class B Home occupatons x. Reserved for future expanson x. Wnd energy converson systems x. Famly adult foster care home x. Hosptal ( ) or medcal clnc ( ), excludng anmal hosptals xv. Lmted resdental care facltes xv. Planned Unt Admn and 3-6 Texas Townshp Zonng Ordnance clearzonng 9/30/206

59 D. DEVELOPMENT STANDARDS Lot Sze Mnmum lot area : Two Famly: Multple Famly Mnmum lot frontage : Two Famly: Multple Famly: R-5 Resdental Dstrct, Hgh Densty Multple Famly 0,895 sq ft 4,356 sq ft 80 ft 00 ft Lot Coverage Maxmum lot coverage: 35% Accessory buldngs: 25% Setbacks Mnmum front yard setback: Mnmum rear yard setback: Accessory buldngs: Mnmum sde yard setback: Accessory buldngs: Mnmum dstance between buldngs: Buldng Heght Maxmum buldng heght: 40 ft 30 ft 5 ft 0 ft 5 ft Vares (refer to Secton ) 50 ft Floor Area Mnmum floor area per dwellng unt : Two Famly: 960 sq ft Multple Famly: 768 sq ft NOTES For addtons to the above requrements, refer to Secton Notes to Dstrct Standards: A, B, E, G See Selected References below for applcablty 0 Mn. P L C L 5 Mn. Buldng Envelope 40 Mn. How do I calculate heght? 30 Mn. Accessory Buldng Envelope 00 Mn. (multple famly) Mn. clearzonng 50 ft Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste SELECTED REFERENCES. Zonng Dstrcts General Exceptons Standards Sngle Famly Dwellngs Home Occupatons Places of worshp Ste Standards Sgns Stub Roads and Cul-de Sacs Accessory Buldngs Procedures Ste Plan Revew Specal Excepton Standards clearzonng The above drawngs are not to scale. Other Ordnances Admn and 5/8/207 Texas Townshp Zonng Ordnance clearzonng 3-7

60 Purpose and Introducton 3..8 A. INTENT R-6 Moble Home Park Dstrct 2 Defntons The R-6 moble home park dstrct s desgned solely for moble home parks and such accessory structures and uses normally assocated thereto, n accordance wth those regulatons specfed by the moble home commsson act, Publc Act No. 96 of 987 (MCL et seq.), and n accordance wth the area requrements specfed n ths chapter. r Note: For uses lsted n bold blue, refer to Artcle 4, or clck on use, for use-specfc standards B. PRINCIPAL PERMITTED USES C. SPECIAL EXCEPTION USES Zonng 3 Dstrcts. Moble home parks and those uses customarly ncdental to the prncpal use. Famly day care homes. Places of worshp Golf courses Prvate noncommercal clubs Wnd energy converson systems Admn and Ste 3-8 Texas Townshp Zonng Ordnance clearzonng

61 D. DEVELOPMENT STANDARDS Lot Sze Mnmum lot area : Mnmum lot frontage : Lot Coverage Maxmum lot coverage: 20% Accessory buldngs: 20% Setbacks Mnmum front yard setback: Mnmum rear yard setback: Accessory buldngs: Mnmum sde yard setback: Accessory buldngs: Buldng Heght Maxmum buldng heght: R-6 Moble Home Park Dstrct 7,000 sq ft 70 ft 5 ft 5 ft 25 ft 0 ft 25 ft 25 ft Floor Area Mnmum floor area per dwellng Sngle Famly, story 500 sq ft NOTES For addtons to the above requrements, refer to Secton Notes to Dstrct Standards: A, B, E See Selected References below for applcablty 0 Mn. P L C L How do I calculate heght? 5 Mn. Moble Home Park Ste Buldng Envelope 70 Mn. 5 Mn. 0 Mn clearzonng 25 ft Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste SELECTED REFERENCES 3. Zonng Dstrcts General Exceptons Ste Standards Sgns Standards Moble home parks Places of worshp Procedures Wnd energy converson systems Ste Plan Revew Specal Excepton Standards The above drawngs are not to scale. Other Ordnances clearzonng Admn and 5/8/207 Texas Townshp Zonng Ordnance clearzonng 3-9

62 Purpose and Introducton A. INTENT O- Offce Servce Dstrct 2 Defntons The O- offce servce dstrct s desgned to accommodate offce uses, offce sales uses and certan basc personal servces. The followng regulatons shall apply n all O- offce servce dstrcts and no buldng, structure or premses except as otherwse provded n ths chapter shall be erected, altered or used except for one or more of the uses set out n ths secton. r Note: For uses lsted n bold blue, refer to Artcle 4, or clck on use, for use-specfc standards B. PRINCIPAL PERMITTED USES C. SPECIAL EXCEPTION USES Professonal and admnstratve offces. Mxed-use development Zonng 3 Dstrcts. Medcal offces, ncludng clncs. Hosptals and full resdental care facltes v. Banks, credt unons, savngs and loan assocatons, and smlar uses v. Art shops, photographc studos and nteror decoratng studos. Wnd energy converson systems v. Publcly owned buldngs, exchanges and publc utlty offces v. Personal servce establshments v. Accessory uses or buldngs x. Sgns Admn and Ste 3-20 Texas Townshp Zonng Ordnance clearzonng 9/30/206

63 D. DEVELOPMENT STANDARDS Lot Sze Mnmum lot area : Mnmum lot frontage : Lot Coverage : Setbacks Mnmum front yard setback: Mnmum rear yard setback: Mnmum sde yard setback: O- Offce Servce Dstrct 0,000 sq ft 75 ft The lot or ste shall provde for open space consstent wth the open space requrements under Secton 6. ( Ste Plan Revew). none none none Buldng Envelope 75 Mn Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Buldng Heght Maxmum buldng heght: Accessory buldngs: 35 ft 20 ft NOTES For addtons to the above requrements, refer to Secton Notes to Dstrct Standards: A, B, C, D See Selected References below for applcablty P L C L clearzonng How do I calculate heght? 35 ft Ste SELECTED REFERENCES 3. Zonng Dstrcts General Exceptons Standards Mxed Wnd Energy Converson Systems Ste Standards Parkng Sgns Access Management Exteror Lghtng Screenng & Fencng The above drawngs are not to scale. 6. Procedures Ste Plan Revew Specal Excepton Standards Other Ordnances clearzonng Admn and 5/8/207 Texas Townshp Zonng Ordnance clearzonng 3-2

64 Purpose and Introducton A. INTENT C- Commercal Dstrct, Local 2 Defntons The C- commercal dstrct, as establshed n ths chapter, s desgned to meet the day-to-day convenence, shoppng and servce needs of persons resdng n adjacent resdental areas r Note: For uses lsted n bold blue, refer to Artcle 4, or clck on use, for use-specfc standards B. PRINCIPAL PERMITTED USES C. SPECIAL EXCEPTION USES Zonng 3 Dstrcts. Retal uses. Personal servce uses. Post offces and smlar governmental offce buldngs servng persons lvng n the adjacent resdental areas v. Professonal or admnstratve offces v. Medcal offces, ncludng clncs v. Hosptals and full resdental care facltes v. Banks, credt unons, savngs and loan assocatons, and smlar uses v. Art shops, photographc studos and nteror decoratng studos x. Publcly owned buldngs, exchanges and publc utlty offces Any retal use smlar to those permtted n ths dstrct, but whch are not specfcally mentoned n the C-2, C-3 and C-4 commercal dstrcts.. Package lquor, beer and wne sales. Publc utlty buldngs and structures necessary for the servce of the communty v. Motels and hotels v. Places of worshp v. Mxed-use development v. Wnd energy converson systems x. Accessory uses or buldngs Ste x. Restaurants x. Sgns Admn and 3-22 Texas Townshp Zonng Ordnance clearzonng 9/30/206

65 D. DEVELOPMENT STANDARDS Lot Sze Mnmum lot area : Mnmum lot frontage : Lot Coverage : Setbacks Mnmum front yard setback: Mnmum rear yard setback: Mnmum sde yard setback: Buldng Heght Maxmum buldng heght: Accessory buldngs: C- Commercal Dstrct, Local 0,000 sq ft 75 ft The lot or ste shall provde for open space consstent wth the open space requrements under Secton 6. ( Ste Plan Revew). none none none 35 ft 20 ft NOTES For addtons to the above requrements, refer to Secton Notes to Dstrct Standards: A, B, C, D See Selected References below for applcablty P L C L How do I calculate heght? Buldng Envelope 75 Mn clearzonng 35 ft Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste SELECTED REFERENCES 3. Zonng Dstrcts General Exceptons Standards Mxed Wnd Energy Converson Systems Ste Standards Parkng Sgns Access Management Exteror Lghtng Screenng & Fencng The above drawngs are not to scale. 6. Procedures Ste Plan Revew Specal Excepton Standards Other Ordnances clearzonng Admn and 5/8/207 Texas Townshp Zonng Ordnance clearzonng 3-23

66 Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste A. INTENT C-2 Commercal Dstrct, General The C-2 commercal dstrct s establshed for the accommodaton of communtywde needs for general retal sales and servce facltes. The regulatons for the C-2 commercal dstrct are desgned to permt development of the enumerated functons as lmted to protect the abuttng and surroundng propertes r Note: For uses lsted n bold blue, refer to Artcle 4, or clck on use, for use-specfc standards B. PRINCIPAL PERMITTED USES C. SPECIAL EXCEPTION USES Retal uses. Personal servce uses. Post offces and smlar governmental offce buldngs servng persons lvng n the adjacent resdental areas v. Professonal or admnstratve offces v. Medcal offces, ncludng clncs v. Hosptals and full resdental care facltes v. Banks, credt unons, savngs and loan assocatons, and smlar uses v. Art shops, photographc studos and nteror decoratng studos x. Publcly owned buldngs, exchanges and publc utlty offces x. Accessory uses or buldngs x. Restaurants x. Automoble repar garage x. Automoble sales agency xv. Boat sales xv. Commercal recreaton enterprses; ndoors xv. Contractor's workshops xv. Greenhouses, nurseres, and landscapng supples xv.machnery and heavy equpment sales; ndoors xx. Sgns Anmal hosptal Any general retal use smlar to those uses permtted n ths dstrct. Bar, tavern and nghtclub v. Places of worshp v. Commercal recreaton enterprses; outdoors v. Gasolne servce statons v. Motels and hotels v. Package lquor, beer and wne sales x. Publc utlty buldngs and structures necessary for the servce of the communty x. Rdng stable and racetrack; commercal x. Volunteer or townshp fre staton x. d car lot x. Mxed-use development xv. Wnd energy converson systems xv. Kennel xv. Permtted uses that nclude the outdoor dsplay of goods, provde outdoor seatng for servng patrons alcoholc beverages or nclude drve- facltes, ntended prmarly for nonfood related tems Admn and 3-24 Texas Townshp Zonng Ordnance clearzonng 5/8/207

67 C-2 Commercal Dstrct, General D. DEVELOPMENT STANDARDS Lot Sze Mnmum lot area : Mnmum lot frontage : Lot Coverage : Setbacks Mnmum front yard setback: Mnmum rear yard setback: Mnmum sde yard setback: 30,000 sq ft 50 ft The lot or ste shall provde for open space consstent wth the open space requrements under Secton 6. ( Ste Plan Revew). 50 ft 25 ft 25 ft 25 Mn. 25 Mn. Buldng Envelope 50 Mn Mn. Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Buldng Heght Maxmum buldng heght: Accessory buldngs: 35 ft 20 ft NOTES For addtons to the above requrements, refer to Secton Notes to Dstrct Standards: A, B, C, D, E See Selected References below for applcablty P L C L 50 Mn. clearzonng How do I calculate heght? 35 ft Ste SELECTED REFERENCES 3. Zonng Dstrcts General Exceptons Standards Bar, tavern and nghtclub Places of worshp Mxed Wnd Energy Converson Systems Ste Standards Parkng Sgns Access Management Exteror Lghtng Screenng & Fencng The above drawngs are not to scale. 6. Procedures Ste Plan Revew Specal Excepton Standards Other Ordnances clearzonng Admn and 5/8/207 Texas Townshp Zonng Ordnance clearzonng 3-25

68 Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste C-3 Commercal Dstrct, Shoppng Center A. INTENT The C-3 commercal dstrct s desgned solely to provde for ntegrated communty or regonal shoppng centers. The regulatons for the C-3 commercal dstrct are desgned to permt development of the enumerated functons as lmted by the standards desgned to protect abuttng and surroundng propertes. r Note: For uses lsted n bold blue, refer to Artcle 4, or clck on use, for use-specfc standards B. PRINCIPAL PERMITTED USES C. SPECIAL EXCEPTION USES Retal uses. Personal servce uses. Post offces and smlar governmental offce buldngs servng persons lvng n the adjacent resdental areas v. Professonal or admnstratve offces v. Medcal offces, ncludng clncs, hosptals and full resdental care facltes v. Banks, credt unons, savngs and loan assocatons, and smlar uses v. Art shops, photographc studos and nteror decoratng studos v. Publcly owned buldngs, exchanges and publc utlty offces x. Accessory uses or buldngs x. Restaurants x. Commercal recreaton; ndoors x. Outdoor commercal recreaton enterprses x. Sgns Package lquor, beer and wne sales.. Publc utlty buldngs and structures necessary for the servce of the communty. Motels and hotels v. Places of worshp v. Mxed-use development v. Wnd energy converson systems v. Outdoor swmmng pools v. Veternary clncs or smlar facltes for anmal care, ncludng pet shops Admn and 3-26 Texas Townshp Zonng Ordnance clearzonng 5/8/207

69 C-3 Commercal Dstrct, Shoppng Center D. DEVELOPMENT STANDARDS Lot Sze Mnmum lot area : Mnmum lot frontage : Lot Coverage : Setbacks Mnmum front yard setback: Mnmum rear yard setback: Accessory buldngs: Mnmum sde yard setback: Accessory buldngs: Buldng Heght Maxmum buldng heght: Accessory buldngs: 40,000 sq ft 200 ft The lot or ste shall provde for open space consstent wth the open space requrements under Secton 6. ( Ste Plan Revew). 50 ft 25 ft 25 ft 25 ft 25 ft 35 ft 20 ft NOTES For addtons to the above requrements, refer to Secton Notes to Dstrct Standards: A, B, C, D, E See Selected References below for applcablty 25 Mn. P L C L 25 Mn. How do I calculate heght? Buldng Envelope 200 Mn. 50 Mn Mn. clearzonng 35 ft Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste SELECTED REFERENCES 3. Zonng Dstrcts General Exceptons Standards Places of worshp Mxed Wnd Energy Converson Systems Ste Standards Parkng Sgns Access Management Exteror Lghtng Screenng & Fencng The above drawngs are not to scale. 6. Procedures Ste Plan Revew Specal Excepton Standards Other Ordnances clearzonng Admn and 5/8/207 Texas Townshp Zonng Ordnance clearzonng 3-27

70 Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste A. INTENT C-4 Commercal Dstrct, Hghway The C-4 commercal dstrct s composed of certan land along state hghways, major county thoroughfares or townshp roads to serve the resdents of the communty and for the convenence of those persons n transt and for the purpose of accommodatng those commercal establshments whch are of a smlar nature n ther servce to the publc r Note: For uses lsted n bold blue, refer to Artcle 4, or clck on use, for use-specfc standards B. PRINCIPAL PERMITTED USES C. SPECIAL EXCEPTION USES Retal uses. Personal servce uses. Post offces and smlar governmental offce buldngs servng persons lvng n the adjacent resdental areas v. Professonal or admnstratve offces v. Medcal offces, ncludng clncs v. Hosptals and full resdental care facltes v. Banks, credt unons, savngs and loan assocatons, and smlar uses v. Art shops, photographc studos and nteror decoratng studos x. Publcly owned buldngs, exchanges and publc utlty offces, ncludng communty buldngs and publc parks, playgrounds and other recreatonal areas x. Accessory uses or buldngs x. Restaurants x. Reserved for future expanson x. Automoble sales agency and adjonng outdoor sales area xv. Boat sales xv. Commercal recreaton enterprses xv. Drve-n eatng establshments xv. Greenhouses, nurseres, and landscapng supples xv.motels xx. Reserved for future expanson xx. Sgns Anmal hosptal Any general retal use smlar to those uses permtted n ths dstrct. Bar, tavern and nghtclub v. Places of worshp v. Gasolne servce statons v. Hotels v. Package lquor, beer and wne sales v. Publc utlty buldngs and structures necessary for the servce of the communty x. Rdng stable and racetrack; commercal x. Volunteer or townshp fre staton x. d car lot x. Mxed-use development x. Wnd energy converson systems xv. Kennel xv. Vehcle repar, mnor xv. Drve-n theater xv. Telecommuncaton Towers xv.permtted uses that nclude the outdoor dsplay of goods, provde outdoor seatng for servng patrons alcoholc beverages or nclude drve- facltes, ntended prmarly for nonfood related tems Admn and 3-28 Texas Townshp Zonng Ordnance clearzonng 5/8/207

71 C-4 Commercal Dstrct, Hghway D. DEVELOPMENT STANDARDS Lot Sze Mnmum lot area : Mnmum lot frontage : Lot Coverage : Setbacks Mnmum front yard setback: Mnmum rear yard setback: Accessory buldngs: Mnmum sde yard setback: Accessory buldngs: 40,000 sq ft 200 ft The lot or ste shall provde for open space consstent wth the open space requrements under Secton 6. ( Ste Plan Revew). 50 ft 25 ft 0 ft 25 ft 0 ft 25 Mn. 0 Mn. Accessory Buldng Envelope Buldng Envelope 25 Mn. 200 Mn. 25 Mn. Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Buldng Heght Maxmum buldng heght: Accessory buldngs: 35 ft 20 ft NOTES For addtons to the above requrements, refer to Secton Notes to Dstrct Standards: A, B, C, D, E See Selected References below for applcablty P L C L How do I calculate heght? 50 Mn. clearzonng 35 ft Ste SELECTED REFERENCES 3. Zonng Dstrcts General Exceptons Standards Places of worshp Mxed Wnd Energy Converson Systems Telecommuncaton Towers Ste Standards Parkng Sgns Access Management Exteror Lghtng Screenng & Fencng The above drawngs are not to scale. 6. Procedures Ste Plan Revew Specal Excepton Standards Other Ordnances clearzonng Admn and 5/8/207 Texas Townshp Zonng Ordnance clearzonng 3-29

72 Purpose and Introducton A. INTENT I- Industral Dstrct 2 Defntons The I- ndustral dstrct s composed of certan lands located along hghways and major county roads. The I - ndustral dstrct provdes use ntensty and external effects or amentes standards so that prncpal permtted uses are compatble wth abuttng zonng dstrcts. Specal excepton uses shall be located n the least objectonable manner to nearby non-ndustral uses. r Note: For uses lsted n bold blue, refer to Artcle 4, or clck on use, for use-specfc standards B. PRINCIPAL PERMITTED USES C. SPECIAL EXCEPTION USES Zonng 3 Dstrcts. Offce buldngs. Vehcle repar, major. Constructon and farm equpment sales v. Truck sales v. Hardware and buldng supples. Research and related uses Manufacturng, compoundng, and assemblng or treatment of artcles or merchandse Agrculture commodty processng and slaughterhouses v. Contractors equpment yard v. Places of worshp Ste v. Mn-storage warehouse or self-storage warehousng v. Bus or truck termnals, mantenance, and storage yard x. Assembly of merchandse such as electrcal applances, electronc or precson nstruments, and artcles of smlar nature x. Packagng of prevously prepared materals x. Prntng, lthographc, blueprntng and smlar uses x. Storage or warehousng of commodtes such as hardware, packaged or fresh foods, clothng, and drugs when n an enclosed buldng v. Adult regulated uses v. Wnd energy converson systems v. Telecommuncaton Towers v. Any permtted use utlzng outdoor storage of product or materals where the locaton s abuttng a resdental or commercal dstrct x. Junkyard or buldng materal salvage yard x. Sold waste transfer facltes x. Processng or compoundng commodtes such as drugs, cosmetcs, pottery, plastcs and food products xv. Publcly owned and operated buldngs and uses ncludng communty buldngs and publc parks, playgrounds and other recreatonal areas xv. Chld care centers, when nternal to busness Admn and xv. Fuel dstrbuton xv. Machne shop xv. Ice and cold storage plant xx. Accessory uses or buldngs xx. Sgns Texas Townshp Zonng Ordnance clearzonng 5/8/207

73 D. DEVELOPMENT STANDARDS Lot Sze Mnmum lot area : Mnmum lot frontage : Lot Coverage : Setbacks Mnmum front yard setback: Mnmum rear yard setback: Accessory buldngs: Mnmum sde yard setback: Accessory buldngs: I- Industral Dstrct 2 acres 200 ft The lot or ste shall provde for open space consstent wth the open space requrements under Secton 6. ( Ste Plan Revew). 50 ft 25 ft 5 ft 25 ft 5 ft 25 Mn. 25 Mn. Buldng Envelope Mn. Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Buldng Heght Maxmum buldng heght: Accessory buldngs: 50 ft 20 ft NOTES For addtons to the above requrements, refer to Secton Notes to Dstrct Standards: A, B, C, D, E, F See Selected References below for applcablty P L C L How do I calculate heght? 200 Mn. 50 Mn. clearzonng 50 ft Ste SELECTED REFERENCES 3. Zonng Dstrcts General Exceptons Standards Places of worshp Mxed Wnd Energy Converson Systems Telecommuncaton Towers Ste Standards Parkng Sgns Access Management Exteror Lghtng Screenng & Fencng The above drawngs are not to scale. 6. Procedures Ste Plan Revew Specal Excepton Standards Other Ordnances clearzonng Admn and 5/8/207 Texas Townshp Zonng Ordnance clearzonng 3-3

74 Purpose and Introducton Reserved for Future Expanson Ths Secton s reserved for future expanson. Admn and Ste Zonng 3 Dstrcts 2 Defntons 3-32 Texas Townshp Zonng Ordnance clearzonng 5/8/207

75 Reserved for Future Expanson Ths Secton s reserved for future expanson Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and 5/8/207 Texas Townshp Zonng Ordnance clearzonng 3-33

76 Purpose and Introducton 2 Defntons EBT Educatonal & Busness Technology Dstrct A. INTENT The EBT educaton and busness technology dstrct s desgned to provde for the combnaton of educatonal, research and offce facltes and to exclude therefrom certan ncompatble uses whch would functon more properly n other zonng dstrcts. The EBT dstrct may serve as a transtonal category between resdental, commercal and/or ndustral zonng dstrcts. Permssble uses n the EBT dstrct are characterzed by no dstngushable amount of nusance factors such as nose, odor, lghtng, glare, heat and the emsson of ar pollutants. Senstvty to the envronment n the EBT dstrct s encouraged n the desgn, development process, and operatons wthn the dstrct. r Note: For uses lsted n bold blue, refer to Artcle 4, or clck on use, for use-specfc standards B. PRINCIPAL PERMITTED USES C. SPECIAL EXCEPTION USES Zonng 3 Dstrcts Ste. Any use charged wth the prncpal functon of the advancement of general educaton or tranng n professonal or techncal felds. Research and related uses. Admnstratve, professonal or medcal offces v. Communcatons, electroncs, nformaton transfer, and data processng facltes ncludng computer centers, and related tranng and mantenance facltes v. Publcly owned and operated buldngs and uses ncludng schools, colleges, communty buldngs and parks, playgrounds and other recreatonal uses v. Accessory uses whch are desgned and ntended to support and complment permtted uses, such as day care, health ftness centers, cafeteras, product showrooms, offce and laboratory equpment servces and prntng, publshng and related servces v. Sgns Packagng and dstrbuton of prevously prepared materals. Processng or compoundng commodtes such as drugs, cosmetcs, pottery, plastcs and food products. Processng and assembly of engneerng, medcal, laboratory, scentfc and research nstruments and assocated equpment v. Botechnology facltes, ncludng the boardng and testng of rodents and small anmals v. Wnd energy converson systems v. Outdoor storage or related actvtes, n assocaton wth a permtted use v. Telecommuncaton Towers v. Mxed use development x. Prntng, lthographc, blueprntng and smlar uses x. Storage or warehousng of commodtes, such as hardware, packaged or fresh foods, clothng and drugs when n an enclosed buldng x. Commercal recreaton enterprses x. Hosptals and Full Resdental Care facltes x. Lght ndustral uses, ncludng metal fabrcaton, plastc njecton moldng or other automoble related uses Admn and 3-34 Texas Townshp Zonng Ordnance clearzonng

77 EBT Educatonal & Busness Technology Dstrct D. DEVELOPMENT STANDARDS Lot Sze Mnmum lot area : Mnmum lot frontage : Lot Coverage : Setbacks Mnmum front yard setback: Mnmum rear yard setback: Mnmum sde yard setback: 3 acres 250 ft The lot or ste shall provde for open space consstent wth the open space requrements under Secton 6. ( Ste Plan Revew). 75 ft 75 ft 50 ft 50 Mn. 75 Mn. Buldng Envelope Mn. Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Buldng Heght Maxmum buldng heght: Accessory buldngs: 50 ft 20 ft NOTES For addtons to the above requrements, refer to Secton Notes to Dstrct Standards: A, B, C, D, E See Selected References below for applcablty P L C L 250 Mn. 75 Mn. clearzonng How do I calculate heght? 50 ft Ste SELECTED REFERENCES 3. Zonng Dstrcts General Exceptons EBT Dstrct Objectves & Standards Standards Wnd Energy Converson Systems Telecommuncaton Towers Ste Standards Parkng Sgns Access Management Exteror Lghtng Screenng & Fencng The above drawngs are not to scale. 6. Procedures Ste Plan Revew Specal Excepton Standards Other Ordnances clearzonng Admn and 5/8/207 Texas Townshp Zonng Ordnance clearzonng 3-35

78 Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and CBD Corners Busness Dstrct A. INTENT The CBD corners busness dstrct s a zonng classfcaton specfcally desgned to support the development of the Texas Corners area as a vable and dstnct busness dstrct. It uses the Texas Corners subarea plan as the foundaton for the dstrct and ncorporates desgn crtera based upon "corrdor enhancement gudelnes" developed by the townshp's consultant. Ths crteron further dfferentates the CBD from other commercal development areas wthn the townshp. The ntent s to support a unque mx of offce, retal and servce uses drected at supportng the personal needs of area resdents, whle achevng regonal nterest based upon shoppng, entertanment and restaurant experences. Toward ths end, uses wll be n close proxmty to one another, or attached, enhancng pedestran movement and appearance. Buldngs are ntended to be at a human scale wth the sze and locaton of parkng facltes blended wth landscape mprovements and open space. B. PERMITTED USES. Admnstratve and professonal offces. Medcal offces, ncludng clncs. Banks, credt unons, savngs and loan assocatons, and smlar uses v. Art shops, photographc studos and nteror decoratng studos v. Publcly owned buldngs, exchanges and publc utlty offces v. Personal servce establshments v. Chld care centers or day care centers v. Restaurants, excludng any use of a drve-n or drve- nature x. Retal sales x. Shoppng centers or plazas supportng two or more permtted uses, wth any specal excepton uses subject to that approval process x. Move theater, vdeo, audo or electroncs stores, ncludng mnor repar or smlar uses x. Muncpal offces or publc facltes ncludng park and recreaton areas, or those devoted to communcatons and emergency servces Accessory uses or buldngs. Sgns C. SPECIAL EXCEPTION USES The followng are specal excepton uses n the CBD corners busness dstrct. Such uses shall not be subject to the specfc condtons lsted for specal excepton uses under Secton 36-4, but the plannng commsson may utlze such standards n consderaton of whether condtons should be mposed related to approval of the request.. Package lquor, beer and wnes sales, unless secondary and ncdental to the prmary grocery busness. Places of worshp, prvate schools or smlar busnesses related to relgon or educaton. Veternary clncs or smlar facltes for anmal care, ncludng pet shops v. Car washes, fuel statons wth 8 or fewer pumps, and mnor vehcle repar garages v. Contractor's establshment, ncludng roofng, plumbng, heatng or electrcal or supplers to such busness ncludng lumberyards, provded no outdoor storage s permtted v. Resdental unts, whch shall be attached unts, ether to a permtted use wthn ths dstrct or to other resdental unts a. Such unts, when attached to a commercal use, shall be located on the second floor. b. Where abuttng exstng sngle famly detached dwellngs, such unts shall be n the form of attached, townhouse style condomnums. In other locatons, the densty and compatblty of style shall be consstent wth adjonng land use. c. Each resdental unt shall provde for onste prvate parkng for at least two spaces per unt, wth such parkng permtted on prvate access drves as part of the approved development plan. d. Desgn consderatons shall nclude consstency wth the standards for revew of a PUD under Secton , ncludng the use of permeter open space where abuttng resdental zonng dstrcts. v. Bed and breakfast or smlar lodgng establshment that does not exceed sx sleepng rooms and n whch no meals, other than a breakfast, are served 3-36 Texas Townshp Zonng Ordnance clearzonng 5/8/207

79 CBD Corners Busness Dstrct v. Retal laundry and dry cleanng establshments, not ncludng processng facltes x. Lmted and full resdental care facltes x. Permtted uses that nclude the outdoor dsplay of goods, provde outdoor seatng for servng patrons alcoholc beverages or nclude drve- facltes. x. Sngle busness wth a maxmum floor area (per floor) of greater than 5,000 square feet and maxmum storefront wdth greater than 20 feet. x. Mxed D. LOT, YARD AND AREA REQUIREMENTS. The lot or ste shall be of suffcent sze to meet requred parkng standards for such use under Secton The lot or ste shall provde for open space consstent wth the open space requrements under Secton 6. (Ste Plan Revew).. The maxmum buldng heght shall be 35 feet, wth exceptons for towers, cupolas or steeples up to a maxmum 50 feet n heght. v. The maxmum floor area for a sngle busness shall be 5,000 square feet (per floor) and the storefront shall have a maxmum wdth of 20 feet, unless an applcaton s made for a specal excepton use to allow for floor area and storefront wdth greater than such requrements for the specfed and approved use. v. On county prmary roads the mnmum front yard setback for both buldng and parkng areas shall be a mnmum of fve (5) feet from the preserved rght-of-way f street trees and a mnmum 5-foot wde sdewalk are ncluded n the preserved rght-of-way. Otherwse the setback shall be a mnmum of twenty-fve (25) feet from the actual rght-of-way. On secondary and prvate roads, the front yard setback for both buldng and parkng areas shall be a mnmum of fve (5) feet from the actual rght-of-way PRIMARY, SECONDARY OR PRIVATE ROAD SETBACK P L 00 Preserved Rght-of-Way 00 Preserved Rght-of-Way Buldng Envelope 25 Mn. County Prmary Road Buldng Envelope 5 Mn. 5 Mn. 66 Actual Rght-of-Way Secondary or Prvate Road FRONT SETBACK WITH TREES AND SIDEWALK P L P L Preserved or Actual Rght-of-Way Buld-to Lne Buldng Envelope 50 Max Buld-to Lne 5 Mn. Sdewalk C L C L C L Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and 5/8/207 Texas Townshp Zonng Ordnance clearzonng 3-37

80 Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and CBD Corners Busness Dstrct (contnued) The maxmum buldng setback from the actual or preserved rght-of-way lne (county prmary roads) shall be 50 feet. Ths "buld-to" lne s ntended to provde a more consstent setback of buldngs and to reduce parkng areas wthn the front yard. The Plannng Commsson may wave ths requrement where, n ts sole reasonable dscreton, t determnes such a maxmum setback does not acheve ths desre for consstency. E. DESIGN CRITERIA AND REVIEW Pror to the formal submsson of a ste plan to the plannng commsson, a prelmnary ste plan shall be submtted to a fve-member desgn revew commttee made up of two members of the downtown development authorty, one member of the townshp board, one member of the plannng commsson and one member of the general publc resdng n, or wthn one mle of, the CBD boundary. Such members shall be apponted by the townshp supervsor and ther role shall be to assst the plannng commsson n conductng ste plan revew and shall be advsory n nature. The crtera to be consdered, n addton to the requrements for ste plan revew, are as follows:. Layout and desgn. The layout and desgn shall conform to the corrdor enhancement gudelnes manual, ncludng curb and gutter, sdewalks and lghtng standards. In addton, such layout shall be meet access management requrements and be orented to enhance pedestran movement and mnmze conflct wth vehcular crculaton and parkng areas. Sdewalks and/or bke paths may be requred where planned for or for connecton to adjonng busnesses.. Vsual appearance. For retal and personal servce busness, the vsual appearance of the buldng shall nclude glass for eye-level dsplay and may nclude porches, awnngs or canopes to provde cover for pedestrans.. Landscapng. Landscapng shall be provded between the roadway and the buldng and/or between the roadway and any parkng or servce drve. Shade trees shall be planted at ntervals not greater than one tree for every 50 to 75 feet along any publc street wthn the CBD or use shrubbery or plantng areas where vsblty s of concern for pedestrans and motorsts. The use of berms or screen fencng (not to exceed 30 nches n heght) shall be consdered when large expanses of parkng or servce drves front onto or parallel the publc street. Landscape slands wthn the parkng lots are requred for any lot or ste n excess of 50 spaces at 200 square feet for every ten spaces. A landscape plan shall be submtted wth the prelmnary plan for revew by the desgn commttee. v. Exteror lghtng. Exteror lghtng shall adhere to the standards under Secton and be coordnated wth adjonng busnesses and to enhance pedestran movement and safety. Any freestandng poles shall be stuated wthn a landscape sland or be desgned n a manner that blends wth the appearance of the development. v. Parkng. Parkng areas shall be located n a manner that mnmzes the conflct wth contnuous pedestran movement out the CBD. In addton to the access management gudelnes and landscapng requrements above, emphass s placed on reducng the sze of ndvdual parkng lots unless devoted to shared parkng accessble to a number of busnesses. Toward ths ntent, multuse stes shall not be requred to meet parkng standards for all uses when t can be shown that days and hours of operaton may not overlap between the proposed and exstng uses on the ste. Where avalable publc parkng s wthn 500 feet of the subject ste and connected by sdewalk or bkepath facltes, a ste plan may be approved wth a defcency n requred parkng. It s recommended that parkng be located wthn rear or sde yards to reduce conflct wth pedestran movement to the establshment Texas Townshp Zonng Ordnance clearzonng 7/8/206

81 CBD Corners Busness Dstrct (contnued) Purpose and Introducton (Intentonally Blank) 2 Defntons Zonng 3 Dstrcts Ste Admn and 7/8/206 Texas Townshp Zonng Ordnance clearzonng 3-39

82 Purpose and Introducton Reserved for Future Expanson Ths Secton s reserved for future expanson. Admn and Ste Zonng 3 Dstrcts 2 Defntons 3-40 Texas Townshp Zonng Ordnance clearzonng /27/206

83 OSP Open Space Preservaton Dstrct Overlay A. INTENT changes reflected n the moton to approve, table pendng the submsson of addtonal nformaton, or deny the request based upon noncomplance wth the ordnance standards. Ths overlay dstrct s establshed to satsfy the requrements of the Mchgan Zonng Enablng Act (P.A. 0 of 2006, as may be amended). The act requres that qualfed townshps provde, at the opton of the landowner, for the clusterng of resdental unts on a porton of the property provded that 50 percent or more of the land s preserved n permanent open space. B. PERMITTED USES All permtted resdental uses wthn the underlyng dstrct are permtted wthn the OSP overlay dstrct, except that wthn desgnated open spaces, the uses of land shall be lmted to those approved as part of the approved ste plan that preserve the open space n an undeveloped state. At the landowner's opton, Sngle-Famly dwellngs shall be permtted wthn resdental clusters subject to the followng:. Applcaton procedure. a. An applcaton shall be fled dentfyng the landowner's desre to exercse the open space preservaton development opton. Wth the applcaton, the landowner shall submt a comparson plan that adheres to ste development requrements for the underlyng zonng dstrct. Ths can be n the form of a proposed plat establshng lots, a land dvson plan creatng parcels or a planned unt resdental development creatng stes and/or unts. Ths comparson plan shall determne the number of dwellng unts that can be developed wthn the open space preservaton plan. The applcaton and comparson plan may be revewed admnstratvely wth the applcant before the submsson of a ste plan. b. A ste plan, adherng to the standards wthn the ordnance under artcle IV, shall be submtted for revew and approval by the plannng commsson. It shall be ttled "open space preservaton plan" and a copy of the comparson plan shall be ncluded wth the ste plan. c. The plannng commsson shall revew the ste plan and determne complance wth the ordnance standards for: a) ste plan revew; b) requrements wthn the underlyng zonng dstrct; and c) requrements wthn ths overlay dstrct. They may approve the ste plan as presented, approve subject to condtons or. d. The applcant shall submt a tmelne for development and dentfy any phases that may requre further townshp revew and approval. The plannng commsson may mpose condtons on the development. e. Where the applcant proposes development n phases, open space n each phase shall consttute a mnmum of 50 percent of the area for that phase. f. Where a proposed open space development ncludes condomnum unts, the plan shall comply wth, and shall be revewed as requred by Secton Where a proposed open space development ncludes platted lots, the plat shall be revewed as requred by the subdvson control ordnance, sectons , nclusve. Where a proposed open space development ncludes unplatted land dvsons, all such dvsons shall be revewed as requred by the land dvson ordnance, sectons , nclusve. Condtons for approval. Condtons concernng layout and desgn of the dwellng unts and preservaton of the open space shall apply, as follows: a. Layout/desgn provsons. The layout and desgn of clusters of dwellng unts shall be arranged to acheve the greatest compatblty wth surroundng land use and wth the ntent and purpose of ths overlay dstrct and the underlyng zone. It shall balance what s economcally feasble for effcent cluster development wth the need to preserve the character of the area. Indvdual parcels, lots or stes wthn the resdental cluster shall meet the followng: () (Lot) frontage. The parcels, lots, or stes (unts) shall have a lot frontage of no less than 75 percent of the mnmum lot frontage wthn the underlyng zone. (2) (Lot) Area. The parcels, lots, or stes (unts) shall have a lot area of at least 40 percent of the mnmum lot area wthn the underlyng zone. Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and 5/8/207 Texas Townshp Zonng Ordnance clearzonng 3-4

84 Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and OSP Open Space Preservaton Dstrct Overlay (3) (Lot) coverage. The parcels, lots, or stes (unts) shall have a maxmum lot coverage of 20 percent ncludng all structures. (4) Floor area. The mnmum floor area for the dwellng unt shall meet the mnmum requred wthn the underlyng zone. (5) Yard/setback. The dwellng unts shall meet the followng setback provsons: (a) Front. Ffty percent of the underlyng zone but no less than 30 feet. (b) Sde. Ffty percent of the underlyng zone but no less than 2 feet. Ths setback provson shall also apply to accessory structures. (c) Rear. Ffty percent of the underlyng zone but no less than 20 feet. (6) Heght. The maxmum heght shall meet the maxmum heght standard wthn the underlyng zone.. In order to comply wth the Act, the followng the open space to be preserved shall be n an undeveloped state and meet the followng: a. The applcant shall provde documentaton n a form satsfactory to the townshp of the means to preserve the open space, whether n the form of a conservaton easement, deed restrcton or smlar method, and the party responsble for mantenance of the open space area. If proposed for dedcaton to the publc, a letter of support from the publc entty, ndcatng acceptance and responsblty for mantenance, shall be ncluded n wth the applcaton. A sngle entty, such as a prvate assocaton, nonproft organzaton or a publc body, shall have responsblty for mantanng the land n permanent open space. The documentaton shall be suffcent to provde notce to purchasers and to the publc generally of the area ncluded n the open space, the uses to whch t may be put, and the means by whch the open space area wll be mantaned. The documentaton shall demonstrate that the open space wll satsfy the purpose and ntent of the Act and that the applcant s provdng approprate legal and fnancal means to permanently preserve the open space n an undeveloped state. b. No part of the parcels, lots, or stes shall be counted toward the open space, nor any land devoted to roadways or other mpervous surfaces, other than those of a recreatonal nature (such as bkepaths, tenns or basketball courts, or for pavlons or pcnc shelters). c. The open space shall be arranged n a manner so that t s contguous and accessble by resdents wthn the resdental cluster. It shall also be arranged to connect to other open space areas on adjonng propertes and/or connected to possble pedestran or non-motorzed trals. d. The open space shall preserve those areas where protecton of the hghest qualty of natural resource s acheved. Ths ncludes areas of mature tree stands or forested areas, habtat areas for wldlfe or smlar areas that could otherwse be developed. e. All structures proposed for constructon n open space, and all uses wthn open space shall be shown on the ste plan and shall be subject to the requrements of the ordnances of the townshp, ncludng, but not lmted to, the constructon codes and fre code. C. SPECIAL EXCEPTION USES No specal excepton use wthn the underlyng zonng dstrct shall be allowed unless such use s processed separately as a specal excepton use subject to revew and approval. D. OVERALL SITE DEVELOPMENT The followng regulatons govern the relatonshp of the resdental cluster(s) and the restrcted open space to adjonng propertes, ncludng exstng road rghts-of-way. The term "resdental cluster" means the total area bounded by the lot, parcel or ste (unt) lnes defnng the exteror lmts of the land upon whch dwellngs may be constructed.. Resdental cluster setback. Any resdental cluster shall be set back 50 feet from any abuttng property lne and 00 feet from any exstng publc road rght-of-way. Ths area may be ncluded wthn the calculated open space, except for the area of roads or other mpervous areas wthn the setback.. Access. Access to the dwellng unts wthn the resdental cluster may be n the form of publc 3-42 Texas Townshp Zonng Ordnance clearzonng /27/203

85 OSP Open Space Preservaton Dstrct Overlay (contnued) road or prvate road, wth any prvate road adherng to standards of constructon of publc roads (but not standards of layout) as establshed by the Kalamazoo County Road Commsson. Permanent dead-end streets shall be lmted to,320 feet n length, and every permanent dead-end street shall nclude, at ntervals of no more than 500 feet, roundabouts that assure adequate access for fre and emergency vehcles. Roundabouts shall be constructed wth a dameter at least equal to the mnmum dameter requred by the Kalamazoo County Road Commsson for cul-de-sacs on local roads. Where an open space development, together wth all exstng or planned phases of that development, wll result n 50 or more buldng stes, two permanent access streets to the development must be provded.. Structures and uses of open space. Any structures proposed to be constructed n open space, and any uses of open space that create nose, dust, or odors or that requre facltes such as water, waste dsposal, or publc or utlty servces, shall be so desgned and located that they do not dstract from the preservaton of the character of the area as land n an undeveloped state that s the goal of ths dstrct. P L RESIDENTIAL CLUSTER SETBACKS 50 mn. C L 50 mn. Resdental Cluster 00 mn. 50 mn. clearzonng Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and /27/203 Texas Townshp Zonng Ordnance clearzonng 3-43

86 Purpose and Introducton A. INTENT RC Resource Conservaton 2 Defntons Zonng 3 Dstrcts Ste It s recognzed by ths ordnance that the prncpal use of certan areas wthn the Townshp should be restrcted to Lmted development. Conservaton of the natural resource base possessed by these areas should be encouraged and mantaned. Ths Ordnance, based upon a long range plan, establshes a Zonng Dstrct desgned to regulate the locaton of buldngs and other structures, as well as the use of parcels/ lots contaned theren. It s the ntent of ths Ordnance to protect and preserve the natural envronment and wldlfe habtat. Also, to protect groundwater, waterways, ponds and other bodes of water as well as agrculture, prvate or publc recreaton areas. These consderatons are based upon the publc health and general welfare of the Communty. In addton, ths dstrct wll protect the health of ctzens by protectng the well felds and publc wells that supply drnkng water for human consumpton. It s further understood that some areas wthn ths Zonng Dstrct may become sutable for resdental development. However any resdental development s to be confned and lmted to a Planned Unt (PUD) subject to Specal approval based upon retenton of the qualty open space. r Note: For uses lsted n bold blue, refer to Artcle 4, or clck on use, for use-specfc standards B. PRINCIPAL PERMITTED USES C. SPECIAL EXCEPTION USES Publc and prvate conservaton areas for the development, protecton and conservaton of open space, watersheds, water, sol, forest, and wldlfe resources.. Publc parks and recreaton areas, not ncludng those lsted under Specal Excepton uses.. Drves and parkng areas assocated wth the above uses. v. Sgns v. Essental servces v. Accessory buldngs v. Sngle famly dwellngs , establshed pror to May 8, 207, as long as the property has a mnmum lot area of 4,500 SF wth sewer or 35,800 SF wthout sewer AND a mnmum lot wdth of 0 wth sewer or 65 wthout sewer. Any sngle famly resdental lot wth frontage on a county prmary road must have at least 65 of frontage.. Publc or prvate game refuge, golf course, park, campground, play ground, or other recreatonal use.. Publc or prvate schools, churches, or other smlar uses, ncludng those approved under chartable and phlanthropc nsttutons.. Planned Unt subject to connecton to all publc utltes. v. All buldngs and structures accessory and ncdental to permtted uses n ths dstrct. v. General and specalzed farmng and agrcultural actvtes. Includng the rasng or growng of crops (excludng lvestock, poultry and other farm anmals, products and foodstuffs) and provded that any lot that s kept as dle cropland shall be so treated as to prevent sol eroson by wnd or by water. v. The rasng or growng of plants, trees, shrubs and nursery stock. Admn and 3-44 Texas Townshp Zonng Ordnance clearzonng 5/8/207

87 D. DEVELOPMENT STANDARDS Lot Sze Mnmum lot area : Mnmum lot frontage : Lot Coverage Maxmum lot coverage: 2% Setbacks Mnmum front yard setback: Mnmum rear yard setback: Mnmum sde yard setback: Corner lot sde yard setback Buldng Heght Maxmum buldng heght: RC Resource Conservaton 0 acres 330 ft 00 ft 00 ft 50 ft 00 ft None Specfed 50 Mn. 00 Buldng Envelope Mn. Purpose and Introducton 2 Defntons Zonng 3 Dstrcts 330 Mn. P L C L 00 Mn. clearzonng NOTES See Selected References below for applcablty How do I calculate heght? None Specfed Ste SELECTED REFERENCES 3. Zonng Dstrcts General Exceptons Standards 5. Ste Standards Parkng Sgns Access Management Exteror Lghtng Screenng & Fencng Accessory Buldngs The above drawngs are not to scale. 6. Procedures Ste Plan Revew Specal Excepton Standards Other Ordnances clearzonng Admn and 5/8/207 Texas Townshp Zonng Ordnance clearzonng 3-45

88 Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and BOUNDARIES OF ZONES. The locaton and boundares of the zones establshed n the townshp shall be shown on a map enttled Zonng Map of the Townshp of Texas, and as the map may be amended subsequent to the adopton thereof; and such map, secton or porton thereof, together wth all notatons, dmensons and other data shown thereon, are hereby made a part of ths chapter to the same extent as f the nformaton set forth on such map were fully descrbed and ncorporated heren. 2. The offcal copy of the zonng map shall be n the custody of the clerk and dsplayed n the townshp offce. 3. Where uncertanty exsts as to the boundares of any of the zones as shown on the zonng map, the followng rules shall apply: A. Zone boundary lnes are ntended to be parallel or perpendcular to street, alley, or lot lnes, unless such zone boundary lnes are fxed by dmensons, as shown on such zonng map. B. Where zone boundares are ndcated as approxmately followng street or alley lnes or proposed street lnes, such lnes shall be construed to be such boundares. C. Where zone boundares are so ndcated that they approxmately follow lot lnes and are not more than 25 feet dstant therefrom, such lot lnes shall be such boundares. D. In unsubdvded property or where a zone boundary dvdes a lot, the locaton of any such boundary, unless the boundary s ndcated by dmensons shown on such maps, or descrbed n the text of the ordnance, shall be determned by the use of the map scale shown thereon, and scaled to the nearest foot. E. If all or any porton of any publc street, alley, rght-of-way, easement or land whch s not ncluded n any zone shall ever revert to or come nto prvate ownershp or shall ever be used for any purpose other than a publc purpose, such land shall be subject to all of these regulatons whch apply wthn the zone mmedately adjacent thereto, or wthn the most restrcted of the mmedately adjacent zones, f there be more than one EBT EDUCATION, BUSINESS AND TECHNOLOGY DISTRICT. The objectves of the EBT educaton and busness technology dstrct are to: A. Ensure a hgh standard of envronmental qualty. B. Provde for certan lmtatons on uses and structures to mnmze mpacts on any adjonng resdental dstrcts. C. Encourage campus-lke development that emphaszes the retenton of open space. D. Provde for a hgh qualty of uses whch wll protect the development tself and the surroundng areas. 2. Ste Requrements and Standards for the EBT Dstrct A. Ste development requrements. The followng ste development requrements shall apply n the EBT dstrct:. The mnmum requred area to qualfy for each educaton and busness technology dstrct shall be 25 contguous acres.. An educaton and busness technology dstrct must have at least 200 feet of frontage on and access to a paved publc state hghway, county prmary or major street.. Publc water and publc santary sewer and on-ste publc or prvate stormwater dranage facltes shall be requred as part of the total ste development. v. A ste plan for a development wthn an educaton and busness technology dstrct shall be submtted and approved n accordance wth artcle IV of ths chapter. v. All publc utlty lnes shall be underground. B. Ste development standards. Each ste plan for a development wthn an EBT educaton and busness technology dstrct shall nclude specfc evdence and facts that t has made provson for the followng condtons:. Access and parkng. a. Not more than two drveways to any one street, unless unusual crcumstances demonstrate the need for addtonal access ponts, 3-46 Texas Townshp Zonng Ordnance clearzonng /24/202

89 consstent wth health, safety and welfare. b. No part of any off-street parkng area, access and/or servce area drve may be located closer than 50 feet from any adjacent resdences or sngle-famly resdental zonng dstrct. c. Internal streets wthn an educaton and busness technology dstrct provdng access to a publc street may be prvately owned and mantaned, provded such streets are located wthn a permanent 66-foot easement, and desgned and constructed to conform to county road commsson subdvson street/road standards and a suffcent mantenance agreement s submtted, approved, and fled of record.. Screenng. a. An educaton and busness technology dstrct that adjons any resdences or resdental zonng dstrct shall provde a landscaped screenng area of at least 20 feet wde adjacent to the property lne. Such screenng area shall be planted wth trees and/or shrubs havng a mnmum heght of sx feet. Consderaton wll be gven for exstng plantngs n the screenng area f a mnmum of sx feet s mantaned. Ths provson shall not be nvoked untl the tme of development of ndvdual parcels wthn the dstrct. b. Refuse and storage areas shall be completely screened from publc vew. c. All uses shall be conducted wthn a fully enclosed buldng, provded that any outdoor storage or assocated outdoor actvtes shall be subject to revew and approval by the plannng commsson as a specal excepton use.. Envronmental standards. All uses wthn the educaton and busness technology dstrct shall conform to the followng envronmental standards: a. Glare and heat. Any operaton producng ntense glare or heat shall be conducted wthn an enclosed buldng or wth other effectve screenng n such a manner as to make such glare or heat completely mperceptble from any pont along the property lne. b. Vbraton. Operatons shall cause no nherent and recurrng generated vbraton perceptble wthout nstruments at any pont along the property lne. Temporary constructon s excluded from ths restrcton. c. Lghtng. All outdoor lghtng shall be shaded, shelded, and/or drected so that the surface of the source of the lght shall not be vsble from adjacent propertes and publc rghts-of-way. d. Smoke emssons. No operaton shall emt or cause to be emtted nto the atmosphere from any ar contamnaton source of emsson whatsoever any ar contamnant whch s of such a shade or densty as to obscure an observer's vson to a degree n excess of 20 percent opacty. e. Odor emssons. No operaton shall cause or allow the emsson of odorous ar contamnants from any sngle source such as to result n detectable odors whch are measured after the odorous ar has been dluted wth ten or more volumes of odor-free ar. f. Partcle emssons. No partcles of fly ash shall exceed two-tenths gran per cubc foot of flue gas at a stack temperature of 500 degrees Fahrenhet. g. Hazardous materals. If any operaton utlzes and/or stores hazardous materals (ncludng hazardous wastes) on-ste, the ste/buldng shall be desgned to comply wth all fre and buldng codes for the hazardous materals used and adequate precautons shall be taken to protect aganst negatve off-ste mpacts of a Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and /24/202 Texas Townshp Zonng Ordnance clearzonng 3-47

90 Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and hazardous materals release, usng best avalable technology NOTES TO DISTRICT STANDARDS - SETBACKS. Applcablty. The notes contaned n Secton are addtons, exceptons, and clarfcatons to the dstrct standards contaned n Secton The applcablty of the ndvdual notes to each dstrct s provded n the table below. 2. Notes to dstrct standards for Agrcultural and Resdental Dstrcts. A. On corner lots, the wdth of the sde yard adjacent to the sde street shall be equal to the front yard setback of the lot adjonng the rear of such corner lot. B. Where property s contguous to an exstng or an offcally proposed prmary county road, the mnmum front, sde or rear yard contguous thereto shall be ncreased n depth so as to permt a One hundred-foot rght-of-way for prmary county roads. C. In the A, R-, R-A and R-2 zonng dstrcts on non-rparan lots, where there s an attached garage, the mnmum sde yard abuttng the attached garage shall be 50 percent of the regular sde yard setback, provded: ) no such attached garage shall be used for lvng area, and no lvng area shall be permtted closer than the regular requred sde yard setback from a sde lot lne; and 2) at least one sde yard setback shall be the regular requred sde yard setback. In no event shall an accessory buldng be closer to the sde lot lne than the attached garage on the same sde of the lot. D. In R-2 and R-3 on rregular shaped lots, the mnmum wdth of the lot at the mnmum front yard setback lnes shall be at least 0 feet. E. Where a permtted accessory buldng setback s less than the mnmum rear yard setback set forth n the schedule of lot, yard and area requrements, the maxmum buldng heght (feet) shall be reduced by one and one-half feet for each foot by whch a setback s reduced, provded the mnmum rear yard setback shall be fve feet. F. When a parcel abuts a hgher zonng dstrct, the larger of the abuttng yard setbacks apples. G. Corner lots shall adhere to the sde yard setbacks for both the rear and sde yards. 3. Notes to dstrct standards for Commercal, Industral and Other Dstrcts A. Where the majorty of the frontage along one sde of a street wthn 500 feet of a lot had been bult upon at the tme of the effectve date of the zonng ordnance (August 7, 963), any buldng hereafter erected on such lot shall be set back not less than the average setback of buldngs on such frontage wthn 500 feet thereof. B. On corner lots, the wdth of the sde yard adjacent to the sde street shall be equal to the front yard setback of the lot adjonng the rear of such corner lot. C. The setback of any commercal or ndustral use, or actvty assocated thereto, mantaned on a parcel of land adjacent to an R-; R-A or R-2 resdental dstrct shall be a mnmum of 25 feet or such use or actvty shall be effectvely screened by compact evergreens, fence or wall, or combnaton as determned by the Plannng Commsson, from any adjacent resdental dstrct. D. Where property s contguous to an exstng or offcally proposed prmary county road, the mnmum front, sde or rear yard contguous thereto shall be ncreased n depth so as to permt a One hundred-foot rght-of-way for prmary county roads. E. Unless that porton of the buldng extendng beyond 35 feet n heght s set back from each lot lne one addtonal foot, beyond the mnmum requrement, for each foot n heght above 35 feet. F. In the I- zonng dstrct, the mnmum sde yard and the mnmum rear yard setbacks may be reduced to 25 feet where the property abuts property zoned I- and where the plannng commsson fnds that the setbacks provde safe and adequate area for traffc crculaton, fre protecton, and other emergency servces Texas Townshp Zonng Ordnance clearzonng 7/24/203

91 GENERAL EXCEPTIONS. Publc Utlty Buldngs and Structures A. There s no zonng restrcton for utltes to be located n publc streets or publc rghtsof-way. B. Unless expressly permtted, publc utlty actvtes of an ndustral character such as repar and mantenance yards, storage facltes, or actvtes whch generate electronc nterference are prohbted. 2. Publcly owned buldngs, exchanges and publc utlty offces, unless expressly permtted, shall not nclude storage yards, transformer statons, substatons or gas regulator statons DISTANCES BETWEEN BUILDINGS IN THE R-4 AND R-5 DISTRICTS The mnmum dstance between multple-famly buldngs wthn a sngle project area shall be as follows:. Where buldngs are front to front or front to rear, two tmes the heght of the taller buldng but not less than 50 feet. 2. Where buldngs are sde to sde, f there are no wndows on the sde walls, a dstance equal to the heght of the taller buldng but not less than 20 feet. 3. Where buldngs are front to sde or rear to sde, f there are no wndows on the sde walls, /2 tmes the heght of the taller buldng but not less than 30 feet. 4. Where buldngs are rear to rear and sde to sde wth wndows on the sde walls, /2 tmes the heght of the taller buldng but not less than 40 feet. 5. When a roadway s located between two buldngs, the wdth of the roadway shall be n addton to the mnmum dstance between buldngs enumerated n ths subsecton LIMITATIONS ON HEIGHT No buldng shall be erected, reconstructed, or structurally altered to exceed n heght the lmt desgnated n ths chapter for the zone n whch such buldng s located, except the heght lmtatons of ths chapter shall not apply to place of worshp spres, belfres, cupolas, antennas and domes not used for human occupancy; nor to chmneys, ventlators, skylghts, water tanks, slos, bulkheads, and necessary mechancal appurtenances usually carred above the roof level, except where, n the opnon of the buldng nspector, such may be deemed to nterfere wth aeral navgaton or consttute a fre hazard. Such features, however, shall be consdered accessory to the prncpal use, shall not nclude any uses specfcally lsted as permtted or specal excepton uses, and shall not exceed n total coverage 20 percent of the total roof area and shall not exceed a heght of 50 feet. Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and 7/8/206 Texas Townshp Zonng Ordnance clearzonng 3-49

92 2 Defntons Purpose and Introducton (Intentonally Blank) Admn and Ste Zonng 3 Dstrcts 3-50 Texas Townshp Zonng Ordnance clearzonng 7/8/206

93 Purpose and Introducton Chapter 36 2 Defntons Artcle 4.0 Standards Zonng 3 Dstrcts Ste Admn and Texas Townshp Zonng Ordnance clearzonng 4-

94 Purpose and Introducton Artcle Standards 2 Defntons Zonng 3 Dstrcts Ste Admn and Prncpal Permtted s n the A Dstrct Accessory Buldngs n A, RC, R-, R- A and R-2 Zonng Dstrcts, Front Yards Greater than 900 Square Feet or 2% of Front Yard Buldable Area, Whchever s Greater, on Parcels Larger than 0 Acres Automoble Sales Agences Muncpal Offces or Publc Facltes n the CB dstrct Anmal Hosptals Asphalt & Concrete Ready-Mx Plant Vehcle Repar, Mnor & Major Bars, Taverns, and Nghtclubs Reserved Care Homes Cemetery Chld Care Centers/Day Care Center Place of Worshp Club, Prvate Noncommercal Drve-n Theater Earth Removal, Excavatons Commercal Gasolne Servce Staton Golf Course Gravel Processng and Quarryng Hosptals Hotel Insttutons, Chartable Eleemosynary, Phlanthropc Junkyards, Buldng Materal Salvage Yards Kennel Medcal Clnc Moble Home Sales Motel Offces and Offce Buldngs Publc Utlty Buldngs and Structure Recreaton, Commercal, Outdoors Rdng Stables, and Racetracks, Commercal Schools, Parochal and Prvate Slaughterhouses Storage or Warehousng of Commodtes n the I- Dstrct d Car Lots Veternary Clncs Volunteer or Townshp Fre Statons Telecommuncaton Towers and Antennas Wnd Energy Converson Systems Mxed Earth Removal, Mnng and Processng Operatons Rdng Stables Prvate Arfelds or Arcraft Landng Strps Barns or Smlar Structures n Resdental Dstrcts Research and Related s n the Industral Dstrcts Specal Excepton s n the I-3 Dstrct Accessory s n the EBT Dstrct Home Occupatons Adult s Sold Waste Transfer Facltes Moble Home Park Regulatons Planned Unt Standards Bed and Breakfast Outdoor Seatng for Servng Patrons Alcoholc Beverages Manufacturng, Compoundng, and Assemblng or Treatment of Artcles or Merchandse Sngle Famly Dwellngs n the RC Dstrct 4-2 Texas Townshp Zonng Ordnance clearzonng 5/8/207

95 Standards PRINCIPAL PERMITTED USES IN THE A AGRICULTURE DISTRICT Sngle-famly dwellngs are permtted, except that nothng n ths secton shall prohbt the converson or alteraton of any sngle-famly structure, n exstence before December 3, 999, nto not more than two separate dwellng unts, provded that such dwellng unts shall conform wth the followng provsons:. That there shall be no change or alteraton of the exteror of the dwellng to change ts appearance from that of a sngle dwellng unt. 2. Any sngle-famly dwellng converted under the provsons of ths secton shall be requred to have wthn the enclosed walls of the orgnal structure a total of not less than,760 square feet of habtable floor area for two dwellng unts. 3. There shall be a mnmum habtable floor area of 800 square feet for each separate dwellng unt wthn any sngle-famly structure whch has been converted to house two famles. 4. The provsons of ths secton shall apply only to the converson of sngle-famly dwellngs and shall not be construed to permt the constructon of two-famly dwellngs ACCESSORY BUILDINGS IN A, RC, R-, R -A AND R-2 ZONING DISTRICT FRONT YARDS GREATER THAN 900 SQUARE FEET OR 2% OF FRONT YARD BUILDABLE AREA, WHICHEVER IS GREATER, ON PARCELS LARGER THAN 0 ACRES Accessory buldngs n A, RC, R-, R-A and R-2 zonng dstrct front yards greater than 900 square feet or 2% of the front yard buldable area, whchever s greater, on parcels 0 acres or greater may be allowed as a specal excepton use f the followng condtons are met:. The accessory buldng shall be located at least twce the front yard setback for the zonng dstrct where t s located. 2. The accessory buldng shall not have a materal adverse mpact on surroundng propertes. 3. All applcatons for a specal excepton use under ths secton must be accompaned wth a plan ncludng the followng: A. North area and graphc scale suffcent to demonstrate the relatonshp of the proposed buldng and all propertes and buldngs wthn 500 ; B. All property lnes, easements, and rght-ofways shown wth dmensons; C. A topographc map of the property; D. Pctures or other exhbts as necessary; E. The heght and elevaton drawngs of the proposed buldng; and F. A statement settng forth the proposed use (s) wthn the accessory buldng. No accessory buldng allowed pursuant to ths subsecton shall be allowed for a use other than that approved by the Plannng Commsson AUTOMOBILE SALES AGENCIES In the C-2 and C-4 dstrcts, no dsmantlng of cars, or storage of dsmantled cars shall take place outdoors MUNICIPAL OFFICES OR PUBLIC FACILITIES IN THE CBD CORNERS BUSINESS DISTRICT Such use may nclude both permanent structures, such as playground equpment, enclosed buldngs (such as storage and restroom facltes), open-ar buldngs wth roofs (such as pavlons and gazebos) and other permanent or temporary structures for seasonal or communty event purposes ANIMAL HOSPITALS Where permtted as a specal use, the followng standards shall apply:. The use shall have frontage on an exstng or offcally proposed road. 2. The use shall have off-street parkng facltes to satsfy peak parkng needs. 3. Buldngs and actvtes shall not be closer than 00 feet to adjacent resdental propertes. Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and Texas Townshp Zonng Ordnance clearzonng 4-3

96 Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and ASPHALT AND CONCRETE READY-MIX PLANT Where permtted as a specal use, the followng standards shall apply:. The use shall have frontage on an exstng or offcally proposed road ; 2. The use shall have off-street parkng facltes to satsfy peak parkng needs; 3. Buldngs and actvtes shall not be closer than,000 feet to adjacent resdental propertes VEHICLE REPAIR, MINOR AND MAJOR Where permtted as a specal use, the followng standards shall apply:. The use shall have frontage on an exstng or offcally proposed road. 2. The use shall have off-street parkng facltes to satsfy peak parkng needs. 3. Buldngs and actvtes shall not be closer than 200 feet to adjacent resdental propertes. 4. No major repars or dsmantlng shall be permtted outsde of a closed structure BAR, TAVERN AND NIGHTCLUB Where permtted as a specal use, the followng standards shall apply:. The use shall have frontage on an exstng or offcally proposed road. 2. The use shall have off-street parkng facltes to satsfy peak parkng needs. 3. Buldngs and actvtes shall not be closer than 500 feet to adjacent resdental propertes RESERVED CARE HOME Where permtted as a specal use, the followng standards shall apply:. The use shall have off-street parkng facltes to satsfy average parkng needs. 2. Buldngs and actvtes shall not be closer than 25 feet to adjacent resdental propertes. 3. Group Day Care Homes: Where use of a property as a group day care home s under consderaton, the property whereon a group day care home s proposed to be operated shall be mantaned n a manner whch s consstent wth the vsble characterstcs of the neghborhood CEMETERY Where permtted as a specal use, the followng standards shall apply:. The use shall have frontage on an exstng or offcally proposed road. 2. The use shall have off-street parkng facltes to satsfy average parkng needs. 3. Buldngs and actvtes shall not be closer than 25 feet to adjacent resdental propertes CHILD CARE CENTER/DAY CARE CENTER Where permtted as a specal use, the followng standards shall apply:. The use shall have off-street parkng facltes to satsfy average parkng needs. 2. The use shall have off-street parkng facltes to satsfy peak parkng needs. 3. Buldngs and actvtes shall not be closer than 25 feet to adjacent resdental propertes PLACE OF WORSHIP Where permtted, the followng standards shall apply:. The use shall have frontage on an exstng or offcally proposed road. 2. Buldngs and actvtes shall not be closer than 50 feet to adjacent resdental propertes. 4-4 Texas Townshp Zonng Ordnance clearzonng 5/8/207

97 CLUB, PRIVATE NONCOMMERCIAL Where permtted as a specal use, the followng standards shall apply:. The use shall have frontage on an exstng or offcally proposed road GOLF COURSE Where permtted as a specal use, the followng standards shall apply:. The use shall have frontage on an exstng or offcally proposed road. Purpose and Introducton 2. The use shall have off-street parkng facltes to satsfy peak parkng needs. 3. Buldngs and actvtes shall not be closer than 50 feet to adjacent resdental propertes DRIVE-IN THEATER Where permtted as a specal use, the followng standards shall apply:. The use shall have frontage on an exstng or offcally proposed road. 2. Buldngs and actvtes shall not be closer than,000 feet to adjacent resdental propertes. 3. The use shall be enclosed by a sold wall or compact screenng of sutable materal as determned by the plannng commsson and shall not be less than sx feet n heght EARTH REMOVAL, EXCAVATIONS COMMERCIAL Where permtted as a specal use, the followng standards shall apply:. The use shall have frontage on an exstng or offcally proposed road. 2. Buldngs and actvtes shall not be closer than 500 feet to adjacent resdental propertes GASOLINE SERVICE STATION Where permtted as a specal use, the followng standards shall apply:. The use shall have frontage on an exstng or offcally proposed road. 2. The use shall have off-street parkng facltes to satsfy peak parkng needs. 3. Buldngs and actvtes shall not be closer than 200 feet to adjacent resdental propertes. 4. Gasolne pumps or other servce applances shall be set back at least 20 feet from the lot lne. 2. The use shall have off-street parkng facltes to satsfy average parkng needs. 3. Buldngs and actvtes shall not be closer than 200 feet to adjacent resdental propertes GRAVEL PROCESSING AND QUARRYING Where permtted as a specal use, the followng standards shall apply:. The use shall have frontage on an exstng or offcally proposed road. 2. The use shall have off-street parkng facltes to satsfy peak parkng needs. 3. Buldngs and actvtes shall not be closer than 200 feet to adjacent resdental propertes HOSPITAL Where permtted as a specal use, the followng standards shall apply:. The use shall have frontage on an exstng or offcally proposed road. 2. The use shall have off-street parkng facltes to satsfy average parkng needs. 3. Buldngs and actvtes shall not be closer than 00 feet to adjacent resdental propertes HOTEL Where permtted as a specal use, the followng standards shall apply:. The use shall have off-street parkng facltes to satsfy peak parkng needs. 2. Buldngs and actvtes shall not be closer than 50 feet to adjacent resdental propertes. 2 Defntons Zonng 3 Dstrcts Ste Admn and 7/8/206 Texas Townshp Zonng Ordnance clearzonng 4-5

98 Purpose and Introducton INSTITUTIONS, CHARITABLE, ELEEMOSYNARY, PHILANTHROPIC Where permtted as a specal use, the followng standards shall apply:. The use shall have frontage on an exstng or offcally proposed road. The use shall have offstreet parkng facltes to satsfy average parkng needs., Buldngs and actvtes shall not be closer than 00 feet to adjacent resdental propertes. 2. Rental of facltes to others than chartable, eleemosynary or phlanthropc organzatons s lmted to 4 contnuous days per tenant, wth at least seven days of nonrental before rerental to the same organzaton. by such organzatons s restrcted to uses compatble wth the uses authorzed by the specal excepton use permt and to ts surroundngs and purposes, wthout any adverse mpact on the surroundng neghborhood. No rental of facltes shall be permtted unless specfcally authorzed n the specal excepton use permt. 3. No more than 500 persons shall be permtted on the premses at any one tme unless an assembly permt has been granted n advance by the townshp board, actng n ts dscreton. 4. A mnmum of 00 contguous acres of area shall be requred. 5. Total buldng coverage shall be 2.5 percent or less of the total land area. 6. Hours of outdoor actvtes shall be lmted to 7:00 a.m. to 0:00 p.m. 7. All outdoor lghtng shall be shaded, shelded, and/or drected so that lght shall not be vsble from adjacent propertes and publc rghts-ofway. 8. Snowmobles, recreatonal vehcles, ATV's, motorzed boats, motorcycles, or any other smlar vehcle, or use thereof, s prohbted. However, use of motorzed vehcles and motorzed equpment for safety purposes, mantenance, and support of nsttutonal programmng purposes may be permtted by the plannng commsson, but not more than a total of 5 such vehcles or tems of equpment shall be permtted or used on the property for such purposes. 9. A mnmum of 200 feet of road frontage s requred. 0. of alcoholc beverages or beer shall be prohbted JUNKYARDS, BUILDING MATERIAL SALVAGE YARD Where permtted as a specal use, the followng standards shall apply:. The use shall have frontage on an exstng or offcally proposed road. 2. The use shall have off-street parkng facltes to satsfy peak parkng needs. 3. Buldngs and actvtes shall not be closer than,000 feet to adjacent resdental propertes. 4. The use shall be enclosed by a sold wall or compact screenng of sutable materal as determned by the plannng commsson and shall not be less than sx feet n heght. 2 Defntons Zonng 3 Dstrcts Ste Admn and KENNEL Where permtted as a specal use, the followng standards shall apply:. The use shall have frontage on an exstng or offcally proposed road. 2. The use shall have off-street parkng facltes to satsfy peak parkng needs. 3. Buldngs and actvtes shall not be closer than 500 feet to adjacent resdental propertes MEDICAL CLINIC Where permtted as a specal use, the followng standards shall apply:. The use shall have frontage on an exstng or offcally proposed road. 2. The use shall have off-street parkng facltes to satsfy peak parkng needs. 3. Buldngs and actvtes shall not be closer than 25 feet to adjacent resdental propertes MOBILE HOME SALES Where permtted as a specal use, the followng standards shall apply:. The use shall have frontage on an exstng or offcally proposed road. 2. The use shall have off-street parkng facltes to satsfy peak parkng needs. 3. Buldngs and actvtes shall not be closer than 00 feet to adjacent resdental propertes. 4-6 Texas Townshp Zonng Ordnance clearzonng 7/8/206

99 MOTEL Where permtted as a specal use, the followng standards shall apply:. The use shall have off-street parkng facltes to satsfy peak parkng needs. 2. Buldngs and actvtes shall not be closer than 25 feet to adjacent resdental propertes OFFICES AND OFFICE BUILDINGS Where permtted as a specal use, the followng standards shall apply:. The use shall have frontage on an exstng or offcally proposed road. 2. The use shall have off-street parkng facltes to satsfy peak parkng needs. 3. Buldngs and actvtes shall not be closer than 25 feet to adjacent resdental propertes. 4. In the C-3 Dstrct, such uses are permtted when they are an ntegrated part of an ndoor commercal recreaton enterprse, wth the outdoor recreaton facltes lmted to tenns courts, racquetball courts, platform tenns courts, and walkng and joggng tracks, wthout exteror lghtng and wth spectators lmted to no more than twce the number of partcpants RIDING STABLE & RACETRACK; COMMERCIAL Where permtted as a specal use, the followng standards shall apply:. The use shall have frontage on an exstng or offcally proposed road. 2. The use shall have off-street parkng facltes to satsfy peak parkng needs. 3. Buldngs and actvtes shall not be closer than,000 feet to adjacent resdental propertes. Purpose and Introducton 2 Defntons Zonng 3 Dstrcts PUBLIC UTILITY BUILDINGS AND STRUCTURES Where permtted as a specal use, the followng standards shall apply:. The use shall have frontage on an exstng or offcally proposed road. 2. The use shall have off-street parkng facltes to satsfy peak parkng needs. 3. Buldngs and actvtes shall not be closer than 25 feet to adjacent resdental propertes. 4. The use shall be enclosed by a sold wall or compact screenng of sutable materal as determned by the plannng commsson and shall not be less than sx feet n heght SCHOOL, PAROCHIAL AND PRIVATE Where permtted as a specal use, the followng standards shall apply:. The use shall have frontage on an exstng or offcally proposed road. 2. Buldngs and actvtes shall not be closer than 50 feet to adjacent resdental propertes SLAUGHTERHOUSE Where permtted as a specal use, the followng standards shall apply:. The use shall have frontage on an exstng or offcally proposed road. 2. The use shall have off-street parkng facltes to satsfy peak parkng needs. 3. Buldngs and actvtes shall not be closer than,000 feet to adjacent resdental propertes. Ste RECREATION, COMMERCIAL; OUTDOORS Where permtted as a specal use, the followng standards shall apply:. The uses, ncludng outdoor swmmng pools, shall have frontage on an exstng or offcally proposed road. 2. The use shall have off-street parkng facltes to satsfy peak parkng needs. 3. Buldngs and actvtes shall not be closer than 500 feet to adjacent resdental propertes STORAGE OR WAREHOUSING OF COMMODITIES IN THE I- DISTRICT Unless expressly permtted, there shall be no storage or warehousng of lve fowl or anmals, commercal explosves, or above or below ground bulk storage of flammable lquds, or gases, unless and only to the extent that such storage of lquds or gases s drectly connected to energy or heatng on the premses. Admn and 7/8/206 Texas Townshp Zonng Ordnance clearzonng 4-7

100 Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and USED CAR LOT Where permtted as a specal use, the followng standards shall apply:. The use shall have frontage on an exstng or offcally proposed road. 2. The use shall have off-street parkng facltes to satsfy peak parkng needs. 3. Buldngs and actvtes shall not be closer than 500 feet to adjacent resdental propertes. 4. No major repars or dsmantlng shall be permtted outsde of a closed structure VETERINARY CLINIC Where permtted as a specal use, the followng standards shall apply:. The use shall have frontage on an exstng or offcally proposed road. 2. The use shall have off-street parkng facltes to satsfy peak parkng needs. 3. Buldngs and actvtes shall not be closer than 25 feet to adjacent resdental propertes. Shall adhere to ratng standards for soundproofng (STC--sound transmsson coeffcent) VOLUNTEER OR TOWNSHIP FIRE STATION Where permtted as a specal use, the followng standards shall apply:. The use shall have frontage on an exstng or offcally proposed road. 2. The use shall have off-street parkng facltes to satsfy peak parkng needs. 3. Buldngs and actvtes shall not be closer than 500 feet to adjacent resdental propertes TELECOMMUNICATION TOWERS & ANTENNAS. Purpose The purpose of ths chapter s to establsh general gudelnes for the stng of wreless communcatons towers and antennas. In furtherance of these goals, the townshp shall gve due consderaton to the townshp's land use plan, zonng map, exstng land uses, and envronmentally senstve areas n approvng stes for the locaton of towers and antennas. Terms are defned n Secton The goals of ths chapter are to: A. Protect resdental areas and land uses from potental adverse mpacts of towers and antennas; B. Encourage the locaton of towers n nonresdental areas; C. Mnmze the total number of towers out the communty; D. Strongly encourage the jont use of new and exstng tower stes as a prmary opton rather than constructon of addtonal sngle-use towers; E. Encourage users of towers and antennas to locate them, to the extent possble, n areas where the adverse mpact on the communty s mnmal; F. Encourage users of towers and antennas to confgure them n a way that mnmzes the adverse vsual mpact of the towers and antennas careful desgn, stng, landscape screenng, and nnovatve camouflagng technques; G. Enhance the ablty of the provders of telecommuncatons servces to provde such servces to the communty quckly, effectvely, and effcently; H. Consder the publc health and safety of communcaton towers; and I. Avod potental damage to adjacent propertes from tower falure engneerng and careful stng of tower structures 2. Applcablty A. New towers and antennas. All new towers and antennas n the townshp shall be regulated pursuant to ths chapter, except as provded n subsecton B of ths secton, and they shall not be regulated or permtted as essental servces, publc utltes, or prvate utltes. B. Amateur rado staton operator and/or receve-only antennas. Ths chapter shall not govern any tower, or the nstallaton of any antenna, that s under 50 feet n heght and s owned and operated by a federallylcensed amateur rado staton operator or s used exclusvely for receve-only antennas. 3. Specal excepton use A. Generally. The followng provsons shall govern the ssuance of specal excepton use permts for towers by the plannng commsson: 4-8 Texas Townshp Zonng Ordnance clearzonng 7/8/206

101 . Applcatons for specal excepton use permts under ths dvson shall be subject to the procedures and requrements of secton , pertanng to specal excepton uses, except as modfed n ths dvson.. In grantng a specal excepton use permt, the plannng commsson may mpose condtons to the extent the plannng commsson concludes such condtons are necessary to mnmze any adverse effect of the proposed tower on adjonng propertes or to otherwse further the goal of ths dvson.. Any nformaton of an engneerng nature that the applcant submts, whether cvl, mechancal, or electrcal, shall be certfed by a lcensed professonal engneer. v. Any specal excepton use request for a tower under ths dvson shall requre publc notce to all abuttng property owners and all property owners of propertes that are located wthn the correspondng separaton dstance lsted n subsecton (2)e. of ths secton n table, n addton to any notce otherwse requred by ths chapter. B. Tower. Informaton requred. In addton to any nformaton requred for applcatons for specal excepton use permts pursuant to secton , applcants for a specal excepton use permt for a tower shall submt the followng nformaton a. A scaled ste plan clearly ndcatng the locaton, type and heght of the proposed tower, specfcatons on all proposed antennas, on-ste land uses and zonng, adjacent land uses and zonng (ncludng when adjacent to other muncpaltes), land use plan classfcaton of the ste and all propertes wthn the applcable separaton dstances set forth n subsecton (2)e of ths secton, adjacent roadways, proposed means of access, setbacks from property lnes, elevaton drawngs of the proposed tower and any other structures, topography, parkng, and other nformaton deemed by the zonng admnstrator to be necessary to assess complance. b. Legal descrpton and ownershp of the parent tract and leased parcel, f applcable. c. The setback dstance between the proposed tower and the nearest resdental unt, platted resdentally zoned propertes, and unplatted resdentally zoned propertes. d. An nventory of ts exstng towers, antennas or stes approved for towers or antennas that are ether wthn the jursdcton of the townshp or wthn one mle of the border thereof, ncludng specfc nformaton about the separaton dstance, locaton, heght and desgn of each tower. The applcant shall also dentfy other exstng towers wthn such area and the owner/operator of the exstng towers, f known. e. A landscape plan showng specfc landscape materals. f. Method of fencng, and fnshed color and, f applcable, the method of camouflage and llumnaton. g. A descrpton of complance wth all applcable federal, state or local laws. h. A notarzed statement by the applcant as to whether constructon of the tower wll accommodate collocaton of addtonal antennas for future users.. Identfcaton of the enttes provdng the backhaul network for the tower descrbed n the applcaton and other cellular stes owned or operated by the applcant n the townshp. j. A descrpton of the sutablty of the use of exstng towers, other structures or alternatve technology not requrng the use of towers or structures to provde the servces to be provded the use of the proposed new tower. Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and 7/8/206 Texas Townshp Zonng Ordnance clearzonng 4-9

102 Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and k. A descrpton of the desrable characterstcs justfyng the sutablty of the proposed locaton. l. A descrpton of the feasble locaton of future towers or antennas wthn the townshp based upon exstng physcal, engneerng, technologcal or geographcal lmtatons f the proposed tower s erected. m. Pont of vew renderngs of how the proposed tower wll appear from the surroundng area.. Factors consdered n grantng specal excepton use permts for towers. In addton to any standards for consderaton of specal use permt applcatons pursuant to secton , the plannng commsson shall consder the followng factors n determnng whether to ssue a specal excepton use permt, although the plannng commsson may wave or reduce the burden on the applcant of one or more of these crtera f the plannng commsson concludes that the goals of ths dvson are better served thereby: a. Heght of the proposed tower, but the plannng commsson shall not have the authorty to authorze any tower wth a heght n excess of 90 feet unless the zonng board of appeals shall have frst granted a varance to permt a specfc heght n excess of that maxmum. If the zonng board of appeals grants a heght varance, the plannng commsson may requre the applcant to demonstrate complance wth all other standards for approval of the specal excepton use at that heght. b. Proxmty of the tower to resdental structures and resdental dstrct boundares; c. Nature of uses on adjacent and nearby propertes; d. Surroundng topography; e. Surroundng tree coverage and folage; f. Desgn of the tower, wth partcular reference to desgn characterstcs that have the effect of reducng or elmnatng vsual obtrusveness; g. Proposed ngress and egress; and h. Avalablty of sutable exstng towers, other structures, or alternatve technologes not requrng the use of towers or structures, as dscussed n subsecton (2)c of ths secton.. Avalablty of sutable exstng towers, other structures, or alternatve technology. No new tower shall be permtted unless the applcant demonstrates to the reasonable satsfacton of the plannng commsson that no exstng tower, structure or alternatve technology that does not requre the use of towers or structures can accommodate the applcant's proposed antenna. An applcant shall submt nformaton requested by the plannng commsson related to the avalablty of sutable exstng towers, other structures or alternatve technology. Evdence submtted to demonstrate that no exstng tower, structure or alternatve technology can accommodate the applcant's proposed antenna may consst of any of the followng: a. No exstng towers or structures are located wthn the geographc area whch meet the applcant's engneerng requrements. b. Exstng towers or structures are not of suffcent heght to meet the applcant's engneerng requrements. c. Exstng towers or structures do not have suffcent structural strength to support the applcant's proposed antenna and related equpment. d. The applcant's proposed antenna would cause electromagnetc nterference wth the antenna on the exstng towers or structures, or the antenna on the exstng towers or structures would cause nterference wth the applcant's proposed antenna. 4-0 Texas Townshp Zonng Ordnance clearzonng 7/8/206

103 e. The fees, costs, or contractual provsons requred by the owner n order to share an exstng tower or structure or to adapt an exstng tower or structure for sharng are unreasonable. Costs exceedng new tower development are presumed to be unreasonable. f. The applcant demonstrates that there are other lmtng factors that render exstng towers and structures unsutable. g. The applcant demonstrates that an alternatve technology that does not requre the use of towers or structures, such as a cable mcrocell network usng multple low-powered transmtters/ recevers attached to a wrelne system, s unsutable. Costs of alternatve technology that exceed new tower or antenna development shall not be presumed to render the technology unsutable. v. Setbacks. The followng setback requrements shall apply to all towers provded, however, that the plannng commsson may reduce the standard setback requrements f the goals of ths dvson would be better served thereby: Towers must be set back a dstance equal to 0 percent of the heght of the tower from any adjonng lot lne. Guys and accessory buldngs must satsfy the mnmum zonng dstrct setback requrements. v. Separaton. The followng separaton requrements shall apply to all towers provded, however, that the plannng commsson may reduce the standard separaton requrements f the goals of ths dvson would be better served thereby. a. Separaton from off-ste uses/ desgnated areas. () Tower separaton shall be measured from the base of the tower to the lot lne of the off-ste uses and/or desgnated areas as specfed n table B.v.a, except as otherwse provded n the followng table. (2) Separaton requrements for towers shall comply wth the mnmum standards establshed n table B.v.a. b. Separaton dstances between towers. Separaton dstances between towers shall be applcable for and measured between the proposed tower and preexstng towers. The separaton dstances shall be measured by drawng or followng a straght lne between the base of the exstng tower and the proposed base, pursuant to a ste plan, of the proposed tower. The separaton dstances between all types of towers shall be 5,000 feet. v. Collocaton and maxmum tower heght. The maxmum tower heght for a sngle user shall be 20 feet; for two users, 35 feet; for three users, 50 feet; and for four or more users, B.v.a. Separaton of towers from offste uses Off-Ste /Desgnated Area Sngle Famly or Duplex resdental unts, ncludng modular and moble homes used for lvng purposes Vacant Sngle Famly or Duplex resdentally zoned land whch s ether platted or has vald prelmnary subdvson plan approval Vacant unplatted resdentally zoned lands, ncludng any unplatted resdental use propertes wthout a vald prelmnary subdvson plan or vald development plan approval and any mult-famly resdentally zoned land greater than duplex. Exstng multfamly resdental unts greater than duplex unts Nonresdentally zoned lands or nonresdental uses Separaton Dstance 200 feet or 300 percent heght of tower, whchever s greater 200 feet or 300 percent heght of tower, whchever s greater, measured from the base of the tower to closest buldng setback lne 00 feet or 0 percent heght of tower, whchever s greater 00 feet or 0 percent heght of tower, whchever s greater None; only setbacks apply Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and 7/8/206 Texas Townshp Zonng Ordnance clearzonng 4-

104 Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and feet. The applcant shall dentfy the locaton for supportng such multple users and addtonal antennas wthout structural alteraton. Any tower ntended to have multple users shall be desgned, structurally, electrcally, and n all respects, to accommodate both the applcant's antennas and comparable antennas for the other users. Applcants proposng multple user towers shall furnsh a wrtten agreement provdng that the applcant shall not prevent or deny space on the tower for other users, and shall make the tower avalable to share at a far market rate as determned by customary ndustry standards. v. Securty fencng. Towers and guyed wres shall be enclosed by securty fencng not less than sx feet n heght and shall also be equpped wth an approprate antclmbng devce; provded, however, that the plannng commsson may reduce or wave such requrements, f the goals of ths dvson would be better served. v. Landscapng. A sx-foot tall landscaped screen s requred to effectvely screen the tower compound from adjacent resdental property, streets and publc property. In locatons where the vsual mpact of the tower would be mnmal, the landscapng requrement may be reduced or waved by the plannng commsson f the goal of ths dvson would be better served. x. Lghtng. The tower shall not be llumnated by artfcal means and shall not dsplay strobe lghts unless specfcally requred by the Federal Avaton Admnstraton or other federal or state authorty for the tower. If such lghtng s requred, t shall be orented nward so as not to project onto surroundng resdental property and the desgn chosen must cause the least dsturbance to surroundng propertes. x. Sgns. The use of any porton of a tower for sgns other than warnng or equpment nformaton s prohbted. x. Abandonment of unused towers or portons of towers. Abandoned or unused towers or portons of towers and assocated facltes shall be removed wthn 2 months of the cessaton of the operatons at the ste unless a tme extenson s approved by the plannng commsson. A copy of the relevant documents (ncludng the sgned lease, deed or land contract restrctons) whch requre the applcant to remove the tower and assocated facltes upon cessaton of the operatons shall be submtted at the tme of applcaton for ste plan revew. If a tower s not removed wthn 2 months of the cessaton of operatons at the ste, the tower and assocated facltes may be removed by the townshp and the costs of removal assessed aganst the real property. 4. Permtted uses. The followng use s specfcally permtted and shall not requre a specal use permt: Antennas or towers located on property owned, leased, or otherwse controlled by the townshp provded a lcense or lease authorzng such antenna or tower has been approved by the townshp 5. General requrements A. Prncpal or accessory use. Antennas and towers may be consdered ether prncpal or accessory uses. B. Lot sze. For purposes of determnng whether the nstallaton of a tower or antenna comples wth dstrct development regulatons, ncludng but not lmted to setback requrements, lot coverage requrements, and other such requrements, the dmensons of the entre lot shall control, even though the antennas or towers may be located on leased parcels wthn such lot. C. Aesthetcs. Towers and antennas shall meet the followng requrements. Towers shall ether mantan a galvanzed steel fnsh or, subject to any applcable standards of the Federal Avaton Admnstraton, be panted a neutral color so as to reduce vsual obtrusveness. 4-2 Texas Townshp Zonng Ordnance clearzonng 7/8/206

105 . At a tower ste, the desgn of the buldngs and related structures shall, to the extent possble, use materals, colors, textures, screenng, and landscapng that wll blend them nto the natural settng and surroundng buldngs.. If an antenna s nstalled on a structure other than a tower, the antenna and supportng electrcal and mechancal equpment must be of a neutral color that s dentcal to, or closely compatble wth, the color of the supportng structure so as to make the antenna and related equpment as vsually unobtrusve as possble D. Accessory buldngs. All buldngs and structures accessory to a tower or antenna shall be archtecturally desgned to blend n wth the surroundng envronment and shall meet the mnmum setback requrements of the underlyng zonng dstrct. Ground mounted equpment shall be screened from vew by sutable vegetaton, except where a desgn of nonvegetatve screenng better reflects and complements the archtectural character of the surroundng neghborhood. E. Ste plan. No tower, antenna or accessory buldng shall be constructed or nstalled except n conformance wth an approved ste plan. F. Antenna nstallaton. An antenna may be nstalled on an exstng structure other than a tower n any zone, provded the antenna shall not extend more than ten feet above the heght of the exstng structure, and the antenna and any accessory structures or facltes shall conform to the requrements of a specal excepton use permt and an approved ste plan. G. Unpaved drveways and parkng areas. Notwthstandng any other provson of ths chapter, the plannng commsson may approve unpaved drveways and parkng areas as part of a ste plan for a telecommuncatons tower and accessory buldngs and structures f the plannng commsson fnds from the evdence presented that pavng would not blend nto the natural settng; that the nature and extent of the use does not requre paved drveways and parkng areas for publc safety purposes; and that gravel (or other surfacng as specfed n the approved ste plan) wll be consstent wth the purpose and the ntent of ths chapter WIND ENERGY CONVERSION SYSTEMS. Purpose. The regulaton of wnd energy converson systems, ncludng the heght, mnmum lot area and requred setbacks for such systems, s ntended to provde for an alternatve source of power generaton whle protectng the health, safety and welfare of townshp resdents 2. Specal excepton use. Due to the concerns related to health, safety and welfare, such systems shall be regulated as specal excepton uses wthn all zonng dstrcts, provded such land area s suffcent to support ther development and operaton. The followng requrements shall be met and the plannng commsson may mpose addtonal condtons where approprate: A. In addton to the requrements of secton 36-6., the ste plan of the property shall show the locaton of overhead electrcal transmsson or dstrbuton lnes, whether utlzed or not, and the locaton of the WECS wth ts specfc dmensons, ncludng the entre area whch the rotor(s) may pass, the locaton of any guy wres or other support devces, and the locaton of all dwellng unts wthn 500 feet of the WECS. B. Each specal use permt applcaton shall be accompaned by a complete set (ether the orgnal or an accurately reproduced copy) of the manufacturer's nstructons whch shall, at a mnmum, nclude the followng:. A standard foundaton and anchor desgn or specfcatons for normal sol condtons;. Detaled nstructons for operaton and mantenance of the WECS on ste;. A copy of all warnngs and/or documents provded by the manufacturer of the WECS, ncludng rotor speed and use of governors; v. Groundng and lghtnng procedures protecton whch follow the Natonal Electrcal Code, Artcles 250 (Groundng) and 280 (Lghtnng Arresters); and v. Proof of nsurance. Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and 7/8/206 Texas Townshp Zonng Ordnance clearzonng 4-3

106 Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and v. In addton, the underwrters label shall be attached to the base of the tower and any subsystem, such as the generator, and the followng nformaton shall be ncluded: a. The name, address, and telephone number of the owner of the tower/subsystem; b. Manufacturer's name and address; c. Model number; d. Seral number; e. Emergency and normal shutdown procedures; f. The survval wnd speed n mles per hour and meters per second for the tower and the maxmum power output for the generator; g. Name of nstaller; h. Name of person responsble for mantenance; and. Emergency telephone number n force for the nstaller and the person responsble for mantenance. C. Electromagnetc nterference. The entre WECS (ncludng turbnes, alternators, generators, and nterconnect systems) shall be fltered and/or shelded to prevent the emsson of generated rado frequency energy whch would cause any nterference wth rado, and/or televson broadcastng or recepton, and shall comply wth Federal Communcaton Rules, 47 CFR, parts 5 (ncludng subparts A and F) and 8 (ncludng subparts A, D and H). D. Nose. The maxmum level of nose permtted to be generated by any WECS shall be 50 decbels, as measured on the DBA scale, measured at the property lne nearest the WECS. The plannng commsson may request that a baselne study of the decbel levels exstng pror to the nstallaton be ncluded as requred documentaton for revew. 3. Ste development. A. Lot area/setbacks. No small turbne/onste WECS shall be erected on any lot or parcel less than one acre n area and shall be stuated on the lot or parcel so that no porton of the tower or turbne s closer to above ground utlty lnes and/or property lnes than 0 percent of the heght of the tower as defned n subsecton (b) below.. Roof-mounted systems and towers [as defned n subsecton (b) below] that do not exceed the heght requrement wthn the underlyng zonng dstrct shall be exempt from ths lot area and setback provson. No large turbne/utlty grd WECS shall be erected on any parcel less than 20 acres n area and shall be stuated on the parcel so that no porton of the tower or turbne s closer to above ground utlty lnes and/or property lnes than 0 percent of the heght of the tower as defned n subsecton (b) below. B. Heght. The maxmum allowable heght for any small turbne/on-ste WECS, based upon the combned tower and rotor blade length, shall be 60 feet for parcels of one to less than fve acres, 20 feet for parcels of fve to less than ten acres, and up to 80 feet for parcels of ten acres or more. The maxmum allowable heght for any large turbne/utlty grd WECS, based upon the combned tower and rotor blade length, shall be 400 feet. The plannng commsson, n consderaton of such request, may wave these heght and parcel sze requrements where, n ther sole reasonable dscreton, they beleve that such proposed locaton does not negatvely mpact adjonng propertes. C. Ground clearance. For horzontal axs turbnes, the WECS rotor shall be located on the tower or support such that the mnmum blade clearance above ground level s at least 20 feet. For vertcal axs turbnes, the area protected from access shall be not less than 200% of the wdth of the system D. Accessblty. Towers shall be desgned and constructed n such a manner that clmbng devces are only accessble wth a separate ladder to a heght of no less than 2 feet, unless such access s nternal to the tower or smlar access control s utlzed. 4-4 Texas Townshp Zonng Ordnance clearzonng 7/8/206

107 E. Connecton to power grd. In the case of the WECS to be nterconnected wth the power grd of the local electrc utlty, the applcant shall provde proof of wrtten notce to the utlty of the proposed nterconnecton and the utlty's response thereto. The resdent shall comply wth all requrements of the servcng utlty f the WECS s nterfaced wth the utlty grd. The utlty wll nstall approprate electrc meterng (for sellback or non-sellback) and the customer wll be requred to nstall a dsconnectng devce adjacent to the electrc meter(s). F. Vbraton. Under no crcumstances shall a WECS produce vbratons humanly perceptble beyond lot boundares. G. Addtonal studes. The applcant may offer and submt, or the plannng commsson may requre, that the applcant submt studes related to nose, vbraton, or smlar ssues that may be consdered a nusance. In addton, such studes may nclude avan and wldlfe mpact, vsual mpacts, shadow flcker (changes n lght ntensty caused by the movng blade) or smlar ssues based upon compatblty of the proposed use n the requested locaton. 4. Decommsson plan/ste reclamaton. The applcant shall submt a plan that ndcates the antcpated lfe of the project, the estmated cost and method to ensure the avalablty of such funds, and the manner n whch the ste wll be reclamed MIXED USE DEVELOPMENT. Purpose. The ntent of provdng for mxed-use development s to allow for a wder range of uses n areas of the townshp where such use can acheve the goals of the developer whle retanng the compatblty of use assocated wth specal excepton use approval. Toward ths end, the potental range of uses that may be consdered ncludes resdental uses permtted wthn the R-3, R-4 and R-5 dstrcts, offce uses permtted n the O- dstrct, and commercal uses permtted n the C-, C-2 and C-3 dstrcts. The ntent s further drected at provdng for less-ntensve uses n more-ntensve dstrcts rather than more-ntensve uses n less-ntensve dstrcts (such as C- uses n I-3 but not I-3 uses n C-). 2. Locaton. An applcaton for mxed-use development may nclude land desgnated wthn the Texas Townshp Master Plan for medum- and hgh-densty resdental, offce, neghborhood, central and regonal commercal, and ndustral. Where the underlyng zonng does not allow for mxed-use development as a specal excepton use, only those uses permtted by rght shall be ncluded wthn that porton of the development area. Wthn ths type of applcaton, separaton between resdental use and more ntensve use (n the form of a greenbelt buffer or smlar screenng) may not be requred or desred. 3. Applcaton. An applcaton shall adhere to the process for all specal excepton uses under artcle VI, dvson 7, wth ths applcaton ncludng a separate submsson under artcle IV (Ste Plan Revew). The submtted ste plan shall dentfy the development area n total, the underlyng zonng dstrct(s) and any manmade features wthn 300 feet of the ste permeter. The plannng commsson shall frst consder the applcaton for specal excepton use and then consder the applcaton for ste plan revew. All condtons mposed on the approval of the specal excepton use shall be reflected on the fnal ste plan. 4. Condtons. The followng condtons shall apply to any applcaton for mxed-use development: A. The mnmum parcel sze for any development area shall be fve acres. Ths may nclude consoldaton of parcels for purposes of such applcaton. B. There shall be frontage of at least 330 feet along an exstng road, or an exstng publc road or prvate road that can support the scope of the proposed mxed use. C. Permeter setbacks shall adhere to the setback requrements for the underlyng zonng dstrct, unless located wthn the CBD, n whch case the Plannng Commsson shall determne what permeter treatment, f any, s needed to acheve compatblty between users. Interor setbacks between the proposed uses or separaton dstance between any proposed or exstng buldngs wthn the development area shall be ndcated on the ste plan. In no nstance shall ths setback or separaton for detached buldngs be less than ten feet, or the heght of the buldng, whchever s greater. Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and 7/8/206 Texas Townshp Zonng Ordnance clearzonng 4-5

108 Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and D. No less than 25 percent of the development area shall be preserved n open space, wth such open space to be located both nternally (to the beneft of the resdents, employees or patrons of the development) and along the permeter as a buffer from less ntensve uses. Emphass should be placed on pedestran movement wthn the ste and the connecton of the development area to any off-ste nonmotorzed facltes (sdewalks, bke lanes or bke paths). E. If the proposed development s to be constructed n phases, these must be dentfed on the ste plan and any ntal phase shall nclude a use that s a permtted use wthn the underlyng zonng dstrct, unless specfcally waved by the plannng commsson. In every nstance, the fnal mx of uses shall nclude a permtted use wthn the underlyng dstrct. F. The applcant may nclude other specal excepton uses from the underlyng zonng dstrct or from those dstrcts lsted for permtted uses under secton In no nstance shall the specal excepton use exceed a land area of more than 50 percent of the total development area unless specfcally waved by the plannng commsson. G. The development shall be served by publc sewer and water, utlze concrete curb and gutter and adhere to landscape standards lsted under subsecton 36-23(3)h EARTH REMOVAL, MINING AND PROCESSING OPERATIONS*. Generally. Pror to approval of a specal excepton use for earth removal, ncludng marl or peat removal, extracton or mnng, or for quarryng or gravel processng n any area of the townshp, the plannng commsson shall be certan the followng condtons and lmtatons are or shall be strctly compled wth, n addton to any other requrements contaned n the townshp zonng ordnance or n any other townshp ordnance controllng such operatons. The terms busness or operaton shall mean the entre scope of such busness, ncludng access and transportaton to and from such ste. 2. Locaton. A. The mnmum parcel sze shall be 40 acres. B. All such operatons shall be located on a prmary road, as defned by the County of Kalamazoo, for ngress and egress thereto, or on a road whch does not create traffc an area developed prmarly for resdental purposes. Where necessary, the plannng commsson may requre the applcant to construct and/or mprove a road to accommodate the truck travel necesstated by the operatons as a condton of such operatons, and for the purpose of routng traffc around resdental areas and preventng the breakng up of exstng roads whch are not "all weather" roads. Under no crcumstances shall trucks use prvate drves or prvate access routes whch are wthn 300 feet of any resdence. C. Suffcent setback shall be provded from all property lnes and publc hghways to assure adequate lateral support for adjacent publc and prvate property. No such busness shall be permtted closer than 200 feet from nteror boundary lnes of subject property, unless an approved mnng operaton s beng conducted on the adjonng property and/or the adjonng property owner consents n wrtng thereto and further provdng that all setback provsons contaned n ths ordnance are compled wth as appled to other propertes. In addton, no such busness shall be permtted wthn 300 feet of any resdence. D. No such busness shall be permtted wthn 50 feet of adjonng publc rghts-of-way except for the lowerng of land adjonng sad rghts-of-way to the grade level of sad rghts-of-way. However, f the authorty havng jursdcton over any partcular road consents n wrtng to a reduced setback, then the plannng commsson may allow for such use to no less than 50 feet of any road rght-of-way lne, f adequate screenng and all other provsons of the ordnance ncludng other setback regulatons are compled wth. Such busnesses shall at no tme be permtted where adequate lateral support for the mantenance of adjonng lands s not mantaned. 4-6 Texas Townshp Zonng Ordnance clearzonng 7/8/206

109 E. Processng plants shall be lmted to the processng of materals from the ste except n the I-3 zonng dstrct. A processng plant and any accessory structures shall not be located closer than 250 feet from any boundary lnes and publc rghts-of-way or less than 500 feet from any resdence, and shall, where practcable, be as close to the center of the subject property as possble and at a lower level than the surroundng terran to lessen vsual and nose mpact. The foregong shall not apply to the dggng or excavatng apparatus, the stockplng or loadng of materal, or the equpment used for transportaton of the materal. F. No such busnesses shall be located wthn 300 feet of the margn of any stream or waterway unless prevously approved, n wrtng, by the Mchgan Water Resources Commsson, the Mchgan Department of Envronmental Qualty, or such other state agency havng jursdcton thereof. No such operaton shall nterfere wth the natural establshed flow of surface waters or subsurface waters to the detrment or damage of adjonng publc or prvate propertes. The plannng commsson shall have the rght to requre an applcant to construct adequate sedment basns f t appears that any sedment may be carred nto any nearby watercourse. 3. Ste barrers and fencng. A. Ste barrers shall be provded wthn all setback lnes of the ste whch lack natural screenng condtons exstng contours or evergreen growth. Such barrers shall be constructed and n place before removal of any mnerals from the ste and shall consst of one or more of the followng:. Earth berms shall be constructed to a heght of ten feet above the mean elevaton n the centerlne of the adjacent publc hghway or ten feet above the general level of terran along nteror property lnes, as the case may be. Such berms shall have slopes that are not n excess of one foot vertcal to three feet horzontal and shall be planted wth grass or trees or shrubs.. Plantngs of evergreen trees not more than ten feet apart or shrubbery not more than fve feet apart, n three staggered rows parallel to the boundares of the property. Such plantngs shall consst of varetes whch wll grow to not less than ten feet n heght. Such plantngs shall be spaced to provde effectve ste barrers when ten feet n heght. Trees or shrubs whch de must be replaced.. Earth berms planted wth grass and evergreen trees or shrubbery as specfed n (b) above, provded that the total heght of the berm and the trees or the shrubbery, at the tme of plantng, wll be at least ten feet above the general level of the terran along nteror property lnes or the mean elevaton of the center lne of the adjacent publc hghway, as the case may be. B. The mnmum ten-foot requrement for screenng by means of a berm and/or plantngs may be reduced by the plannng commsson to not less than sx feet n heght f the partcular ste and terran, wth screenng of a reduced heght, wll afford adequate ste barrers. Ths mnmum requrement for screenng may also be ncreased by the plannng commsson to no more than 5 feet f addtonal ste barrer s needed wthn a gven locaton. 4. Nusance abatement. Ar polluton, nose and vbratons shall be mnmzed as to ther effect upon adjacent propertes by the utlzaton of adequate soundproofed equpment (ncludng moton detectors rather than back-up beepers where permtted), buldngs that are located and desgned to accomplsh such mnmzaton and by the proper use of berms, walls and natural plantng screens. Interor and adjonng roads used n the operaton shall have ther surface treated to mnmze any such condtons, ncludng specfc dust control measures. All abatement measures shall comply wth any other townshp ordnances and state laws related to nose, blght or other defned nusance. Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and 7/8/206 Texas Townshp Zonng Ordnance clearzonng 4-7

110 Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and 5. Tme lmts. The plannng commsson shall approve both the hours of operaton and the duraton of the mnng actvty and may make alteratons or mpose condtons durng the annual revew f complance wth the orgnal terms s no longer feasble. At a maxmum, such operatons shall be conducted between the hours of 7:00 a.m. and 6:00 p.m. Monday Frday and some Saturday hours may be allowed. Any mantenance of equpment shall be conducted wthn an enclosed buldng f occurrng outsde the operatng tme lmts for the busness. No operaton shall occur on legal holdays and Sundays. The plannng commsson may establsh a termnaton date for the mnng or excavatng of any gven area due to ts proxmty or vsblty from resdental dstrcts or property used for resdental purposes. The maxmum duraton for the operaton shall be no more than ten years unless extended by the plannng commsson durng an annual revew based upon mnng actvty levels less than prevously antcpated. 6. Fencng/lghtng. Any dangerous excavatons, dangerous pts, dangerous pond areas, dangerous banks or dangerous slopes shall be adequately guarded or fenced and posted wth sgns around the permeter thereof to prevent njury to chldren or other persons, and such dangerous condtons shall be elmnated as expedently as possble. Securty lghtng may be permtted by the plannng commsson, but shall be algned so that no part of the llumnaton shall fall on any adjonng resdental property, and the heght, locaton and type of lghtng shall be such that lghts do not cause glare onto adjonng property. 7. Lablty nsurance. All applcants shall be requred to carry personal njury and property damage nsurance whle any unreclamed or unrehabltated area exsts, n the amount of not less than $,000, for each person njured or property damaged and not less than $2,000, for njury or damage to more than one person or more than one person's property arsng out of one occurrence. Such nsurance shall cover njury or damage occurrng upon the ste of the operatons as well as upon propertes adjonng thereto, as the result of condtons or actvtes exstng upon the ste. Such polces shall be fled wth the townshp clerk. 8. Parkng. The use shall have off-street parkng facltes to satsfy peak parkng needs. 9. Reclamaton of mned areas. A. Reclamaton or rehabltaton of mned areas shall be accomplshed as provded for n the permt followng the mnng or excavaton of an area. Where possble, such rehabltaton or reclamaton shall be accomplshed concurrently wth the mnng or excavaton operatons. Substantal completon of reclamaton rehabltaton shall be effected wthn two years after termnaton of mnng or excavaton actvty. Inactvty for a 2-month consecutve perod shall consttute, for ths purpose, termnaton of mnng actvty. B. The followng standards shall control reclamaton rehabltaton. All excavatons shall be ether to a water producng depth of not less than fve feet below the average summer level of water n the excavaton, or shall be graded or backflled wth nontoxc, nonflammable, nonorganc and noncombustble solds. The reclamaton plan shall dentfy to the satsfacton of the plannng commsson the materals to be used.. Excavated areas shall not collect stagnant water and shall not permt the same to reman theren.. Surface that s not permanently submerged shall be graded and backflled as necessary to produce a gentle rollng surface that wll mnmze wnd and water eroson, and whch wll be generally compatble to the adjonng land area. v. The banks of all excavatons shall be sloped to the water lne n a waterproducng excavaton and to the pt floor n a dry operaton, at a slope whch shall not be steeper than one foot vertcal to three feet horzontal. Some mnng wthn the setback areas may occur only durng the constructon of the berms subject to revew and approval by the plannng commsson. Water-producng excavatons shall have a reasonably level bottom, free of sharp drop-offs or holes. 4-8 Texas Townshp Zonng Ordnance clearzonng 7/8/206

111 v. Topsol of a qualty equal to that occurrng naturally n the area shall be replaced on excavated areas not covered by water, except where streets, beaches or other planned mprovements shall be completed wthn two years of termnaton of mnng or excavaton operatons. When used, topsol shall be appled to a mnmum depth of four nches suffcent to support vegetaton. v. Vegetaton shall be restored by the approprate seedng of grasses or the plantng of trees and shrubs, to establsh a permanent vegetatve cover on the land surface to mnmze eroson. The plannng commsson may requre the seedng and plantngs to conform to the standards and specfcatons adopted by the Kalamazoo County Sol Conservaton Dstrct and as they may be amended from tme to tme. v. Upon cessaton of mnng operatons by abandonment or otherwse, the applcant, wthn a reasonable perod of tme not to exceed 2 months thereafter, shall remove all plant structures, buldngs, stock ples and equpment, provded that buldngs and structures whch have a functon under the reclamaton plan whch can be lawfully used under requrements of the zonng dstrct n whch they wll be located under such plan, may be retaned. C. Fnancal guarantee shall be furnshed the townshp nsurng the proper rehabltaton reclamaton of mned and excavated areas pror to the commencement of any such mnng or excavatng operatons. The amount of the guarantee shall be not less than $0, per acre proposed to be mned or excavated n the followng 2- month perod and whch has prevously been mned or excavated durng any precedng perod and not reclamed or rehabltated n accordance wth ths dvson n the applcant's fled plan. Mned areas resultng n a water depth of fve feet or more shall be deemed to be reclamed areas to wthn 5 feet of any shore lne thereof and to the extent of the shore lne where the same has been sloped to a grade of not more than one foot vertcal to three feet horzontal, for the purpose of ths fnancal guarantee. Such fnancal guarantee shall be revewed annually, on or about the annversary date of the excavaton permt, for adjustment n complance of the foregong requrements by the zonng admnstrator of the townshp or such other offcal as may be desgnated by the townshp board. Such fnancal guarantee may be n the form of cash, certfed check, a revocable bank letter of credt, or corporate bond of a lcensed nsurance company. 0. Submsson of operatonal and reclamaton plans. No specal excepton use permt for earth removal, quarryng, gravel processng, mnng and related mneral extracton busnesses shall be approved, nor shall any such actvty be allowed or commenced untl a plan has been submtted to the plannng commsson, dsclosng complance wth all of the provsons of ths dvson or the manner of whch complance wll be secured by the applcant. Such plans shall nclude, among other thngs, the followng: A. A contour map of the tract of land nvolved n the operatons, ncludng dmensons of the same, access thereto abuttng publc streets, and whether or not the same are on all-weather roads, addtonal roads, f any to be constructed and the locaton and nature of abuttng mprovements on adjonng property. The truck haul route for the operaton shall be shown on the vcnty map for the ste. B. The number of acres and the locaton of the same proposed to be operated upon wthn the followng 2-month perod after commencement of operatons. C. Type of mnng or processng proposed to be conducted and the nature of the equpment to be used. D. Locaton of the prncpal processng plant, berms, drveways and the dstance of any proposed excavaton or mnng and the boundares of the ste. E. A map or plan dsclosng the approxmate fnal grades and levels to be establshed followng the completon of the mnng operatons, ncludng the proposed uses beng contemplated for the land, future lakes and roads, such other matters as may evdence the bona fde nature of the reclamaton rehabltaton plans and the fact that the land wll not be devastated and rendered unusable by the proposed mnng actvtes. Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and 7/8/206 Texas Townshp Zonng Ordnance clearzonng 4-9

112 Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and. Hearng. A. After recevng an applcaton for a permt or for an extenson or renewal of a permt for an earth removal, quarryng, gravel processng, mnng or related mneral extracton busness accompaned by the requred plans and specfcatons and permt fee, the plannng commsson shall hold a publc hearng upon such applcaton. B. Followng such hearng, sad board shall grant or deny the applcaton and set forth ts reasons for ts decson. Such decson shall be based upon the crtera set forth n ths ordnance and shall be based, n addton, on a consderaton of the followng:. The most advantageous use of the land, resources and property.. The character of the area n queston and ts partcular sutablty, f any, for partcular uses.. Conservaton of property values, as well as natural resources and the general approprate trend and character of development n the subject area. v. The protecton and preservaton of the general health, safety and welfare of the townshp. v. The scarcty or value of mnerals sought to be mned as compared wth the effect upon the adjacent communty of the proposed operatons. v. In makng any decson, the plannng commsson shall have the rght and authorty to mpose such addtonal condtons and safeguards as t deems necessary for the protecton of the health, safety and general welfare of the neghborhood and of the adjonng resdence and property owners. It may provde for a perodc revew of the proposed operatons to ascertan complance wth the condtons and lmtatons mposed upon the same. It shall be authorzed to renew or extend the permt where all standards and condtons are compled wth and may revoke or refuse to renew the same where non-complance exsts. The revocaton or falure to renew or extend the permt shall not release the applcant from the duty of rehabltaton or reclamaton of sad mnes or dsturbed area. 2. Exstng mnng operatons. All exstng mnng operatons, gravel processng operatons or quarryng operatons exstng on the effectve date of ths dvson [May 20, 2003] shall be subject to the wthn regulatons wth regard to future operatons. A specal excepton permt shall not, however, be requred unless changes are proposed to the operaton that ncrease the potental mpact of such operaton on adjonng propertes RIDING STABLES. The mnmum lot area for any one rdng stable shall comprse at least 40 acres. 2. The use shall have frontage on an exstng or offcally proposed road havng a major or greater road classfcaton. 3. The use shall have off-street parkng facltes to satsfy peak parkng needs. 4. Buldngs shall have a front lne setback of 00 feet and a sde lne setback of 300 feet where the lot on whch the buldng s located s adjacent to any resdental property. 5. The area so used shall be completely fenced wth 48-nch hgh woven wre, topped wth at least one strand of barbed wre. 6. A mnmum of at least /2 acres for each horse PRIVATE AIRFIELDS OR AIRCRAFT LANDING STRIPS. No prvate arfeld or arcraft landng strp may be constructed on any property unless the owner thereof has at least 20 acres of contguous property and also the ste plan drawn to scale showng the locaton and dmensons of the arfeld and the setback from adjonng property lnes, wres and poles, adjonng roads and nearby resdences has been approved by the plannng commsson. 2. The plannng commsson shall determne that the prvate arfeld or landng strp wll not adversely affect the use and enjoyment of adjonng propertes or consttute a safety hazard and that there wll be adequate setback dstances from adjonng property lnes of not less than 200 feet from the ends of the prvate arstrp to any boundary lne of the property and that there wll be adequate clearance of any 4-20 Texas Townshp Zonng Ordnance clearzonng 7/8/206

113 telephone or power lnes or other obstructons whch may pose a threat to the landng and takeoff of arcraft. 3. The arstrp may not be constructed closer than 500 feet to any exstng resdence other than the property owner's resdence or a resdence located on the subject property. Under no crcumstance shall any commercal use be made of any such prvate landng strp such as by allowng other persons or frms to use the landng strp. 4. The landng strp shall be for the sole use of the prncpal occupant s prvate arcraft BARNS OR SIMILAR STRUCTURES IN RESIDENTIAL DISTRICTS Where permtted n resdental dstrcts, such barns or accessory structures may be utlzed for the keepng of lvestock, excludng swne, whch are prohbted, subject to the followng condtons:. No buldng or shelter for such anmals shall be located less than 200 feet from any adjonng resdence under separate ownershp, nor less than 50 feet from any adjonng resdental property under separate ownershp or have any open enclosure for such anmals less than 00 feet from any adjonng resdence under separate ownershp. 2. No parcel of land for such purposes shall be less than two acres, whch would allow one head of lvestock. 3. Areas used for the temporary storage of manure shall be not less than 200 feet from a publc street or adjonng resdence under separate ownershp. All accumulaton of manure shall be removed on a weekly bass. 4. One and one-half addtonal acres shall be provded for each one addtonal head of lvestock RESEARCH AND RELATED USES IN THE INDUSTRIAL DISTRICTS All such uses n Industral Dstrcts shall be subject to the followng condtons:. These uses nclude only the followng types of uses: whch shall nclude only the followng types of uses: scentfc, ndustral or busness research and testng laboratores; any use charged wth the prncpal functon of educatonal or techncal tranng; hosptals and clncs for the treatment of anmals; the rasng of anmals for research purposes; and executve or admnstratve offce buldngs and accessory uses or buldngs whch are ncdental to such research actvtes 2. All such uses and actvtes shall be conducted wthn a fully enclosed buldng; provded, however, that the plannng commsson shall have dscreton, n passng upon such specal excepton use, to permt outdoor actvtes under such terms and condtons as the plannng commsson shall deem advsable. 3. No unreasonable or unnecessarly loud nose or dsturbance shall be created whch shall be njurous to the health, peace or quet of the resdents and property owners of the townshp. Specfcally, nose shall not exceed 80 decbels as measured at the property lne between the hours of 7:00 a.m. and 0:00 p.m. In addton, nose shall not exceed 75 decbels as measured at the property lne between the hours of 0:00 p.m. and 7:00 a.m. 4. No obnoxous, toxc, or corrosve fumes or gases shall be emtted whch s njurous to the health, safety or welfare of the resdents and property owners of the townshp. 5. No smoke, odorous gases or other odorous matter shall be emtted n such quanttes as to be offensve to the health, safety and general welfare of the resdents and property owners of the townshp at or beyond any boundary of the use of the parcel. For the purpose of gradng the densty of smoke, odorous gases or other odorous matter, the shade or appearance of smoke whch s equal to but not darker than No. of the Rnglemann Chart, as publshed and used by the Unted States Bureau of Mnes, may be emtted for a perod not exceedng four mnutes n any 30 mnutes. 6. No dust or other partculate matter may be released that s detectable at the lot lne. 7. No physcal vbratons whch are detectable at the lot lne shall be produced. Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and 7/8/206 Texas Townshp Zonng Ordnance clearzonng 4-2

114 Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and 8. No radoactve materals that exceed quanttes establshed by the Unted States Bureau of Standards shall be dscharged. 9. No actvty nvolvng the storage, use or manufacture of materals that decompose by detonaton may be carred on. 0. No heat shall be produced at the lot lne so ntense as to be a publc nusance.. No such use may cause llumnaton by lght or glare at or beyond any resdental dstrct boundary n excess of 0. footcandle n any plan. 2. All uses shall be connected to a publc santary sewer dsposal faclty SPECIAL EXCEPTION USES IN THE I-3 SERVICE INDUSTRIAL DISTRICT Where an ndustral use meets the ntent of the chapter and where all work s carred on wthn an enclosed buldng, and whch does not emanate nose, vbraton, odor, smoke, lqud wastes, or lght to such an extent as to be objectonable to surroundng propertes. A determnaton of the board of appeals establshed under state statute and ths chapter shall be conclusve on any questons of nusance or objectonableness of any busness or operaton under the terms of ths secton ACCESSORY USES IN THE EBT DISTRICT. Any such use shall be located wholly wthn the buldng of the prncpal use whch t serves, and shall be conducted solely for the convenence of the occupants of such buldng, and shall have no exteror advertsng or dsplays 2. Accessory uses shall occupy no more than 25 percent of the total floor area of the buldng n whch they are located; 3. No outdoor storage shall be permtted HOME OCCUPATIONS. Class A Home Occupatons. An occupaton that meets all of the crtera for a home occupaton set forth n subsecton 2 of ths secton, that does not have a sgn, and that does not nvolve any physcal presence at the dwellng by customers or by busness assocates not resdng n the dwellng shall be allowed as a permtted accessory use and shall not be deemed a home occupaton requrng a specal excepton use permt. 2. Class B Home Occupatons. Any person wshng to operate a home occupaton must petton the plannng commsson for the grant of a specal excepton use accordng to the provsons of Chapter 7 of ths artcle. A specal excepton use for a home occupaton shall be granted only f t comples wth all of the followng condtons: A. That t s lmted to a sngle-famly or twofamly semdetached dwellngs and s operated n ts entrety wthn the sngle dwellng and not n a garage or accessory buldng, and only by the person, or persons, mantanng a dwellng theren. B. That t does not have any employees, or regular assstants not resdng n the dwellng. C. That the dwellng does not have any exteror evdence, other than a permtted sgn attached to the dwellng, to ndcate that the buldng s beng utlzed for any purpose other than that of a dwellng. D. That the occupaton conducted theren s clearly ncdental and secondary to the resdental use of the buldng. E. No artcle or servce s sold or offered for sale on the premses except as s produced on the premses by the home occupaton or s clearly ncdental and drectly related to the prncpal actvty consttutng the home occupatons. F. It shall not requre nternal or external alteratons or constructon features, equpment, machnery, outdoor storage, or sgns not customary n resdental areas. G. That t does not utlze more than 20 percent of the gross floor area, but not to exceed 300 square feet, n the sngle unt dwellng Texas Townshp Zonng Ordnance clearzonng 7/8/206

115 3. The followng shall not be deemed home occupatons: medcal clncs or offces, hosptals, nurseres, chld care facltes, barbershops and beauty salons (except barbershops and beauty salons lmted only to one operator provded there s suffcent offstreet parkng to accommodate peak parkng demands as determned by the plannng commsson), tearooms, veternaran clncs or offces, kennels, and other occupatons determned by the plannng commsson to be smlar to the occupatons lsted n ths subsecton ADULT USES. Purpose. In the development and executon of ths dvson, t s recognzed that there are some uses that, because of ther very nature, have serous objectonable operatonal characterstcs, partcularly when several of them are concentrated n an area, thereby causng a deleterous effect upon the adjacent areas. These uses are referred to n ths dvson as "adult regulated uses." The secondary effects of the uses so regulated have been recognzed and documented n other communtes, and reports of those effects have been revewed and consdered by the townshp. Regulaton of adult regulated uses s drected at protecton of the health, safety and welfare of townshp resdents the establshment of condtons under whch such uses may be approved. The ntent s to mnmze the negatve mpacts of such uses, ncludng potental blght and possble crmnal actvty assocated wth such adult uses. It s not the ntent of ths ordnance to regulate the content of materals assocated wth the use, but to requre the separaton of ncompatble uses that may result n loss of property value. 2. Dstrct. Adult regulated uses are specal excepton uses wthn the I- Industral dstrct. Such uses are deemed to be ncompatble wth uses permtted wthn the agrcultural, resdental and commercal dstrcts, and the ste development regulatons provde for ncreased setback and lot area to further reduce such ncompatblty. 3. Condtons. In order to reduce or mtgate the ncompatblty of such uses wth surroundng uses, the followng condtons shall apply for adult regulated uses, n addton to the condtons and regulatons of dvson 7 that apply to all specal excepton uses: A. All such facltes shall meet any state lcensng requrements, fre regulatons or other state or local requrements for operaton. B. All such facltes shall provde for separate male and female restrooms and such restrooms shall be free to the publc. C. The entrance to such facltes shall be clearly posted "for adults only" and anyone enterng the faclty shall be asked for permanent dentfcaton to determne that no person under the age of 8 s allowed. D. Sgnage shall adhere to the townshp sgn regulatons and no advertsement shall be vsble from the exteror of the faclty related to the dsplay or descrpton of materals defned as "specfed sexual actvtes" or specfed anatomcal areas" or any language consdered slang provdng for the same descrpton. E. A ste plan shall be submtted whch meets the townshp's standards for ste plan revew, ncludng landscapng and lghtng that wll decrease the ncompatblty wth surroundng uses. The ste plan shall also ndcate any exstng uses, buldngs or structures wthn 500 feet of the property. F. The ste for such adult regulated use shall not be located wthn 500 feet of any places of worshp, schools, publc parks or publc buldngs. G. The ste for such adult regulated use shall not be located wthn 500 feet of any resdence or resdental zonng dstrct. H. The ste for such adult regulated use shall not be located wthn,000 feet of any other adult entertanment use as defned n ths dvson. I. Parkng areas shall be well lt and no loterng or congregaton of patrons outsde of the faclty shall be allowed by the propretor of the busness. J. The applcant shall ndcate what hours of operaton are planned, and demonstrate that those hours of operaton wll satsfy the requrements of ths dvson for a specal excepton use. Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and 7/8/206 Texas Townshp Zonng Ordnance clearzonng 4-23

116 Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and 4. Exempt uses. Any use that s lcensed or certfed for purposes of other professonal servce, ncludng barbers or beautcans, massage or physcal therapsts, athletc traners or other professons where bodly contact s antcpated as part of the servce, shall be exempt from these provsons so long as the use does not extend to provdng servces smlar to those dentfed under ths secton SOLID WASTE TRANSFER FACILITIES. Generally. Pror to approval of the plannng commsson of a specal excepton use for a sold waste transfer faclty, as defned n ths artcle, n any area of the townshp, the plannng commsson shall be certan that the followng lmtatons and condtons are or shall be strctly compled wth, n addton to any other requrements contaned n ths chapter or n any other townshp ordnance controllng such operatons. These lmtatons and condtons shall apply not only to sold waste transfer facltes establshed as a specal excepton use n the I-3 ndustral dstrct servce zonng classfcaton, but shall also apply to sold waste transfer facltes hereafter establshed n any other area of the townshp by vrtue of the provsons of Part 5 of Publc Act No. 45 of 994 (MCL et seq.). The rules and regulatons of ths artcle shall apply specfcally to each transfer faclty, unless county or state regulatons on any partcular requrement are more restrctve, and then such more restrctve regulaton may apply. 2. Locaton. A. All such operatons shall be located on a state hghway or all-season county prmary road, as defned by the county road commsson, for ngress and egress thereto, and on a road whch does not create traffc an area developed prmarly for resdental purposes. Where necessary, the plannng commsson may requre the applcant to construct and/or mprove a road to accommodate the truck travel necesstated by the operatons, as a condton of such operaton, and for the purpose of routng traffc around resdental areas. A stop sgn shall be erected and mantaned by the owner/ operator at all egress roads of the dsposal area. Under no crcumstances shall trucks use prvate drves or prvate access routes from the applcants' property whch are wthn 50 feet of any resdence. B. No such transfer faclty shall be permtted closer than 00 feet from the nteror boundary lnes. In addton, no transfer faclty shall be permtted closer than 300 feet to any domcle, or wthn 300 feet of any resdental dstrcts. No such transfer faclty operatons shall be permtted closer than 00 feet to adjacent publc rghts-ofway, property lnes or lakes and streams. C. Any permanent processng plant and ts accessory structures shall not be located closer than 250 feet from the nteror boundary lnes. In addton, f located wthn,000 feet of a resdence, t shall be obscured by a sutable barrer, not less than ten feet hgh, wth screenng, of a type to be decded on an ndvdual bass, by the plannng commsson at the tme of applcaton. Where practcable, the processng plant shall be as close to the center of the subject property as possble, and at a lower level than the surroundng terran to lessen vsual and nose mpact. The provsons of ths subsecton shall not apply to the dggng or excavatng apparatus, nor to the stockplng or loadng and transportaton equpment. D. No such transfer faclty shall nterfere wth the establshed natural flow of surface waters, to the detrment or damage to adjonng publc or prvate propertes. The plannng commsson shall have the rght to requre an applcant to construct adequate sedment basns f t appears that substantal sedment may be carred nto any nearby watercourse. E. Any transfer faclty, located wthn the boundares of the townshp, whether publcly or prvately owned, shall be open to townshp resdents, property owners and busnesses, durng establshed busness hours, at a rate compettve wth other transfer facltes n Southwestern Mchgan. Other persons or partes may also be granted access to a publc faclty, subject to payng charges as determned by the publc body havng jursdcton. Prvate waste transfer facltes shall provde servce to all persons and busnesses, regardless of where located. Specal handlng fees may be charged for bulky or dffcult to process tems. Hazardous materals, as defned n Part of Publc Act No. 45 of 994 (MCL et 4-24 Texas Townshp Zonng Ordnance clearzonng 7/8/206

117 seq.) and defned by the Department of Envronmental Qualty n ts Hazardous Waste Management Rules, Sectons R nclusve, contanng Rules exclusvely, and dated December 28, 985, are prohbted. F. Greater solaton dstances may be requred by the plannng commsson f the transfer faclty beng proposed s adjacent to specal quet zones, as desgnated by local or state government. G. All unloadng, compacton, reloadng and related actvtes shall take place wthn enclosed structures except that the plannng commsson may approve provsons to receve waste and trash from small prvately owned vehcles. 3. Sght barrers and fencng. A. Sght barrers shall be provded along all setback lnes of the stes whch lack natural screenng condtons exstng contours or evergreen growth. Such barrers shall consst of the followng: A berm of at least ten feet n heght and plantngs of evergreen trees, not more than ten feet apart, or shrubbery not more than fve feet apart, n staggered rows, on the berm, parallel to the boundares of the property. Evergreens shall be at least twoyear transplants at the tme of plantng, and shall grow to not less than ten feet n heght, and shall be suffcently spaced to provde effectve sght barrers when ten feet n heght. Trees or shrubs whch de must be replaced. The requrements for screenng by means of a berm and plantngs may be reduced or elmnated by the plannng commsson f the partcular ste and terran of the subject property (wth screenng of a reduced heght) wll afford adequate sgn barrers for adjonng property owners, resdents or passersby. B. The transfer faclty area s to be fenced wth an eght-foot hgh chanlnk fence wth three strands of barbed wre, angled 45 degrees toward the outsde of the premses on the top. Such fence shall be located nsde of any berms or screenng followng the exteror boundares. The entrance to the transfer faclty area shall have a gate whch shall be closed and locked at all tmes that the transfer faclty s not open. 4. Nusance abatement A. Ar polluton, nose and vbraton, and ther effect upon adjacent propertes shall be mnmzed by the utlzaton of adequate soundproofed equpment and buldngs desgned to accomplsh such mnmzaton, and by the proper use of berms, walls and natural plantng screens. Interor and adjonng roads used n the sold waste transfer operatons shall have ther surfaces treated to mnmze any adverse condton. B. Rodent traps, f needed, shall be placed every 00 yards, around the permeter of the transfer faclty area, nsde the fence, and shall be regularly nspected and cleaned, not less frequently than once each week. C. Any securty lghtng deemed necessary by the owner/operator shall be algned so that no part of the llumnated feld shall fall on any adjonng resdental property. D. Every transfer faclty, whch accepts refuse, shall have adequate water supply and facltes for quck delvery of water to any part of the property for the purpose of extngushng fres. Capacty shall be such that at least 50 gallons of water per mnute can be appled to any fre, contnuously, for at least ten hours. The source of the water supply and the facltes to provde for the delvery of the water shall be ndcated on the plans submtted for approval by the plannng commsson. E. All ltter shall be collected from the transfer faclty ste by the end of each workng day and stored n a covered contaner. F. Dumpng, compacton and reloadng areas shall be hosed clean at the end of each day 5. Tme lmts. A. All operatons, other than the mantenance of equpment wthn a fully enclosed buldng, shall be conducted only between the hours of 7:00 a.m. and 6:00 p.m. Monday Frday, and 7:00 a.m. and 3:00 p.m. on Saturdays and legal holdays. A sgn statng the hours and prohbtng operaton at other tmes shall be placed n a conspcuous locaton at the entrance. B. Keys for admttance to the transfer area shall be gven to the townshp clerk. Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and 7/8/206 Texas Townshp Zonng Ordnance clearzonng 4-25

118 Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and C. Transfer facltes shall have qualfed personnel on duty at all tmes to drect the recevng and transfer operaton. 6. Lablty nsurance. All applcants shall be requred to carry personal njury and property damage nsurance, n addton to any and all bonds requred by state statute, whle the faclty s n operaton. Such nsurance shall be n the amount of not less than $,000, for each person njured or property damaged, or for any njury or damage to more than one person or one person's property, arsng out of one occurrence. Such nsurance shall cover njury or damage occurrng upon the ste of the operaton, as well as upon propertes adjonng thereto, as the result of condtons or actvtes exstng upon the ste. Such polces shall be fled wth the townshp clerk, and shall be mantaned n effect for a perod of not less than fve years followng fnal closure and termnaton of transfer faclty actvtes. The deductble wrtten nto the nsurance polcy shall not exceed fve percent of the per ncdent lmt of the lablty of the polcy. The coverage obtaned by the owner/operator to fulfll the requrements of ths secton shall nclude the provsons that ths secton shall nclude the provson that the nsurer shall notfy the townshp 30 days pror to the cancellaton of the nsurance for any reason. 7. Submsson of operatonal plans A. No transfer faclty actvtes shall be allowed or commenced untl a plan has been submtted to the townshp plannng commsson, dsclosng complance wth all of the provsons wthn ths chapter, or the manner n whch complance wll be secured by the applcant. Such plans shall nclude, among other thngs, the followng:. A contour map of the tract of land nvolved n the operatons, ncludng dmensons of the land, access thereto, abuttng publc streets, and whether or not the streets are on state or county prmary roads, addtonal roads, f any, to be constructed and the locaton and nature of abuttng mprovements of adjonng propertes.. The number of acres and the locaton of the acres, proposed to be operated upon wthn the followng 2-month perod after commencement of operatons.. The type of transfer faclty proposed to be constructed, the nature of the equpment to be used and the materals to be accepted. v. A survey by a regstered surveyor, showng the locaton and the boundares of the ste. v. A ste plan dsclosng the locaton and dmensons of all structures and the fnal grade and the levels to be establshed followng completon of the constructon. 8. Crtera A. A recommendaton by the plannng commsson and approval by the townshp board shall be based upon the crtera set forth wthn such ordnance and shall be based, n addton, on a consderaton of the followng:. The most advantageous use of the land, resources and property.. The character of the area n queston and ts partcular sutablty, f any, for the partcular use.. Conservaton of property values as well as natural resources and the general approprate trend and character of development n the subject area. v. The protecton and preservaton of the general health, safety and welfare of the townshp. v. The scarcty or value of transfer facltes as compared wth the effect upon adjacent communtes near the proposed operaton. B. The plannng commsson may provde for a perodc revew of the proposed operatons to ascertan complance wth the condtons and lmtatons mposed upon such operatons. 9. Exstng transfer faclty operatons. All lcensed transfer faclty operatons exstng on the effectve date of the ordnance from whch ths chapter s derved shall be subject to the wthn regulatons wth regard to future operatons; however, such preexstng transfer faclty shall be allowed to contnue n operaton on ts then exstng land. A specal excepton use shall not be requred for such preexstng transfer faclty Texas Townshp Zonng Ordnance clearzonng 7/8/206

119 MOBILE HOME PARK REGULATIONS. Moble homes not complyng wth the defnton of a "dwellng" for the purpose of ths chapter cannot be used for habtaton except wthn moble home parks. 2. Moble home park dstrcts shall have frontage on a prmary or major county street, or smlarly adequate thoroughfare of a state trunklne. 3. Moble home park dstrcts shall not be less than 20 acres n sze. 4. The owner of every moble home park whch les mmedately adjacent to a resdental dstrct shall provde a screenng area separatng such park from the adjonng resdental dstrct. The screen shall be n the form of ether a wall, fence, or evergreen plantng whch s compact and mantaned n good condton at all tmes. The heght of the screen shall not be less than fve feet, except where the screen would nterfere wth traffc safety, n whch case t may be reduced n heght to, but not less than, three feet n heght. Adequate landscapng shall also be provded, by the owner of the moble home park, wthn the front yard setback area between the moble home stes and any publc street so as to provde an attractve frontage upon such street. 5. All nteror drves wthn a moble home park shall be paved wth asphalt or smlar hardsurface to a mnmum wdth of 36 feet, ncludng curb and gutter. Paved parkng spaces for two automobles shall be provded on each moble home ste. 6. Sdewalks not less than four feet wde, constructed of asphalt or concrete shall be provded, extendng between ndvdual moble home stes and the park servce buldngs. 7. Interor drves and walkways shall be lghted at ntervals of not more than 00 feet by electrc lamps of not less than 00 watts each. 8. Each moble home ste shall contan an area of not less than 7,000 square feet and shall have a wdth of not less than 70 feet. 9. Each moble home ste shall be well-draned and be provded wth a concrete slab base for the storage of the moble home and shall have ts own electrc servce and sewer connectons approved by the townshp. 0. No moble home wthn a park shall be wthn 35 feet of a resdental dstrct boundary.. Where ndvdual fuel ol tanks are used above ground level, they shall be placed on permanent masonry foundatons of unform desgn. 2. Ste and development plans of new moble home parks or addtons to exstng parks shall be submtted to and approved by the townshp board, or ts authorzed representatves, as such may be desgnated from tme to tme by the board, and no moble home park shall be lcensed or lcensable unless the plans are frst approved by the townshp board, or ts authorzed representatve. 3. Every moble home park establshed wthn the townshp shall be nspected perodcally by an offcal desgnated by the townshp board. The frequency of such nspectons, and any fees assocated thereto, shall be determned by the townshp board. 4. Every moble home shall be self-contaned and have ts own tolet and bath facltes. 5. The electrcal dstrbuton system of every moble home park shall be underground and comply wth the Natonal Electrcal Code. 6. Moble home parks shall have a santary sewer system connected to a publc or muncpal sewer system and shall have a water system connected to a publc or muncpal water system. Fre hydrants shall be nstalled and connected wthn 200 feet of any moble home ste or other structure n the park. 7. Postal servce shall be provded at a central buldng wthn the moble home park or at each moble home ste, but not on the man street descrbed n subsecton (2) of ths secton. 8. Each moble home ste shall be provded wth adequate devces, approved by the townshp, for securng each moble home aganst hgh wnds PLANNED UNIT DEVELOPMENT USE STANDARDS. Ths secton provdes enablng authorty and standards for the submsson, revew, and approval of specal excepton use applcatons for planned unt developments. It s the ntent of ths dvson to authorze the consderaton and use of planned unt development regulatons for the followng purposes: a. To encourage the use of land n accordance wth ts character and adaptablty. b. To promote the conservaton of natural features and fragle lands and the preservaton of mportant communty resources. Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and 7/8/206 Texas Townshp Zonng Ordnance clearzonng 4-27

120 Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and c. To encourage flexblty and nnovaton n land use and desgn to protect the rural character of the communty and enhance the qualty of lfe n the townshp. d. To promote the effcent use of land to facltate a more economc arrangement of buldngs, crculaton systems, land use and utltes. e. To promote the enhancement of housng dversty, shoppng, traffc crculaton, and recreatonal opportuntes for the people of the townshp. f. To promote and ensure greater compatblty of desgn and use between and among neghborng propertes.. A planned unt development must comply wth ths dvson. The provsons of ths dvson are ntended to result n land use and development substantally consstent wth the underlyng zonng, wth modfcatons and departures from generally applcable requrements made n accordance wth standards provded n ths dvson to ensure approprate, far, and consstent decson-makng. The planned unt development provsons are not ntended as a devce for gnorng ths chapter or the plannng upon whch t has been based. 2. Qualfyng Condtons A. In order to be elgble for planned unt development, the proposed area shall consst of a mnmum of 5 acres. B. Publc water and santary sewer shall be extended to servce the planned unt development ste where such exstng utltes are wthn one half mle (2.640 feet) of the ste. C. A planned unt development may be permtted n all resdental zonng dstrcts ncludng than the agrculture dstrct. D. As a condton of for approval of a planned unt development, the applcant must demonstrate that the planned unt development wll result n a recognzable and substantal beneft to the ultmate users and occupants of the project and to the communty, where such beneft would otherwse be unfeasble or unlkely. Such beneft may nclude, but shall not be lmted to, the preservaton of mportant natural features, wldlfe areas, the provson of open lands, the provson of a mx of housng types or land uses, and/or nnovaton n desgn and project confguraton. 3. requrements A. Generally. The townshp shall evaluate each resdental planned unt development applcaton n accord wth the general standards for approval of all specal excepton uses and the followng specfc standards. The proposed development shall:. Be desgned, constructed, and mantaned to be harmonous and approprate n appearance wth the exstng or ntended character of the general vcnty;. Not change the essental character of the area n whch t s proposed;. Be served adequately by essental publc facltes and servces, such as hghways, streets, pedestran ways, polce and fre protecton, dranage structures, refuse dsposal, water and sewer; v. Not create excessve addtonal requrements at publc cost for publc facltes and servces; and v. Be developed n accordance wth the ntent for a planned unt development as contaned n ths dvson. B. Densty and dwellng unt computaton. The maxmum densty for resdental uses n any planned unt development shall not exceed that whch would be permtted n a feasble comparson plan, prepared n accordance wth townshp regulatons pertanng to the underlyng zonng, except as provded n subsecton (e) of ths secton. For the purposes of ths dvson, a comparson plan shall consst of a feasble layout of dwellng unts whch may be permtted by rght n accord wth the underlyng zonng applcable to the proposed ste. The comparson plan shall nclude the nformaton requred for ste plan revew pursuant to secton The maxmum number of dwellng unts permtted by the townshp board for the planned unt development shall be determned based on the number of unts that may be properly developed as shown on the comparson plan. In the case where the propretor proceeds n phases and develops only a porton of the total proposed development at one tme, each phase shall consst of land use planned and developed n such a way that the 4-28 Texas Townshp Zonng Ordnance clearzonng 7/8/206

121 requred open space, n relaton to the permtted densty, s adhered to wthn each phase or accumulated n the earler phases of the project. Ths open space may be accomplshed the utlzaton of conservaton easements, or other lawful means, as approved by the townshp. Bonus densty. The applcant/developer may request the grantng of a bonus densty n those stuatons where the applcant has presented a plan that would exceed the mnmum requrements for approval. Such requrements Include open space that exceeds 20% of the ste, preservaton of the natural open space or landscape wthout changes to grade or landscape and/or reductons n ste standards, such as lot area, lot frontage or setbacks that conform better to adjonng resdental development areas. Such bonus shall not exceed 0% of the total number of unts establshed by the comparson plan and approval by the Townshp Board shall be based upon the recommendaton of the Plannng Commsson wth a clear ratonale as to why such bonus densty should be granted." C. Open space. Each planned unt development shall contan open space areas equal to a mnmum of twenty (20) percent of the total ste area. Such open space shall be contguous to or a part of the subject ste, mantaned n perpetuty by the owner, owner's agent or homeowner's assocaton and shall be set asde for the common use of the home or lot owners wthn the planned unt development wth recorded assurances satsfactory to the townshp that the requred open space shall be properly mantaned n perpetuty. In any such recorded assurances, the townshp shall be dentfed as havng the rght, but not the oblgaton, to enforce the condtons, covenants and restrctons placed on the open space. For purposes of ths secton, open space shall only be consdered to be those areas havng a mnmum dmenson of 50 feet by 00 feet, unless part of a bke path or tral system. A mnmum of one large open space area shall be preserved for every thrty (30) acres wthn the ste, wth a mnmum of one () acre per every ffteen (5) acres and wth at least one such area desgned for actve recreatonal use. Such areas shall be ether centrally located wthn the development or located near the frontage to the development area. A mnmum of 50 ft of open space shall be preserved along any exstng prmary or secondary road abuttng the development. Land n streets, sdewalks, parkng areas or n requred yard or setback areas shall not be consdered as open space. Open space areas may nclude open ar recreatonal uses and/or unmproved natural areas. Unfenced stormwater (retenton or detenton) basns may be counted as open space where such locaton s ntegrated nto the overall open space plan. The townshp board shall have the dscreton to approve alternatve open space uses, such as publc or sempublc recreatonal use. Open space may nclude ncdental and accessory buldngs and structures as determned by the townshp board, after recommendaton by the plannng commsson. D. Landscapng and gradng. In order to keep all graded areas and cuts to a mnmum, to elmnate unsghtly gradng and to preserve the natural appearance and beauty of the property as far as possble whle enablng an economc development, specfc requrements may be placed on the sze of areas to be graded or to be used for buldng and on the extent of removal of trees and natural features. All areas ndcated as natural open space shall be undsturbed by gradng, excavaton or structures to the greatest extent possble. Where dranage mprovements, utlty lnes, hkng or bcycle paths or smlar recreatonal mprovements are to be placed n natural areas, best engneerng and desgn practces shall be used to make such mprovements as unobtrusve as practcable. The planned unt development concept and fnal development plan shall nclude provson for the retenton of exstng landscape features and for the nstallaton of approprate new plantngs of varyng speces, dmensons and desgn. E. Permtted uses wthn a planned unt development. In the planned unt development, the plannng commsson and the townshp board shall permt prncpal and/or accessory uses, and may permt other specal uses, whch are authorzed n ether the underlyng zonng dstrct or the correspondng dstrcts as set Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and 5/8/207 Texas Townshp Zonng Ordnance clearzonng 4-29

122 Purpose and Introducton 2 Defntons E Permtted s wthn a Planned Unt s permtted n a resdental PUD are lmted to those n the correspondng zonng dstrcts Dstrcts* A R- R-A R-2 R-3 R-4 R-5 A R- R-2 R-3 R-4 R-5 RC RC Zonng 3 Dstrcts Ste Admn and *For proposed planned unt developments wth more than one underlyng zonng dstrct, the standards of the least restrctve dstrct would apply forth n table E. Such uses must be compatble wth the desgn prncples and purposes of ths dvson and the land uses n the general vcnty of the proposed project. 4. Applcable regulatons A. Unless specfcally waved by the townshp board upon the recommendaton of the plannng commsson the provsons of subsecton (b) of ths secton, all regulatons of the underlyng zonng dstrct pror to the planned unt development request relatve to lot sze, lot frontage, yard area, lot coverage, structure heght, setback, sgns, parkng and loadng, landscapng, general provsons and other applcable regulatons shall apply. In projects wth more than one underlyng dstrct, the most restrctve dstrct regulatons wthn ths chapter shall apply. B. Consstent wth the planned unt development concept, and to encourage flexblty and creatvty n development, departures from the regulatons outlned n subsecton (a) of ths secton may be granted at the dscreton of the townshp board upon the recommendaton of the plannng commsson as part of the approval of a planned unt development. Such departures may be authorzed f there are features or plannng mechansms ncorporated nto the project whch would acheve the objectves of each of the regulatons from whch a departure s beng requested. In no nstance shall such departures be greater the followng: Ffty percent (50%) of the underlyng dstrct requrement n terms of lot area, or seventy percent (70%) of the underlyng dstrct, where no publc utltes are extended, 70% of the underlyng dstrct for lot frontage, provded the mnmum lot frontage s sxtysx(66) feet, ffty percent (50%) of the underlyng dstrct requrement for yard setbacks, wth no less than 30 foot front yard, 0 foot sde yard and 20 foot rear yard mnmums. The maxmum lot coverage shall be twenty fve percent (25%). C. The stages or phases of any planned unt development shall be so structured and scheduled that, f later stages or phases of the development are not mplemented, the ntal stage shall be consstent wth the provsons of ths dvson and shall not detract from the feasblty of developng the remanng porton of the subject planned unt development area n an approprate and desrable manner. D. Prvate roads wthn the planned unt development, f proposed as part of a ste condomnum project, shall conform to the requrements under Secton g of ths ordnance. E. The proposed locaton and arrangement of structures shall not have a detrmental effect on resdents of exstng developments n the vcnty of the proposed planned unt development. Open space shall be used as a transtonal devce to buffer surroundng uses, as approprate Texas Townshp Zonng Ordnance clearzonng 5/8/207

123 F. Any exstng use of property not permtted wthn the planned unt development, shall be subject to the provsons of Secton pertanng to nonconformng land uses. 5. Desgn Consderatons A proposed planned unt development shall take nto account the followng specfc desgn consderatons, as they are necessary to ensure complance wth all applcable regulatons and to ensure the compatblty of the project wth adjonng propertes and the general area n whch the property s located: A. Permeter setbacks. B. Street dranage and utlty desgn wth respect to locaton, avalablty, ownershp, and compatblty. C. Underground nstallaton of utltes. D. Separaton of pedestran and bcycle paths from vehcular traffc. E. Achevement of ntegrated and harmonous development wth respect to sgns, lghtng, landscapng, and constructon materals. F. Nose reducton and vsual screenng mechansms from adjonng resdental uses. G. Ingress and egress to the property wth respect to automotve and pedestran safety and convenence, traffc flow and control, street capacty, and emergency access. H. Off-street parkng, loadng, refuse, and other servce areas wth respect to ngress and egress and the potental effects of nose, glare, vbraton, and odor emanatng from such facltes on adjonng propertes and uses. I. Screenng and bufferng wth respect to dmensons and character. J. Yard areas and other open space. K. Densty and ntensty of development expressed n terms of unts per acre and nclude the heght of buldngs and other structures. L. The preservaton of natural resources and natural features. 6. Applcaton and processng procedures A. In general. The procedure for applcaton, revew and approval of a planned unt development shall be a two-part process. The frst part shall be applcaton and approval of a concept development plan, whch shall nclude revew and recommendaton by the plannng commsson and revew and approval by the townshp board of the specal excepton use. The townshp board may utlze the general standards for approval of all specal excepton uses n ther consderaton of ths request. Such acton shall confer upon the applcant concept approval for the length of tme establshed by the townshp board. The second part of the revew and approval process shall be the applcaton for approval of a fnal development plan for the entre project or for any one or more phases of the project. Fnal development plan approval shall requre the grant of ste plan approval by the plannng commsson pursuant to Secton 36-6 B. Preapplcaton conference. Pror to the submsson of an applcaton for planned unt development, the applcant shall meet wth the buldng offcal, and/or such consultants as deemed approprate. The applcant shall present at such conference a sketch plan of the planned unt development, and the followng nformaton:. A legal descrpton of the property n queston;. The total number of acres to be ncluded n the project;. A statement of the approxmate number of resdental unts and/or the approxmate number, type, and square footage of nonresdental unts; v. A comparson plan ndcatng the maxmum number of dwellng unts that may be developed on the ste under the terms of the exstng provsons of ths chapter, takng nto account unbuldable areas as part of ths calculaton. v. The approxmate number of acres to be occuped and/or devoted to or by each type of use; v. Departures from the regulatons of ths chapter whch may be requested; v. The number of acres to be preserved as open space or recreaton space; v. All known natural resources and natural features; and Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and 7/8/206 Texas Townshp Zonng Ordnance clearzonng 4-3

124 Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and x. The benefts that are expected to result from the adopton of the planned unt development provsons pertanng to the subject ste. C. Prelmnary concept development plan-- Submsson and content. Followng the conference mentoned n subsecton () of ths secton, 2 copes of a prelmnary concept development plan and applcaton for a planned unt development request shall be submtted. The submsson shall be made to the offcal who shall forward t to the plannng commsson for consderaton at a regular or specal meetng. The plan shall be prepared by a lcensed professonal engneer, communty planner or archtect and shall be accompaned by an applcaton form and fee as determned by the townshp board. The prelmnary ste development plan shall contan the followng nformaton unless specfcally waved by the zonng offcal:. Date, north arrow, and scale whch shall not be more than one nch equals 00 feet.. Locatonal sketch of the ste n relaton to surroundng area.. Legal descrpton of property ncludng common street address. v. Sze of parcel. v. All lot or property lnes wth dmensons. v. General locaton of all buldngs wthn 00 feet of the property lnes. v. General locaton and sze of all exstng structures on the ste. v. General locaton and sze of all proposed structures on the ste. x. General locaton and dmensons of all exstng and proposed streets, drveways, and parkng areas, ncludng total number of spaces and typcal dmensons. x. General sze and locaton of all areas devoted to open space. x. Locaton of exstng vegetaton and general locaton and sze of proposed landscaped areas and buffer strps. x. All areas wthn the 00-year floodplan, wetland areas or bodes of water. x. Exstng topographcal contours at a mnmum of fve-foot ntervals. xv. A comparson plan ndcatng the maxmum number of dwellng unts that may be developed on the ste under the terms of ths exstng chapter. xv. An llustraton of any project phases or stages. xv. A specfc lstng of all departures from the regulatons of the ths chapter whch are requested. xv. A narratve descrbng the followng: a. The nature and concept of the project. b. The proposed densty, number, and types of dwellng unts f a resdental planned unt development. c. A statement descrbng how the proposed project meets the objectves of the planned unt development ncludng the benefts that are expected to result from the adopton of the planned unt development provsons pertanng to the subject ste. d. A detaled descrpton of the legal mechansms and structures proposed to ensure the perpetual mantenance of all open space proposed. e. A statement from a regstered professonal engneer descrbng how the proposed project wll be served by publc water, santary sewer and storm dranage. f. The phasng or stagng plan. g. Proof of ownershp or legal nterest n property. xv.the name, address and phone number of the applcant xx. The name, address and seal of the professonal engneer, planner or archtect that prepared the plan. D. Prelmnary concept development plan-- Plannng commsson revew. The plannng commsson shall revew the prelmnary ste development plan and shall make reasonable nqures of the applcant. The plannng commsson shall revew the 4-32 Texas Townshp Zonng Ordnance clearzonng 7/8/206

125 prelmnary concept development plan accordng to the provsons of Sectons C F and transmt ts recommendatons for changes or modfcatons of the prelmnary concept development plan to the applcant. E. Publc hearng. Pror to settng the publc hearng, the applcant shall submt all requred and requested nformaton to the townshp. Once complete, the townshp staff shall transmt the complete applcaton to the plannng commsson. The plannng commsson, at a regular or specal meetng, shall set a tme and place for a publc hearng and provde for the legal publshng and proper postng of notces of such hearng subject to secton 03 of P.A. 0 of 2006, as may be amended. 7. Standards for Approval Followng the publc hearng, the plannng commsson shall recommend to the townshp board ether approval, denal or approval wth condtons of the planned unt development request and prelmnary concept development plan. In makng ts recommendaton, the plannng commsson shall fnd that the proposed planned unt development meets the ntent of the planned unt development and the followng standards A. Grantng of the planned unt development wll result n a recognzable and substantal beneft to the ultmate users of the project and to the communty where such beneft would otherwse be unfeasble or unlkely to be acheved. B. In relaton to underlyng zonng, the proposed type and densty of use shall not result n a materal ncrease n the need for publc servces, facltes, and utltes, and shall not place a materal burden upon the subject or surroundng land or property owners and occupants or the natural envronment. C. The proposed development shall be compatble wth the master plan of the townshp and shall be consstent wth the ntent and sprt of ths dvson. D. The planned unt development shall not change the essental character of the surroundng area. E. The proposed development shall be under sngle ownershp or control such that there s a sngle person or entty havng responsblty for completng the project n conformty wth ths chapter. Ths subsecton shall not prohbt a transfer of ownershp or control upon due notce to the buldng nspector. F. The proposed phasng plan s feasble and each of the proposed phases shall be capable of standng on ts own and n conjuncton wth prevously constructed phases n terms of the provson of all requred servces, facltes, open space and amentes to ensure the protecton of natural resources and the health, safety and welfare of the users of the planned unt development and surroundng resdents. 8. Townshp Board Approval A. After recevng the recommendaton of the plannng commsson, the townshp board shall ether approve, deny, or approve wth condtons the planned unt development specal excepton use applcaton wth prelmnary concept development plan n based upon the standards for approval and condtons for a planned unt development as contaned n ths chapter. A buldng permt shall not be ssued untl plannng commsson approval of the planned unt development fnal development plan. B. Where provsons of Publc Act No. 288 of 967 (MCL et seq.) shall apply, the applcant shall thereafter submt the nformaton and plans as may be requred by such act, chapter 6 of ths Code and all other local procedures or regulatons pertanng to plattng approval. C. Where a planned unt development contans plans for a ste condomnum development, the development shall comply wth the requrements of Publc Act No. 59 of 978 (MCL et seq.) and all zonng ordnance regulatons pertanng to ste condomnum approval. 9. Effect of Approval A. The planned unt development and the prelmnary concept development plan as approved, the ncorporated narratve and all specal use condtons mposed, f any, shall consttute the land use authorzaton for the property. Such authorzaton shall reman n effect for a perod of one year Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and 7/8/206 Texas Townshp Zonng Ordnance clearzonng 4-33

126 Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and unless a longer perod s granted by the townshp board upon the recommendaton of the plannng commsson. All uses not specfcally dentfed n the prelmnary concept development plan are dsallowed and not permtted on the property. All mprovements and uses shall be n conformty wth ths amendment, except as permtted by Secton O. Durng the perod of effectveness of the concept development plan, the applcant shall be permtted to submt one (or more f the project s to be proposed n phases) ste plan applcaton seekng fnal ste development plan approval pursuant to secton J B. If an applcaton for a fnal ste development plan s not submtted wthn the tme lmts set forth n the approved prelmnary concept development plan and any extensons thereof that may be permtted and approved, the approval granted under ths dvson shall expre based upon falure to have a fnal ste development plan approved by the plannng commsson. C. The applcant shall record an affdavt wth the county regster of deeds whch shall contan the followng:. Date of approval of the planned unt development by the townshp board.. Legal descrpton of the property.. Legal descrpton of the requred open space along wth a plan statng how ths open space s to be mantaned. v. A statement that the property shall be developed n accordance wth the approved planned unt development fnal ste development plan and any condtons mposed by the townshp board or plannng commsson unless an amendment thereto s duly approved by the townshp upon the request and/or approval of the applcant or applcant's transferees and/or assgns. 0. Fnal ste development plan A. After recevng the planned unt development and prelmnary ste development plan approval from the townshp board, the applcant shall submt a fnal ste development plan for revew and approval by the plannng commsson pror to startng any constructon. The fnal ste development plan shall contan the same nformaton requred for the prelmnary concept development plan, the nformaton requred for ste plan revew n secton 36-6, the followng addtonal nformaton and nformaton specfcally requested by the plannng commsson n ts revew of the prelmnary ste development plan:. Locaton and sze of all water, santary sewer, and storm sewer lnes servng the development and each of the buldngs and unts wthn the project.. Proposed landscapng ncludng type, number, and sze of trees and shrubs.. Locaton of sgns and exteror lghtng. v. Locaton of sdewalk, footpaths, or other pedestran walkways. v. Dstance of all buldngs from lot lnes, rghts-of-way, and other prncpal buldngs. v. Exteror archtectural drawngs notng buldng materals, heght and area of buldngs, accessory structures and fencng. v. Proposed phases of project. B. Reserved.. Standards for fnal ste development plan approval The plannng commsson shall ether approve, deny, or approve wth condtons the fnal ste development plan. In makng ts decson, the plannng commsson shall fnd that the proposed planned unt development meets the ntent of the planned unt development and the followng standards: A. The ste plan approval standards set forth n secton 36-6 except where specfc devatons have been authorzed pursuant to the approved planned unt development concept development plan. B. Ingress and egress to the property and proposed structures, wth partcular reference to motor vehcle and pedestran safety and convenence, traffc flow and control, and access n cases of fre, catastrophe, or emergency. Permanent dead-end streets shall be lmted to,320 feet n length, and every permanent deadend street shall nclude, at ntervals of no more than 500 feet, roundabouts that assure adequate access for fre and emergency vehcles. Roundabouts shall be 4-34 Texas Townshp Zonng Ordnance clearzonng 7/8/206

127 constructed wth a dameter at least equal to the mnmum dameter requred by the Kalamazoo County Road Commsson for culs-de-sac on local roads. Where a PUD, together wth all exstng or planned phases of that development, wll result n 50 or more buldng stes, two permanent access streets to the development must be provded. C. Off-street parkng and loadng areas, where requred, wth partcular attenton to nose, glare, and odor effects of each use n the plan on adjonng propertes and propertes n the proposed development. D. Sewer, water, and storm dranage wth reference to locatons, avalablty, and compatblty. E. Screenng and bufferng wth reference to type, dmensons, and character. F. Sgns, f any, and ther proposed lghtng relatve to glare, traffc safety, economc effect, and compatblty and harmony wth adjonng propertes. G. Where a proposed planned unt development ncludes condomnum unts, the plan shall comply wth, and shall be revewed as requred by, secton Where a proposed planned unt development ncludes platted lots, the plat shall be revewed as requred by the subdvson control ordnance, sectons , nclusve. Where a proposed planned unt development ncludes unplatted land dvsons, all such dvsons shall be revewed as requred by the land dvson ordnance, sectons , nclusve. 2. Condtons A. In approvng a planned unt development fnal ste development plan, the plannng commsson may mpose reasonable condtons whch nclude but are not lmted to condtons necessary to ensure that publc servces and facltes affected by a proposed land use or actvty wll be capable of accommodatng ncreased servce and faclty loads caused by the land use or actvty; protect the natural envronment and conserve natural resources and energy; ensure compatblty wth adjacent uses of land; and promote the use of land n a socally and economcally desrable manner. Condtons mposed shall meet all of the followng requrements:. Be desgned to protect natural resources, the health, safety, and welfare, and the socal and economc well-beng of those who wll use the land use or actvty under consderaton, resdents, and landowners mmedately adjacent to the proposed land use or actvty, and the communty as a whole.. Be related to the vald exercse of the polce power, and purposes whch are affected by the proposed use or actvty.. Be necessary to meet the ntent and purpose of ths chapter, be related to the standards establshed n ths chapter for the land use or actvty under consderaton, and be necessary to ensure complance wth those standards B. The condtons mposed wth respect to the approval of a planned unt development fnal ste development plan shall be recorded n the record of the approval acton and shall reman unchanged except upon the mutual consent of the plannng commsson and the landowner. The plannng commsson shall mantan a record of condtons whch are unchanged. The fnal ste development plan, as approved, shall act as a restrcton upon the development. The development must conform wth the fnal ste development plan and no buldng permt shall be ssued for any mprovements that are not n complance wth such plan. 3. Performance guarantees. The plannng commsson and/or the townshp board may requre a performance bond or smlar guarantee n accordance wth secton n order to ensure the completon of requred mprovements. 4. Commencement of constructon A. Constructon of a planned unt development must be started wthn one year from the effectve date of the grant of fnal ste development plan approval. Ths tme lmt may be extended one year upon applcaton to the plannng commsson f t s demonstrated that substantal progress s beng made n completng plans and securng fnancng. In the case of a multple-phase planned unt development, begnnng constructon of a phase shall Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and 7/8/206 Texas Townshp Zonng Ordnance clearzonng 4-35

128 Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and satsfy the requrements of ths subsecton even though the total planned unt development may be a number of years from completon; provded, however, that consecutve phases must be started wthn the later of one year of the schedule set forth n the approved concept development plan, or completon of the prevous phase. Ths tme lmt may be extended by the plannng commsson annually for a cumulatve total of four years, f t s determned by the plannng commsson that condtons beyond the applcant's control have caused the need for the extenson, and, takng nto consderaton any changed facts or crcumstances. If constructon has not commenced wthn these tme lmts and any extensons thereof that may be permtted and approved, the approval granted under ths dvson shall expre. For the purposes of ths subsecton, completon of a phase shall be the date all structures ntended for occupancy by homeowners, tenants, resdents or busnesses have been approved for occupancy. B. Where a planned unt development project s proposed for constructon n phases, the plannng and constructon of each phase, n conjuncton wth any prevously completed phases, shall be capable of standng on ts own n terms of the provson of all requred servces, facltes, open space and amentes to ensure the protecton of natural resources and the health, safety and welfare of the users of the planned unt development and surroundng resdents. C. No buldng permt for any structure wthn a PUD shall be ssued untl the prvate road upon whch the buldng ste has frontage has a surface consstng, at a mnmum, of sx nches of stablzed gravel base for the full wdth of the pavement to be provded, so as to provde access for fre and emergency protecton. Where the buldng ste wthn a PUD has frontage on a publc street, no buldng permt shall be ssued untl a paved surface has been provded on that street. In ether case, the surfacng requred by ths subsecton shall extend to the exstng publc street outsde the boundares of the PUD. No occupancy permt for any structure wthn a PUD shall be ssued untl the prvate road or publc street upon whch the buldng ste has frontage has been completed, nspected, and approved by the authorzed representatve of the townshp for a prvate road or by the Kalamazoo County Road Commsson for a publc street 5. Modfcaton of plan and development A. Mnor changes to a planned unt development fnal ste development plan may be approved by mutual agreement of the applcant or successors n nterest and the plannng commsson, provded the changes comply wth all applcable requrements of ths chapter and all other townshp regulatons or state law. Mnor changes nclude the followng:. All matters that were approved by the plannng commsson n the fnal ste development plan that were not part of the prelmnary concept development plan;. The relocaton of structures, roads, plantng areas, parkng areas, sgns, lghtng, and drveways provded that all such mprovements reman n the same general locaton as approved n the prelmnary concept development plan, as determned by the plannng commsson; and. Adjustments to buldng sze that does not exceed 5,000 square feet or fve percent of the gross floor area, whchever s smaller. B. A major change to an approved planned unt development shall comply wth the orgnal approval procedures for a planned unt development. Major changes nclude but are not lmted to ncrease n densty or number of dwellng unts, ncrease n land area or buldng sze, except as noted n subsecton () of ths secton or changes n, or the addton of other uses not authorzed by, the orgnal planned unt development approval BED AND BREAKFAST Where permtted as a specal use, the followng standards shall apply:. The owner and/or on-ste manager must resde on the premses. 2. There must be no more than bedrooms devoted to lodgng. 3. No meals, other than breakfast, may be served to patrons Texas Townshp Zonng Ordnance clearzonng 5/8/207

129 4.54 OUTDOOR SEATING FOR SERVING PATRONS ALCOHOLIC BEVERAGES Where permtted as a specal use, the followng standards shall apply:. The area must be desgnated on an approved ste plan. 2. The area must comply wth all Mchgan Lquor Control Commsson regulatons MANUFACTURING, COMPOUNDING, AND ASSEMBLING OR TREATMENT OF ARTICLES OR MERCHANDISE In the I- dstrct, manufacturng, compoundng, and assemblng or treatment of artcles or merchandse s permtted as a specal excepton use where all work s carred n an enclosed buldng and there s a maxmum of 0% of lot area for outdoor storage. These uses shall not emanate nose, vbraton, odor, smoke, waste or lght to an extent objectonable by nearby non-ndustral uses SINGLE FAMILY DWELLINGS IN THE RC DISTRICT In the RC dstrct, sngle famly resdental uses, establshed pror to May 8, 207, are a permtted use as long as the property has a mnmum lot area of 4,500 SF wth sewer or 35,800 SF wthout sewer AND a mnmum lot wdth of 0 wth sewer or 65 wthout sewer. Any sngle famly resdental lot wth frontage on a county prmary road must have at least 65 of frontage. Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and 5/8/207 Texas Townshp Zonng Ordnance clearzonng 4-37

130 2 Defntons Purpose and Introducton (Intentonally Blank) Admn and Ste Zonng 3 Dstrcts 4-38 Texas Townshp Zonng Ordnance clearzonng 5/8/207

131 Purpose and Introducton Chapter 36 2 Defntons Artcle 5.0 Ste Standards Zonng 3 Dstrcts Ste Admn and Texas Townshp Zonng Ordnance clearzonng 5-

132 Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Chapter 36 Artcle 5.0 Ste Standards Lmtatons on all Land and Structures Lmtatons on Area and Lot Frontages Screenng, Fencng, and Landscapng Setbacks from Lakes, Ponds, Streams and Rvers Rparan Lot Regulatons Exteror Lghtng Requrements Parkng Requrements Sgns Access Management Reserved Reserved Stub Roads and Cul-de-Sacs that Abut Property Lnes at the Boundares of Platted and Condomnum Subdvsons Accessory Buldngs n Agrcultural, Resource Conservaton, and Resdental Dstrcts Admn and 5-2 Texas Townshp Zonng Ordnance clearzonng 5/8/207

133 Ste Standards LIMITATIONS ON ALL LAND & STRUCTURES. No buldng shall be erected and no exstng buldng shall be moved, altered, added to or enlarged nor shall any land or buldng be used, desgned, arranged to be used for any purpose or n any manner other than that ncluded among the uses lsted as permtted n the zone n whch such buldng or land s located. 2. Every buldng herenafter erected shall be located on a lot as defned n ths chapter; and, except as provded n ths chapter, there shall be not more than one sngle-famly dwellng on one lot. 3. Every dwellng structure shall be bult upon a lot wth frontage upon a publc street, except: A. Any lot of record wthout the requred frontage on a publc street may be granted a buldng permt provdng all other requrements of ths chapter can be met, ncludng requred buldng setbacks. Where such lot has no frontage upon a publc street or approved prvate road t shall not be ssued a buldng permt untl t has been provded wth an easement or other rght-of-way no less than 20 feet wde for access purposes. B. Dwellng structures may be constructed on buldng stes approved as part of a planned unt development or an open space development that ncludes prvate roads approved by the townshp board n accordance wth the subdvson control ordnance or the ste condomnum plan revew provsons of ths chapter. 4. The llumnaton of any buldngs or uses of land shall be desgned and operated so that the source of lght shall not be drected upon adjacent propertes or the publc street. In no event shall the llumnaton of a buldng or use of land be permtted to flood upon adjacent resdental structures LIMITATIONS ON AREA AND LOT FRONTAGES. No buldngs shall be erected, nor shall any exstng buldng be altered, enlarged, moved or rebult nor shall any open space surroundng any buldng nor any lot frontage for any buldng be encroached upon or reduced n any manner, except n conformty wth the yard, lot, area and buldng locaton regulatons desgnated n ths chapter for the zone n whch such buldngs or open space s located, except as otherwse specfcally provded. 2. No yard or other open space provded about any buldng and no lot frontage allocated to any buldng for the purpose of complyng wth the mnmum requrements mposed by ths chapter shall be consdered as a yard, open space or lot frontage for any other prncpal structure. 3. Any lot, as defned n ths chapter, whch was legally recorded at the tme of adopton of the ordnance from whch ths chapter s derved, and whch was a buldable lot under ths chapter n effect mmedately pror to the adopton of the ordnance from whch ths chapter s derved, shall be deemed a buldable lot even though t may have less than the mnmum area requrements SCREENING, FENCING, AND LANDSCAPING. Screenng: A. Each non-resdental use mmedately adjacent to a resdental dstrct must provde screenng that adequately separates any potental nusances from dwellngs. B. Screenng may be any combnaton of walls, fences, berms, or evergreen trees that s compact and mantaned n good condton at all tmes. C. An evergreen screen must be a double row of trees planted 5 on center wth a mxture of speces approved by the Zonng Admnstrator. D. The heght of the screen shall not be less than 6. E. The plannng commsson may wave screenng requrements f they conflct wth the ntent of the dstrct or n cases uses are found compatble. 2. Fencng A. A fence s a structure that s exempt from setback requrements n all dstrcts, unless stpulated n the zonng dstrct. Fencng s ether less than 50 percent sold or as opaque, whch ncludes all fencng between 50% to 00% sold. Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and 5/8/207 Texas Townshp Zonng Ordnance clearzonng 5-3

134 Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and B. Materals utlzed shall be n the form of tradtonal fencng sold for retal purposes, ncludng metal, vnyl or wood. C. Fence heght shall be measured from the exstng, or preconstructon, grade and shall not be placed upon a berm unless specfcally approved as part of ste plan revew. (Note: Front yards, sde yards and rear yards are establshed by the locaton of the prncpal buldng.) D. In the commercal ( C-, O-, C-2, C- 3, C -4 ) and ndustral ( I- and EBT ) dstrcts, the maxmum heght for any fencng wthn the sde and rear yards shall be 8. Wthn the CBD the maxmum heght shall be 6. In the front yard, the maxmum heght shall be 6 and the fence shall not be opaque. E. In the agrcultural "A" dstrct where the prncpal use s not agrcultural, the maxmum heght of any fencng shall be 6 and shall be not more than 50% sold wthn the front yard. Barbed woven wre or electrfed fencng may be used to enclose pastures. The plannng commsson, n consderng a request for a specal excepton use permt n the agrcultural dstrct, may requre fencng n excess of 6 as a condton of approval f t determnes that such fencng wll satsfy standards for approvng the specal excepton use permt. F. In resdental dstrcts ("R-", "R-A", "R-2", R-3", "R-4", "R-5" and "R-6") and wthn the "A" agrcultural dstrcts wthn platted, open space or ste condomnum developments, the maxmum heght of any fencng shall be 6, provded such fencng s not located wthn the front yard. Any fencng located wthn the front yard (excludng rparan lots) must not exceed 4 n heght, and shall not be opaque. 3. Landscapng A. Mnmum landscaped area. All lots wth an approved ste plan must have at least 20% of ther gross area landscaped as a part of an approved landscapng plan. B. Landscapng plan. Included on ths landscape plan must be:. Scale;. North arrow;. All permanent structures; v. Scentfc and common names of all plant materals to be nstalled; v. Sze and quantty of plant materals to be nstalled; v. Vegetaton greater than 6 calper on the ste; v. Ground cover to be used; v. Hard-surface areas that are not for pedestran or vehcle movements; x. Other landscape materals as defned by ths chapter; and x. Name, address, and telephone number of the landscape desgner. C. Screenng. Whenever a buffer strp s requred or permtted, all portons of the buffer strp shall be planted and mantaned wth grass, ground cover, shrubbery, trees and other materals specfed for use heren.. A mnmum of evergreen tree shall be planted for every 5 of requred buffer strp length at approxmately 5 ntervals n a double row.. No landscapng shall be requred where the strp s nterrupted by drveways for vehcular access ponts shown on an approved ste plan, but the buffer shall not otherwse be broken for pedestran access.. A berm may be ncorporated and plantngs may be clustered for effect. v. The plantng strp wll be no less than 0 n wdth. D. Parkng lot landscapng.. There must be provded and mantaned a mnmum of 20 sq. ft. of landscapng conformng to the specfcatons of ths artcle for each parkng space provded n the parkng lot wth a mnmum of 200 sq. ft. on any lot. Buffer strp landscapng and landscapng n the rght-of-way does not count towards parkng lot landscapng requrements.. Parkng lot landscapng shall be not be less than 3 n any sngle dmenson and not less than 200 sq. ft. n any sngle area and shall be protected from automoble encroachment wth curbng or other permanent means. 5-4 Texas Townshp Zonng Ordnance clearzonng 5/8/207

135 . A mnmum of decduous or large evergreen tree shall be planted for each 400 sq. ft. or fracton thereof requred parkng lot landscape area. v. In order to delneate on-ste crculaton, mprove sght dstance at the ntersecton of parkng asles, access connectors, and prvate roads, protect the vehcle at the end of a parkng bay, and defne the geometry of nternal ntersectons, end slands (landscaped wth rased curb) shall be requred at the end of all parkng bays that abut traffc crculaton asles n off-street parkng lots. In areas where nternal traffc crculaton s forecast to be low or where the rased slands would not be approprate, the plannng commsson may wave the requrement for an end sland or may requre panted slands only. The end slands shall generally be at least 7 wde, and be constructed 3 shorter than the adjacent parkng stall. v. One large decduous street tree s requred for each 50 of lot frontage. The requred trees may be grouped approprately on the ste adjacent to the rght-of-way. E. Exstng plant materal. On some stes, sound ecologcal management prncples dctate that reasonable efforts be made to preserve mature trees, shrubs, and other lve plant materals from heedless or needless destructon. In nstances where healthy plant materals exst on a ste pror to ts development, the Zonng Admnstrator may allow credt for preserved materals n keepng wth the ntent of ths secton so long as the functonal or practcal equvalent landscapng s provded. F. Landscapng materal specfcatons. The followng materals are approved Plant materals and szes. These are varetes of plantng materals recommended for use wthn ths Townshp. All such materals should meet the recommended mnmum szes specfed at the tme frst planted (whether ntally or replaced). The Zonng Admnstrator may allow alternatve speces:. Large Decduous Trees: All tree plantngs should be at least 2.5" calper at a pont on the trunk 6" above the ground. a. Mountan Ash b. Black tupelo c. Locust (thornless, seedless, varetes only) d. Maple (varetes ncludng red, sugar, and Norway not slver) e. Oak (varetes) f. Sweet gum. Small Flowerng Decduous Trees: All sngle stem tree-lke plantng should be at least 2" calper at a pont 6" above the ground. a. Flowerng cherry b. Flowerng crabapple (hybrd varetes) c. Hawthorn (varetes) d. Flowerng dogwood (varetes) e. Eastern redbud f. Allegheny servceberry (varetes) g. Lnden h. Purple leaf plum. Large Evergreen Trees: All plantngs should be at least 6 n heght. a. Fr (ncludng Douglas and Colorado) b. Yews (tall) c. Spruce (varetes) d. Pne v. Small Evergreen Trees: All plantngs should be at least 36" n heght. a. Arborvtae (varetes) b. Uprght yews c. Uprght junper d. Uprght junper (varetes) v. Decduous Shrubs: All decduous shrubs should be at least 8" n heght. a. Forsytha b. Honeysuckle (varetes) c. Mock orange (varetes) d. Nnebark e. Sargent crabapple Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste Admn and 5/8/207 Texas Townshp Zonng Ordnance clearzonng 5-5

136 Purpose and Introducton 2 Defntons Zonng 3 Dstrcts Ste f. Sprea (varetes) g. Tall hedge buckthorn h. Vburnum (varetes). Llac v. Evergreen Shrubs: All evergreen shrubs should be at least 8" n heght. a. Spreadng junper b. Euonymus (hardy varetes) c. Ilex (holly) (hardy varetes) d. Spreadng yew e. Evergreen azaleas f. Pyracantha g. Rhododendron h. Yucca. Pers v. Ground Covers a. Pachysandra: 6--2 plants/square yard b. Vnca: 9 plants/square yard c. Englsh, Baltc vy: 3 plants/square yard d. Grass (varetes, but not obnoxous weeds): As needed for at least 75% coverage wthn one growng season and full coverage wthn two. e. A combnaton of wood chps, gravel, and/or stone. G. Prohbted plant materals. The followng plant materals (and/or ther clones and cultvars) shall not be planted n ths Townshp, because of susceptblty to storm damage, dsease, and/or other undesrable characterstcs:. Slver maple (Acer dasycarpum). Box elder (Acer negundo). Tree of heaven (Alanthus) v. European barberry (Berbers vulgars) v. Northern catalpa (Catalpa specrosa) H. All plant materals wll be nstalled pror to the ssuance of a certfcate of occupancy. In the nstance where such completon s not possble, a cash bond, letter of credt, or corporate surety bond n an amount equal to the estmated cost of the landscape plan or porton thereof wll be deposted wth the Townshp to nsure project completon. I. Mantenance: Persons occupyng parcels where landscapng s requred to be nstalled shall mantan such landscapng n good condton so as to present a healthy, neat, and orderly appearance, free from refuse and debrs. All unhealthy and dead materal shall be replaced wthn year or by the end of the next plantng season (whchever comes frst) wth materals conformng to the specfcatons of ths ordnance SETBACKS FROM LAKES, PONDS, STREAMS AND RIVERS. Any buldng or structure, ncludng fences more than 50 percent sold constructed on a lot abuttng a lake, pond, stream or rver shall be setback at least 60 feet from the "ordnary water elevaton" set out n subsecton (b), below, except: A. Those buldngs and structures n exstence at the tme of passage of the ordnance from whch ths chapter derves. B. Where the majorty of the property abuttng such water lne wthn 500 feet of a lot has been bult upon at the tme of applcaton for a buldng permt for a structure on that lot, the setback of the structure to whch the buldng permt apples shall not be requred to be greater than the average setback of the mproved propertes. C. Docks, together wth temporary boat shelters whch are dsmantled durng the wnter months, shall comply wth state regulatons. Admn and v. Eastern red cedar (Junperus vrgnana) v. Poplar (Populus) v. Wllow (Salx) x. Amercan elm (Ulmus amercana) x. Ash x. Blue Spruce 5-6 Texas Townshp Zonng Ordnance clearzonng 5/8/207

137 2. The requred setback shall be measured from the "ordnary water elevaton" set out below for each of the lsted lakes and ponds. The "benchmark" s a metal cap placed at the elevaton lsted, and t can be used as a reference pont to determne the "ordnary water elevaton." For any lake, pond, stream or rver not lsted below, n the event of a controversy concernng the locaton of the benchmark from whch the requred setback shall be measured, the determnaton of the board of appeals establshed under ths Ordnance shall be conclusve. 3. On the street sde of every lot abuttng a lake, rver or stream, every prncpal buldng, and every fence 50% or more sold and every berm shall be set back from the street at least 20. On the rparan sde of the lot, no sold fencng shall be permtted nor any fence greater than 4 n heght shall be nstalled beyond the establshed buldng lne. Any sold fencng or any fencng greater than 4 n heght shall only be permtted between the buldng lne on the rparan sde and the 20 setback lne on the road sde, unless attached to a detached accessory buldng at the setback lne that s 20 from the rght of way lne, or 8 from the edge of pavement (whchever s less), but never less than 3 from the property lne. Sold fencng on sde property lnes may be measured from the buldng lne for ether abuttng property. In no nstance shall a sold fence be n front of the prncpal buldng n the rparan yard or the street-sde yard Elevaton Table DATUM: (NAVID 88) Paw Paw Lake: Benchmark (Brass Cap): Located on South property lne of House #0437, tan frame walkout. 2.65' ENE from flagpole. 0.5'± E of edge of water. 4' NE of NE corner of wood headwall N ; E Ordnary water elevaton feet. Pretty Lake: Elevaton of benchmark feet Purpose and Introducton 2 Defntons ROW RIPARIAN LOT SETBACKS 20 Mn. Buldng Envelope Sold fencng not to exceed the buldng lne at the tme of applcaton. 60 Mn. or average as applcable Benchmark (Brass Cap): Located at 78 Pretty Lake Drve. 2' S; 2' E of the NW corner of steel sea wall N ; E Ordnary water elevaton feet. Crooked Lake: Elevaton of benchmark feet Benchmark (Brass Cap): Located at 84 W. Crooked Lake Drve. 2'± N of sea wall; 6'± E of property lne. N--None ; E--None Ordnary water elevaton feet Bass Lake: Elevaton of benchmark feet Benchmark (Brass Cap): Located n sandy beach at the foot of the hll of the Cub Camp Admnstraton Buldng. Go down steps to the N of buldng to Klepper's Water Front Buldng. Then from the bottom of the steps to the beach at the N corner of the last concrete step, head W 9'± to monument. Monument s N of face of 2-nch poplar, 4.2', and ENE of face of 2-nch red oak 42'±. N ; E Ordnary water elevaton feet Scouter's Pond: Elevaton of benchmark feet Ordnary water elevaton feet (Elevaton recorded at outlet control structure nvert on NE sde of Scouter's Pond.) Eagle Lake Benchmark (Brass Cap): Located approxmately 8 ft east of west property fence, approxmately 30 ft south of gravel parkng area, approxmately 35 ft west of boat ramp, and approxmately 69 ft from the south end of the fence. N ; E Ordnary water elevaton feet Elevaton of benchmark ft Zonng 3 Dstrcts Ste Admn and 5/8/207 Texas Townshp Zonng Ordnance clearzonng 5-7