On the agenda: Gaylord meeting — Data Center (May 18)

OTSEGO COUNTY
PLANNING COMMISSION
May 18, 2026
6:00 PM

MEETING WILL BE HELD IN ROOM 100 OF THE OTSEGO COUNTY BUILDING
LOCATED AT 225 W MAIN ST GAYLORD

CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES: April 20, 2026
CONSENT AGENDA
PUBLIC PARTICIPATION FOR ITEMS NOT ON THE AGENDA:

(Please identify yourself for the record. All comments will be limited to two (2) minutes.)

OTHER
PUBLIC HEARING
ADVERTISED CASE
UNFINISHED COMMISSION BUSINESS:
1. RWE Solar Project Update – Discussion
NEW BUSINESS
REPORTS AND COMMISSION MEMBER’S COMMENTS:
1. Otsego County Parks & Recreation report:
Judy Jarecki
2. Land Use Services
ADJOURNMENT

Otsego County Planning Commission
Proposed Minutes for April 20, 2026
Call to Order: 6:00pm by Chairperson Maxwell
Pledge of Allegiance
Roll Call:
Present: Mr. Maxwell, Mr. Sanders, Mrs. Beyer, Mr. Colosimo, Mrs. Jarecki, Mr. Boughner, Mr. Hartmann,
Mr. Lovelace, Ms. Corfis
Absent: Ms. Sortor, Mrs. Smith
Staff Present: Ms. Boyak-Wohlfeil, Mr. Marquard
Public Present: Michelle Childs, Yvette Mullins, Dwayne Mullins, Dana & Cindy Randall, James Czarkowski,
Jo Osman, Olivia Smith, Rob Smith, Jan Fredericks, Paul Slough (Josh Kent), Ed Schmidt, David Stebbins,
Jerry Cross, Quinn Ridley, Lance McLoor, Heather Ford, Chad Sherman, Cathy Postlewait, Roger & Lisa Ellis,
Josh Kent, Mandy Collins, Wendy Ryan, Hannah Henderson, Bill Mason, Dave Drew, Todd Seidell
Others Present: Fred Ventresco, Otsego County Administrator, Mary Sanders, Hayes Township Supervisor
Approval of minutes from: February 5, 2026
Chairperson Maxwell requested discussion on the minutes;
Mrs. Jarecki requested a correction on the first sentence on the top of page 5, correcting the last word of the
sentence from ‘remediation’ to ‘mediation’.
Chairperson Maxwell requested a motion with the correction.
Motion made by Mr. Sanders to approve the minutes with correction; Seconded by Mr. Hartman.
Motion approved unanimously.
Consent Agenda: None
Public participation for items not on the agenda: None
Other: None
Public Hearing:

1.
PZRZ26-001 – Cougar Creek Ranch LLC, owner, and William Mason, applicant, are requesting a rezone of a single
parcel located in Livingston Township at 220 Meecher Rd Gaylord, MI 49735. The property is currently in a B2/General
Business Zoning District with a request to be rezoned to a B3/Business, Light Manufacturing District. The purpose of the
rezone is to allow consistency with adjacent properties and allow additional uses.
Parcel identification number:
080-032-400-005-03
220 Meecher Rd
Gaylord, MI 49735
Legal Description:
COMM 735 FT S OF E 1/4 COR, TH CON'T S TO E/W 1/8 LN, TH N 89 DEG W TO E 1/8 LN TH N ON E 1/8 LN TO A PT N 89 DEG W OF POB, TH E 1320 FT M/L TO POB SEC. 32
T31N R3W

Chairperson Maxwell stated the case before them, opened the public hearing and requested public comment.
Public Hearing Opened: 6:04pm
With no public comment, Chairperson Maxwell closed the public hearing.
Public Hearing Closed: 6:05pm
Advertised Case:

PZRZ26-001 – Cougar Creek Ranch LLC, owner, and William Mason, applicant, are requesting a rezone of a single parcel
located in Livingston Township at 220 Meecher Rd Gaylord, MI 49735. The property is currently in a B2/General Business

1|Page

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

Zoning District with a request to be rezoned to a B3/Business, Light Manufacturing District. The purpose of the rezone is
to allow consistency with adjacent properties and allow additional uses.

Chairperson Maxwell requested comment from Livingston Township.
Guy Lovelace, Livingston Township representative, stated they did not have an issue with the request;
Livingston was discussing rezoning other parcels in the area as well to bring them all into compliance.
Chairperson Maxwell questioned the location of the fuel tanks.
Bill Mason, Cougar Creek Ranch LLC representative, stated he had neglected to add that to the site plan
provided.
Chairperson Maxwell stated he had concerns for access for Emergency Management and requested that
information be provided.
Chairperson Maxwell requested further comment, hearing none he requested a motion.
Motion made by Mr. Lovelace to recommend to the Otsego County Board of Commissioners approval of the
rezone of parcel number 080-032-400-005-03 located at 220 Meecher Rd Gaylord, MI 49735 in Livingston
Township from a B2/General Business Zoning District to a B3/Business, Light Manufacturing District for
consistency with adjacent properties and uses with a request to update the site plan depicting the location of the
fuel tanks and type of fuel proposed; Seconded by Mr. Hartmann.
Motion approved unanimously.
Public Hearing:

2.
PZRZ26-002 – Robert Wilber, owner, and Dave Drews, applicant/representative, are requesting a rezone of a
single parcel located in Livingston Township on Murner Rd Gaylord, MI 49735. The property is currently in an
AR/Agricultural Resource Zoning District with a request to be rezoned to a R1/Residential District. The purpose of the
rezone is to allow consistent uses with adjacent properties.
Parcel identification number:
080-020-300-005-15
Vacant/ Murner Rd
Gaylord, MI 49735
Legal Description:

2014 SPLIT FROM 080-020-300-005-12 REMAINDER OF PARCEL COMM AT THE W1/4 COR OF SEC 20, TH S 00DEG 01MIN 23SEC E ALG THE W LN OF SD SEC 1680.00FT TO POB;
TH S 89DEG 06MIN 43SEC E 1315.86FT TO THE W1/8 LN, TH S 00DEG 04MIN 37SEC E ALG 1/8 LN 702.69FT, TH N 89DEG 12MIN 25SEC W PARALLEL W/ THE S LN OF SEC 915FT
TH S 00DEG 04MIN 37SEC E 264FT TO THE S LN OF SEC, TH N 89DEG 12MIN 25SEC W ALG SEC LN 401.74FT TO W LN OF SEC, TH N 00DEG 01MIN 23SEC W ALG W SEC LN
968.86FT TO POB. CONT 23.70 ACRES M/L SEC 20 T31N R3W

Chairperson Maxwell stated the case before them, opened the public hearing and requested public comment.
Public Hearing Opened: 6:09pm
Dave Drews, Northern Michigan Engineering Inc, representative, stated the request was to rezone the property to
a R1 Residential District. There was R1 zoning to the south of Allis Rd. The property was wooded; it was
intended for single-family use. They had originally considered R2 zoning but that district included multi-family
housing and Land Use suggested R1 zoning as a better option. The site was well suited for single-family, the
soil was well suited for well and septic, and if rezoned, a site plan would be submitted.
Jerry Cross, neighboring property owner across Allis Rd, stated he had concerns with multi-family and the
conflicts that come along with them. He moved out of town for the peace and quiet. He knew his neighbors
were not happy with multi-family housing. He was okay with single-family housing; he would like to keep it
rural.
Chairperson Maxwell stated they were proposing single-family homes only.
Mr. Lovelace stated they were proposing one house to one-acre. They could do more but were limiting the
number.

2|Page

Otsego County Planning Commission
Proposed Minutes for April 20, 2026
Mr. Cross stated that would be a lot of homes crammed into the property; he did not want to lose what he had
worked hard for. He stated he was speaking for his neighbor that were not there as well.
Heather Ford, neighboring property owner to the north, stated she they would be impacted the most by this
rezone. She had major concerns with road access, impacts on well and septic, and compliance with parcel
divisions in the county. She did not want this to look like Glen Meadows.
Chairperson Maxwell stated Glen Meadows’ lots were much smaller.
Mrs. Ford stated her husband was not in attendance because he was so distraught; they would be the most
affected.
Chairperson Maxwell stated there would be a review of the site plan.
Ms. Boyak-Wohlfeil stated they would have to come before the Planning Commission again before they could
develop the property.
Hannah Henderson, neighboring property owner on Allis Rd, stated there were concerns with the current state of
the roads and questioned what would happen with the additional traffic. She questioned if they would be able to
see the plan.
Chairperson Maxwell stated if the rezone was approved, another public hearing would be held for the special use
permit. He requested further comment.
Ms. Boyak-Wohlfeil stated Land Use had received a letter of opposition that had been provided to the
Commission members; it was added to the file.
Chairperson Maxwell requested further comment; hearing none, he closed the public hearing.
Public Hearing Closed: 6:19pm
Advertised Case:

PZRZ26-002 – Robert Wilber, owner, and Dave Drews, applicant/representative, are requesting a rezone of a single parcel
located in Livingston Township on Murner Rd Gaylord, MI 49735. The property is currently in an AR/Agricultural Resource
Zoning District with a request to be rezoned to a R2/General Residential District. The purpose of the rezone is to allow
consistent uses with adjacent properties.

Chairperson Maxwell requested comment from Livingston Township.
Mr. Lovelace stated Livingston Township recommended the rezone; they thought it was a great opportunity to
add housing to the community at a reasonable density. There was R1 zoning to the south of this property and
single-family homes each on an acre of land was a decent size; the density would increase but it wouldn’t be like
Mapleleaf. He had anticipated opposition from the properties to the north but the lack of housing in the county
swayed the Township.
Chairperson Maxwell requested further comment.
Mrs. Beyer stated housing was needed, there was R1 zoning south of this property, and she trusted the
Township’s decision to rezone.
Chairperson Maxwell stated he was a member of the Housing Task Force and when the last study was done,
there was a need for over six-hundred (600) residential units (single-family, duplexes, etc.). This may not be
ideal for some but it would move the county closer to realizing that number. R1 is contiguous to the property so
there is not an issue; the Future Land Use Map (FLU Map) would need to changed simultaneously if this was
approved. The FLU Map designates the property as agriculture; it would need to be updated to medium-density
residential. He was in favor of the rezone.
Mr. Sanders stated they all understood the need for housing but he thought the current district line should be left
as is. This may not be the place for additional R1 zoning; he was opposed to the rezone.
Chairperson Maxwell requested a motion.

3|Page

Otsego County Planning Commission
Proposed Minutes for April 20, 2026
Motion made by Mr. Lovelace to recommend to the Otsego County Board of Commissioners approval of the
rezone of parcel number 080-020-300-005-15 located on the corner of Allis and Murner Rd. Gaylord, MI 49735
in Livingston Township from an AR/Agricultural Resource Zoning District to a R1/Residential District for
consistency with adjacent properties and uses; Seconded by Mr. Maxwell.
Motion approved by majority.
Public Hearing:
3.

Otsego County Future Land Use Map – Update Agriculture Zoning to Medium Density Residential Zoning

Chairperson Maxwell stated the case before them, opened the public hearing, and requested public comment.
Public Hearing Opened: 6:24pm
With no public comment, Chairperson Maxwell closed the public hearing.
Public Hearing Closed: 6:25pm
Advertised Case:
Otsego County Future Land Use Map – Update Agriculture Zoning to Medium Density Residential Zoning

Chairperson Maxwell stated this change would coincide with the previous rezone; he requested further comment
or discussion.
Mr. Lovelace stated if the property was going to be rezoned, this was part of the necessary process.
Chairperson Maxwell concurred and made the following motion:
Motion made by Mr. Maxwell to recommend to the Otsego County Board of Commissioners approval of the
update to the Otsego County Future Land Use Map concerning land in Livingston Township along Allis and
Murner Rd Gaylord, MI 49735 from an Agriculture Zoning District to a Medium-Density Residential District for
consistency with adjacent properties; Seconded by Mr. Hartmann.
Motion approved by majority.
Public Hearing:

4.
PZSU26-001 – ROWM Investments LLC and Robert & Olivia Smith, owner/applicant, have requested a Special Use
Permit/Site Plan Review for property located in Corwith Township at 1278 Alexander Rd Vanderbilt, MI 49795. The
proposed use of the property is to create an 88-site campground. The property is in an AR/Agricultural Resource Zoning
District. A campground is a permitted use subject to special conditions in an AR Zoning District
Parcel identification number:
042-011-400-025-00
1278 Alexander Rd
Vanderbilt, MI 49795
Legal Description:
SE 1/4 OF SW 1/4 LYING SELY OF CO RD & NWLY OF I 75 SEC 11 T32N R3W

042-011-100-005-05
Vacant
Vanderbilt, MI 49795
Legal Description:

PART OF SE 1/4 NWLY OF CO RD SEC 11, T32N-R3W: COMM AT S 1/4 COR OF SAID SEC 11; TH N 88* 18' 17" W, 1321.45' ALG S LN TO W 1/8 LN OF SAID
SEC 11; TH N 00* 30' 37" E, 306.72' ALG W 1/8 LN TO POB; TH N 00* 30' 37" E, 915.74' ALG W 1/8 LN; TH S 88* 22' 56" E, 211.81'; TH N 00* 30' 47" E,
53.68'; TH S 88* 22' 56" E 415.89'; TH N 00* 30' 47" E, 44.52' TO S 1/8 LN OF SEC; TH S 88* 22' 56" E, 579.05' ALG S 1/8 LN; TH 9.95' ALG A CURVE TO THE
RIGHT, SAID CURVE HAVING RADIUS OF 359.26', A LONG CHORD OF 9.95' BEARING S 35* 30' 41" W; TH S 36* 18' 52" W, 585.45'; TH 225.22' ALG A
CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 359.26', A LONG CHORD OF 221.55' BEARING S 54* 15' 21" W: TH S 72* 12' 25" W 429.47'; TH
374.12' ALG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 459.26', A LONG CHORD OF 363.86' BEARING S 48* 52' 12" W TO POB, CONT 15.26
ACRES M/L

Chairperson Maxwell stated the case before them and opened the public hearing; he requested public comment.
Public Hearing Opened: 6:26pm
Mr. Colosimo stated he has done electrical work for the owners and would continue to do so; he recused himself
from the case.

4|Page

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

Mr. Colosimo left the room at 6:26pm.

Dave Drews, Northern Michigan Engineering Inc, representing ROWM Investments, stated the plans presented
started with the existing conditions and proceeded with the proposed plan. There were small ponds on site with
natural ground water higher than it’s ever been so elevations would be updated to incorporate that area into the
plan. There was a natural berm on site with the Black Bear Golf Course to the north. The access road is a
county road with MDOT in charge of the interstate to the west. There were two (2) sections to the campground
because the road divided the properties. They were proposing sixteen (16) cabins and seventy-two (72) RV
sites. The minimum site size for RV parks was twelve-hundred square feet (1200 sq ft); the proposed sites were
basically three thousand square feet (3000 sq ft) and would have hook-ups for water, sewer, electric, and
cable/internet. There would not be any tent camping. The RV sites would be on the northern parcel and Park
Model cabins would be on the southern. The Park Models would be permitted for short-term rentals. The soils
on-site were sandy; two sanitary systems would be installed. Soil borings had been done and found to be ideal
for on-site sanitary. The RV sites would be seasonal and the Park Models would be year-round rentals. There
was additional parking for snow mobile and ATV trailers along I-75. There was existing vegetation along the
road, and setbacks for all the buildings have been met. The applicant owned the property on both sides of the
road and requested a waiver for any additional landscaping. The ponds would serve as the stormwater retention
area and may be aerated. The existing house on the southern parcel would become a store/check-in area for both
parcels during the summer season; check-in for the Park Models during the winter season would be at the Black
Bear Golf Course and the store would be closed. A privacy fence was proposed along the west-side of the
property; the RV park would be lower than the road so the RVs would not be noticeable. He requested
questions.
Ms. Corfis questioned the existing vegetation and the traffic along the access road.
Mr. Drews stated the road accessed the golf course and there was an existing site condominium north of the
course so there would be other traffic. A buffer was typically added for properties opposite a development and
additional landscaping could be added but because the owner owned both sides of the road and it was one
campground, they were requesting a waiver.
Mrs. Beyer questioned the size of the Park Model cabins, if they were tied down and if they looked like a tiny
home.
Mr. Drews stated they were four hundred square feet (400 sq ft), one (1) bedroom or one (1) bedroom with a
loft. The size was restricted by law, they would be tied down and looked like a tiny home.
Olivia Smith, property owner, submitted pictures of the Park Models.
Mr. Drews stated they were requesting conditional approval, the Road Commission did not see an issue with the
proposed driveways – permits just need to be applied for, the applicant would apply for a campground permit
through EGLE, and for the sanitary permit from the Health Department. Permits through MDOT and the
Conservation District would also be obtained.
Bridget Goff, neighboring property owner, questioned the fencing.
Mr. Drews pointed out the fencing on the site plan; there was an existing berm and trees but the privacy fencing
would run along the west property line.
Chairperson Maxwell requested further comment; hearing none, he closed the public hearing.
Public Hearing Closed: 6:47pm
Advertised Case:

PZSU26-001 – ROWM Investments LLC and Robert & Olivia Smith, owner/applicant, have requested a Special Use
Permit/Site Plan Review for property located in Corwith Township at 1278 Alexander Rd Vanderbilt, MI 49795. The
proposed use of the property is to create an 88-site campground. The property is in an AR/Agricultural Resource Zoning
District. A campground is a permitted use subject to special conditions in an AR Zoning District

Chairperson Maxwell requested comment from the township.

5|Page

Otsego County Planning Commission
Proposed Minutes for April 20, 2026
Judi Jarecki, Corwith Township representative, stated the owners were considered good neighbors and the
Township Board approved of the campground.
Mr. Hartmann stated he has been out to the restaurant at the Black Bear and was all for improving the property.
Ms. Corfis stated she thought it was a good use of the property and questioned if the township thought the
landscaping was sufficient.
Mrs. Jarecki stated with the exiting vegetation, the berm and the fencing, they had thought the landscaping was
enough as long as it was maintained; it did need to be kept back from the road area.
Chairperson Maxwell questioned Land Use’s concerns on the west side buffer.
Ms. Boyak-Wohlfeil stated Land Use wanted to ensure that the existing residence was thoroughly buffered from
the campground.
Chairperson Maxwell stated the west side fence would satisfy the buffer for the existing residence but wished to
ensure any future residence would be as well. He did not feel additional buffering along I-75 or the access road
was necessary but if MDOT was to remove vegetation along their right-of-way, additional trees would be
required.
Mrs. Jarecki questioned if the Road Commission had any intention of adding a left turn lane.
Mrs. Smith stated the Road Commission discussed resurfacing the road as it was deteriorating; she thought they
were possibly at the top of the list for next year but she did not know if they had any other intentions.
Chairperson Maxwell stated the Park Model cabins could not be rented out longer than a month and this should
be added as a condition.
Mrs. Beyer clarified that they did not meet the size requirement of a dwelling.
Mrs. Smith questioned if renting a cabin for multiple weekends throughout the year would be an issue.
Chairperson Maxwell stated that it would not be considered consecutive days and would not be a problem.
Ms. Corfis questioned how that would be controlled.
Mrs. Smith stated it would be controlled by contract language.
Chairperson Maxwell requested further comment, hearing none he made the following motion:
Motion made by Mr. Maxwell to approve the General Finding of Fact as presented; Seconded by Mr. Hartmann.
Motion approved unanimously. ATTACHMENT 1
Chairperson Maxwell read aloud the standards from Section 19.7. Finding the standards had been met, he made
the following motion:
Motion made by Mr. Maxwell to approve the Specific Finding of Facts as been met; Seconded by Mr.
Hartmann.
Motion approved unanimously.
Chairperson Maxwell requested a motion for PZSU26-001.
Motion made by Mrs. Jarecki to approve special use permit PZSU26-001 parcel numbers 042-011-400-025-00
and 042-011-100-005-05 located at 1278 Alexander Rd Vanderbilt, MI 49795 in Corwith Township for use as
an 88-unit Campground in the AR/Agricultural Resource Zoning District with the following conditions:
• A buffer be maintained along the west property line and should the neighboring property be split, the
buffer issue will be revisited;
• Approval from the Northwest Michigan Health Department/EGLE;
• Approval from the Otsego Conservation District and soil erosion permit;

6|Page

Otsego County Planning Commission
Proposed Minutes for April 20, 2026
• All required permits from Otsego County Land Use Services Department;
• No cabin rentals permitted for more than thirty (30) consecutive days except by employees;
Seconded by Mr. Hartmann.
Motion approved unanimously.
Mr. Colosimo rejoined the meeting at 7:02pm.
Public Hearing:

5.
PZSU26-002 – Treetops Resort, owner, represented by Quinn Ridley, Wade Trim, have requested a Special Use
Permit/Site Plan Review amendment for property located in Dover Township on Harry’s Way Gaylord, MI 49735. The
proposed use of the property is to amend the previously approved special use from a four (4) duplex unit development to
a ten (10) single-family cluster development within the existing Planned Unit Development (PUD). The PUD property is in
an AR/Agricultural Resource Zoning District. This is a permitted use subject to special conditions in a PUD and in an AR
Zoning District.
Parcel identification number:
050-008-100-005-07
Harrys Way
Gaylord, MI 49735
Legal Description:

2025 SPLIT FROM 050-008-100-005-05 PARCEL 1 COMM AT THE S 1/4 COR OF SEC 8, TH N 00DEG 36MIN 25SEC E 1637.36FT ALG THE N-S 1/4 LN OF SEC 8, TH S 89DEG 23MIN
35SEC E 288.36FT TO THE POB; TH N 07DEG 50MIN 08EC E 358.58FT, TH N 32DEG 08MIN 50SEC E 276.94FT, TH N 07DEG 24MIN 13SEC E 187.31FT, TH N 36DEG 58MIN 10SEC
E 52.31FT, TH N 18DEG 06MIN 04SEC W 116.83FT, TH N 15DEG 55MIN 00SEC E 116.63FT, TH N 85DEG 35MIN 57SEC E 134.32FT, TH 36.74FT ALG A NONTANGENT CURVE TO
THE RIGHT, SAID CURVE HAVING A RADIUS OF 189.08FT AND A CHORD OF 36.68FT BEARING S 11DEG 58MIN 44SEC E TH 139.51FT ALG A CURVE TO THE RIGHT SAID CURVE
HAVING A RADIUS OF 586.41FT AND A CHORD OF 139.19FT BEARING S 00DEG 24MIN 13SEC W, TH S 07DEG 13MIN 09SEC W 214.83FT, TH 273.76FT ALG A CURVE TO THE
LEFT, SAID CURVE HAVING A RADIUS OF 1092.00FT AND A CHORD OF 273.04FT BEARING S 00DEG 02MIN 14SEC W TH S 07DEG 08MIN 40SEC E 208.05FT, TH 149.39FT ALG A
CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 241.00FT AND A CHORD OF 147.01FT, BEARING S 24DEG 54MIN 10SEC E, TH S 42DEG 39MIN 40SEC E 111.99FT, TH
143.69FT ALG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 1061.40FT AND A CHORD OF 143.58FT BEARING S 38DEG 46MIN 59SEC E, TH N 76DEG 45MIN 47SEC
W 631.29FT TO THE POB, CONT 6.78 ACRES M/L SEC 8, T31N R2W

Chairperson Maxwell stated the case before them and opened the public hearing; he requested public comment.
Public Hearing Opened: 7:03pm
Quinn Ridley, Wade Trim, representing Treetops, stated a special use permit for a development of four (4)
duplexes had been previously approved consisting of eight (8) dwelling units; Treetops was amending the
special use to a total of ten (10) single-family dwellings. All driveway, stormwater, and lighting will adhere to
Otsego County zoning standards. The single-family dwellings would be serviced by individual wells, six (6) of
them would be serviced by individual septic systems, four (4) would be serviced by a communal drain field
based on the existing soil conditions. They’ve been working with the Health Department through the site
condominium process; it was currently pending. It was determined to be the best process moving forward.
Chairperson Maxwell requested further comment; hearing none, he closed the public hearing.
Public Hearing Closed: 7:04pm
Advertised Case:

PZSU26-002 – Treetops Resort, owner, represented by Quinn Ridley, Wade Trim, have requested a Special Use Permit/Site
Plan Review amendment for property located in Dover Township on Harry’s Way Gaylord, MI 49735. The proposed use of
the property is to amend the previously approved special use from a four (4) duplex unit development to a ten (10) singlefamily cluster development within the existing Planned Unit Development (PUD). The PUD property is in an
AR/Agricultural Resource Zoning District. This is a permitted use subject to special conditions in a PUD and in an AR
Zoning District.

Chairperson Maxwell requested comment from the township.
Trevor Boughner, Dover Township representative, stated the Board did not see any issue with the plan.
Chairperson Maxwell stated this was previously approved as a four (4) duplex development – eight (8) single
family dwellings – and now it was ten (10) single-family dwellings. He did not have an issue with the
amendment other than the insurance language in the Master Deed discussed with the developer prior to the
meeting. He requested further comment; hearing none, he made the following motion:

7|Page

Otsego County Planning Commission
Proposed Minutes for April 20, 2026
Motion made by Mr. Maxwell to approve the General Finding of Fact as presented; Seconded by Mr. Sanders.
Motion approved unanimously. ATTACHMENT 2
Chairperson Maxwell read aloud the standards from Section 19.7. Finding the standards had been met, he
requested a motion.
Motion made by Mr. Sanders to approve the Specific Finding of Facts as been met; Seconded by Mrs. Beyer.
Motion approved unanimously.
Chairperson Maxwell requested a motion for PZSU26-001.
Motion made by Mr. Boughner to approve special use permit PZSU26-002 parcel number 050-008-100-005-07
located on Harry’s Way Gaylord, MI 49735 in Dover Township for a10-unit single-family cluster development
within Treetops North Planned Unit Development in an AR/Agricultural Resource Zoning District with the
following conditions:
• Approval from the Northwest Michigan Health Department/EGLE;
• Approval from the Otsego Conservation District and soil erosion permit;
• All required permits from Otsego County Land Use Services Department;
• A finalized copy of the Master Deed/By-Laws submitted to the Otsego County Land Use Services
Department;
Seconded by Mr. Hartmann.
Motion approved unanimously.
Public Hearing:

6.
PZSU25-011 – Kent Family Farms, applicant, Josh Kent, owner, have requested an amendment to a Special Use
Permit/Site Plan Review for property located in Hayes Township at 6500 Nicklaus Dr, Gaylord, MI 49735. The proposed
amendment to the special use is to allow additional animals, buildings, and uses on the property. The property is in a RR/
Recreation Residential Zoning District. A private recreational facility is a permitted use subject to special conditions in an
RR Zoning District.
Parcel identification number:
070-028-400-060-00
6500 Nicklaus Dr Gaylord, MI 49735
Legal Description:
COMM. AT S 1/4 COR OF SEC. TH S 89 DEG W 500 FT FOR P.O.B., TH N 05 DEG W 329.75 FT., N 328.39 FT, N 57 DEG W 473.67 FT, N 70 FT, N 14 DEG E 339.20 FT,N 34 DEG
W 394.99 FT, N 89 DEG E 792 FT, S 28.75 FT, N 89 DEG E 264 FT, S 300 FT, N 89 DEG E 132 FT, N 657.59 FT, S 89 DEG W 132 FT, N 78 FT, N 49 DEG E 364.30 FT, N 89 DEG E
132 FT, S 45 DEG E 441 FT, S 23 DEG E 356.97 FT, S 329.04 FT, N 89 DEG E 461.29 FT, N 180 FT, N 89 DEG E 130 FT, N 478.56 FT, S 89 DEG W 262 FT N 38 DEG W 419.36 FT,
N 07 DEG E 332.33 FT, N 32 DEG E 390.73 FT, N 89 DEG E 792 FT, S 83 DEG E 392.74 FT, N 708.73 FT, S 89 DEG W 1203.39 FT, N 12 DEG W 336.20 FT, N 07 DEG W 331.57
FT, S 89 DEG W 393.01 FT, S 657.85 FT, S 11 DEG W 336.71 FT, S 25 DEG W 367.68 FT, N 84 DEG W 426 FT, S 45 FT, S 38 DEG W 422.87 FT, S 57 DEG W 621.92 FT, S 20 DEG
W 350.58 FT, S 89 DEG W 231 FT, N 28 DEG W 371 FT, S S 89 DEG W 330 FT, S 2293.15 FT, S 46 DEG E 473.03 FT, S 02 DEG E 655.24 FT, N 89 DEG E 385 FT , N 02 DEG W 60
FT, N 89 DEG E 264 FT, N 74 DEG E 391.11 FT, N 35 DEG E 205 FT, N 25 DEG E 363.53 FT , S 89 DEG W 812 FT, N 42 DEG E 444.77 FT TO POB. SECTIONS 28 AND 33, T29N
R4W, DOYLE CIVIL ENGINEER SURVEY 1-23-75

070-028-100-030-03
Vacant Gaylord, MI 49735
Legal Description:

COM AT SW COR OF NW 1/4 OF NE 1/4, N 0DEG 30MIN 50SEC W 328. 75', N 89DEG 19MIN 20SEC E 657.98' TO POB, N 0DEG 39MIN 10SEC W 329.66', N 89DEG 18MIN 25SEC E
328.5 9', S 0DEG 43MIN 20SEC E 329.75', S 89DEG 19MIN 20 SEC W 328.99' TO POB SEC 28 T29N R4W CONT 2.49 ACR ES M/L PARCEL "C" SPLIT FOR 1992 FROM 070-028-100030-00.

070-028-100-030-04
Vacant Gaylord, MI 49735
Legal Description:

COM AT SW COR OF NW 1/4 OF NE 1/4, N 0DEG 30MIN 50SEC W 328. 75', N 89DEG 19MIN 20SEC E 986.97' TO POB, N 0DEG 43MIN 20SEC W 329.75', N 89DEG 18MIN 25SEC E
328.5 9', S 0DEG 47MIN 30SEC E 329.84', S 89DEG 19MIN 20 SEC W 328.99' TO POB SEC 28 T29N R4W CONT 2.49 ACR ES M/L PARCEL "D" SPLIT FOR 1992 FROM 070-028-100030-00.

070-028-200-070-00
Vacant Gaylord, MI 49735
Legal Description:

BEG AT SW COR OF SE 1/4 OF NW 1/4, TH N 327.82 FT, N 89DEG E 1320.44 FT, S 38DEG W 422.87 FT, S 89DEG W 1056 FT TO POB. TRACT 28/25 SEC 28 T29N R4W.

8|Page

Otsego County Planning Commission
070-028-400-020-00
Vacant Gaylord, MI 49735
Legal Description:

Proposed Minutes for April 20, 2026

COMM AT SE COR OF SEC, TH N 1 DEG W 1321 FT FOR P.O.B., TH CONT N 1 DEG W 500.70 FT, TH S 89 DEG W 1186.88 FT, TH S 324.8 FT, TH S 89 DEG W 130 FT., TH S
175.90 FT., TH N 89 DEG E 1319.28 FT TO P.O.B., PARCEL 36, SEC. 28. T29N R4W

070-028-400-035-00
Vacant Gaylord, MI 49735
Legal Description:

BEG 657.50 FT N OF SW COR OF NW 1/4 OF SE 1/4, TH N 78 FT, N 49DEG E 364.30 FT N 89DEG E 132 FT, S 45DEG E 441 FT, S 89DEG W 720 FT TO POB. TRACT 28/42W SEC 28
T29N R4W

070-028-400-040-00
Vacant Gaylord, MI 49735
Legal Description:

BEG N 89DEG E 132 FT & 328.79 FT N OF SW COR OF NW 1/4 OF SE 104, TH N 328.79 FT, N 89DEG E 528 FT S 23DEG E 356.97 FT S 89DEG W 726 FT TO POB TRACT 28/43 SEC
28 T29N R4W

070-028-400-045-00
Vacant Gaylord, MI 49735
Legal Description:

BEG 132 FT E OF SW COR OF NW 1/4 OF SE 1/4 TH E 726 FT, N 329.04 FT, W 726 FT, S 328.79 FT TO POB PT OF TRACT 28/44 SEC 28 T29N R4W

070-033-200-015-00
Vacant Gaylord, MI 49735
Legal Description:

BEG S 2DEG E 655.10 FT OF N 1/4 COR, TH S 2DEG E 327.55 FT, S 89DEG W 939.24 FT N 2DEG W 60 FT, N 89DEG E 264 FT N 74DEG E 391.11 FT, N 35DEG E 205 FT, N 89DEG E
169 FT TO POB. TRACT 33/30 T29N R4W

070-033-200-027-00
Vacant Gaylord, MI 49735
Legal Description:

E 4.98 AC. OF S 1/2 OF S 1/2 OF NE 1/4 OF NW 1/4 PART OF TRACT 33/29 SEC 33 T29N R4W

070-033-200-020-00
Vacant Gaylord, MI 49735
Legal Description:

E 1/2 OF W 1/2 OF S 1/2 OF S 1/2 OF NE 1/4 OF NW 1/4 SEC 33 T29N R4W

070-033-200-020-01
Vacant Gaylord, MI 49735
Legal Description:

W 1/2 OF W 1/2 OF S 1/2 OF S 1/2 OF NE 1/4 OF NW 1/4 SEC. 33 T29N R4W

070-033-200-030-00
Vacant Gaylord, MI 49735
Legal Description:

S 1/2 OF N 1/2 OF NW 1/4 OF NW 1/4 EXC ELY 330 FT PART OF TRACT 33/2 SEC 33 T29N R4W BLACK FOREST GOLF COURSE

070-033-200-040-00
Vacant Gaylord, MI 49735
Legal Description:

N 1/2 OF S 1/2 OF NW 1/4 OF NW 1/4 EXC ELY 330 FT M/L PT TRACT 33/3 SEC 33 T29N R4W BLK FOREST GOLF COURSE

070-033-200-050-00
Vacant Gaylord, MI 49735
Legal Description:

SW 1/4 OF NW 1/4 & S 1/4 OF NW 1/4 OF NW 1/4 SEC 33 T29N R4W BLK FOREST GOLF

070-033-300-015-04
Vacant Gaylord, MI 49735
Legal Description:

W 1/2 OF SW 1/4 SEC 33 T29N-R4W CONT 80 AC M/L 98 SPLIT FROM 070-033-300-015-00 BLACK FOREST GOLF

070-033-200-095-02
Vacant Gaylord, MI 49735
Legal Description:

2026 SPLIT FROM 070-033-200-052-04 SURVEY 11/23 FILE 235239 BRAND
PT N 3/4 OF SE 1/4 OF NW 1/4 SEC 33 T29N R2W HAYES TWP OTSEGO CO COMM N 1/4 COR OF SEC 33, TH S 01 50 15 E 1309.04 FT ALG N-S LN AS MONUMENTED TO POB,
CONT N-S LN SEC 33 S 02 09 24 E 40.01 FT, TH N 89 59 59 W 795.81 FT, TH S 16 42 07 E 396.80 FT TH S 81 09 50 W 562.82 FT. TH S 01 45 20 E 425. FT, TH N 89 17 32 W 70. FT
TO W 1/8 LN, SEC 33, N 01 45 20 W ALG W 1/8 LN 930.86 FT TO N 1/8 LN SEC 33, TH N 89 59 59 E ALG N 1/8 LN 1321.90 FT TO POB. CONT 7.63 A M/L

9|Page

Otsego County Planning Commission
070-032-100-005-00
Vacant Gaylord, MI 49735
Legal Description:

Proposed Minutes for April 20, 2026

E 1/2 OF NE 1/4 & E 1/2 OF SE 1/4 SEC 32 T29N R4W BLACK FOREST GOLF COURSE

Chairperson Maxwell stated the case before them and opened the public hearing; he requested public comment.
Public Hearing Opened: 7:10pm
Josh Kent, property owner of Kent Family Farms, presented a digital overview showing what was being offered
at the farm. He stated he bought the foreclosed golf course in 2020. He immediately started repairing the
existing buildings. In 2022 he applied for a special use permit and was approved for a list of agritourism uses.
Because it did not state limited to or restricted to so he was under the assumption that additional uses would be
allowed as long as they were linked to agritourism. It was a misunderstanding on his part. His plan for
Christmas trees and apple trees did not pan out as planned so he pivoted and started adding uses and animals.
He added donkeys, longhorn cows, yaks, peacocks, and also added children activities. After five (5) years, he
finally opened last fall. The smaller, cuter animals were a hit so he would probably reduce the number of
longhorn and yaks to bring in more smaller animals. He wished to keep the farm evolving so he was looking for
a blanket-type approval for future activities and agritourism uses. He presented supporting letters from different
entities and neighboring property owners and stated he was requesting approval for what he’s done to date as
well as allowing some give with the language.
Paul Slough, attorney, stated all the documents submitted had been updated from the previous site plan depicting
all the buildings, animal structures, and activity areas currently on the farm and submitted to the Land Use
office. Mr. Kent then decided he wished to build a home on the property so that has been added to the site plan
as well. This was a business so they were looking for some flexibility in the uses to respond to customer
demand and whatever the market required to be successful. It was understood the Planning Commission needed
to impose some restrictions on what was being done on the property but the previous uses were quite restrictive;
they did not want to amend the whole special use again next year because something like a tire swing was added.
It was an expensive process. They were not looking for the permit to be open-ended, only the ability to change
or add a children’s activity or offer a different type of animal without having to amend the special use.
Chairperson Maxwell requested comment from Hayes Township.
Mary Sanders, Hayes Township Supervisor, stated the township letter also stated there needed to be some
flexibility in the use. They were aware of the proposed residence and were pleased with the addition to the
township as it was becoming a tourist attraction. It has proven to be successful and was a good addition to
Otsego County.
A neighboring property owner, stated he was in favor of the farm and encouraged the Planning Commission to
approve the use; it’s a good experience for our children and an opportunity for family time.
Michelle Childs, Wilderness Valley Property Owner’s Association representative, stated their support of the use
was the same but they had concerns with the number of parcels surrounding the golf course that were added to
the special use request. The residential parcels around Shawnee Trl, Tittabawassee Trl, Calumet Trl, Nicklaus
Dr and Players View were part of the original association and under the Associations jurisdiction and they
requested they not be included in the special use.
Chairperson Maxwell questioned if Land Use needed specific parcels.
Ms. Boyak-Wohlfeil stated if parcels were being removed from the special use request, a list of parcel numbers
would be needed.
Mrs. Sanders stated she thought the Wilderness Valley Board’s concern was these parcels would become one (1)
and there would only be one (1) assessment; this could cause the Board financial distress.
Mrs. Childs stated they had concerns with the potential development of these residential parcels.
Chairperson Maxwell clarified that they did not want the original Wilderness Valley parcels deeded as part of
the POA to lose their individual ownership and plat and to not be combined.

10 | P a g e

Otsego County Planning Commission
Proposed Minutes for April 20, 2026
Mr. Slough stated they were not asking any parcels to be rezoned; they had discussed the possibility of other
parcels being used in the future operation, and Mr. Kent was advised to request that now or he would be in
violation if they were used in that manner.
Mrs. Childs stated they did not want the possibility of the use infringing on residential property.
Chairperson Maxwell stated a condition could be added that these deeded parcels could not be combined with
the golf course property in the future.
Mr. Slough stated there were other issues with combining platted lots with the golf course description.
Chairperson Maxwell stated a condition would address their concerns, it wouldn’t change the plans of the
special use as the deeded parcels weren’t planned for business use but the flexibility would be there for adjacent
uses.
Mrs. Childs requested clarification on the uses.
Chairperson Maxwell requested comment from Land Use.
Ms. Boyak-Wohlfeil stated if all the parcels were included in the special use permit, that use could expand to the
other parcels and it wouldn’t have to be a residential use.
Mr. Sanders stated the special use would incorporate those parcels and questioned what would happen if the
parcels were sold.
Ms. Boyak-Wohlfeil stated the parcels would need to be withdrawn from the special use.
Mr. Slough questioned if the zoning was appropriate for the special use on those parcels.
Ms. Boyak-Wohlfeil stated they were zoned for residential uses but if they were added to the special use, those
commercial uses could expand to those parcels as well.
Roger Ellis, neighboring property owner, stated the foreclosure of the golf course affected everyone’s property;
the current use has improved property values.
Yvette Mullins, neighboring property owner, stated she was in favor of the farm but had concerns with the
number of animals. She questioned if the one hundred (100) animals permitted were per species and questioned
the placement of Mr. Kent’s residence.
Mr. Kent stated the total number of animals permitted for all species was one hundred (100) and he depicted on
the site the placement of his residence.
Dana Randall, neighboring property owner, was in favor of the farm and encouraged the Commission to
approve.
Jan Fredericks, neighboring property owner, questioned if the property behind their house would remain grazing
land.
Mr. Kent stated when the tourists were there, the longhorn would be on the showtime pastures; they would go
back to their barn after the show.
Cathy Postlewaite, neighboring property owner, stated she understood the concerns the Board had with including
the residential parcels in the special use but also understood the need to include them for uses such as ingress
and egress.
Chairperson Maxwell requested further comment; hearing none, he closed the public hearing.
Public Hearing Closed: 7:44pm
Advertised Case:

PZSU25-011 – Kent Family Farms, applicant, Josh Kent, owner, have requested an amendment to a Special Use Permit/Site
Plan Review for property located in Hayes Township at 6500 Nicklaus Dr, Gaylord, MI 49735. The proposed amendment
to the special use is to allow additional animals, buildings, and uses on the property. The property is in a RR/ Recreation

11 | P a g e

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

Residential Zoning District. A private recreational facility is a permitted use subject to special conditions in an RR Zoning
District.

Chairperson Maxwell requested comment from Commission members.

Mr. Sanders stated the special use was being amended to add two (2) additional parcels to the original special
use.
Ms. Corfis stated the Zoning Ordinance does not define agritourism so they have no boundaries for the use. This
was called a farm but it’s more of a petting zoo which brings other issues to the forefront such as dangers with
animal interactions. This was more of a service or entertainment being sold in lieu of crops. It began with some
reindeer and apples and it’s gotten this far. She did not think the operation should be expanded until zoning had
a better handle on the use.
Mrs. Sanders stated she understood the concern but zoning changes take time and every single thing cannot be
addressed. Agritourism is a recognized farm.
Chairperson Maxwell stated the Planning Commission has been working on a lot of changes over the past few
years. The zoning districts were being reviewed; agritourism is not defined but it’s something that will be
addressed.
Ms. Corfis stated the intentions were good but the use has grown from what was approved and there should be
safeguards and zoning in place to aim for. She questioned if this was a farm or a petting zoo.
Mr. Kent stated the term agritourism could be googled and that was what he based his animals and activities on.
Ms. Corfis stated she had looked at agritourism in other places and there were concerns with animal interaction
and transmission of germs. She just wanted some metes and bounds to be able to get a handle this.
Chairperson Maxwell requested comment from Land Use.
Ms. Boyak-Wohlfeil stated when the special use was first approved, it was approved as a private recreational
facility with the agritourism uses listed. It did not state ‘limited to or restricted to’ but it specifically listed those
uses and with it being a residential area, the Planning Commission did not expect the addition of uses without
coming before them again.
Mr. Slough stated this had been discussed and he should have come back to the Commission for approval
beforehand. He was not requesting blanket approval for agritourism, he was using the term for meaning and was
specifying very specific criteria by limiting certain activities, limiting a certain number and type of animal and
very clearly saying this is a general agricultural operation.
Ms. Corfis stated they can’t get a handle on something that isn’t defined. The use is well passed eight (8)
reindeer and some apples. She visited the site and had concerns with parking and employees.
Chairperson Maxwell stated boundaries can be set with the conditions. He requested comment from other
Commission members.
Mr. Colosimo stated the term agritourism needed to be addressed but that was a planning commission issue not
Mr. Kent’s.
Mr. Hartmann stated he had visited the site and thought the facility was good for the county.
Mrs. Beyer stated she liked the children’s events and activities, the corporate meetings, and yoga. The purpose
of agritourism is to educate, entertain, and experience rural life; she thought this was the purpose of the facility.
Mr. Sanders stated he was in favor of the facility; the reason Mr. Kent was in front of the Commission was for
the changes made, buildings that needed to be properly permitted, and some parking issues. He thought the local
community was in favor and he was in full support of the endeavor.
Ms. Corfis stated the facility could be allowed to continue but should not be allowed to increase anything until
they had a good definition for it.

12 | P a g e

Otsego County Planning Commission
Proposed Minutes for April 20, 2026
Chairperson Maxwell stated that was unlikely as he did not think the language would be complete within the
timeframe they were working with.
Ms. Corfis questioned the course of action if more were to be added to the site after approval and she had
concerns with the additional parcels, she wanted guidance so this didn’t happen again. She questioned the
number of animals as well as the fencing.
Chairperson Maxwell stated the case would come back before the Planning Commission if anything more was
added than what was approved and the additional parcels had not been addressed yet. One hundred (100)
animals total would be the most allowed; he questioned what type of fencing was on the property.
Mr. Kent stated the fencing was five feet (5’) tall and wired as required by the USDA; there is a barrier fence
about five feet (5’) out from the main fence for safety.
Mandy Collins. Kent Family Farms animal caretaker, stated under USDA regulations, the public can pet the
animals if there is someone managing the interaction.
Chairperson Maxwell stated the fencing type was fine as long as it was not single-wire or barbed-wire in the
residential district.
Mr. Seidell stated there was another agency overseeing the animals with its own guidelines.
Ms. Boyak-Wohlfeil stated the property was in a residential district and farm animals were looked at differently;
they had additional criteria to meet.
Ms. Corfis stated the residential district was there prior to so the district needed to abided by.
Chairperson Maxwell questioned Land Use’s concerns.
Ms. Boyak-Wohlfeil stated the concerns had to do with farm animals in a residential district and fencing
requirements. There were setbacks for animal structures and containment areas that were not met; the first site
plan addressed the thirty-foot (30’) setback but the current plan did not. The fencing requirement in a front yard,
and anywhere along a road was considered a front yard, the fence could not be taller than 3.5 feet and be of open
design. The five-foot (5’) fence would be permitted just not in the front yard.
Mr. Kent stated the fence along any road was setback thirty feet (30’), along a residential property, it was placed
along the property line.
Chairperson Maxwell stated confirmation of the fencing requirements would be a condition.
Mr. Slough stated he had discussed this with Land Use and interpreted this to apply to a more-dense residential
district. He encouraged the section be looked at further; they would seek a variance if needed. The special use
could be approved tonight subject to ZBA approval of a dimensional variance for the fencing, if not granted, the
fence would have to be moved to comply.
The list of uses was read through for discussion and consensus. Conditions placed on the special use were
discussed.
Chairperson Maxwell questioned the hours of operation.
Mr. Kent stated this was a family destination and was also his backyard. The hours would not be extreme; they
were open until 6:00pm last year, people were usually gone by 4:00pm but they were open later during
Christmas time for the light display. The hours would be reasonable but it was dependant on what the customers
wanted.
Chairperson Maxwell stated specific hours needed to be set.
Hours of 7:00am to 10:00pm without any music past 8:00pm was suggested.
Ms. Boyak-Wohlfeil stated nighttime came earlier in the fall and winter months so lights would be needed.

13 | P a g e

Otsego County Planning Commission
Proposed Minutes for April 20, 2026
Chairperson Maxwell stated there were concerns previously with the lighting around the ice-skating area. That
amount of lights backing up to a residential district would be a concern.
Mr. Seidell stated they could just put up commercial shielded lighting.
Chairperson Maxwell stated there was not a lighting plan contained in the packet and they needed to be careful
of what would be installed.
Ms. Boyak-Wohlfeil stated the previous special use was approved conditionally pending a photo-metric light
plan because of the distance from the neighbor. Mr. Kent decided not to go through with it and stated the iceskating pond would not move forward.
Chairperson Maxwell stated they needed to be cautious, they did not want to create issues with the lighting and
neighboring properties. Worst case scenario, the property was sold. The special use permit would stay with the
property and the lighting could get out of hand. There needed to be clear guidance to the expectations of the
lighting and displays.
Mr. Kent stated if ice skating was the issue, he would do away with it.
Chairperson Maxwell stated the addition of the residential parcels needed to be addressed. He requested
comment from Land Use.
Ms. Boyak-Wohlfeil stated just because Mr. Kent wished to incorporate additional parcels under the special use
did not mean they would be under one (1) parcel number. They would still be separate parcels but the
commercial use would be able to expand onto those additional parcels.
Chairperson Maxwell stated they needed to protect the residential parcels as much as possible.
Mr. Slough suggested conditions be placed on the additional residential parcels or possibly square off certain
areas on them for the use.
Mrs. Childs stated these parcels were residential and under their residential zoning, pastures and parking lots
were not allowed. Changing the boundaries of the parcels would create a mess for the Association.
Ms. Boyak-Wohlfeil stated whether they were incorporated under one (1) parcel number or not, the special use
would open-up the parcels to agricultural and commercial uses.
Mr. Slough stated there were two (2) sets of restrictions in play, the Zoning Ordinance and the Association’s
Deed Restrictions and both needed to be abided by.
Mrs. Childs stated the Association had concerns as to the uses that could be allowed on these other parcels.
Discussion ensued concerning the additional parcels.
Mr. Kent stated he did not have current plans for the additional parcels but would like the option if he needed
instead of having to come back before the Planning Commission again.
It was determined the following parcels would be included in the special use permit:
070-028-100-030-03
070-028-100-030-04
070-028-200-070-00
070-033-200-015-00
070-033-200-027-00
070-033-200-020-00
Chairperson Maxwell made the following motion for the General Finding of Fact.
Motion made by Mr. Maxwell to approve the General Finding of Fact as presented; Seconded by Mr. Hartmann.
Motion approved unanimously. ATTACHMENT 3

14 | P a g e

Otsego County Planning Commission
Proposed Minutes for April 20, 2026
Chairperson Maxwell read aloud the standards from Section 19.7. Finding the standards had been met, he made
the following motion:
Motion made by Mr. Maxwell to approve the Specific Finding of Facts as been met; Seconded by Mrs. Beyer.
Motion approved unanimously.
Chairperson Maxwell requested a motion for PZSU25-011.
Motion made by Mr. Sanders to approve special use permit PZSU25-011 for the amended parcels listed located
at 6500 Nicklaus Dr Gaylord, MI 49735 in Hayes Township for use as a Private Recreational Facility with the
following uses and conditions:
Allowed Uses:
o Apple Orchard
o Cider Mill
o Christmas Trees/Light Displays
o Farm Animal Display Areas
o Future Farm Animals – Not to exceed 100 farm animals such as but not limited to chickens, ducks,
goats, cows, llamas, alpacas, etc. per USDA regulation
o Skating
o Hiking/Cross Country Skiing/Snowshoeing on Existing Golf Course
o Hay Rides
o Lavender and Other Outdoor Gardens (Fruits & Vegetables)
o Gift Shop
o Bar & Grill Operations/Snack Sales including Farm Produced Products and Prepackaged Items for
Resale
o Children’s Play Areas and Non-Motorized Carts
o Special Events related to the above activities to include but not limited to Children’s Birthday Parties,
Field Trips, Company Meetings, Yoga Classes, Santa Visits
o Weddings Not Permitted
Conditions:
• Setback requirements of Section 21.29 and Fencing requirements of Section 21.10 and any required
buffer along farm enclosures are contingent on a variance request to the Zoning Board of Appeals
• Public ingress/egress from Nicklaus Dr only
• On-site parking only
• All required permits submitted to Land Use
• Six parcels included in the Special Use together with parcel 070-028-400-060-00 are as follows:
070-028-100-030-03
070-028-100-030-04
070-028-200-070-00
070-033-200-015-00
070-033-200-027-00
070-033-200-020-00
• Hours of Operation – 7:00am – 10:00pm – 7 Days a Week
Seconded by Mr. Hartmann.
Motion approved unanimously.
Chairperson Maxwell stated for clarification – any changes to the lighting moving forward would have to be
brought back before the Planning Commission for approval.
Public Hearing:

7.

Data Center – Moratorium Ordinance

Chairperson Maxwell stated the case before them, opened the public hearing, and requested public comment.

15 | P a g e

Otsego County Planning Commission
Proposed Minutes for April 20, 2026
Public Hearing Opened: 9:11pm
Chairperson Maxwell requested further comment; hearing none, he closed the public hearing.
Public Hearing Closed: 9:11pm
Advertised Case:

Data Center – Moratorium Ordinance

Chairperson Maxwell requested further comment, hearing none, he requested a motion.
Motion made by Mrs. Beyer to recommend to the Otsego County Board of Commissioners for consideration
and approval of a counsel collaborated six-month Data Center Moratorium Ordinance reinforcing the
approved Data Center Moratorium Resolution OCR 26-05 with the expressed option for the County to
extend the Moratorium Resolution/Ordinance an additional six months if, and when needed; Seconded by
Mr. Hartmann.
Motion approved unanimously.
New Business: None
Unfinished Commission Business: None
Reports and Commission Member’s Comments:
1.

Otsego County Parks & Recreation report

Mrs. Jarecki stated the Parks & Rec would hold future meetings at the Otsego County Airport; electrical
upgrades were being worked on at the County Park; the garage door at the Community Center was damaged
from plowing heavy snow and needed to be replaced – the after-school program had been canceled due to bad
behavior; a millage renewal would be requested; and work at Irontone Springs was underway – the artesian well
was being disassembled.
2.

Land Use Services – Zoning, Planning

Mr. Marquard stated the brownfield work was coming along, they had received eighty-two (82) bids for the
County Court Complex, twenty-six (26) subsections, a special Budget & Finance meeting had been scheduled
before the bids went before the Board; and the new dam structure was working great.
Ms. Boyak-Wohlfeil stated Land Use did not currently have any cases pending, but was waiting for
documentation for a site condominium on Evergreen Rd in Bagley Township.
With nothing further, Chairperson Maxwell adjourned the meeting.
Adjournment: 9:15pm by Chairperson Maxwell
Karin Beyer; Secretary
Christine Boyak-Wohlfeil

16 | P a g e

Otsego County Planning Commission
ATTACHMENT 1 – PZSU26-001:

Proposed Minutes for April 20, 2026
OTSEGO COUNTY
PLANNING COMMISSION
PZSU26-001

Special Use Permit/Site Plan Review
042-011-400-025-00
042-011-100-005-05
GENERAL FINDINGS OF FACT
1.

This is a proposal for a special use permit for an eighty-eight (88) site campground. Exhibit #1, Exhibit #5

2.

The proposed property is in an AR/Agricultural Resource Zoning District. Exhibit #2

3.

The proposed use is a permitted use subject to special conditions in an AR Zoning District. Exhibit #3

4.

The use is proposed for two (2) parcels in Corwith Township. Exhibit #1, Exhibit #4, Exhibit #5

5.

The proposed parcels border Beals Rd to the north and south. Exhibit #5

6.

The two (2) parcels total 20.23-acres with 1,000+/- ft in width along Beals Rd. Exhibit #4, Exhibit #5

7.

The parcels meet the minimum requirements for a campground – 20-acres – 600-feet in width. Exhibit #3

8.

The properties are currently under the ownership of ROWM Investments LLC and Robert & Olivia Smith. Exhibit #1,

9.

Robert and Olivia Smith are agents of ROWM Investments LLC. Exhibit #6

10.

The name of the proposed project is Black Bear Campground. Exhibit #5

11.

The proposed campground is scheduled for construction April 2026 with completion by November 2026. Exhibit #5

12.

Three (3) ingress/egress access points are proposed from Beals Rd. The existing entrance to the southern parcel is
gravel, all interior roads will be asphalted. Exhibit #5

13.

The parcel to the north of Beals Rd proposes 72 RV cement pads for seasonal use including a park area around the
sites as well as a dog park. Tent camping will not be permitted. Exhibit #5, Exhibit #20

14.

Seasonal use of the RV sites will be from April 20th – October 20th annually. Exhibit #5

15.

Most RV sites will provide full hook-ups (electric, water, sanitary); additional sites will provide partial hook-ups
(electric, water). Exhibit #5

16.

A free-standing fire pit will be provided for each RV site. Exhibit #5, Exhibit #20

17.
18.

Exhibit #4

A Dump Station is proposed for the northern parcel; EGLE will determine if this is needed. Exhibit #5, Exhibit #19, Exhibit

#20

The parcel to the south of Beals Rd proposes 16 cabins for year-round use as short-term rentals; all utilities provided.

Exhibit #5

19.

Each cabin will be provided with a ground fire ring. Exhibit #5, Exhibit #20

20.

A community well and septic area is proposed for the cabins. Exhibit #5

21.

The southern parcel will include a camp store utilizing the existing dwelling. Exhibit #5

22.

The proposed camp store will be open during the RV campground season providing check-ins for both RV and cabin
use; check-ins for cabin usage during the winter months will be provided at the Black Bear Golf Course. Exhibit #5

23.

The proposed camp store will be staffed with one (1) employee during the RV campground season with an additional
employee provided for daily grounds maintenance during the summer and snow removal in the winter. Exhibit #5

24.

Emergency contact information is proposed for inside and outside of the camp store and at the entrance to the RV
campground. A designated emergency contact phone number and a secondary emergency contact phone number
will be posted. Exhibit #5

25.

A 6-foot wooden privacy fence is proposed along the west property line of the northern parcel bordering the
neighboring property. Exhibit #5

17
Exhibit 13

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

26.

Properties to the north and west are zoned AR/Agricultural Resource, properties to the south of Alexander Rd are
zoned FR/Forestry Recreation and properties to the east across from I-75 are zoned I/Industrial and FR/Forestry
Recreation. Exhibit #2

27.

A waiver of the landscaping requirements is being requested for property along both sides of Beals Rd and Alexander
Rd with retention of existing trees. Landscaping is proposed around the septic area at the RV campground. Exhibit #5

28.

Proposed lighting at each entrance will consist of 20-foot light poles with down directional lighting. Wall-mounted
lights are proposed for each cabin. Exhibit #5

29.

Each proposed RV site will include room for an additional parking space. Exhibit #5

30.

Each proposed cabin will include two (2) parking spaces with required parking provided at the proposed camp store
including an ADA parking space. An additional gravel parking lot is proposed along the property line bordering I-75
for ATVs, snowmobiles trailers. Exhibit #5

31.

Directional signage will be installed throughout the campground and the existing signage will be reconditioned.
Additional permits may be required. Exhibit #5, Exhibit #20

32.

An enclosed dumpster is proposed for the southern parcel near the camp store for store/cabin use; owner is
proposing curb-side pick-up for RV use to be disposed of by owner. Exhibit #5

33.

Overhead utilities are existing. Exhibit #5

34.

The Public Hearing Notice was published in the Herald Times on February 27, 2026. Exhibit #7

35.

The requirements of Article 27 of the Otsego County Zoning Ordinance have been met. Exhibit #8, Exhibit #9

36.

All property owners within three hundred (300’) feet were properly notified of the public hearing. Exhibit #10

37.

The Planning Commission has the authority to approve a Special Land Use request after review and compliance with
the Otsego County Zoning Ordinance. (Section 19.7) Exhibit #3

38.

The required fees have been collected by Otsego County Land Use Services. Exhibit #11

39.

The site plan requirements of Article 23 have been reviewed by Otsego County Land Use and all requirements
pertaining to the proposed development have been addressed by the Applicant. Exhibit #3

40.

Agency letters for the proposed project have been sent to the Otsego County EMS, Otsego County Fire Department,
and Otsego County Conservation District. Exhibit #14, Exhibit #15. Exhibit #16 – pending

41.

Permits from the State of Michigan Environment, Great Lakes and Energy (EGLE), Northwest Michigan Health
Department, Otsego County Road Commission, Otsego County Conservation District and Otsego County Land Use
Services will be submitted upon conditional approval of special use permit. Exhibit #5, Exhibit #16, Exhibit #17, Exhibit #18,
Exhibit #19, Exhibit #20

18
Exhibit 13

Otsego County Planning Commission
Proposed Minutes for April 20, 2026
OTSEGO COUNTY
PLANNING COMMISSION
PZSU26-001
Special Use Permit/Site Plan Review
042-011-400-025-00
042-011-100-005-05

SPECIFIC FINDINGS OF FACT
FINDINGS UNDER ARTICLE 9 / SECTION 9.2.19
ARTICLE 9 AR AGRICULTURAL RESOURCE DISTRICT
INTENT

Amended 4.13.2021

The Agricultural Resource District is intended to encourage the maintenance of productive farm and agricultural land
for growing, raising or production of food stuffs. It is further intended that the productive agricultural land base of the
County be maintained in agricultural activities. Other land uses and activities may be permitted if they meet the
objective of retaining farmlands in an open land character.
SECTION 9.1 PRINCIPAL USES PERMITTED
No buildings or land shall be used and no building shall be erected except for one (1) or more of the following
specified uses:
9.1.1 One (1) family dwelling unit
9.1.2 Two (2) family (duplex) dwellings subject to the one (1) family density requirements with a minimum lot
width of three hundred feet (300’)
9.1.3 Two (2) detached single-family dwelling units may be permitted, subject to the following conditions:
9.1.3.1 There is a separation between the two (2) dwellings so the lot may be divided into two (2) legal lots with each
lot having a lawful minimum width and area, with each dwelling still maintaining the front, side and rear setback as
regulated in the District.
9.1.3.2 The County Health Department approves the sanitary system.
9.1.4 Growing, raising, and harvesting of agricultural products and farm livestock
9.1.5 Woodlots, tree farms, nursery field stock, and harvesting activities
9.1.6 Buildings for storing or housing machinery, equipment and/or livestock, including repair operations when
accessory to agricultural and farm operations
9.1.7 Experimental agricultural activities and uses related to farm research
9.1.8 Wildlife habitat and plant species preservation areas
9.1.9 Farm industries may include saw mills of a permanent or temporary nature, with assembly of green or
untreated wood to a usable item for marketing, provided the operation is conducted as an accessory to a farm and
that the use is two hundred feet (200’) from property lines
9.1.10 Bed and breakfast/Tourist homes
9.1.11 Family and group care facilities meeting applicable state licensing requirements
9.1.12 Family child care homes and group child care homes
9.1.13 Forest production and forest harvesting operations including temporary sawmills, temporary log storage yards
and related facilities
9.1.14 Fraternal lodges
9.1.15 Aircraft Landing Strips
9.1.16 Churches
9.1.17 Cemeteries [Permit criteria include Article 21.4]

19

Exhibit 14

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

9.1.18 Dwellings less than sixteen feet (16’) wide [Permit criteria include Article 21.22]
9.1.19 Riding academies or stables [Permit criteria include Article 21.35]
9.1.20 Roadside stands (agricultural-temporary) off the road right-of-way, provided that the stand be operated only
seasonally, that hours not exceed dawn to dusk, that large equipment, including semi-tractor-trailers, not be
parked at the site and that the parking requirements of Article 21.27 be observed
9.1.21 Veterinary hospitals, clinics with indoor kennel [Permit criteria include Article 21.45]
9.1.22 Travel trailers (on private property) [Permit criteria include Article 21.33]
9.1.23 Home occupation
9.1.24 Farm buildings, in existence at the time of the adoption of this amendment and no longer used in support of
agricultural interests, may be used as rental property for storage of individually owned items
9.1.24.1 So as to alleviate noise and traffic associated with commercial activities and thus maintain the rural, open
space character of the area, the rental shall not be made into commercial enterprises.
9.1.24.2 All applicable sections of the zoning Ordinance apply
9.1.24.3 The Zoning Administrator may opt to refer the application to the Planning Commission if there are
unusual circumstances
9.1.25 Wireless Telecommunications Towers and Facilities one hundred seventy-nine feet (179’) or less in height
without lights [Permit criteria include Article 21.46]
9.1.26 Structures for storage of the owner’s personal non-farm possessions and non-commercial activities - These
structures shall not be used as dwellings. Structures shall meet the size requirements of Section 21.1.3.
9.1.27 WTG Building-Mounted: Permitted as an accessory use to an allowed Principal Use
9.1.28 WTG Small: Permitted as an accessory use to an allowed Principal Use
9.1.29 WTG Medium: Permitted as an accessory use to an allowed Principal Use
9.1.30 Roof-Mounted (any-scale) and Small and Medium-Scale Ground-Mounted Solar Energy Systems permitted
as an Accessory or Principal Use [Permit criteria includes Article 21.48]
SECTION 9.2 PERMITTED USES SUBJECT TO SPECIAL CONDITIONS
Amended 4.9.2013

The following uses may be permitted, subject to the conditions herein imposed for each use, the review standards of
Article 19 and only after the review and approval of the site plan by the Planning Commission. [See Article 21 for
applicable SPECIFIC REQUIREMENTS FOR CERTAIN USES, if any and Article 23 for SITE PLAN
REQUIREMENTS.]
9.2.1 Public and private parks, recreational facilities and public or private non-profit schools offering courses in
general education when the use is not, to the extent practical, placed on soils predominantly rated as having high
agricultural productivity in comparison with other farm lands in Otsego County
9.2.2 Recreation farms, dude ranches (so called) and sportsmen's clubs provided the farm land base remains
essentially intact, that the number of new and/or expanded buildings be limited in scale, in so far as is practical, to
that typical of a farm, and further, no activities shall cause the depletion or erosion of agricultural soils (dust,
vehicle tracks, stream bank breakdown, etc.)
9.2.3 Permanent forest industries, including permanent sawmills, planing mills, veneer mills and related operations,
provided:
9.2.3.1 There is a complete clean-up of discarded wastes following the cessation of activity;
9.2.3.2 There are no nuisances imposed upon tourist service facilities or outdoor recreation uses in the immediate
vicinity;
9.2.3.3 The site of the proposed use encompasses an area of at least five (5) acres.
9.2.4 Auction yards for livestock and/or agricultural equipment with accessory buildings on a minimum forty (40)
acres site with a minimum width of six hundred feet (600’), provided that there is no nuisance imposed upon the
surrounding farms or dwellings

20

Exhibit 14

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

9.2.5 Commercial outdoor sport and recreational facilities, outdoor musical entertainment
9.2.6 Driving ranges
9.2.7 Game preserves
9.2.8 Gasoline stations with or without store
9.2.9 Detention facilities
9.2.10 Shooting ranges (outdoor)
9.2.11 Recreation camps, resorts or housekeeping units
9.2.12 Restaurants and/or taverns (without drive-through service)
9.2.13 Dog grooming and kennel facilities [Permit criteria include Article 21.45]
9.2.14 Golf courses and country clubs [Refer to Articles 4.2.5 and 21.11]
9.2.15 Hunt clubs (commercial)
9.2.16 Airport with appurtenant facilities, when approved by the Planning Commission after a hearing, provided the
operating characteristics are deemed not to conflict with wildlife habitat areas, wilderness areas, housing areas,
and facilities or uses having high concentrations of people (schools, hospitals, etc.)
9.2.17 Surface mining of gravel, sand, clay, topsoil or marl [See Article 21.25 for criteria]
9.2.18 Travel trailer courts
9.2.19 Campgrounds (commercial)
9.2.20 Race tracks
9.2.21 Wireless Telecommunications Towers and Facilities over one hundred seventy-nine feet (179’) in height, or
with lights [See Article 21.46]
9.2.22 WTG Large
9.2.23 Anemometer Tower [See Article 21.47]
9.2.24 Unlisted property uses if authorized under Article 21.44
9.2.25 Personal Wireless Services Telecommunications Towers and Facilities one hundred fifty feet (150’) or less in
height, self-supporting (lattice) or guyed [Permit criteria includes Article 21.46]
9.2.26 Large-Scale Ground-Mounted Solar Energy Systems permitted as an Accessory or Principal Use [Permit
criteria includes Article 21.48]

***Permitted Use Subject to Special Conditions in an AR Zoning District
FINDINGS UNDER ARTICLE 21.33
SECTION 21.33 RECREATIONAL EQUIPMENT

Amended 6.12.2018

DEFINITIONS:
Recreational Equipment: Travel trailers, pick-up campers, coaches, motorized dwellings, tent trailers,
tentage, dune buggies, and other similar equipment meeting the intent of this Ordinance.
Campgrounds: A licensed campground is designed to accommodate short term guests occupying travel
trailers, pick-up campers, coaches, motorized dwellings, tent trailers, tents, dune buggies, and other similar
equipment meeting the intent of this Ordinance.
21.33.1 Parking
The parking or storage of any recreational equipment in R1 & R2 Districts and platted subdivisions shall
be allowed provided the following regulations are met:
21.33.1.1: No recreational equipment or trailers shall be parked or stored on any lot in a residential
district except in a building, a rear or a side yard.
21.33.1.2: Set back requirements must be met in the respective zoning districts as follows:

21

Exhibit 14

Otsego County Planning Commission
R1, R2, R3, RR:

Proposed Minutes for April 20, 2026

Side Set Back
10 ft.
Rear Set Back
30 ft.
FR, AR:
Side Set Back
20 ft.
Rear Set Back
40 ft.
21.33.1.3: The unit is maintained in safe and ready running condition, has a valid and current license
for highway travel, and can be towed from the premises by ordinary domestic vehicle
on thirty (30) minutes notice.
21.33.1.4: The self-contained sanitary disposal system within the Recreational Equipment must be in
working order and shall not be contrary to the public health, safety or welfare.
21.33.2 Recreational Equipment Dwelling (Temporary) - Permit Not Required
Recreational Equipment may be used as a temporary dwelling without a permit provided the following regulations
are met:
21.33.2.1:

Recreational Equipment under this Section shall not be occupied for more than sixty (60)
days in any calendar year.

21.33.2.2:

R1, R2
R3, RR

Number of Recreational Equipment Units Allowed: 0
Number of Recreational Equipment Units Allowed: 1

21.33.2.3:

FR, AR

Number of Recreational Equipment Units Allowed: 2

21.33.3 Alter, Enlarge, Repair
The unit shall not be enlarged with any structural annex or addition.
21.33.4 Recreational Equipment Used During Construction - Permit Required
Recreational Equipment may be used as a temporary dwelling in any Zoning District until the owner or
occupant thereof completes the construction or erection of a conventional housing unit for which a
Building Permit has been issued. Upon application for a temporary dwelling permit from the Zoning
Administrator, the applicant may obtain a permit for an initial period not to exceed one hundred eighty
(180) days from the effective date of the permit; and upon showing reasonable and diligent progress, may
renew the permit for a maximum of an additional one hundred eighty (180) days. Sanitary facilities are
subject to Health Department approval.
21.33.5 Campgrounds – Special Use Permit Needed
A Special Use permit may be granted by the Planning Commission for a private Recreational Vehicle Park with
tenting areas and used as a general camping ground (commercial campgrounds) in R3, FR, AR and B1, B2, B3
Districts when the site plan has been reviewed and approved by the Planning Commission, provided that the
following conditions are met:
21.33.5.1 The minimum County and/or State of Michigan health requirements governing Recreational Vehicle
Park with camping areas for public use are met.
21.33.5.2 The use is developed on a site of at least twenty (20) acres and is at least six hundred feet (600’) in
width.

***Site Size Requirement – Met – State Approvals Pending County Conditional Approval
FINDINGS UNDER ARTICLE 20
ARTICLE 20 ROAD AND ACCESS MANAGEMENT REQUIREMENTS
SECTION 20.1 PURPOSE

Amended 5.12.2020

The purpose of this section is to provide reasonable access to all roads within Otsego County while protecting the
public health, welfare, safety and aesthetics of the County. All Land in a parcel having a single tax code number or
contiguous parcels owned by a person as of the effective date of this Ordinance shall meet the requirements of this
Ordinance. The intent of this ordinance is to provide standards, which will preserve the traffic capacity and enhance
the safety of the highway by regulating safe and reasonable access, though not always direct access, between public
roadways and adjacent land. Access controls provide for orderly growth and development. This in turn will protect
the long-term viability of existing and new businesses in addition to protecting property values of commercial and

22

Exhibit 14

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

residential development along the corridor. It is recognized that existing development may not be able to meet all of
the standards contained in this ordinance; Upon expansion or redevelopment, the standards’ contained herein shall
be applied to the maximum extent possible.
The standards of this section are further intended to:
• Minimize traffic conflicts, in order to reduce the frequency of fatal injury and property damage crashes;
• Separate traffic conflict areas by reducing the number of direct access points;
• Provide efficient spacing and size standards between access points and between access points and
intersections;
• Establish uniform access standards to ensure fair and equal application;
• Protect the substantial public investment in the roadway system by preserving capacity and avoiding the need
for unnecessary and costly reconstruction which disrupts business;
• Require coordinated access among several landowners;
• Ensure reasonable access to properties, though the access may not always be direct access;
• Coordinate local management decisions on development proposals with access permit decisions by the
Michigan Department of Transportation (MDOT) and the Otsego County Road Commission, (OCRC).
SECTION 20.2 LOCATION AND SPACING
20.2.1 In order to minimize left turn conflicts, new access points shall be aligned with those across the roadway
where possible. If alignment is not possible, access points shall be offset a minimum of two hundred fifty-five
feet (255’) from those on the opposite side of the roadway, measured centerline of access point to centerline of
access point. Longer offsets may be required by the Michigan Department of Transportation (MDOT) in
accordance with the MDOT Access Management Guidebook.
20.2.2 Where spacing requirements cannot be met for parcels, lots, or building sites having frontage or access on
more than one roadway, access shall be provided from the lesser traveled roadway.
20.2.3 In the case of expansion, alteration, change of use or redesign of an existing development where existing
access points do not comply with the guidelines set forth herein, the closing, relocation, or redesign of the access
point may he required.
SECTION 20.3 SIGHT DISTANCE
Minimum intersection sight distance shall be ten (10) times the vehicular speed of the road or as per current MDOT
and OCRC standards
SECTION 20.4 ACCESS
All developments shall have reasonable access to a public roadway. Access onto any roadway shall be permitted
only upon issuance of an access permit by the MDOT or OCRC in compliance with the site review planning
process.
20.4.1 Shared driveways, cross access driveways, interconnected parking, and private roads constructed to
provide access to properties internal to a subdivision shall be recorded as an easement and shall constitute a
covenant running with the land; Operating and maintenance agreements for these facilities shall be recorded
with the deed.
SECTION 20.5 PUBLIC ROAD STANDARDS
20.5.1 All roads proposed to be of public ownership shall conform to MDOT and/or OCRC road standards
20.5.2 All proposed curve radii shall be designed to MDOT and/or OCRC road standards for truck turning
requirements.
SECTION 20.6 PRIVATE ROAD STANDARDS
20.6.1 Private roads shall be designed with sufficient width to adequately support emergency vehicle access and
turnaround requirements. Approval of the road’s design by Otsego County EMS, Otsego County Sheriff’s
Department, and primary responding Fire Department shall be provided.
20.6.2 All private road cross-sections and profiles shall be designed to adequately drain and prevent soil erosion as
approved by the Soil Erosion and Conservation District.

23

Exhibit 14

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

20.6.3 Private road signage shall be consistent with OCRC requirements.

20.6.4 Private roads serving three or more parcels shall have a road operation/maintenance agreement in place which
provides stipulations for the perpetual maintenance of the road. The maintenance agreement shall be recorded
with the Otsego County Register of Deeds and shall run with all parcels served by the private road.
20.6.5 If it is intended for the road to become a public road at a later date, the road shall be designed to conform to
MDOT and/or OCRC road standards.
20.6.6 Private roads in existence on or before May 12, 2020 shall not be required to be brought into compliance with
Section 20.6.

***Access Requirements: Access from Beals Rd (Public Rd) – Driveway Permits Pending County
Conditional Approval

FINDINGS UNDER ARTICLE 21 /SECTION 21.10
SECTION 21.10 FENCES
Amended 7.10.2018
Amended 12.20.2022

21.10.1 Permit Required
A Fence Permit shall not be required when all applicable sections and regulations of this ordinance have been met.
21.10.2 Fence Regulations:
21.10.2.1 A fence in the Front Yard shall not exceed a height of 3.5 feet and be of a see-through design and
material that does not obscure the vision of drivers of vehicles at any driveway entrance or exit, street
intersection or other pedestrian property access point
21.10.2.2 A fence along any side lot line may extend to the front property line except that it shall not exceed a
height of 3.5 feet from the front property line back 25 feet and shall be of a see-through design and material
that does not obscure the vision of drivers of vehicles at any driveway entrance or exit, street intersection or
other pedestrian or vehicle property access point.
21.10.2.3 A fence in the Side and Rear Yards cannot exceed a height of 7.0 feet except as noted in Section
21.10.2.2.
21.10.2.4 A fence may be located at or along an adjoining property line. Adequate space shall be allotted to
permit access for maintenance without trespass.
21.10.2.5 A fence surrounding a garden area cannot exceed a height of 8.0 feet and must be located no closer
than 5.0 feet from any property line. A garden fence shall be of a see-through design and material that does
not obscure one’s vision.
21.10.2.6 A fence in any platted subdivision, residential development or residential zoning district shall not
contain single wire, barbed wire or be electrified.
21.10.2.7 A fence must be structurally sound and kept in good repair. There should be no evidence of
deterioration, damaged or collapsing pieces.
21.10.2.8 Fencing Materials permitted:
a. Fences may be constructed with approved fence wire, standard fence wood, vinyl, metal such as wrought
iron, brick, stone, masonry block, or other materials commercially designed for fence construction.
b. A fence may not be constructed with scrap lumber, chicken wire, wood pallets, or other unapproved
materials which are not commercially designed for fence or wall construction.
c. Snow fencing is a temporary type of porous fencing used to force windblown, drifting snow to accumulate
in a desired location rather than on roads, private drives and other property areas where drifts are not
desirable. Snow fencing includes the fencing material and also the posts to which the fencing material is
attached. Snow fencing should not be erected in such a manner as to cause snow to accumulate on
neighboring properties or on any road or highway. Snow fencing including posts may not be installed prior
to October 15th and must be removed by May 31st.
21.10.2.9 Any fencing or wall with a single finished side shall be installed with the finished side facing the

24

Exhibit 14

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

neighboring property or the road right-of-way.
21.10.2.10 Comply with Section 21.10.3
21.10.3 Fences-Maximum Heights:

Fences designed to enclose property in any district shall be subject to the following table of regulations:
Yards
Front of site, parallel with the principal roadway
Rear
Side
Side with front yard setbacks of 25 ft.
Garden Area in side and rear yard
Game Preserves
Junk Yard
Recycling Facility

Height
3.5 ft.
7.0 ft.
7.0 ft.
3.5 ft.
8.0 ft.
Special Use Permit Required
8.0 ft.
8.0 ft.

***Fencing: Proposed 6-Foot Wooden Privacy Fence along West Side Property Line
FINDINGS UNDER SECTION 21.18
SECTION 21.18 LANDSCAPING
21.18.1 PURPOSE
The purpose of this section is: to protect and enhance property values, economic welfare and community
attractiveness; to provide beneficial climatic impacts by cleaning the air and providing shade; to protect health,
safety and welfare by reducing air and water borne pollutants, flooding and noise; to mitigate adverse effects of
sighting different uses near one another through buffering; to facilitate preservation of existing valuable trees and
other vegetative cover; to provide wildlife habitat and environmental standards within developed areas; to protect
privacy.
21.18.2 General Performance Standards:
This, Section 21.18 Landscaping, requirements shall not apply to single family residences located on individual lots.
The Section shall apply to residential plats and site condominiums.
All areas not covered by buildings, parking or other structures shall be treated with landscape materials including street trees,
shrubs and groundcovers consistent with these provisions. The selected combination of plant materials shall be a harmonious
combination of deciduous and evergreen trees, shrubs, vines and/or ground covers so arranged to present an aesthetically
pleasing whole.
21.18.2.1 Landscape Materials:
All landscape materials planted pursuant to the provisions of this section shall be healthy and compatible with the
local climate, site soil characteristics, drainage and available water supply.
Trees and shrubs should be at least, at the time of planting, the sizes as outlined in this section and shall be
consistent with the current American Standard for Nursery Stock as set forth from time to time by the American
Association of Nurserymen.
Deciduous trees shall be not less than one and one-half (1 ½) inches in diameter for single family residential uses
and two and one-half (2 ½) inches in diameter for other uses.
Coniferous trees should be at least six (6) feet in height. Shrubs shall be of a size generally known in the nursery
industry as requiring at least a five (5) gallon container.
All planting beds constructed pursuant to Sections 21.18.2, 21.18.5 and 21.18.6 shall be mulched with mulch
cover at least three (3) inches deep to retain moisture around roots.
Trees shall be planted on the project sites so as to allow for their desired mature growth.
Access to or view of fire hydrants shall not be obstructed from any side.
Plantings shall be designed so as to not conflict with power lines or impede fire safety services.

25

Exhibit 14

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

21.18.2.2 Irrigation & Maintenance Performance Standards:

All uses with the exception of single family residential, which are landscaped with live plants, pursuant to this
Section shall be equipped with a watering system which will provide sufficient water to maintain plants in a
healthy condition.
21.18.2.2.1 Whenever the landscaped area required by Sections 21.18.3, 21.18.5 and 21.18.6 is two thousand
(2,000) square feet or more of living plants whether or not the plants are contiguous, the site shall have a
permanent irrigation system capable of meeting the typical watering requirements of all the plant materials
on site.
21.18.2.2.2 Whenever there is less than two thousand (2,000) square feet of landscaped area required by
Sections 21.18.3, 21.18.5 and 21.18.6 on a site, there should be at least one reliable water source available
during the growing season. The hose bib or other water source shall be within fifty (50) feet from a border
of the plants.
21.18.2.2.3 All irrigation systems shall be maintained in good working condition.
21.18.2.2.4 Irrigation requirements may be adjusted in part or in whole by the Zoning Administrator for
landscape areas having established healthy plant material, or where irrigation is deemed unnecessary for
plant health and survival.
All plants required by this Section shall be maintained in a live and healthy state. Dead or unsalvageable unhealthy
plants shall be replaced with the size and type of plants required on the site development plan and by this Section.
Plant materials including grasses and herbaceous plants uses on berms, along road sides, etc. shall be routinely
maintained during growing seasons. When growing in close proximity to residential land uses, grasses and common
weeds shall be maintained at a height of ten (10) inches or less.
All fences, walls and similar structures shall be maintained in good condition. Chipped paint, missing fence pieces,
leaning or fallen portions of a fence or other forms of deterioration shall immediately be replaced or repaired.
Replacement of plants may be delayed whenever the Zoning Administrator determines that extenuating
circumstances beyond the owner's control prevent the immediate replacement of the dead or unhealthy plants within
a time established by the Zoning Administrator. In any event, the dead or salvageable plants shall be replaced
within nine (9) months of the time the plants are clearly dead.
21.18.2.3 Existing Vegetation:
If there is no practical alternative in terms of sighting buildings and other development, trees and other plants
may be removed.
Significant shrubs, grasses and trees are to be preserved within areas not required for development.
Healthy, younger mature plants shall be preserved which would normally succeed older plants.
Natural vegetation shall be preserved within areas below an ordinary high water mark of a lake, stream or other
water body.
Existing vegetation to be preserved shall be protected during construction with barriers as required and approved
by the Zoning Administrator.
The application of landscape standards within this Ordinance may be adjusted in part or in whole by the Zoning
Administrator to allow credit for established healthy plant material to be retained on or adjacent to the site if such
an adjustment is consistent with the intent of this Ordinance.
21.18.2.4 Berms constructed pursuant to Section 21.18.3 shall be constructed with slopes not to exceed one to
three (1:3) gradient with side slopes designed and planted to prevent erosion, and with a rounded surface a
minimum of two (2) feet in width at the highest point of the berm, extending the length of the berm. Berm
slopes shall be protected with sod, seed, shrubs or other form of natural ground cover.
21.18.3 Buffer Yards:
Buffer yards shall be constructed to mitigate problems associated with traffic, noise, vibration, odor, glare, dust,
smoke, pollution, water vapor, conflicting land uses and density, height, mass, layout of adjacent uses, loss of
privacy, unsightly views and other potentially negative effects of development. Buffering may be achieved using
landscape, building fences and berm or a combination of the above techniques.

26

Exhibit 14

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

Buffer yards shall be located on the outer perimeter of a lot or parcel, extending to the lot or parcel boundary line.
Buffer yards shall not be located on any portion of an existing or dedicated public or Private Street or right-of-way.
Tables I and II shall be used to determine buffer yard dimensions and plant materials specifications. Table I is used
to determine the type of Buffer yard (A, B, C, D, E, EX, or NA) which will be required between districts or users.
Once the type of Buffer yard is obtained, Table II outlines the plant material specifications for alternative widths and
specifications and treatments (walls, berms, etc.) of buffer yard. Each property line should be analyzed
independently to determine the appropriate buffer yard required.
The buffer yard tables are to be considered minimum standards. Increased landscaping requirements may be
imposed by the Zoning Administrator or the Planning Commission if it is determined any of the following
conditions exist.
The type of required buffer yard will not sufficiently mitigate noise, glare, fumes, smoke, dust or unsightly views
within the site.
The scale of the project in regard to mass and height indicates the need for a buffer yard developed specifically for
the project.
The proposed use is next to an existing sensitive use such as a school, church or residential area.
21.18.4 Roadside Greenbelt Buffers:
Unless as otherwise required by Section 21.18.3, required front yards shall be landscaped with a minimum of one (1)
tree, not less than one and one-half (1½) inches in diameter for single family residential uses and two and one half
(2½) inches in diameter of other use, for each one thousand (1000) square feet, or major portion thereof, of front
yard abutting a road right-of-way. The remainder of the greenbelt shall be landscaped provided however, rock or
other inorganic ground cover shall not exceed twenty (20) percent of the yard area.
Access ways from public rights-of-way through required landscaped strips shall be permitted but such access ways
shall not be subtracted from the square foot dimension used to determine the minimum number of trees required.
21.18.5 Screening of Unsightly Areas:
Unsightly areas, including but not limited to outside storage areas, utility boxes and open areas where machinery or
vehicles are stored or repaired, shall be screened from public sidewalks, streets and other areas from which the
property is visible. Such screening shall not be located as to interfere with required maintenance activities of utility
boxes.
Whenever plants are used as a screen, they should provide an effective opaque screen within three (3) years of the
time they are planted.
The materials and colors of the screen should blend with the site and the surroundings.
21.18.6 Parking Lot Screening:
Unless otherwise required by Section 21.18.3 or 21.18.4, a no-building buffer strip not less than ten (10) feet wide
shall be required on the perimeter of all parking lots containing twenty-seven hundred (2,700) square feet or more of
parking area where not adjacent to buildings. Said buffer strip shall be used for landscaping, screening or drainage
as required herein.
Landscaping design standards:
21.18.6.1 Any required planting strip shall be a minimum of ten (10) feet in width.
21.18.6.2 One (1) street tree shall be planted adjacent to the public right-of-way for each twenty-four (24) lineal
feet of frontage. (This requirement shall not duplicate the requirements of Sections 21.18.4 or 21.18.3.)
21.18.6.3 Where screens of non-living material are used, at least one (1) shrub or vine shall be planted on the
right-of-way or property line side for each ten (10) lineal feet of screen or fraction thereof.
21.18.6.4 Parking lots with more than two (2) parking aisles shall require landscaped areas of at least ten (10)
square feet of interior landscaping for each parking space, interior being defined as the area within the
perimeter of the paved surface.
21.18.6.4.1 Landscaped areas shall be a minimum of seventy-five (75) square feet with a minimum dimension
of ten (10) feet. Interior landscape areas shall be designed so as to cause minimum interference with snow

27

Exhibit 14

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

removal. Each interior landscape area shall include one (1) or more canopy trees based on the provision
of one (1) tree per each one hundred (100) square feet of interior landscape area.

***No Buffer Yard Required to the North and West-Properties zoned AR – See Table I – Existing

Vegetation – Fencing to be placed along Westside Property Line – Properties to the South zoned FR
and Properties to the East across I-75 zoned I and FR – Existing Vegetation to Remain – Waiver
Requested for use of Existing Vegetation Only

28

Exhibit 14

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

Boundary
Zoning
District

M
U
Z

R-1

R-2

R-3

RR

FR

AR

B-1

B-2

B-3

M
A
I
N
S
T
R
E
E
T

M
U
Z
T
O
W
N
C
E
N
T
E
R

H
I
G
H
W
A
Y
I
N
T
E
R
C
H
A
N
G
E

I
I
N
D
U
S
T
R
I
A
L

Proposed
Development
Zoning District
R-1

N

R-2

B

N

R-3

C

B

N

RR

C

C

B

N

FR

C

C

B

B

N

AR

C

C

C

C

C

N

B-1

B

B

B

B

B

B

N

B-2

C

C

B

C

C

C

B

N

B-3

C

C

C

C

C

C

B

B

N

MUZ – MAIN STREET

A

A

A

B

C

C

A

A

B

N

MUZ – TOWN CENTER

A

A

A

B

C

C

A

A

C

A

N

C

C

C

C

C

C

B

B

B

B

C

N

E

E

E

E

D

D

D

C

C

E

E

C

HIGHWAY
INTERCHANGE
I - INDUSTRIAL

Key: N= No buffer yard required /See TABLE II

29

Exhibit 14

N

Otsego County Planning Commission
Proposed Minutes for April 20, 2026
TABLE II
STANDARD PLANT MATERIAL REQUIREMENTS
Plant Material Requirements
Vegetation Types
Plant Material
Reductions with: Buffer Canopy Flowering Trees
Type 6’ Wall 3’ Berm Width
Trees
or Large Shrubs
Shrubs
A

.50

.75

B

.50

.75

C

.65

.80

D

.75

.85

E

NA

NA

Evergreens &
Conifers

10’
15’ or
more

1

1

4

1

1

3

10’
15’ or
more

3

3

6

2

2

2

5

1

10’
15’
20’
25’
30’
35’
40’

4
3
2
3
3
3
3

3
2
2
2
2
2
2

19
15
15
15
15
15
15

4
3
1
1
2
2
3

15’
20’
25’
30’
35’
40’
45’

1
2
3
3
3
3
4

4
4
4
5
5
5
6

32
30
30
30
30
30
30

1
1
1
2
2
3
4

20’
25’
30’
35’
40’
45’ or
more

2
3
3
3
3

4
4
5
5
5

38
38
38
38
38

1
1
2
2
3

5

6

30

4

Minimum width of buffer with masonry wall = ten (10’) feet
ALL PLANT QUANTITIES ARE PER ONE HUNDRED (100) LINEAR FEET, less the distance
required for vehicle access to the property.

30
Exhibit 14

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

FINDINGS UNDER ARTICLE 21 /SECTION 21.19
SECTION 21.19 LIGHTING, OUTDOOR

Outdoor light fixtures are electrically powered illuminating devices, outdoor lighting or reflective surfaces, lamps and similar
devices, permanently installed or portable, used for illumination or advertisement. Such devices shall include search, spot
and flood lights for buildings and structures, recreation areas, parking lot lighting, landscape lighting, billboards and other
signs (advertising or other), street lighting, product display area lighting, building overhangs and open canopies.
All outdoor lighting fixtures including pole mounted or building mounted yard lights, dock lights, and shoreline lights other
than decorative residential lighting such as low-level lawn lights, shall be subject to the following regulations:
21.19.1 Lighting shall be designed and constructed in such a manner:
21.19.1.1 To ensure that direct or directly reflected light is confined to the area needing it and that it is not directed off the
property,
21.19.1.2 That all light sources and light lenses are shielded,
21.19.1.3 That any light sources or light lenses are not directly visible from beyond the boundary of the site,
21.19.1.4 That light from any illuminated source shall be so shaded, shielded, or directed that the light intensity or
brightness will not be objectionable to surrounding areas.
21.19.2 Lighting fixtures shall be a down-type having one hundred (100) percent cut off. The light rays may not be emitted
by the installed fixture at angles above the horizontal plane, as may be certified by photometric test. A United States flag,
Michigan flag or a flag of a veteran’s organization chartered by the United States Government shall be allowed to have
light illuminating them from below
21.19.3 There shall be no blinking, flashing, or fluttering lighting, including changes in light intensity, brightness or color,
except that lights may be controlled by a dimmer which can be periodically adjusted for conditions and signs as allowed
in 21.38.2.1. Beacon lights are not permitted except where required by law.
21.19.4 No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic
control devices.
21.19.5 Decorative lights during holiday seasons shall be allowed.
21.19.6 Modification of these outdoor lighting standards may be permitted by the Zoning Board of Appeals for temporary
uses of not more than ten (10) days per year, following these provisions as closely as possible.

***Lighting Requirements: Met– See Site Plan
FINDINGS UNDER SECTION 21.27
SECTION 21.27 PARKING
Amended 5.12.2020

There shall be provided in all districts at the time of erection or enlargement of any main building or structure or use,
automobile off-street parking space with adequate access to all spaces.
21.27.1 Off-street parking for other than residential uses shall be either on the same lot or within four hundred feet (400’) of
the building it is intended to serve, measured from the nearest point of the building to the nearest point of the off-street
parking lot.
21.27.2 Any area once designated as required off-street parking shall not be changed to any other use unless and until equal
facilities are provided elsewhere.
21.27.3 In the instance of dual function of off-street parking spaces where operating hours of uses do not overlap, the Zoning
Board of Appeals may grant an exception by reducing the total number of spaces required.
21.27.4 The storage of merchandise, motor vehicles for sale, trucks, or the repair of vehicles is prohibited on required offstreet parking lots.
21.27.5 Residential off-street parking spaces shall consist of a driveway, parking strip, parking bay, garage, carport, or
combination thereof.
21.27.6 The parking or storage of any commercial motor vehicle shall be prohibited in any R1, R2 or RR District, or in any
residential area with lots of 20,000 sq. ft. or less. [See definition of COMMERCIAL MOTOR VEHICLE.]
21.27.7 For the purpose of computing the number of parking spaces required, the definition of FLOOR AREA, USABLE
shall govern.

31
Exhibit 13

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

21.27.8 For those uses not specifically mentioned in the Off-street Parking Schedule, requirements for off-street parking
facilities shall be in accord with a use which the Board of Appeals considers as being similar in type.
21.27.9 Entrance drives to the property and off-street parking area shall be no less than twenty-five feet (25’) from a street
intersection (measured from the road right-of-way) or from the boundary of a different Zoning District. A greater distance
may be required by the Planning Commission if the lesser would cause a traffic issue.
21.27.10 Off-Street Parking Schedule
The minimum number of off-street parking spaces required by use shall be in accordance with the following schedule.

32
Exhibit 13

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

COMMERCIAL

PUBLIC AND QUASI PUBLIC

RESIDENTIAL

LAND USE

MINIMUM PARKING SPACES REQUIRED
PER UNIT OF MEASURE

Dwellings

2 per dwelling

Multiple-Family Dwelling

2 per dwelling

Elderly Housing

1 per 4

Rooming House, Fraternity, or Sorority

1 per 2 occupants at maximum capacity

Trailer Court

2 per unit

Church or Temple
Hospital
Nursing Home
Elementary, Middle School or Junior High

1 per 3 seats
1.5 per bed
1 per 4 beds
1 per teacher, employee, and administrator, plus the requirements for auditoriums or gyms
1 per teacher, employee, and administrator, plus 1 for each 10 pupils or the requirements for any
auditorium or stadium, whichever is greater
1 per teacher, employee and administrator on the largest shift, plus 1 per each 2 students not residing
on campus
1 per 4 members, or 1 per 150 sq. ft. of usable floor area, whichever is greater
1 per 4-member families, plus 1 per employee, plus restaurant or bar parking requirements
4 per green or golf hole plus one (1) per employee
3 per hole or green
4 spaces per court, plus 1 per employee
1 per 3 seats
1 per 4 seats
1 per 200 sq. ft. of usable floor area
5 per wash stall plus 1 per employee
1 for each 2 employees
1 per employee
1 per employee plus 1 per service chair
1 per 3 persons at maximum capacity
1 per employee plus drive-in stalls and/or lanes to serve patrons
1 per 200 sq. ft. of usable floor area
1 per 50 sq. ft. of waiting room plus 1 per service chair
1 per 200 sq. ft.
2 per game table
5 per lane

Senior High School
Colleges, University Centers, and Tech Schools
Membership Clubs
Golf, or Swim Club
Public Golf Course
Par 3 and/or Mini Golf
Racquet Club or Tennis House
Sport Arena, Gym, or Stadium
Theater or Auditorium
Planned Shopping Center
Auto Wash Automatic
Auto Wash Automatic-Drive-in
Auto Wash Self Service
Barber or Beauty Shop
Dance Hall, Rink, Assembly Building (no fixed seats)
Drive-in Business
Banks
Doctor or Dentist Office
Business Office
Billiard Hall
Bowling Alley

33
Exhibit 13

COMMERCIAL CONTINUED

Otsego County Planning Commission
LAND USE
Taverns
Restaurants
Drive-up or Drive-through Uses-Restaurant, Banks, Drug
Pick-up, Laundries, Payment Windows
or other Drive-up Service Windows
Furniture, Appliances, Plumbers, Electricians, and Minor
Repair Services
Vehicle Service Station
Gasoline Convenience Store
Laundromat
Funeral Home/Mortuary
Motels, Hotels, Motor Inns, Cabin Courts, Bed &
Breakfast Facilities and Tourist Lodging Facilities
Vehicle Sales
Retail Groceries
Other Retail Stores
Self-Storage Rental Units
Personal Service Establishments
Museums

PER UNIT OF MEASURE
1 per 100 sq. ft. of usable floor area
1 per 3 persons at maximum seating capacity

In addition to the required parking for the principal use, the Drive-through facilities requirement in
Article 18 shall be followed
1 per 800 sq. ft. of usable floor area

Rifle or Pistol Range
Manufacturing Shop
Industrial Office or Research
Warehouse and Wholesale
Industrial Laundries

2 per service stall, plus 1 per employee
1 per 300 sq. ft. of usable floor area
1 per 3 machines for washing
1 per 200 sq. ft. of usable floor area
1 per 150 sq. ft. of usable floor area, the Planning
Commission may reduce up to half if they reserve land for open space
1 per 200 sq. ft. of showroom usable floor area
1 per 150 sq. ft. of usable floor area
1 per 150 sq. ft. of usable floor area
1 per 10 units
1 per 100 sq. ft. usable floor area not otherwise specified
1 per 150 sq. ft. of usable floor area
1 per 200 sq. ft. of usable floor area in addition to a loading and unloading area; and a vehicle
turnaround and drop-off area
2 per range plus 1 per employee
5 plus 1 per employee
1 ½ per employee
1 per employee, plus 1 per 200 sq. ft. of any office space
5 plus 1 per employee

Medical Laboratories

1 per 50 sq. ft. of waiting room plus 1 per employee

Rental Shops

INDUSTRIA
L

Proposed Minutes for April 20, 2026

NOTES:
A. Sq. ft. refers to square feet of usable floor area unless otherwise noted.
B. 1 unit per measure shall be interpreted to mean 1 per each unit, as 1 per "each" three (3) persons.
C. Space requirements are cumulative; hence, a country club may require parking for the golf use as well as restaurant or bar use.
D. Employees, refers to all permanent staff and part time equivalents in the largest working shift. Maximum capacity is the maximum occupancy permitted by
applicable building, fire, or health codes.

34
Exhibit 13

Otsego County Planning Commission
21.27.11 Parking Area Design Standards

Proposed Minutes for April 20, 2026

21.27.11.1 The layout of off-street parking facilities shall be in accord with the following minimum requirements:
Parking
Pattern

Maneuvering
Lane width

Parking
Space width

Parking
Space length

Parallel

12ft

8ft

23ft

30-53˚

12ft

9ft

20ft

54-74˚

15ft

9ft

20ft

75-90˚

20ft

9ft

20ft

21.27.1.2 All spaces shall be provided access by maneuvering lanes. Backing directly onto a street shall be prohibited. Adequate
ingress and egress to a parking lot by means of clearly defined drives shall be provided for all vehicles. Ingress and egress to a
parking lot lying in an area zoned for other than residential use shall not be across land zoned for residential use.
21.27.11.3 Each entrance and exit to and from any off-street parking lot located in an area zoned for other than residential use
shall be at least twenty-five feet (25’) from adjacent property located in any residential district.
21.27.11.4 Buffer yards shall be required per standards set by Section 21.18. A buffer yard without buildings shall be required
not less than ten feet (10’) wide on the perimeter of all parking lots. Said buffer yard shall be uses for landscaping, screening
and/or drainage as required by this ordinance.
21.27.11.5 All parking areas containing 2700 sq. ft. or more shall provide snow storage area. Snow storage shall be provided on
the ratio of 10 sq. ft. per 100 sq. ft. of parking area.
Parking area is calculated at 270 sq. ft. per parking space. Snow storage areas shall be located in such a manner that they do
not interfere with the clear visibility of traffic on adjacent streets and driveways.
21.27.11.6 Parking areas shall be designed to facilitate interconnection of parking lots.
Shared parking is encouraged. Shared parking shall be permitted a reduction in required parking spaces if peak parking
demand periods at interconnected developments do not occur at the same time.
21.27.12 Federal and State requirements regarding handicapped parking and access shall apply.
21.27.13 Where the property owner can demonstrate that the required amount of parking is excessive, the Zoning Administrator or
Planning Commission may approve a smaller parking area, provided that the area of sufficient size to meet parking space
requirements of this article is retained and the owner agrees to construct the additional parking at the direction of the Zoning
Administrator or Planning Commission. The choice to pursue approval through either the Zoning Administrator and/or Planning
Commission shall be at the discretion of the applicant. If the applicant disagrees with the interpretation made by the Zoning
Administrator, the decision may be deferred to the Planning Commission.
21.27.14 Parking lot cross-connections shall be used in addition to frontage roads or shared driveways, when in the opinion of the
Planning Commission, cross-connections do not hinder traffic.
21.27.15 All parking in the Highway Interchange Commercial District shall be in the rear or side yard.

***Parking Requirements: Parking Provided per Camp Site/Cabin – See Site Plan – Additional Parking Available for
Store and Check-in Areas and ATV/Snowmobile Trailer usage
FINDINGS UNDER SECTION 21
SECTION 21.38 SIGNS AND BILLBOARDS
Amended 3.29.2018

INTENT:
The sign standards contained in this Ordinance are declared to be necessary to protect the general health, safety, and welfare of the
citizens of Otsego County.
It is the intent of this regulation to insure a degree of standardization in signage throughout the county, to insure the safety of
pedestrians and motorists who must drive or otherwise negotiate installed signage and motorists who depend on the visibility of a
sign’s message to safely arrive at an intended destination. Standardization will preserve the aesthetics, appearance and functionality
of all installed signage.
Any publicly displayed sign, symbol or notice on premises to indicate the name of the occupant, to advertise the business there
transacted, or directing to some other locale, shall be regulated as follows, and shall require permits in accordance with the terms of

35
Exhibit 13

Otsego County Planning Commission
the County Building Code:

Proposed Minutes for April 20, 2026

Sign plans shall be reviewed for approval, conditional approval or rejection by the Zoning Administrator. For disagreements with
the rulings of the Zoning Administrator, the applicant may appeal to the Zoning Board of Appeals, who in such instances has final
authority on the sign plan.
The standards in this Article are determined to be the minimum necessary to achieve the above stated purposes. Compliance with
this Section does not relieve the applicant from the responsibility of compliance with other local, state or federal sign regulations, nor
does the issuance of a Sign Permit grant permission to the applicant to place signs on any property, including road rights-of-way,
other than property owned or otherwise legally under the control of the applicant. The issuance of a Sign Permit only assures the
applicant that the sign meets the requirements of the County Zoning Ordinance.
21.38.1 Signs Authorized and Requiring a Permit
All applications for a Sign Permit shall first be submitted to the Zoning Administrator. Before any permit is granted for the erection
of a sign or sign structure requiring such permit, construction documents shall be filed with the Zoning Administrator showing the
dimensions, materials and required details of construction, including loads, stresses, anchorage and any other pertinent data. The
permit application shall be accompanied by the written consent of the owner or lessee of the premises upon which the sign is to be
erected and by engineering calculations signed by a registered design professional. The Zoning Administrator may issue such
permits when all applicable provisions of this Ordinance have been met.
21.38.1.1 Accessory Signs
21.38.1.1.1 Districts: R1, R2, R3, RR
Number Allowed:
One (1)
Maximum Height:
Eight feet (8’)
Measured:
From the average grade at the base of the sign to the top of the sign support.
Maximum Size:
15 sq. ft.
21.38.1.1.2 Districts: AR, FR
Number Allowed:
One (1)
Maximum Height:
Eight feet (8’)
Measured:
From the average grade at the base of the sign to the top of the sign support.
Maximum Size:
32 sq. ft.
21.38.1.1.3 Districts: B1, B2, B3, HX, I
Number Allowed:
Two (2) with the following four (4) regulations:
Regulation 1:
One (1) sign shall be affixed to or be within two feet (2’) of and be parallel with the wall of the main
building.
Maximum Size:
Signs mounted on and parallel with the wall of the main building shall not exceed a total surface area of
fifteen percent (15%) of the mounting wall. If a premise contains walls facing more than one property line
or encompasses property frontage bounded by more than one street or other property usages, the sign area(s)
for each building wall or property frontage will be computed separately for each building wall or property
line facing a different frontage. The sign area(s) thus calculated shall be permitted to then be applied to
permitted signs placed on each separate wall or property line frontage.
Regulation 2:
One (1) sign may be a freestanding sign.
Maximum Height: Twelve feet (12’)
Maximum Size:
56 sq. ft. and length shall not be longer than three (3) times its width.
Regulation 3:
One (1) sign may be a pylon sign.
Maximum Height: Thirty-five feet (35’)
Maximum Size:
Sign Specifications must be prepared by a design professional and must comply with any Airport Zoning
Ordinance and the Tall Structures Act.
Pylon Signs approved and installed before the date of this ordinance change shall be allowed provided
they exhibit structural integrity, are safe and well maintained.
Regulation 4:
All businesses may display window signs in ground level windows in addition to any wall signs. Window
signs shall not cover more than twenty percent (20%) of the total window area. Where multiple windows are
installed, signage may not be aggregated to cover any window one hundred percent (100%) restricting all
visibility from the interior and exterior. Signage may cover no more than fifty percent (50%) of the window
on the horizontal and vertical dimension. Total coverage for multiple window panels will not change.
21.38.1.1.4
Signs for shopping centers or other commercial developments with two (2) or more units developed as offices, office service
units, research facilities, manufacturing facilities, retail spaces with multiple stores, commercial PUD’s, large retail stores with a

36
Exhibit 13

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

building area over 100,000 sq. ft. or other commercial developments requiring Special Use Approval and which have a common
off street parking and a common entrance or entrances may install accessory signs in accordance with the following six (6)
regulations:
Regulation 1: Signs which direct traffic movement within a property and which do not exceed 4 sq. ft. in area for each sign are
permitted.
Regulation 2: One (1) free-standing identification sign for each street that the development faces.
a. The freestanding sign shall state only the name of the shopping center or multiple use development and
tenants located therein.
b. No freestanding sign face shall exceed an area of 100 sq. ft.
c. Freestanding signs shall not exceed a height of thirty feet (30’) measured from the average grade at the base
of the sign to the top of the horizontal sign frame supporting the sign face.
d. Tenants of the shopping center or the owner of outlets included with the development plan or PUD shall not
be permitted individual freestanding signs, except gas stations as noted below:
Regulation 3: Businesses within the development or PUD shall be permitted exterior wall signs; the total area of the exterior
wall signs shall not exceed twenty percent (20%) of the area of the signage wall.
Regulation 4: All businesses may display window signs in ground level windows in addition to any wall signs. Window signs
shall not cover more than twenty percent (20%) of the total window area. Where multiple windows are installed,
signage may not be aggregated to cover any window one hundred percent (100%) restricting all visibility from
the interior and exterior. Signage may cover no more than fifty percent (50%) of the window on the horizontal
or vertical dimension.
Regulation 5: An automobile service station located on an outlet or an individual lot within the development or PUD may have
1 freestanding sign in addition to the freestanding sign utilized for the development. The freestanding sign shall
be for the purpose of advertising gasoline prices and other services provided on the premises. The service
station sign shall comply with the regulations for a single business on its own lot as noted in Section 21.38.1.1.3
above.
Regulation 6: Signs proposed for installation along MDOT regulated highways designed to advertise a specific business
location must be permitted in accordance with current MDOT Regulation 225. A specific time requirement for
the developed site is required and is usually two (2) years. A business sign is a sign designed to advertise a
particular business location rather than being used for general outdoor advertising not necessarily specific to a
particular business.
Billboards or signage also referred to as outdoor advertising or outdoor highway advertising are permitted and controlled by MDOT
under sections of MDOT Regulation 225. A valid permit and sign approval is required prior to construction of a billboard designed
for general outdoor advertising.
21.38.2 Non-Accessory Signs and Billboards
21.38.2.1
Billboards, poster boards and non-accessory signs may be permitted in B2, B3 and I Districts provided the area of the sign does
not exceed an area of 200 sq. ft. in B2 and B3 Districts and 300 sq. ft. in I Districts. A non-accessory sign or billboard shall not
measure longer than three (3) times its width.
Signs that come under the jurisdiction of P.A. 106 of 1972 are under the jurisdiction of the Township, if the Township has
adopted a sign ordinance.
21.38.3 Sign Lighting [Also See Section 21.19 Lighting Outdoor]
21.38.3.1
Signs internally illuminated or with a light emanating surface are allowed only in the RR, FR, AR, B1, B2, B3, I, HX, MUZMain Street and MUZ-Town Center Districts provided they meet the other requirements of this ordinance and are set back a
minimum of ten feet (10’) from all road right-of-ways and seventy-five feet (75’) from any other property line.
Signs internally illuminated or if sign has a light emanating surface. All light sources and reflecting surfaces immediately
adjacent to the light source shall be shielded from view. Sign luminance level, beginning one (1) hour after sunrise and
continuing until one (1) hour before sunset, shall not exceed (10278 Lumens) (685W Incandescent light bulb) (114W
Florescent/LED) per square meter, or does not exceed (342 Lumens) (25W Incandescent light bulb)(6.23W Florescent/LED) per
square meter at all other times.
Signs that are externally illuminated shall have the light mounted on top of the sign, shall be directed downward onto the sign and
shall be shielded so as to prevent rays of light from being directed such that reflected luminance does not exceed (342 Lumens)

37
Exhibit 13

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

(25W Incandescent light bulb)(6.23W Florescent/LED) per square meter.
21.38.4 Signs Prohibited

21.38.4.1 No signs or sign structure shall be erected at the intersection of any street in such a manner as to obstruct free and clear
vision, or at any location where by its position, shape or color it may interfere with or obstruct the view of or be confused with
any authorized traffic sign, signal or device
21.38.4.2 No signs shall be attached to any utility pole, light standard, street tree or any other public facility located within the
public right-of-way.
21.38.4.3 No signs which blink, flash, or are animated by lighting in any fashion that would cause such signs to have the
appearance of traffic safety signs and lights, or municipal vehicle warnings from a distance.
21.38.4.4 No signs containing flashing, intermittent or moving lights. (A sign with messages or images accomplished by
instantaneous re-pixilation not more often than one (1) time in sixty (60) seconds shall not be considered flashing, intermittent
or moving and shall be allowed.)
21.38.4.5 No signs with moving or revolving parts.
21.38.4.6 No signs attached to, or placed on, a vehicle or trailer parked on public or private property, except for signs meeting the
following three (3) regulations:
Regulation 1: The primary purpose of such a vehicle or trailer is not the display of signs.
Regulation 2: The signs are magnetic, decals or painted upon an integral part of the vehicle or equipment as originally designed
by the manufacturer, and does not break the silhouette of the vehicle.
Regulation 3: The vehicle or trailer is in operating condition, currently registered and licensed to operate on public streets where
applicable, and actively used or available for use in the daily function of the business to which such signs relate.
21.38.4.7 Vehicles and trailers are not to be used primarily as static displays, advertising a product or service, nor utilized as
storage, shelter or distribution points for commercial products or services for the general-public.
21.38.4.8 A sign that no longer advertises or identifies a use conducted on the property on which said sign is erected must have
the sign covered or removed within fourteen (14) days after written notification from the Zoning Administrator.
21.38.5 Signs Authorized and Not Requiring a Permit
21.38.5.1 Official notices, authorized by a court, public body or public safety official
21.38.5.2 Directional, warning or information signs authorized by federal, state or municipal governments
21.38.5.3 Memorial plaques, building identification signs and building cornerstones where cut or carved into a masonry surface
or where made of noncombustible material and made an integral part of the building or structure.
21.38.5.4 The flag of a government or noncommercial institution, such as a school.
21.38.5.5 Religious symbols and seasonal decorations within the appropriate public holiday season
21.38.5.6 Works of fine art displayed in conjunction with a commercial enterprise where the enterprise does not receive direct
commercial gain
21.38.5.7 Street address signs and combination nameplate and street address signs that contain no advertising copy and which do
not exceed 6 sq. ft. in area
21.38.5.8 The changing or maintenance or components of an approved existing sign that is designed for such changes, or the
changing of copy, business names, lettering, sign faces, colors, display and/or graphic matter, or the content of any sign shall
not be deemed a structural alteration.
21.38.5.9 Bulletin Boards that do not exceed 15 sq. ft. for churches, public and semi-public institutions and/or school
21.38.5.10 Temporary signs not exceeding 10 sq. ft. advertising a premise being for rent, for lease and/or for sale in any district
All such signs shall be removed within fourteen (14) days of the consummated lease or sale of the premises.
21.38.5.11 Accessory directional signs affixed to the building and not exceeding 2 sq. ft., such as but not necessarily limited to:
Boiler Room, Entrance, Exit, Garage, Loading Dock, Low Clearance, Office, Service, Warehouse and the like.
21.38.5.12 Maximum of two (2) accessory properties directional signs each not to exceed 2 sq. ft. identifying or directing to the
following: Entrance, Exit, No Parking, Visitors Parking, Other Traffic Flow Directions, and similar Functional Signs
21.38.5.13 Temporary advertising banners that are flexible (made of canvas, plastic composite etc.) meant to be attached to a
fixed commercial building structure which is currently occupied. All banners may not exceed 32 sq. ft. and must be
maintained in good condition while displayed.

38
Exhibit 13

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

21.38.5.14 Political signs shall be permitted in all zoning districts with the following three (3) regulations:
Regulation 1: Such signs shall follow the Accessory Signs restrictions as it relates to each individual Zoning District.
Regulation 2: Such signs for election candidate or ballot propositions shall be displayed only for a period of sixty (60) days
preceding the election and shall be removed within ten (10) days after the election, provided that signs promoting
successful candidates or ballot propositions in a primary election may remain displayed until not more than ten
(10) days after the general election.
Regulation 3: Such signs shall not be placed in any public right-of-way or obstruct traffic visibility.
21.38.6 Placement of Signs and Setbacks
21.38.6.1 Signs in Rights-of-Way
No sign other than an official traffic sign shall be erected within any public right-of-way unless specifically authorized by other
ordinances or regulations of this jurisdiction or by specific authorization of the code official.
21.38.6.2 Sign and Setbacks
Signs in any zoning district must be placed at least two feet (2’) back from any right of way and any lot line.
21.38.7 Off-Premises Directory Sign – Private
21.38.7.1
Where a business use or tourist service facility is not located directly on a major tourist route but is dependent upon passerby
traffic for support, one (1) off-premises directory sign located on a county-maintained road may be permitted in business or nonbusiness districts, on each road or link or segment of road that affords access to the use but entails a major change in the direction
of travel.
Off-premises Directory signs shall not exceed an area of 15 sq. ft. Community directional signs serving more than one (1) use
may be permitted to a maximum size of 32 sq. ft.
21.38.8 Approval Authority
21.38.8.1
The Zoning Administrator shall review and act upon site plans except where a Special Use Permit is required. Site Plans for a
Special Use Permit shall be forwarded by the Zoning Administrator to the Planning Commission for review and action. In
addition, at the request of the Zoning Administrator or Planning Commission, a site plan for a Principal Permitted Use may be
submitted for Planning Commission review before final action by the Zoning Administrator. The Zoning Administrator and
Planning Commission have the authority to approve, deny or grant conditional approval for any site plan submitted under the
provisions of this ordinance. The Zoning Administrator may hold or the Planning Commission may table a site plan, pending
further information or addition, reasonably needed to complete a site plan or comply with requirements of this Ordinance.

***Signage Requirement: Existing Signage to be Reconditioned – Directional Signage allowed – Separate Permit
for Signage may be Required

FINDINGS UNDER SECTION 21.40
SECTION 21.40 SOIL EROSION AND SEDIMENTATION CONTROL, STORM WATER MANAGEMENT
No zoning permit shall be issued until any required Soil Erosion and Sedimentation Control permits and/or Storm Water
Management permits have been obtained.

***Storm Water Requirements: Soil Erosion Permit Pending County Conditional Approval
FINDINGS UNDER SECTION 21.42
SECTION 21.42 TRASH RECEPTACLES/DUMPSTERS

21.42.1 Residential Trash Receptacles shall be placed at curbside no earlier than twenty-four (24) hours from the scheduled pick-up
day. Any trash receptacle placed at curb side shall be removed from curb side no later than twenty-four (24) hours after the
scheduled pick-up day.
21.42.2 Commercial Trash Receptacles / Dumpsters may be placed upon a parcel of land in such a manner to facilitate loading and
unloading. They may be placed no closer than ten (10) feet to any adjoining property. All Trash Receptacles shall be properly
maintained with working lids and the lids shall be maintained in a closed position.
21.42.2.1 During the site plan review process the Planning Commission or Zoning Administrator may require
Commercial Businesses abutting land zoned Residential (R1, R2, R3, RR) or existing residential development in other

39
Exhibit 13

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

zoning districts (HX) to maintain a greater setback than ten (10) feet but in no case shall the required setback be
greater than twenty-five (25) feet.
21.42.3 Temporary Commercial Construction Dumpsters are exempt from these regulations.
21.42.4 Trash Receptacles / Dumpsters meeting the requirements of Sections 21.42.1, 21.42.2 & 21.42.3 shall not be considered
unsightly areas as covered in Section 21.18.5.

***Trash Receptacles: Met – See Site Plan
FINDINGS UNDER SECTION 21.43

SECTION 21.43 UNDERGROUND UTILITY WIRES
Within the area of a plat or site plan, all distribution lines for electric, communications or similar associated services shall be placed underground.
Those electric and communication facilities placed in dedicated public ways shall be installed so as not to conflict with other underground utilities.
All communication and electric facilities shall be constructed in accordance with standards of construction approved by the Michigan Public
Service Commission. All underground utility installations which traverse privately-owned property shall be protected by easements granted by the
owner of such property.
The Planning Commission may, by resolution, waive or modify any of the above requirements for underground line installations with respect to a
particular plat or site plan when the strict application of the above requirements would result in unnecessary hardship. Prior to any such waiver or
modification, a public hearing regarding the proposal shall be held by the Planning Commission.

***Underground Utilities: Pending

40
Exhibit 13

Otsego County Planning Commission
Proposed Minutes for April 20, 2026
FINDINGS UNDER ARTICLE 19/ SECTION 19.7 STANDARDS FOR SPECIAL LAND USE APPROVAL
SECTION 19.7 STANDARDS FOR SPECIAL LAND USE APPROVAL
19.7.1 The property subject to the application is located in a zoning district in which the proposed special land use is allowed.
HAS – HAS NOT BEEN MET
19.7.2 The proposed special land use will not involve uses, activities, processes, materials or equipment that will create a
substantially negative impact on the natural resources of the county or the natural environment as a whole.
HAS – HAS NOT BEEN MET
19.7.3 The proposed special land use will not involve uses, activities, processes, materials or equipment that will create a
substantially negative impact on other conforming properties in the area by reason of traffic, noise, smoke, fumes, glare,
odors or the accumulation of scrap material that can be seen from any public highway or seen from any adjoining land owned
by another person.
HAS – HAS NOT BEEN MET
19.7.4 The proposed special land used will be designed, constructed, operated and maintained so as not to diminish the opportunity
for the surrounding properties to be used and developed as zoned.
HAS – HAS NOT BEEN MET
19.7.5 The proposed special land use will not place demands on fire, police or other public resources in excess of current capacity.
HAS – HAS NOT BEEN MET
19.7.6 The proposed special land use will be adequately served by public or private streets, water and sewer facilities and refuse
collection and disposal services.
HAS – HAS NOT BEEN MET
19.7.7 If the proposed special land use includes more than fifteen thousand square feet (15,000 sq ft) of impervious surface, then the
storm water management system employed by the use shall (i) preserve the natural drainage characteristics of the site and
enhance the aesthetics of the site to the extent possible, (ii) employ storm water disposal through evaporation and infiltration
when reasonably possible, (iii) shall not discharge storm water directly to wetlands or surface waters unless there is no other
prudent or reasonably feasible means of discharge, (iv) shall not serve to increase the quantity of rate of discharge leaving the
property based on 25-year storm criteria, (v) shall be designed using Best Management Practices identified by the DNR or its
successor agency, and (vi) shall identify the party responsible for maintenance of the storm water management system.
HAS – HAS NOT BEEN MET
19.7.8 The proposed special land use complies with all specific standards required under this Ordinance applicable to it.
HAS – HAS NOT BEEN MET
SECTION 19.8 - CONDITIONS
The Planning Commission may attach reasonable conditions to the approval of a special use permit. These conditions may include
those necessary to ensure that public services and facilities affected by a proposed special land use will be capable of
accommodating increased service and facility loads caused by the special land use, to protect the natural environment and conserve
natural resources and energy, to insure compatibility with adjacent uses of land and to promote the use of land in a socially and
economically desirable manner. Any conditions imposed, however, shall meet all the following requirements.
19.8.1 Be designed to protect natural resources, the health, safety and welfare and the social and economic well-being of those who
will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed special land
use and the community as a whole.
19.8.2 Be related to the valid exercise of the police power and purposes which are affected by the proposed special land use.
19.8.3 Be necessary to meet the intent and purpose of the zoning ordinance, be rated to the standards established in the ordinance for
the special land use under consideration and be necessary to ensure compliance with those standards.

41
Exhibit 13

Otsego County Planning Commission
ATTACHMENT 2: PZSU25-011

Proposed Minutes for April 20, 2026

OTSEGO COUNTY
PLANNING COMMISSION
PZSU26-002

Special Use Permit/Site Plan Review
050-008-100-005-07

GENERAL FINDINGS OF FACT
1.

This is a proposal to amend special use permit PZSU24-012 from a multiple duplex site condominium to a single-family cluster
development condominium. Exhibit #1, Exhibit #5, Exhibit #6

2.

The proposal is for a ten (10) unit single-family cluster development. Exhibit #1, Exhibit #5

3.

The proposed property is on Harry’s Way within the existing Treetops North Planned Unit Development (PUD) in Dover
Township. Exhibit #1, Exhibit #5, Exhibit #19

4.

The original PUD was approved for 1100 units in 1994 with a reduction in density in 2003 to 834 units. Exhibit #19

5.

The addition of the ten (10) unit cluster development will not exceed the approved density. Exhibit #19

6.

The underlying zoning of the proposed property is an AR/Agricultural Resource Zoning District. Exhibit #2

7.

The proposed use is a permitted use subject to special conditions in a PUD. Exhibit #3

8.

A survey was completed to define the development area within the PUD. Exhibit #5

9.

The PUD Map and governing documents were amended, recommended by the Planning Commission October 20, 2025 and
adopted by the Board of Commissioners October 28, 2025. Exhibit #19

10. The single-family cluster development will encompass 6.78 acres; the PUD encompasses 1182.47+/- acres. Exhibit #4, Exhibit #5,
Exhibit #19

11. The open space requirements of a PUD have been met. Exhibit #3, Exhibit #6
12. The name of the proposed single-family cluster development is now Cottages at the Fazio. Exhibit #5, Exhibit #20
13. The ten (10) unit single-family cluster development will be established under the condominium act; the developer may commit
any unit to a time share unit. Exhibit #5, Exhibit #20
14. Setbacks for the development have been met. Exhibit #3, Exhibit #5
15. Each single-family unit will be a two-story 1950 sq. ft. dwelling. Exhibit #5, Exhibit #6, Exhibit #21
16. Property outside of the units is considered common area with a shared interest per the Condominium Act – Act 59 of 1978 and
Master Deed. Exhibit #5, Exhibit #20
17. Each unit will have its own well and septic with an area set aside for a reserved drain field. Exhibit #5, Exhibit #6
18. Each unit owner will be responsible for maintenance and repairs on their unit; the common areas will be maintained by the
Condominium Association. Exhibit #5, Exhibit #20
19. The development within the PUD will be accessed by Harry’s Way; roads within the development will be asphalted, private and
maintained by the Association. Exhibit #5, Exhibit #20
20. Sidewalks and directional signage are proposed for the development. Exhibit #5
21. No fencing is proposed for the development. Exhibit #5
22. Four (4) parking spaces are provided for each unit exceeding the Ordinance minimum requirement of two (2) spaces per
dwelling. Exhibit #3, Exhibit #5
23. The proposed site lighting and unit lighting meet the requirements of the Ordinance. Exhibit #5
24. No buffer yard is required for the development – Residential landscaping per dwelling is required. Exhibit #3
25. No dumpsters are proposed for the development. Exhibit #5, Exhibit #20

26. The property is currently under the ownership of Treetops Acquisition Co LLC. Exhibit #1, Exhibit #4
27. The proposed project will be represented by Wade Trim. Exhibit #7
28. A Master Deed is required for all condominium projects. Exhibit #3, Exhibit #20
29. The Master Deed will govern the development within the PUD. Exhibit #20
30. The Public Hearing Notice was published in the Herald Times on April 3, 2026. Exhibit #8

42
Exhibit 13

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

31. The requirements of Article 27 of the Otsego County Zoning Ordinance have been met. Exhibit #9, Exhibit #10
32. All property owners within three hundred (300’) feet were properly notified of the public hearing. Exhibit #11
33. The Planning Commission has the authority to approve a Special Land Use request after review and compliance with the Otsego
County Zoning Ordinance. (Section 19.7) Exhibit #3
34. The required fees have been collected by Otsego County Land Use Services. Exhibit #12
35. The site plan requirements of Article 23 have been reviewed by Otsego County Land Use and all requirements pertaining to the
proposed development have been addressed by the Applicant/Representative. Exhibit #3
36. Agency letters for the proposed project have been sent to the Otsego County EMS, Otsego County Fire Department and Otsego
Conservation District. Exhibit #16, Exhibit #17, Exhibit #18…pending
37. An inspection by the Northwest Michigan Health Department is required for all wells and septic systems. Permits will be
required for each unit. Exhibit #15…pending
38. An inspection by the Otsego Conservation District and soil erosion permit is required. Exhibit #18…pending

43
Exhibit 13

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

OTSEGO COUNTY
PLANNING COMMISSION
PZSU26-002

Special Use Permit/Site Plan Review
050-008-100-005-07

SPECIFIC FINDINGS OF FACT
FINDINGS UNDER ARTICLE 24
INTENT

ARTICLE 24 PLANNED UNIT DEVELOPMENT (PUD)

The planned unit development (PUD) is intended to be a development option for land use changes in specified districts
that contain multi-functional land use elements under single ownership or single management control. It is specifically
intended to permit flexibility in the regulation of land development; encourage innovation in land use and variety in
design, layout and type of structures constructed; achieve economy and efficiency in the use of land, natural resources,
energy and the providing of public services and utilities; encourage the maintaining of open space in its natural state; and
provide better housing, employment and shopping opportunities particularly suited to the needs of the residents of the
County.
Planned unit developments may be authorized by special use permit pursuant to the procedures and site plan review of
Article 19 of this Ordinance. Planned unit developments may be authorized in the following districts: R1, R2, and R3
and other residential districts in which PUD development would be appropriate. This may include the RR, FR and AR
Districts.
The PUD is not intended to be a substitute for a multiple family zoning district, and any business type services are
permitted only as accessory uses to the larger planned development.
SECTION 24.1 GENERAL STANDARDS
24.1.1 To be eligible for Planned Unit Development approval, the applicant must demonstrate that the following criteria
will be met, in addition to the other requirements of this Section:
24.1.1.1 Recognizable and Substantial Benefit: The Planned Unit Development shall result in a recognizable and
substantial benefit to the ultimate users of the project and to the community. Such benefit must otherwise be
unfeasible or unlikely to be achieved taking into consideration the reasonably foreseeable detriments of the
proposed development and use(s); including without limitation:
24.1.1.1.1 The long-term protection and/or preservation of natural resources and natural features and/or historical
and/or architectural features of a significant quantity and/or quality in need of protection or preservation on a
local, state and/or national basis;
24.1.1.1.2 Reducing to a significant extent the non-conformity of a non-conforming use or structure, i.e.,
modification of a non-conforming use or structure so that, to a significant extent, it is rendered more
conforming, or less offensive, to the zoning district in which it is situated.
24.1.1.2 Availability and Capacity of Public Services: The proposed type and density of use shall not result in an
unreasonable increase in the use of public services, facilities, and utilities. In determining whether an
unreasonable increase exists, the Planning Commission shall consider impacts and any mitigation measures
proposed by the developer, as well as any identified by any public agency. Where an impact will cause a public
service, facility or utility to exceed its design capacity or create a threat to public health or safety, the project shall
not be permitted without adequate mitigating measures to prevent an unhealthy or unsafe condition. Where the
impact is less, but still unreasonable in the opinion of the Planning Commission, which shall be based on
documented facts cited by the Planning Commission, then the PUD project shall not proceed without satisfactory
mitigation measures that reflect contributions by the PUD developer equal to the magnitude of the projected
development impact.
24.1.1.3 Compatibility with the Comprehensive Plan: The proposed development shall not have an adverse impact on
the Comprehensive Plan of the County.

44

Exhibit 14

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

24.1.1.4 Compatibility with the Planned Unit Development Intent: The proposed development shall be consistent
with the intent and spirit of these regulations, as stated in the intent of this Article.
24.1.1.5 Economic Impact: The proposed development shall not unreasonably impede the continued use or
development of surrounding properties for uses that are permitted in the zoning district.
24.1.1.6 Unified Control of Property: The proposed development shall be under single ownership or control such
that there is a single person or entity having responsibility for completing the project in conformity with the
Planned Unit Development regulations. This provision shall not prohibit transfer of ownership or control,
provided that notice of such transfer is given immediately to the County.
24.1.1.7 Permitted Uses: The proposed uses in the planned unit development project shall be limited to the
following:
24.1.1.7.1 Single family dwellings
24.1.1.7.2 Duplex or two (2) family homes
24.1.1.7.3 Apartment houses and multiple family housing
24.1.1.7.4 Parks, recreation lands and resource open spaces
24.1.1.7.5 Public buildings, community buildings and community facilities
24.1.1.7.6 Resort complexes which, in addition to lodging, provide community type recreation including: skiing,
golfing, tennis, swimming, boating, hiking, snowmobiling, camping, riding and related or accessory activities.
Such resort complexes may also offer accessory commercial services including: boat docks, gifts, clothing,
groceries, sporting goods, repair services, personal services, dance floors, dining rooms, alcoholic beverages
and offices - The applicant and final site plan, must clearly demonstrate that the proposed accessory
commercial uses are, in fact, accessory to the main use and that the PUD is not misused to create, in effect, a
commercial zoning district. The Planning Commission shall determine predominance of use after considering
the following criteria as they apply to each of the proposed non-residential uses: extent to which it serves
residents in the planned unit development compared to others who travel to the site, amount of traffic
generated; hours of operation or use; noise, odors and overall impact on adjoining uses; land area allocated to
each use; and building area allocated to each use. Where residential development is the principal use and the
commercial component of the planned unit development is predominantly designed to serve persons other than
those to reside in the planned unit development, shall not be permitted.
24.1.2 [RESERVED FOR FUTURE USE]
24.1.3 Exterior boundary setback: No uses in a PUD shall be nearer than fifty feet (50’) from the boundary line of any
zoning district. The Planning Commission may require greater setbacks for permitted accessory commercial services
in order to assure that the use remains accessory to the total development and does not become a commercial
influence on any adjoining district not zoned for business or commercial uses.
24.1.4 [RESERVED FOR FUTURE USE]
24.1.5 Yards and setbacks: The intent of the PUD is to encourage planned unit development and/or cluster housing to
increase the interrelationship between open space resource areas and developed areas.
The Planning Commission may, therefore, waive the "Schedule of Dimensions" standards for single lots of record and
permit the elimination or reduction of required yards and setbacks; except that yards fronting on roads determined by the
Planning Commission to be potential public roads shall be arranged so that there is at least eighty feet (80’) of separation
between buildings located across said roads.
24.1.6 Building or Structural height: The maximum height of building or structures shall be thirty-five feet (35’), but
may be modified up to one hundred percent (100%) by the County Planning Commission where it is conclusively
shown that the height modification will:
24.1.6.1 Result in a better use of land;
24.1.6.2 Not deprive off premises’ properties of natural views, light and air;
24.1.6.3 Not detract from the character of uses and developments in the surrounding area;
24.1.6.4 Can be accommodated in terms of utility service requirements and fire protection systems;

45

Exhibit 14

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

24.1.6.5 This exemption shall not allow The Planning Commission and/or Zoning Board of Appeals to allow a:
24.1.6.5.1 WTG height greater than allowed in the Zoning District PRINCIPAL USES PERMITTED or
PERMITTED USES SUBJECT TO SPECIAL CONDITIONS and/or Section 21.47 or
24.1.6.5.2 Wireless Telecommunication Towers and Facilities greater than the height allowed in the Zoning
District PRINCIPAL USES PERMITTED or PERMITTED USES SUBJECT TO SPECIAL CONDITIONS.
24.1.7 Floor area: The minimum floor area requirements shall be in accordance with the minimum required for one (1)
family dwelling and/or multiple family dwellings as prescribed in the applicable zoning district (e.g. R1, R2).
24.1.8 Site location: Any planned unit development shall be located only where it can meet the service requirements of
the district in which it is located, including existing or programmed essential public facilities and services such as
access streets, public water, sanitary sewer and storm drainage facilities, refuse disposal and police and fire protection
as is applicable.
24.1.9 Parking, loading, traffic and access: Planned unit development projects shall be subject to the regulations for
parking, loading, traffic and access of this Zoning Ordinance.
24.1.10 Special conditions: The Planning Commission may attach special conditions to the approval of the final site
plan to insure conformance with the intent of this Ordinance and the Otsego County Comprehensive Plan.
SECTION 24.2 PROCEDURE
24.2.1 General: A planned unit development project may be permitted only by the issuance of a special use permit. An
approved final site plan shall be a requirement for the issuance of a special use permit for a planned unit
development. A final site plan for a planned unit development shall conform to all standards of Article 19.3.
24.2.2 Preliminary site plan: A preliminary site plan of the planned unit development project shall be submitted which
contains all the information required by Article 19.3.2. It is recommended that this submission be preceded by preapplication conferences to determine whether the developer's intent is consistent with all requirements of this
Ordinance. Additional supporting material shall be submitted by the developer and shall include:
24.2.2.1 Explanation of the character of the planned unit development and the manner in which it has been planned to
take advantage of the flexibility of these regulations - This must include an explanation of how development of
the property via the planned unit development regulations will benefit the community over and above any benefits
the community would receive by development of the same property under the existing regulations of the District
in which it is located.
24.2.2.2 Statement of present and proposed ownership of all land within the project
24.2.2.3 Development schedule indicating: Stages in which project will be built with emphasis on area, density, use
and public facilities such as open space to be developed with each stage - Overall design of each stage shall be
shown on the plan and through supporting graphic material; approximate dates for beginning and completion of
each stage shall be shown on the plan.
24.2.2.4 Agreements, provisions or covenants which will govern the use, maintenance and continued protection of the
planned unit development and any of its common open space.
24.2.3 Site plan approval: No approval shall be granted for a preliminary or final planned unit development unless all
the requirements of Article 19.3 and 23.6 are met.
24.2.3.1 The landscape shall be preserved in its pre-approval condition, insofar as practicable, by minimizing tree and
soil removal and by topographic modifications which result in maximum harmony with adjacent areas.
24.2.4 A hearing by the Planning Commission in accord with the requirements of the special use procedure established in
Article 19; Section 19.5 shall be initiated after review of the preliminary site plan by the County Planning
Commission.
24.2.5 Final Plans: If the proposed planned unit development project preliminary site plan is approved, final site plans
shall be prepared for each stage according to the development schedule. The final site plan and supporting material
shall show in detail the design and use of all buildings and overall land development plans, as well as such other
considerations as are appropriate. An approved planned unit development shall be in conformance with all
comprehensive plan elements and the requirements of this ordinance. A special use permit shall be valid only for that
site plan and supporting material upon which the approval of the proposed planned unit development project was

46

Exhibit 14

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

based. All supporting material shall remain on file with the approved final site plan. The County Planning
Commission may approve minor changes to an approved preliminary site plan without additional public hearings if
changes do not affect the overall density, impact of, concept or intent of the development. Minor changes shall be
made only upon the mutual consent of the County Planning Commission and the landowner affected. The Planning
Commission shall maintain a record of conditions which are changed.
Major Changes: Changes in density, height of buildings, reduction of proposed open space, development schedule or
final governing agreements, provisions or covenants may be approved only by submission of a new preliminary site plan
or applicable supporting material followed by another hearing according to the special use procedures in Article 19.2.
Once compliance with Ordinance requirements is achieved, the final site plan shall be approved by the County Planning
Commission.
24.2.6 Continuing control: The planned unit development project shall be developed only according to the approved
and recorded final plan and all supporting material. The recorded final plan and supporting material together with all
recorded amendments shall be binding on the applicants, their successors and assigns and shall limit and control the
uses of premises and location of structures in the planned unit development. Major changes in the final site plan
during or after construction shall be accomplished only by submission of a new preliminary site plan followed by the
special use permit procedure. The County Planning Commission shall consider the planned unit development special
use permit subject to termination if construction falls more than one (1) year behind schedule.
24.2.7 Fees and permits: The Board of County Commissioners may establish a schedule of reasonable fees to be
charged for plan review. Zoning permits shall be required for each structure according to Article 25. The Zoning
Administrator shall base issuance upon conformance with the final plan and supporting material.
SECTION 24.3 OPEN SPACE PLAN
24.3.1 Clustered residences shall be placed contiguously, not dispersed over the property. Maximum gross density of
one (1) unit per one (1) acre for FR and AR districts, are allowed only where seventy-five percent (75%) of the total
site remains undeveloped. For all other districts, fifty percent (50%) of the total site shall remain undeveloped.
Regulated or unregulated wetlands used in density calculations shall be left in their natural state, that is, as they were
before proposed development, except as a mitigation plan with a wetland permit approved by DNR is made part of the
site plan for regulated wetland or approved by the Planning Commission for unregulated wetland. Existing vegetation
and water-related conditions shall remain undisturbed except where specifically authorized in the PUD plan. Unless
using an open space plan, applicant must hold to Article 17 for gross density.
24.3.2 Open Space Plan: Plans for open space reservation, natural resource conservation and recreation in Open Space
Plan for permanent dwellings or seasonal dwellings may be approved. In reviewing and approving the Open Space
Plan the following requirements shall apply, as permitted modifications to the standards as outlined in Article 17,
Schedule of Dimensions.
24.3.2.1 Lot areas may be reduced from the minimums stated for the District, provided that the approved open space
plan results in better protection of open space than if the lot areas were not reduced. Examples of better protection
of open space include the following:
A greater commonly used buffer area around sensitive lands like wetlands, flood plains or shorelines of rivers, lakes
or streams;
A greater setback around the perimeter of the property, especially sites abutting developed properties or a public road,
permanent protection of;
A scenic resource such as a view shed along a public road by means of;
A conservation easement or similar deed restriction;
A trail corridor with linkages to trails or planned for adjoining properties;
The amount of lot reduction shall be established by the Planning Commission based on the degree to which the open
space plan results in better protection of open space than not developing with a reduced lot area. In any event,
approved lot reductions may result in an increased number of lots, and hence density, of up to twenty-five percent
(25%) greater than Article 17 dimensions as applied to the overall site.
24.3.2.2 No lot shall have a depth of less than one hundred feet (100’) or a width of less than eighty feet (80’) at the
front property line under this open space plan. All lots created under this Section must at least be tentatively

47

Exhibit 14

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

approved for development by the Health Officer having jurisdiction whenever septic tank services are to be
utilized.
24.3.2.3 For each square foot of land gained within an open space plan through the reduction of lot size below the
minimum requirements as outlined in the "Schedule of Dimensions", at least equal amounts of land shall be
dedicated to the common use of the lot owners of the development.
24.3.2.4 The location and shape of the area to be dedicated for open space purposes shall be approved by the Planning
Commission consistent with a finding that the proposed open space will:
24.3.2.4.1 Improve the interrelationship between open space resource areas and developed areas;
24.3.2.4.2 Provide maximum recreation and aesthetic use of the open space;
24.3.2.4.3 Provide maximum utility of the open space, considering future development of additional phases of the
subdivision or adjacent areas;
24.3.2.4.4 Maximize appropriate drainage of developed areas;
24.3.2.4.5 Provide maximum sight distance for road access safety.
24.3.2.5 The land area necessary to meet the minimum requirements of this Section shall not include bodies of water
but may include swamps with standing water or lands with soils rated to have severe limitations for development
by the standards of the Otsego County Soil Conservation District.
24.3.2.6 This plan for reduced lot sizes shall be permitted only if a copy of the preliminary plat or plan of the
development has been submitted that has been certified or is supported by other written documents by the
Township Board in the affected Township community; and further, that the open space plan is agreeable to the
developer and the Otsego County Planning Commission.
24.3.2.7 Under this planned unit approach, the developer or sub divider shall dedicate the total park area at the time
of filing of the final plat on all or any portions of the plat to the common ownership of those owning in the PUD
or to the public, if the local governmental unit or the County agrees to accept the responsibility for said parkland.

***EXISTING PUD APPROVED FOR 834 UNITS – 10 UNITS PROPOSED TO AMENDED DEVELOPMENT –
PERMITTED USE SUBJECT TO SPECIAL CONDITIONS – OPEN SPACE REQUIREMENT MET
FINDINGS UNDER ARTICLE 21/ SECTION 21.6.2
SECTION 21.6 DEVELOPMENT REGULATIONS
21.6.1 Definition

For purposes of this section and as used in the Otsego County Zoning Ordinance a Development shall be defined as
Platted Subdivisions, Condominium Developments or any division of land that creates more lots or parcels on a parent
parcel than is permitted under the Land Division Act.
21.6.2 Regulations
A development shall be reviewed pursuant to the Special Land Use regulations of Article 19 and shall conform to the
following provisions in addition to all other applicable district provisions, except that the Planning Commission may
waive the requirements of this Section for developments with fewer than ten (10) lots, parcels or units provided the
Planning Commission makes a finding that doing so will not cause any significant public harm or harm to adjacent
properties.
21.6.3 A development, shall comply with the applicable site development standards contained in Article 17 SCHEDULE
OF DIMENSIONS, unless developed as a Planned Unit Development (PUD) subject to all regulations of Article 24.
21.6.4 Developments shall comply with all federal, state and county regulations regarding the provision of a potable
water supply and waste disposal facilities.
21.6.5 Developments shall provide for dedication of easements to the appropriate public agencies for the purposes of
construction, operation, maintenance, inspection, repair, alteration, replacement and/or removal of pipelines,
conduits, mains and other installations of a similar character for the purpose of providing public utility services,
including Conveyance of sewage, potable water and Storm water runoff across, through and under the property
subject to said easement, and excavation and refilling of ditches and trenches necessary for the location of such
installations.

48

Exhibit 14

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

21.6.6 In addition to the materials required by Article 19 and Article 23 or Article 24 for PUDs if applicable, an
application for a development shall include a development plan containing the following information:
21.6.6.1 Proposed use and occupancy restrictions as will be contained in the Deed Restrictions or the Master Deed.
21.6.6.2 All proposed deed restrictions which are conditions of the special use permit.
21.6.7 All provisions of the approved development plan shall be incorporated in the Deed Restrictions or in the Master
Deed for the development, unless exceptions are permitted by the Planning Commission. Any proposed changes to
the approved development plan shall be subject to review and approval by the County Planning Commission as a
major amendment to a permit, subject to the procedures of Article 19 and Article 23 or Article 24 for PUDs if
applicable.
21.6.8 All lots, parcels or units within a development project shall be marked with monuments as provided by State and
County regulations.
21.6.8.1 The County Board of Commissioners may waive the placing of any of the required monuments and markers
for a reasonable time, not to exceed one year, on condition that the proprietor deposits with the County Clerk cash
or a certified check, or irrevocable bank letter of credit naming to the municipality, whichever the proprietor
selects, in an amount not less than one hundred dollars ($100.00) per monument and not less than five hundred
dollars ($500.00) in total, except that lot corner markers shall be at the rate of not less than fifty dollars ($50.00)
per marker. The performance guarantee shall be returned to the proprietor pursuant to the provisions of Section
25.6 upon receipt of a certificate by a licensed professional surveyor that the monuments and markers have been
placed as required within the time specified.

***CONDOMINIUM DEVELOPMENTS ARE A PERMITTED USE SUBJECT TO SPECIAL CONDITIONS IN A PUD
AND ALL ZONING DISTRICTS
FINDINGS UNDER ARTICLE 9
ARTICLE 9 AR AGRICULTURAL RESOURCE DISTRICT
INTENT

Amended 4.13.2021

The Agricultural Resource District is intended to encourage the maintenance of productive farm and agricultural land for
growing, raising or production of food stuffs. It is further intended that the productive agricultural land base of the County
be maintained in agricultural activities. Other land uses and activities may be permitted if they meet the objective of
retaining farmlands in an open land character.
SECTION 9.1 PRINCIPAL USES PERMITTED
No buildings or land shall be used and no building shall be erected except for one (1) or more of the following specified
uses:
9.1.1 One (1) family dwelling unit
9.1.2 Two (2) family (duplex) dwellings subject to the one (1) family density requirements with a minimum lot width of
three hundred feet (300’)
9.1.3 Two (2) detached single-family dwelling units may be permitted, subject to the following conditions:
9.1.3.1 There is a separation between the two (2) dwellings so the lot may be divided into two (2) legal lots with each lot
having a lawful minimum width and area, with each dwelling still maintaining the front, side and rear setback as
regulated in the District.
9.1.3.2 The County Health Department approves the sanitary system.
9.1.4 Growing, raising, and harvesting of agricultural products and farm livestock
9.1.5 Woodlots, tree farms, nursery field stock, and harvesting activities
9.1.6 Buildings for storing or housing machinery, equipment and/or livestock, including repair operations when
accessory to agricultural and farm operations
9.1.7 Experimental agricultural activities and uses related to farm research
9.1.8 Wildlife habitat and plant species preservation areas

49

Exhibit 14

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

9.1.9 Farm industries may include saw mills of a permanent or temporary nature, with assembly of green or untreated
wood to a usable item for marketing, provided the operation is conducted as an accessory to a farm and that the use is
two hundred feet (200’) from property lines
9.1.10 Bed and breakfast/Tourist homes
9.1.11 Family and group care facilities meeting applicable state licensing requirements
9.1.12 Family child care homes and group child care homes
9.1.13 Forest production and forest harvesting operations including temporary sawmills, temporary log storage yards and
related facilities
9.1.14 Fraternal lodges
9.1.15 Aircraft Landing Strips
9.1.16 Churches
9.1.17 Cemeteries [Permit criteria include Article 21.4]
9.1.18 Dwellings less than sixteen feet (16’) wide [Permit criteria include Article 21.22]
9.1.19 Riding academies or stables [Permit criteria include Article 21.35]
9.1.20 Roadside stands (agricultural-temporary) off the road right-of-way, provided that the stand be operated only
seasonally, that hours not exceed dawn to dusk, that large equipment, including semi-tractor-trailers, not be parked at
the site and that the parking requirements of Article 21.27 be observed
9.1.21 Veterinary hospitals, clinics with indoor kennel [Permit criteria include Article 21.45]
9.1.22 Travel trailers (on private property) [Permit criteria include Article 21.33]
9.1.23 Home occupation
9.1.24 Farm buildings, in existence at the time of the adoption of this amendment and no longer used in support of
agricultural interests, may be used as rental property for storage of individually owned items
9.1.24.1 So as to alleviate noise and traffic associated with commercial activities and thus maintain the rural, open
space character of the area, the rental shall not be made into commercial enterprises.
9.1.24.2 All applicable sections of the zoning Ordinance apply
9.1.24.3 The Zoning Administrator may opt to refer the application to the Planning Commission if there are unusual
circumstances
9.1.25 Wireless Telecommunications Towers and Facilities one hundred seventy-nine feet (179’) or less in height
without lights [Permit criteria include Article 21.46]
9.1.26 Structures for storage of the owner’s personal non-farm possessions and non-commercial activities - These
structures shall not be used as dwellings. Structures shall meet the size requirements of Section 21.1.3.
9.1.27 WTG Building-Mounted: Permitted as an accessory use to an allowed Principal Use
9.1.28 WTG Small: Permitted as an accessory use to an allowed Principal Use
9.1.29 WTG Medium: Permitted as an accessory use to an allowed Principal Use
9.1.30 Roof-Mounted (any-scale) and Small and Medium-Scale Ground-Mounted Solar Energy Systems permitted as an
Accessory or Principal Use [Permit criteria includes Article 21.48]
SECTION 9.2 PERMITTED USES SUBJECT TO SPECIAL CONDITIONS
Amended 4.9.2013

The following uses may be permitted, subject to the conditions herein imposed for each use, the review standards of Article
19 and only after the review and approval of the site plan by the Planning Commission. [See Article 21 for applicable
SPECIFIC REQUIREMENTS FOR CERTAIN USES, if any and Article 23 for SITE PLAN REQUIREMENTS.]
9.2.1 Public and private parks, recreational facilities and public or private non-profit schools offering courses in general
education when the use is not, to the extent practical, placed on soils predominantly rated as having high agricultural
productivity in comparison with other farm lands in Otsego County

50

Exhibit 14

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

9.2.2 Recreation farms, dude ranches (so called) and sportsmen's clubs provided the farm land base remains essentially
intact, that the number of new and/or expanded buildings be limited in scale, in so far as is practical, to that typical of a
farm, and further, no activities shall cause the depletion or erosion of agricultural soils (dust, vehicle tracks, stream
bank breakdown, etc.)
9.2.3 Permanent forest industries, including permanent sawmills, planing mills, veneer mills and related operations,
provided:
9.2.3.1 There is a complete clean-up of discarded wastes following the cessation of activity;
9.2.3.2 There are no nuisances imposed upon tourist service facilities or outdoor recreation uses in the immediate
vicinity;
9.2.3.3 The site of the proposed use encompasses an area of at least five (5) acres.
9.2.4 Auction yards for livestock and/or agricultural equipment with accessory buildings on a minimum forty (40) acres
site with a minimum width of six hundred feet (600’), provided that there is no nuisance imposed upon the
surrounding farms or dwellings
9.2.5 Commercial outdoor sport and recreational facilities, outdoor musical entertainment
9.2.6 Driving ranges
9.2.7 Game preserves
9.2.8 Gasoline stations with or without store
9.2.9 Detention facilities
9.2.10 Shooting ranges (outdoor)
9.2.11 Recreation camps, resorts or housekeeping units
9.2.12 Restaurants and/or taverns (without drive-through service)
9.2.13 Dog grooming and kennel facilities [Permit criteria include Article 21.45]
9.2.14 Golf courses and country clubs [Refer to Articles 4.2.5 and 21.11]
9.2.15 Hunt clubs (commercial)
9.2.16 Airport with appurtenant facilities, when approved by the Planning Commission after a hearing, provided the
operating characteristics are deemed not to conflict with wildlife habitat areas, wilderness areas, housing areas, and
facilities or uses having high concentrations of people (schools, hospitals, etc.)
9.2.17 Surface mining of gravel, sand, clay, topsoil or marl [See Article 21.25 for criteria]
9.2.18 Travel trailer courts
9.2.19 Campgrounds (commercial)
9.2.20 Race tracks
9.2.21 Wireless Telecommunications Towers and Facilities over one hundred seventy-nine feet (179’) in height, or with
lights [See Article 21.46]
9.2.22 WTG Large
9.2.23 Anemometer Tower [See Article 21.47]
9.2.24 Unlisted property uses if authorized under Article 21.44
9.2.25 Personal Wireless Services Telecommunications Towers and Facilities one hundred fifty feet (150’) or less in
height, self-supporting (lattice) or guyed [Permit criteria includes Article 21.46]
9.2.26 Large-Scale Ground-Mounted Solar Energy Systems permitted as an Accessory or Principal Use [Permit criteria
includes Article 21.48]

***RESIDENTIAL USE IS A PERMITTED USE BY RIGHT IN AN AR DISTRICT

51

Exhibit 14

Otsego County Planning Commission
FINDINGS UNDER ARTICLE 20

Proposed Minutes for April 20, 2026

ARTICLE 20 ROAD AND ACCESS MANAGEMENT REQUIREMENTS
SECTION 20.1 PURPOSE

Amended 5.12.2020

The purpose of this section is to provide reasonable access to all roads within Otsego County while protecting the public
health, welfare, safety and aesthetics of the County. All Land in a parcel having a single tax code number or contiguous
parcels owned by a person as of the effective date of this Ordinance shall meet the requirements of this Ordinance. The
intent of this ordinance is to provide standards, which will preserve the traffic capacity and enhance the safety of the
highway by regulating safe and reasonable access, though not always direct access, between public roadways and
adjacent land. Access controls provide for orderly growth and development. This in turn will protect the long-term
viability of existing and new businesses in addition to protecting property values of commercial and residential
development along the corridor. It is recognized that existing development may not be able to meet all of the standards
contained in this ordinance; Upon expansion or redevelopment, the standards’ contained herein shall be applied to the
maximum extent possible.
The standards of this section are further intended to:
Minimize traffic conflicts, in order to reduce the frequency of fatal injury and property damage crashes;
Separate traffic conflict areas by reducing the number of direct access points;
Provide efficient spacing and size standards between access points and between access points and intersections;
Establish uniform access standards to ensure fair and equal application;
Protect the substantial public investment in the roadway system by preserving capacity and avoiding the need for
unnecessary and costly reconstruction which disrupts business;
• Require coordinated access among several landowners;
• Ensure reasonable access to properties, though the access may not always be direct access;
• Coordinate local management decisions on development proposals with access permit decisions by the Michigan
Department of Transportation (MDOT) and the Otsego County Road Commission, (OCRC).
SECTION 20.2 LOCATION AND SPACING
•
•
•
•
•

20.2.1 In order to minimize left turn conflicts, new access points shall be aligned with those across the roadway where
possible. If alignment is not possible, access points shall be offset a minimum of two hundred fifty-five feet (255’)
from those on the opposite side of the roadway, measured centerline of access point to centerline of access point.
Longer offsets may be required by the Michigan Department of Transportation (MDOT) in accordance with the
MDOT Access Management Guidebook.
20.2.2 Where spacing requirements cannot be met for parcels, lots, or building sites having frontage or access on more
than one roadway, access shall be provided from the lesser traveled roadway.
20.2.3 In the case of expansion, alteration, change of use or redesign of an existing development where existing access
points do not comply with the guidelines set forth herein, the closing, relocation, or redesign of the access point may
he required.
SECTION 20.3 SIGHT DISTANCE
Minimum intersection sight distance shall be ten (10) times the vehicular speed of the road or as per current MDOT and
OCRC standards
SECTION 20.4 ACCESS
All developments shall have reasonable access to a public roadway. Access onto any roadway shall be permitted only
upon issuance of an access permit by the MDOT or OCRC in compliance with the site review planning process.
20.4.1 Shared driveways, cross access driveways, interconnected parking, and private roads constructed to provide
access to properties internal to a subdivision shall be recorded as an easement and shall constitute a covenant
running with the land; Operating and maintenance agreements for these facilities shall be recorded with the deed.
SECTION 20.5 PUBLIC ROAD STANDARDS
20.5.1 All roads proposed to be of public ownership shall conform to MDOT and/or OCRC road standards
20.5.2 All proposed curve radii shall be designed to MDOT and/or OCRC road standards for truck turning requirements.

52

Exhibit 14

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

SECTION 20.6 PRIVATE ROAD STANDARDS

20.6.1 Private roads shall be designed with sufficient width to adequately support emergency vehicle access and
turnaround requirements. Approval of the road’s design by Otsego County EMS, Otsego County Sheriff’s
Department, and primary responding Fire Department shall be provided.
20.6.2 All private road cross-sections and profiles shall be designed to adequately drain and prevent soil erosion as
approved by the Soil Erosion and Conservation District.
20.6.3 Private road signage shall be consistent with OCRC requirements.
20.6.4 Private roads serving three or more parcels shall have a road operation/maintenance agreement in place which
provides stipulations for the perpetual maintenance of the road. The maintenance agreement shall be recorded with
the Otsego County Register of Deeds and shall run with all parcels served by the private road.
20.6.5 If it is intended for the road to become a public road at a later date, the road shall be designed to conform to
MDOT and/or OCRC road standards.
20.6.6 Private roads in existence on or before May 12, 2020 shall not be required to be brought into compliance with
Section 20.6.

***ACCESS REQUIREMENTS: EXISTING PRIVATE ROAD – HARRY’S WAY – DRIVES WITHIN THE
CONDOMINIUM DEVELOPMENT WILL BE ASPHALTED
FINDINGS UNDER SECTION 21.10
SECTION 21.10 FENCES
Amended 7.10.2018
Amended 12.20.2022

21.10.1 Permit Required
A Fence Permit shall not be required when all applicable sections and regulations of this ordinance have been met.
21.10.2 Fence Regulations:
21.10.2.1 A fence in the Front Yard shall not exceed a height of 3.5 feet and be of a see-through design and material
that does not obscure the vision of drivers of vehicles at any driveway entrance or exit, street intersection or other
pedestrian property access point
21.10.2.2 A fence along any side lot line may extend to the front property line except that it shall not exceed a height
of 3.5 feet from the front property line back 25 feet and shall be of a see-through design and material that does not
obscure the vision of drivers of vehicles at any driveway entrance or exit, street intersection or other pedestrian or
vehicle property access point.
21.10.2.3 A fence in the Side and Rear Yards cannot exceed a height of 7.0 feet except as noted in Section 21.10.2.2.
21.10.2.4 A fence may be located at or along an adjoining property line. Adequate space shall be allotted to permit
access for maintenance without trespass.
21.10.2.5 A fence surrounding a garden area cannot exceed a height of 8.0 feet and must be located no closer than 5.0
feet from any property line. A garden fence shall be of a see-through design and material that does not obscure
one’s vision.
21.10.2.6 A fence in any platted subdivision, residential development or residential zoning district shall not contain
single wire, barbed wire or be electrified.
21.10.2.7 A fence must be structurally sound and kept in good repair. There should be no evidence of deterioration,
damaged or collapsing pieces.
21.10.2.8 Fencing Materials permitted:
a. Fences may be constructed with approved fence wire, standard fence wood, vinyl, metal such as wrought iron,
brick, stone, masonry block, or other materials commercially designed for fence construction.
b. A fence may not be constructed with scrap lumber, chicken wire, wood pallets, or other unapproved materials
which are not commercially designed for fence or wall construction.

53

Exhibit 14

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

c. Snow fencing is a temporary type of porous fencing used to force windblown, drifting snow to accumulate in a
desired location rather than on roads, private drives and other property areas where drifts are not desirable. Snow
fencing includes the fencing material and also the posts to which the fencing material is attached. Snow fencing
should not be erected in such a manner as to cause snow to accumulate on neighboring properties or on any road
or highway. Snow fencing including posts may not be installed prior to October 15th and must be removed by
May 31st.
21.10.2.9 Any fencing or wall with a single finished side shall be installed with the finished side facing the
neighboring property or the road right-of-way.
21.10.2.10 Comply with Section 21.10.3
21.10.3 Fences-Maximum Heights:
Fences designed to enclose property in any district shall be subject to the following table of regulations:
Yards
Front of site, parallel with the principal roadway
Rear
Side
Side with front yard setbacks of 25 ft.
Garden Area in side and rear yard
Game Preserves
Junk Yard
Recycling Facility

Height
3.5 ft.
7.0 ft.
7.0 ft.
3.5 ft.
8.0 ft.
Special Use Permit Required
8.0 ft.
8.0 ft.

***FENCING: NA
FINDINGS UNDER SECTION 21.18
SECTION 21.18 LANDSCAPING
21.18.1 PURPOSE
The purpose of this section is: to protect and enhance property values, economic welfare and community attractiveness; to provide
beneficial climatic impacts by cleaning the air and providing shade; to protect health, safety and welfare by reducing air and water
borne pollutants, flooding and noise; to mitigate adverse effects of sighting different uses near one another through buffering; to
facilitate preservation of existing valuable trees and other vegetative cover; to provide wildlife habitat and environmental standards
within developed areas; to protect privacy.
21.18.2 General Performance Standards:
This, Section 21.18 Landscaping, requirements shall not apply to single family residences located on individual lots. The Section
shall apply to residential plats and site condominiums.
All areas not covered by buildings, parking or other structures shall be treated with landscape materials including street trees, shrubs and
groundcovers consistent with these provisions. The selected combination of plant materials shall be a harmonious combination of deciduous
and evergreen trees, shrubs, vines and/or ground covers so arranged to present an aesthetically pleasing whole.
21.18.2.1 Landscape Materials:
All landscape materials planted pursuant to the provisions of this section shall be healthy and compatible with the local climate, site
soil characteristics, drainage and available water supply.
Trees and shrubs should be at least, at the time of planting, the sizes as outlined in this section and shall be consistent with the
current American Standard for Nursery Stock as set forth from time to time by the American Association of Nurserymen.
Deciduous trees shall be not less than one and one-half (1 ½) inches in diameter for single family residential uses and two and onehalf (2 ½) inches in diameter for other uses.
Coniferous trees should be at least six (6) feet in height. Shrubs shall be of a size generally known in the nursery industry as
requiring at least a five (5) gallon container.
All planting beds constructed pursuant to Sections 21.18.2, 21.18.5 and 21.18.6 shall be mulched with mulch cover at least three
(3) inches deep to retain moisture around roots.
Trees shall be planted on the project sites so as to allow for their desired mature growth.
Access to or view of fire hydrants shall not be obstructed from any side.

54

Exhibit 14

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

Plantings shall be designed so as to not conflict with power lines or impede fire safety services.
21.18.2.2 Irrigation & Maintenance Performance Standards:
All uses with the exception of single family residential, which are landscaped with live plants, pursuant to this Section shall be
equipped with a watering system which will provide sufficient water to maintain plants in a healthy condition.
21.18.2.2.1 Whenever the landscaped area required by Sections 21.18.3, 21.18.5 and 21.18.6 is two thousand (2,000) square
feet or more of living plants whether or not the plants are contiguous, the site shall have a permanent irrigation system
capable of meeting the typical watering requirements of all the plant materials on site.
21.18.2.2.2 Whenever there is less than two thousand (2,000) square feet of landscaped area required by Sections 21.18.3,
21.18.5 and 21.18.6 on a site, there should be at least one reliable water source available during the growing season. The
hose bib or other water source shall be within fifty (50) feet from a border of the plants.
21.18.2.2.3 All irrigation systems shall be maintained in good working condition.
21.18.2.2.4 Irrigation requirements may be adjusted in part or in whole by the Zoning Administrator for landscape areas having
established healthy plant material, or where irrigation is deemed unnecessary for plant health and survival.
All plants required by this Section shall be maintained in a live and healthy state. Dead or unsalvageable unhealthy plants shall be
replaced with the size and type of plants required on the site development plan and by this Section. Plant materials including grasses
and herbaceous plants uses on berms, along road sides, etc. shall be routinely maintained during growing seasons. When growing in
close proximity to residential land uses, grasses and common weeds shall be maintained at a height of ten (10) inches or less.
All fences, walls and similar structures shall be maintained in good condition. Chipped paint, missing fence pieces, leaning or fallen
portions of a fence or other forms of deterioration shall immediately be replaced or repaired.
Replacement of plants may be delayed whenever the Zoning Administrator determines that extenuating circumstances beyond the
owner's control prevent the immediate replacement of the dead or unhealthy plants within a time established by the Zoning
Administrator. In any event, the dead or salvageable plants shall be replaced within nine (9) months of the time the plants are clearly
dead.
21.18.2.3 Existing Vegetation:
If there is no practical alternative in terms of sighting buildings and other development, trees and other plants may be removed.
Significant shrubs, grasses and trees are to be preserved within areas not required for development.
Healthy, younger mature plants shall be preserved which would normally succeed older plants.
Natural vegetation shall be preserved within areas below an ordinary high water mark of a lake, stream or other water body.
Existing vegetation to be preserved shall be protected during construction with barriers as required and approved by the Zoning
Administrator.
The application of landscape standards within this Ordinance may be adjusted in part or in whole by the Zoning Administrator to
allow credit for established healthy plant material to be retained on or adjacent to the site if such an adjustment is consistent with
the intent of this Ordinance.
21.18.2.4 Berms constructed pursuant to Section 21.18.3 shall be constructed with slopes not to exceed one to three (1:3) gradient
with side slopes designed and planted to prevent erosion, and with a rounded surface a minimum of two (2) feet in width at the
highest point of the berm, extending the length of the berm. Berm slopes shall be protected with sod, seed, shrubs or other
form of natural ground cover.
21.18.3 Buffer Yards:
Buffer yards shall be constructed to mitigate problems associated with traffic, noise, vibration, odor, glare, dust, smoke, pollution,
water vapor, conflicting land uses and density, height, mass, layout of adjacent uses, loss of privacy, unsightly views and other
potentially negative effects of development. Buffering may be achieved using landscape, building fences and berm or a combination
of the above techniques.
Buffer yards shall be located on the outer perimeter of a lot or parcel, extending to the lot or parcel boundary line. Buffer yards shall
not be located on any portion of an existing or dedicated public or Private Street or right-of-way.
Tables I and II shall be used to determine buffer yard dimensions and plant materials specifications. Table I is used to determine the
type of Buffer yard (A, B, C, D, E, EX, or NA) which will be required between districts or users. Once the type of Buffer yard is
obtained, Table II outlines the plant material specifications for alternative widths and specifications and treatments (walls, berms, etc.)
of buffer yard. Each property line should be analyzed independently to determine the appropriate buffer yard required.
The buffer yard tables are to be considered minimum standards. Increased landscaping requirements may be imposed by the Zoning
Administrator or the Planning Commission if it is determined any of the following conditions exist.
The type of required buffer yard will not sufficiently mitigate noise, glare, fumes, smoke, dust or unsightly views within the site.

55

Exhibit 14

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

The scale of the project in regard to mass and height indicates the need for a buffer yard developed specifically for the project.
The proposed use is next to an existing sensitive use such as a school, church or residential area.
21.18.4 Roadside Greenbelt Buffers:
Unless as otherwise required by Section 21.18.3, required front yards shall be landscaped with a minimum of one (1) tree, not less
than one and one-half (1½) inches in diameter for single family residential uses and two and one half (2½) inches in diameter of other
use, for each one thousand (1000) square feet, or major portion thereof, of front yard abutting a road right-of-way. The remainder of
the greenbelt shall be landscaped provided however, rock or other inorganic ground cover shall not exceed twenty (20) percent of the
yard area.
Access ways from public rights-of-way through required landscaped strips shall be permitted but such access ways shall not be
subtracted from the square foot dimension used to determine the minimum number of trees required.
21.18.5 Screening of Unsightly Areas:
Unsightly areas, including but not limited to outside storage areas, utility boxes and open areas where machinery or vehicles are stored
or repaired, shall be screened from public sidewalks, streets and other areas from which the property is visible. Such screening shall
not be located as to interfere with required maintenance activities of utility boxes.
Whenever plants are used as a screen, they should provide an effective opaque screen within three (3) years of the time they are
planted.
The materials and colors of the screen should blend with the site and the surroundings.
21.18.6 Parking Lot Screening:
Unless otherwise required by Section 21.18.3 or 21.18.4, a no-building buffer strip not less than ten (10) feet wide shall be required on
the perimeter of all parking lots containing twenty-seven hundred (2,700) square feet or more of parking area where not adjacent to
buildings. Said buffer strip shall be used for landscaping, screening or drainage as required herein.
Landscaping design standards:
21.18.6.1 Any required planting strip shall be a minimum of ten (10) feet in width.
21.18.6.2 One (1) street tree shall be planted adjacent to the public right-of-way for each twenty-four (24) lineal feet of frontage.
(This requirement shall not duplicate the requirements of Sections 21.18.4 or 21.18.3.)
21.18.6.3 Where screens of non-living material are used, at least one (1) shrub or vine shall be planted on the right-of-way or
property line side for each ten (10) lineal feet of screen or fraction thereof.
21.18.6.4 Parking lots with more than two (2) parking aisles shall require landscaped areas of at least ten (10) square feet of
interior landscaping for each parking space, interior being defined as the area within the perimeter of the paved surface.
21.18.6.4.1 Landscaped areas shall be a minimum of seventy-five (75) square feet with a minimum dimension of ten (10) feet.
Interior landscape areas shall be designed so as to cause minimum interference with snow removal. Each interior
landscape area shall include one (1) or more canopy trees based on the provision of one (1) tree per each one hundred (100)
square feet of interior landscape area.

***NO BUFFER YARD REQUIRED – AR ZONING DISTRICT SURROUNDING THE ENTIRE PROPOSED USE - SEE
TABLE I – ONE (1) TREE PER 1,000 FT REQUIRED FOR ROADSIDE BUFFER

56

Exhibit 14

Otsego County Planning Commission
Proposed Minutes for April 20, 2026
21.18

TABLE I : Planting Buffer Yard

Boundary
Zoning
District

M
U
Z

R-1

R-2

R-3

RR

FR

AR

B-1

B-2

B-3

M
A
I
N
S
T
R
E
E
T

M
U
Z
T
O
W
N
C
E
N
T
E
R

H
I
G
H
W
A
Y
I
N
T
E
R
C
H
A
N
G
E

I
I
N
D
U
S
T
R
I
A
L

Proposed
Development
Zoning District
R-1

N

R-2

B

N

R-3

C

B

N

RR

C

C

B

N

FR

C

C

B

B

N

AR

C

C

C

C

C

N

B-1

B

B

B

B

B

B

N

B-2

C

C

B

C

C

C

B

N

B-3

C

C

C

C

C

C

B

B

N

MUZ – MAIN STREET

A

A

A

B

C

C

A

A

B

N

MUZ – TOWN CENTER

A

A

A

B

C

C

A

A

C

A

N

C

C

C

C

C

C

B

B

B

B

C

N

E

E

E

E

D

D

D

C

C

E

E

C

HIGHWAY
INTERCHANGE
I - INDUSTRIAL

N

Key: N= No buffer yard required /See TABLE II

57

Exhibit 14

Otsego County Planning Commission
Proposed Minutes for April 20, 2026
TABLE II
STANDARD PLANT MATERIAL REQUIREMENTS
Plant Material Requirements
Type

Plant Material
Reductions with:
6’ Wall 3’ Berm

A

.50

.75

B

.50

.75

C

.65

.80

D

.75

.85

E

NA

NA

Vegetation Types

Buffer
Width

Canopy
Trees

Flowering Trees or
Large Shrubs

Shrubs

10’
15’ or
more

1

1

4

1

1

3

10’
15’ or
more

3

3

6

2

2

2

5

1

10’
15’
20’
25’
30’
35’
40’

4
3
2
3
3
3
3

3
2
2
2
2
2
2

19
15
15
15
15
15
15

4
3
1
1
2
2
3

15’
20’
25’
30’
35’
40’
45’

1
2
3
3
3
3
4

4
4
4
5
5
5
6

32
30
30
30
30
30
30

1
1
1
2
2
3
4

20’
25’
30’
35’
40’
45’ or
more

2
3
3
3
3

4
4
5
5
5

38
38
38
38
38

1
1
2
2
3

5

6

30

4

Evergreens &
Conifers

Minimum width of buffer with masonry wall = ten (10’) feet
ALL PLANT QUANTITIES ARE PER ONE HUNDRED (100) LINEAR FEET, less the distance required for
vehicle access to the property.

58
Exhibit 14

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

FINDINGS UNDER ARTICLE 21 /SECTION 21.19
SECTION 21.19 LIGHTING, OUTDOOR

Outdoor light fixtures are electrically powered illuminating devices, outdoor lighting or reflective surfaces, lamps and similar devices,
permanently installed or portable, used for illumination or advertisement. Such devices shall include search, spot and flood lights for
buildings and structures, recreation areas, parking lot lighting, landscape lighting, billboards and other signs (advertising or other), street
lighting, product display area lighting, building overhangs and open canopies.
All outdoor lighting fixtures including pole mounted or building mounted yard lights, dock lights, and shoreline lights other than decorative
residential lighting such as low-level lawn lights, shall be subject to the following regulations:
21.19.1 Lighting shall be designed and constructed in such a manner:
21.19.1.1 To ensure that direct or directly reflected light is confined to the area needing it and that it is not directed off the property,
21.19.1.2 That all light sources and light lenses are shielded,
21.19.1.3 That any light sources or light lenses are not directly visible from beyond the boundary of the site,
21.19.1.4 That light from any illuminated source shall be so shaded, shielded, or directed that the light intensity or brightness will not be
objectionable to surrounding areas.
21.19.2 Lighting fixtures shall be a down-type having one hundred (100) percent cut off. The light rays may not be emitted by the installed
fixture at angles above the horizontal plane, as may be certified by photometric test. A United States flag, Michigan flag or a flag of a
veteran’s organization chartered by the United States Government shall be allowed to have light illuminating them from below
21.19.3 There shall be no blinking, flashing, or fluttering lighting, including changes in light intensity, brightness or color, except that lights
may be controlled by a dimmer which can be periodically adjusted for conditions and signs as allowed in 21.38.2.1. Beacon lights are not
permitted except where required by law.
21.19.4 No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic control devices.
21.19.5 Decorative lights during holiday seasons shall be allowed.
21.19.6 Modification of these outdoor lighting standards may be permitted by the Zoning Board of Appeals for temporary uses of not more
than ten (10) days per year, following these provisions as closely as possible.

***LIGHTING REQUIREMENTS: MET – TWO (2) DOWNWARD LED LIGHT POLES PROPOSED ON SITE – RESIDENTIAL
LIGHTING PER DWELLING UNIT

FINDINGS UNDER SECTION 21.27
SECTION 21.27 PARKING
Amended 5.12.2020

There shall be provided in all districts at the time of erection or enlargement of any main building or structure or use, automobile off-street
parking space with adequate access to all spaces.
21.27.1 Off-street parking for other than residential uses shall be either on the same lot or within four hundred feet (400’) of the building it is
intended to serve, measured from the nearest point of the building to the nearest point of the off-street parking lot.
21.27.2 Any area once designated as required off-street parking shall not be changed to any other use unless and until equal facilities are
provided elsewhere.
21.27.3 In the instance of dual function of off-street parking spaces where operating hours of uses do not overlap, the Zoning Board of
Appeals may grant an exception by reducing the total number of spaces required.
21.27.4 The storage of merchandise, motor vehicles for sale, trucks, or the repair of vehicles is prohibited on required off-street parking lots.
21.27.5 Residential off-street parking spaces shall consist of a driveway, parking strip, parking bay, garage, carport, or combination thereof.
21.27.6 The parking or storage of any commercial motor vehicle shall be prohibited in any R1, R2 or RR District, or in any residential area
with lots of 20,000 sq. ft. or less. [See definition of COMMERCIAL MOTOR VEHICLE.]
21.27.7 For the purpose of computing the number of parking spaces required, the definition of FLOOR AREA, USABLE shall govern.
21.27.8 For those uses not specifically mentioned in the Off-street Parking Schedule, requirements for off-street parking facilities shall be in
accord with a use which the Board of Appeals considers as being similar in type.
21.27.9 Entrance drives to the property and off-street parking area shall be no less than twenty-five feet (25’) from a street intersection
(measured from the road right-of-way) or from the boundary of a different Zoning District. A greater distance may be required by the
Planning Commission if the lesser would cause a traffic issue.
21.27.10 Off-Street Parking Schedule
The minimum number of off-street parking spaces required by use shall be in accordance with the following schedule

59

Exhibit 14

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

COMMERCIAL

PUBLIC AND QUASI PUBLIC

RESIDENTIAL

LAND USE

MINIMUM PARKING SPACES REQUIRED
PER UNIT OF MEASURE

Dwellings

2 per dwelling

Multiple-Family Dwelling

2 per dwelling

Elderly Housing

1 per 4

Rooming House, Fraternity, or Sorority

1 per 2 occupants at maximum capacity

Trailer Court

2 per unit

Church or Temple
Hospital
Nursing Home
Elementary, Middle School or Junior High

1 per 3 seats
1.5 per bed
1 per 4 beds
1 per teacher, employee, and administrator, plus the requirements for auditoriums or gyms
1 per teacher, employee, and administrator, plus 1 for each 10 pupils or the requirements for any
auditorium or stadium, whichever is greater
1 per teacher, employee and administrator on the largest shift, plus 1 per each 2 students not residing
on campus
1 per 4 members, or 1 per 150 sq. ft. of usable floor area, whichever is greater
1 per 4-member families, plus 1 per employee, plus restaurant or bar parking requirements
4 per green or golf hole plus one (1) per employee
3 per hole or green
4 spaces per court, plus 1 per employee
1 per 3 seats
1 per 4 seats
1 per 200 sq. ft. of usable floor area
5 per wash stall plus 1 per employee
1 for each 2 employees
1 per employee
1 per employee plus 1 per service chair
1 per 3 persons at maximum capacity
1 per employee plus drive-in stalls and/or lanes to serve patrons
1 per 200 sq. ft. of usable floor area
1 per 50 sq. ft. of waiting room plus 1 per service chair
1 per 200 sq. ft.
2 per game table
5 per lane

Senior High School
Colleges, University Centers, and Tech Schools
Membership Clubs
Golf, or Swim Club
Public Golf Course
Par 3 and/or Mini Golf
Racquet Club or Tennis House
Sport Arena, Gym, or Stadium
Theater or Auditorium
Planned Shopping Center
Auto Wash Automatic
Auto Wash Automatic-Drive-in
Auto Wash Self Service
Barber or Beauty Shop
Dance Hall, Rink, Assembly Building (no fixed seats)
Drive-in Business
Banks
Doctor or Dentist Office
Business Office
Billiard Hall
Bowling Alley

60

Exhibit 14

Otsego County Planning Commission

COMMERCIAL CONTINUED

Proposed Minutes for April 20, 2026
LAND USE
Taverns
Restaurants
Drive-up or Drive-through Uses-Restaurant, Banks, Drug
Pick-up, Laundries, Payment Windows
or other Drive-up Service Windows
Furniture, Appliances, Plumbers, Electricians, and Minor
Repair Services
Vehicle Service Station
Gasoline Convenience Store
Laundromat
Funeral Home/Mortuary
Motels, Hotels, Motor Inns, Cabin Courts, Bed &
Breakfast Facilities and Tourist Lodging Facilities
Vehicle Sales
Retail Groceries
Other Retail Stores
Self-Storage Rental Units
Personal Service Establishments
Museums

In addition to the required parking for the principal use, the Drive-through facilities requirement in
Article 18 shall be followed
1 per 800 sq. ft. of usable floor area

Rifle or Pistol Range
Manufacturing Shop
Industrial Office or Research
Warehouse and Wholesale
Industrial Laundries

2 per service stall, plus 1 per employee
1 per 300 sq. ft. of usable floor area
1 per 3 machines for washing
1 per 200 sq. ft. of usable floor area
1 per 150 sq. ft. of usable floor area, the Planning
Commission may reduce up to half if they reserve land for open space
1 per 200 sq. ft. of showroom usable floor area
1 per 150 sq. ft. of usable floor area
1 per 150 sq. ft. of usable floor area
1 per 10 units
1 per 100 sq. ft. usable floor area not otherwise specified
1 per 150 sq. ft. of usable floor area
1 per 200 sq. ft. of usable floor area in addition to a loading and unloading area; and a vehicle
turnaround and drop-off area
2 per range plus 1 per employee
5 plus 1 per employee
1 ½ per employee
1 per employee, plus 1 per 200 sq. ft. of any office space
5 plus 1 per employee

Medical Laboratories

1 per 50 sq. ft. of waiting room plus 1 per employee

Rental Shops

INDUSTRIAL

PER UNIT OF MEASURE
1 per 100 sq. ft. of usable floor area
1 per 3 persons at maximum seating capacity

NOTES:
E. Sq. ft. refers to square feet of usable floor area unless otherwise noted.
F. 1 unit per measure shall be interpreted to mean 1 per each unit, as 1 per "each" three (3) persons.
G. Space requirements are cumulative; hence, a country club may require parking for the golf use as well as restaurant or bar use.
H. Employees, refers to all permanent staff and part time equivalents in the largest working shift. Maximum capacity is the maximum occupancy permitted by
applicable building, fire, or health codes.

61

Exhibit 14

Otsego County Planning Commission
Proposed Minutes for April 20, 2026
21.27.11 Parking Area Design Standards
21.27.11.1 The layout of off-street parking facilities shall be in accord with the following minimum requirements:
Parking
Pattern
Parallel
30-53˚
54-74˚
75-90˚

Maneuvering
Lane width
12ft
12ft
15ft
20ft

Parking
Space width
8ft
9ft
9ft
9ft

Parking
Space length
23ft
20ft
20ft
20ft

21.27.1.2 All spaces shall be provided access by maneuvering lanes. Backing directly onto a street shall be prohibited. Adequate ingress
and egress to a parking lot by means of clearly defined drives shall be provided for all vehicles. Ingress and egress to a parking lot
lying in an area zoned for other than residential use shall not be across land zoned for residential use.
21.27.11.3 Each entrance and exit to and from any off-street parking lot located in an area zoned for other than residential use shall be at
least twenty-five feet (25’) from adjacent property located in any residential district.
21.27.11.4 Buffer yards shall be required per standards set by Section 21.18. A buffer yard without buildings shall be required not less
than ten feet (10’) wide on the perimeter of all parking lots. Said buffer yard shall be uses for landscaping, screening and/or drainage
as required by this ordinance.
21.27.11.5 All parking areas containing 2700 sq. ft. or more shall provide snow storage area. Snow storage shall be provided on the ratio
of 10 sq. ft. per 100 sq. ft. of parking area.
Parking area is calculated at 270 sq. ft. per parking space. Snow storage areas shall be located in such a manner that they do not
interfere with the clear visibility of traffic on adjacent streets and driveways.
21.27.11.6 Parking areas shall be designed to facilitate interconnection of parking lots.
Shared parking is encouraged. Shared parking shall be permitted a reduction in required parking spaces if peak parking demand
periods at interconnected developments do not occur at the same time.
21.27.12 Federal and State requirements regarding handicapped parking and access shall apply.
21.27.13 Where the property owner can demonstrate that the required amount of parking is excessive, the Zoning Administrator or Planning
Commission may approve a smaller parking area, provided that the area of sufficient size to meet parking space requirements of this article
is retained and the owner agrees to construct the additional parking at the direction of the Zoning Administrator or Planning Commission.
The choice to pursue approval through either the Zoning Administrator and/or Planning Commission shall be at the discretion of the
applicant. If the applicant disagrees with the interpretation made by the Zoning Administrator, the decision may be deferred to the Planning
Commission.
21.27.14 Parking lot cross-connections shall be used in addition to frontage roads or shared driveways, when in the opinion of the Planning
Commission, cross-connections do not hinder traffic.
21.27.15 All parking in the Highway Interchange Commercial District shall be in the rear or side yard.

***PARKING REQUIREMENTS: EXCEEDED – PARKING AREAS TO BE ASPHALTED
FINDINGS UNDER SECTION 21
SECTION 21.38 SIGNS AND BILLBOARDS
Amended 3.29.2018

INTENT:
The sign standards contained in this Ordinance are declared to be necessary to protect the general health, safety, and welfare of the citizens of
Otsego County.
It is the intent of this regulation to insure a degree of standardization in signage throughout the county, to insure the safety of pedestrians and
motorists who must drive or otherwise negotiate installed signage and motorists who depend on the visibility of a sign’s message to safely
arrive at an intended destination. Standardization will preserve the aesthetics, appearance and functionality of all installed signage.
Any publicly displayed sign, symbol or notice on premises to indicate the name of the occupant, to advertise the business there transacted, or
directing to some other locale, shall be regulated as follows, and shall require permits in accordance with the terms of the County Building
Code:
Sign plans shall be reviewed for approval, conditional approval or rejection by the Zoning Administrator. For disagreements with the rulings
of the Zoning Administrator, the applicant may appeal to the Zoning Board of Appeals, who in such instances has final authority on the sign
plan.
The standards in this Article are determined to be the minimum necessary to achieve the above stated purposes. Compliance with this Section

62

Exhibit 14

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

does not relieve the applicant from the responsibility of compliance with other local, state or federal sign regulations, nor does the
issuance of a Sign Permit grant permission to the applicant to place signs on any property, including road rights-of-way, other than property
owned or otherwise legally under the control of the applicant. The issuance of a Sign Permit only assures the applicant that the sign meets the
requirements of the County Zoning Ordinance.
21.38.1 Signs Authorized and Requiring a Permit
All applications for a Sign Permit shall first be submitted to the Zoning Administrator. Before any permit is granted for the erection of a sign
or sign structure requiring such permit, construction documents shall be filed with the Zoning Administrator showing the dimensions,
materials and required details of construction, including loads, stresses, anchorage and any other pertinent data. The permit application shall
be accompanied by the written consent of the owner or lessee of the premises upon which the sign is to be erected and by engineering
calculations signed by a registered design professional. The Zoning Administrator may issue such permits when all applicable provisions of
this Ordinance have been met.
21.38.1.1 Accessory Signs
21.38.1.1.1 Districts: R1, R2, R3, RR
Number Allowed:

One (1)

Maximum Height:

Eight feet (8’)

Measured:

From the average grade at the base of the sign to the top of the sign support.

Maximum Size:

15 sq. ft.

21.38.1.1.2 Districts: AR, FR
Number Allowed:

One (1)

Maximum Height:

Eight feet (8’)

Measured:

From the average grade at the base of the sign to the top of the sign support.

Maximum Size:

32 sq. ft.

21.38.1.1.3 Districts: B1, B2, B3, HX, I
Number Allowed:

Two (2) with the following four (4) regulations:

Regulation 1:

One (1) sign shall be affixed to or be within two feet (2’) of and be parallel with the wall of the main building.

Maximum Size:

Signs mounted on and parallel with the wall of the main building shall not exceed a total surface area of fifteen
percent (15%) of the mounting wall. If a premise contains walls facing more than one property line or
encompasses property frontage bounded by more than one street or other property usages, the sign area(s) for each
building wall or property frontage will be computed separately for each building wall or property line facing a
different frontage. The sign area(s) thus calculated shall be permitted to then be applied to permitted signs placed
on each separate wall or property line frontage.

Regulation 2:

One (1) sign may be a freestanding sign.

Maximum Height:

Twelve feet (12’)

Maximum Size:

56 sq. ft. and length shall not be longer than three (3) times its width.

Regulation 3:

One (1) sign may be a pylon sign.

Maximum Height:

Thirty-five feet (35’)

Maximum Size:

Sign Specifications must be prepared by a design professional and must comply with any Airport Zoning
Ordinance and the Tall Structures Act.
Pylon Signs approved and installed before the date of this ordinance change shall be allowed provided they exhibit
structural integrity, are safe and well maintained.

Regulation 4:

All businesses may display window signs in ground level windows in addition to any wall signs. Window signs
shall not cover more than twenty percent (20%) of the total window area. Where multiple windows are installed,
signage may not be aggregated to cover any window one hundred percent (100%) restricting all visibility from the
interior and exterior. Signage may cover no more than fifty percent (50%) of the window on the horizontal and
vertical dimension. Total coverage for multiple window panels will not change.

21.38.1.1.4
Signs for shopping centers or other commercial developments with two (2) or more units developed as offices, office service units,
research facilities, manufacturing facilities, retail spaces with multiple stores, commercial PUD’s, large retail stores with a building area
over 100,000 sq. ft. or other commercial developments requiring Special Use Approval and which have a common off street parking and a
common entrance or entrances may install accessory signs in accordance with the following six (6) regulations:
Regulation 1: Signs which direct traffic movement within a property and which do not exceed 4 sq. ft. in area for each sign are permitted.

63

Exhibit 14

Otsego County Planning Commission
Regulation 2:

Regulation 3:

Proposed Minutes for April 20, 2026

One (1) free-standing identification sign for each street that the development faces.
a. The freestanding sign shall state only the name of the shopping center or multiple use development and tenants
located therein.
b. No freestanding sign face shall exceed an area of 100 sq. ft.
c. Freestanding signs shall not exceed a height of thirty feet (30’) measured from the average grade at the base of the
sign to the top of the horizontal sign frame supporting the sign face.
d. Tenants of the shopping center or the owner of outlets included with the development plan or PUD shall not be
permitted individual freestanding signs, except gas stations as noted below:
Businesses within the development or PUD shall be permitted exterior wall signs; the total area of the exterior wall
signs shall not exceed twenty percent (20%) of the area of the signage wall.

Regulation 4:

All businesses may display window signs in ground level windows in addition to any wall signs. Window signs shall not
cover more than twenty percent (20%) of the total window area. Where multiple windows are installed, signage may
not be aggregated to cover any window one hundred percent (100%) restricting all visibility from the interior and
exterior. Signage may cover no more than fifty percent (50%) of the window on the horizontal or vertical dimension.

Regulation 5:

An automobile service station located on an outlet or an individual lot within the development or PUD may have 1
freestanding sign in addition to the freestanding sign utilized for the development. The freestanding sign shall be for the
purpose of advertising gasoline prices and other services provided on the premises. The service station sign shall
comply with the regulations for a single business on its own lot as noted in Section 21.38.1.1.3 above.

Regulation 6:

Signs proposed for installation along MDOT regulated highways designed to advertise a specific business location must
be permitted in accordance with current MDOT Regulation 225. A specific time requirement for the developed site is
required and is usually two (2) years. A business sign is a sign designed to advertise a particular business location rather
than being used for general outdoor advertising not necessarily specific to a particular business.

Billboards or signage also referred to as outdoor advertising or outdoor highway advertising are permitted and controlled by MDOT under
sections of MDOT Regulation 225. A valid permit and sign approval is required prior to construction of a billboard designed for general
outdoor advertising.
21.38.2 Non-Accessory Signs and Billboards
21.38.2.1
Billboards, poster boards and non-accessory signs may be permitted in B2, B3 and I Districts provided the area of the sign does not exceed
an area of 200 sq. ft. in B2 and B3 Districts and 300 sq. ft. in I Districts. A non-accessory sign or billboard shall not measure longer than
three (3) times its width.
Signs that come under the jurisdiction of P.A. 106 of 1972 are under the jurisdiction of the Township, if the Township has adopted a sign
ordinance.
21.38.3 Sign Lighting [Also See Section 21.19 Lighting Outdoor]
21.38.3.1
Signs internally illuminated or with a light emanating surface are allowed only in the RR, FR, AR, B1, B2, B3, I, HX, MUZ-Main Street
and MUZ-Town Center Districts provided they meet the other requirements of this ordinance and are set back a minimum of ten feet (10’)
from all road right-of-ways and seventy-five feet (75’) from any other property line.
Signs internally illuminated or if sign has a light emanating surface. All light sources and reflecting surfaces immediately adjacent to the
light source shall be shielded from view. Sign luminance level, beginning one (1) hour after sunrise and continuing until one (1) hour
before sunset, shall not exceed (10278 Lumens) (685W Incandescent light bulb) (114W Florescent/LED) per square meter, or does not
exceed (342 Lumens) (25W Incandescent light bulb)(6.23W Florescent/LED) per square meter at all other times.
Signs that are externally illuminated shall have the light mounted on top of the sign, shall be directed downward onto the sign and shall be
shielded so as to prevent rays of light from being directed such that reflected luminance does not exceed (342 Lumens) (25W Incandescent
light bulb)(6.23W Florescent/LED) per square meter.
21.38.4 Signs Prohibited
21.38.4.1 No signs or sign structure shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision, or
at any location where by its position, shape or color it may interfere with or obstruct the view of or be confused with any authorized
traffic sign, signal or device
21.38.4.2 No signs shall be attached to any utility pole, light standard, street tree or any other public facility located within the public rightof-way.
21.38.4.3 No signs which blink, flash, or are animated by lighting in any fashion that would cause such signs to have the appearance of
traffic safety signs and lights, or municipal vehicle warnings from a distance.
21.38.4.4 No signs containing flashing, intermittent or moving lights. (A sign with messages or images accomplished by instantaneous repixilation not more often than one (1) time in sixty (60) seconds shall not be considered flashing, intermittent or moving and shall be
allowed.)

64

Exhibit 14

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

21.38.4.5 No signs with moving or revolving parts.

21.38.4.6 No signs attached to, or placed on, a vehicle or trailer parked on public or private property, except for signs meeting the
following three (3) regulations:
Regulation 1: The primary purpose of such a vehicle or trailer is not the display of signs.
Regulation 2: The signs are magnetic, decals or painted upon an integral part of the vehicle or equipment as originally designed by the
manufacturer, and does not break the silhouette of the vehicle.
Regulation 3: The vehicle or trailer is in operating condition, currently registered and licensed to operate on public streets where
applicable, and actively used or available for use in the daily function of the business to which such signs relate.
21.38.4.7 Vehicles and trailers are not to be used primarily as static displays, advertising a product or service, nor utilized as storage,
shelter or distribution points for commercial products or services for the general-public.
21.38.4.8 A sign that no longer advertises or identifies a use conducted on the property on which said sign is erected must have the sign
covered or removed within fourteen (14) days after written notification from the Zoning Administrator.
21.38.5 Signs Authorized and Not Requiring a Permit
21.38.5.1 Official notices, authorized by a court, public body or public safety official
21.38.5.2 Directional, warning or information signs authorized by federal, state or municipal governments
21.38.5.3 Memorial plaques, building identification signs and building cornerstones where cut or carved into a masonry surface or where
made of noncombustible material and made an integral part of the building or structure.
21.38.5.4 The flag of a government or noncommercial institution, such as a school.
21.38.5.5 Religious symbols and seasonal decorations within the appropriate public holiday season
21.38.5.6 Works of fine art displayed in conjunction with a commercial enterprise where the enterprise does not receive direct commercial
gain
21.38.5.7 Street address signs and combination nameplate and street address signs that contain no advertising copy and which do not
exceed 6 sq. ft. in area
21.38.5.8 The changing or maintenance or components of an approved existing sign that is designed for such changes, or the changing of
copy, business names, lettering, sign faces, colors, display and/or graphic matter, or the content of any sign shall not be deemed a
structural alteration.
21.38.5.9 Bulletin Boards that do not exceed 15 sq. ft. for churches, public and semi-public institutions and/or school
21.38.5.10 Temporary signs not exceeding 10 sq. ft. advertising a premise being for rent, for lease and/or for sale in any district All such
signs shall be removed within fourteen (14) days of the consummated lease or sale of the premises.
21.38.5.11 Accessory directional signs affixed to the building and not exceeding 2 sq. ft., such as but not necessarily limited to: Boiler
Room, Entrance, Exit, Garage, Loading Dock, Low Clearance, Office, Service, Warehouse and the like.
21.38.5.12 Maximum of two (2) accessory properties directional signs each not to exceed 2 sq. ft. identifying or directing to the following:
Entrance, Exit, No Parking, Visitors Parking, Other Traffic Flow Directions, and similar Functional Signs
21.38.5.13 Temporary advertising banners that are flexible (made of canvas, plastic composite etc.) meant to be attached to a fixed
commercial building structure which is currently occupied. All banners may not exceed 32 sq. ft. and must be maintained in good
condition while displayed.
21.38.5.14 Political signs shall be permitted in all zoning districts with the following three (3) regulations:
Regulation 1: Such signs shall follow the Accessory Signs restrictions as it relates to each individual Zoning District.
Regulation 2: Such signs for election candidate or ballot propositions shall be displayed only for a period of sixty (60) days preceding the
election and shall be removed within ten (10) days after the election, provided that signs promoting successful candidates
or ballot propositions in a primary election may remain displayed until not more than ten (10) days after the general
election.
Regulation 3: Such signs shall not be placed in any public right-of-way or obstruct traffic visibility.
21.38.6 Placement of Signs and Setbacks
21.38.6.1 Signs in Rights-of-Way
No sign other than an official traffic sign shall be erected within any public right-of-way unless specifically authorized by other ordinances
or regulations of this jurisdiction or by specific authorization of the code official.
21.38.6.2 Sign and Setbacks
Signs in any zoning district must be placed at least two feet (2’) back from any right of way and any lot line.
21.38.7 Off-Premises Directory Sign – Private

65

Exhibit 14

Otsego County Planning Commission
21.38.7.1

Proposed Minutes for April 20, 2026

Where a business use or tourist service facility is not located directly on a major tourist route but is dependent upon passerby traffic for
support, one (1) off-premises directory sign located on a county-maintained road may be permitted in business or non-business districts, on
each road or link or segment of road that affords access to the use but entails a major change in the direction of travel.
Off-premises Directory signs shall not exceed an area of 15 sq. ft. Community directional signs serving more than one (1) use may be
permitted to a maximum size of 32 sq. ft.
21.38.8 Approval Authority
21.38.8.1
The Zoning Administrator shall review and act upon site plans except where a Special Use Permit is required. Site Plans for a Special Use
Permit shall be forwarded by the Zoning Administrator to the Planning Commission for review and action. In addition, at the request of
the Zoning Administrator or Planning Commission, a site plan for a Principal Permitted Use may be submitted for Planning Commission
review before final action by the Zoning Administrator. The Zoning Administrator and Planning Commission have the authority to
approve, deny or grant conditional approval for any site plan submitted under the provisions of this ordinance. The Zoning Administrator
may hold or the Planning Commission may table a site plan, pending further information or addition, reasonably needed to complete a site
plan or comply with requirements of this Ordinance.

***SIGNAGE REQUIREMENT: DIRECTIONAL/TRAFFIC SIGNAGE PROPOSED
FINDINGS UNDER SECTION 21.40

SECTION 21.40 SOIL EROSION AND SEDIMENTATION CONTROL, STORM WATER MANAGEMENT
No zoning permit shall be issued until any required Soil Erosion and Sedimentation Control permits and/or Storm Water Management permits
have been obtained.

***STORM WATER REQUIREMENTS: SOIL EROSION PERMIT REQUIRED
FINDINGS UNDER SECTION 21.42
SECTION 21.42 TRASH RECEPTACLES/DUMPSTERS

21.42.1 Residential Trash Receptacles shall be placed at curbside no earlier than twenty-four (24) hours from the scheduled pick-up day. Any
trash receptacle placed at curb side shall be removed from curb side no later than twenty-four (24) hours after the scheduled pick-up day.
21.42.2 Commercial Trash Receptacles / Dumpsters may be placed upon a parcel of land in such a manner to facilitate loading and unloading.
They may be placed no closer than ten (10) feet to any adjoining property. All Trash Receptacles shall be properly maintained with
working lids and the lids shall be maintained in a closed position.
21.42.2.1 During the site plan review process the Planning Commission or Zoning Administrator may require Commercial
Businesses abutting land zoned Residential (R1, R2, R3, RR) or existing residential development in other zoning districts
(HX) to maintain a greater setback than ten (10) feet but in no case shall the required setback be greater than twenty-five (25)
feet.
21.42.3 Temporary Commercial Construction Dumpsters are exempt from these regulations.
21.42.4 Trash Receptacles / Dumpsters meeting the requirements of Sections 21.42.1, 21.42.2 & 21.42.3 shall not be considered unsightly
areas as covered in Section 21.18.5.

***TRASH RECEPTACLES: MET – NO DUMPSTER PROPOSED – SEE MASTER DEED
FINDINGS UNDER SECTION 21.43
SECTION 21.43 UNDERGROUND UTILITY WIRES

Within the area of a plat or site plan, all distribution lines for electric, communications or similar associated services shall be placed
underground. Those electric and communication facilities placed in dedicated public ways shall be installed so as not to conflict with other
underground utilities. All communication and electric facilities shall be constructed in accordance with standards of construction approved by
the Michigan Public Service Commission. All underground utility installations which traverse privately-owned property shall be protected by
easements granted by the owner of such property.
The Planning Commission may, by resolution, waive or modify any of the above requirements for underground line installations with respect
to a particular plat or site plan when the strict application of the above requirements would result in unnecessary hardship. Prior to any such
waiver or modification, a public hearing regarding the proposal shall be held by the Planning Commission.

***UNDERGROUND UTILITIES: MET – UNDERGROUND PROPOSED
66

Exhibit 14

Otsego County Planning Commission
Proposed Minutes for April 20, 2026
FINDINGS UNDER ARTICLE 19/ SECTION 19.7 STANDARDS FOR SPECIAL LAND USE APPROVAL
SECTION 19.7 STANDARDS FOR SPECIAL LAND USE APPROVAL
19.7.1 The property subject to the application is located in a zoning district in which the proposed special land use is allowed.
HAS – HAS NOT BEEN MET
19.7.2 The proposed special land use will not involve uses, activities, processes, materials or equipment that will create a
substantially negative impact on the natural resources of the county or the natural environment as a whole.
HAS – HAS NOT BEEN MET
19.7.3 The proposed special land use will not involve uses, activities, processes, materials or equipment that will create a
substantially negative impact on other conforming properties in the area by reason of traffic, noise, smoke, fumes, glare,
odors or the accumulation of scrap material that can be seen from any public highway or seen from any adjoining land
owned by another person.
HAS – HAS NOT BEEN MET
19.7.4 The proposed special land used will be designed, constructed, operated and maintained so as not to diminish the
opportunity for the surrounding properties to be used and developed as zoned.
HAS – HAS NOT BEEN MET
19.7.5 The proposed special land use will not place demands on fire, police or other public resources in excess of current
capacity.
HAS – HAS NOT BEEN MET
19.7.6 The proposed special land use will be adequately served by public or private streets, water and sewer facilities and
refuse collection and disposal services.
HAS – HAS NOT BEEN MET
19.7.7 If the proposed special land use includes more than fifteen thousand square feet (15,000 sq ft) of impervious surface,
then the storm water management system employed by the use shall (i) preserve the natural drainage characteristics of
the site and enhance the aesthetics of the site to the extent possible, (ii) employ storm water disposal through evaporation
and infiltration when reasonably possible, (iii) shall not discharge storm water directly to wetlands or surface waters
unless there is no other prudent or reasonably feasible means of discharge, (iv) shall not serve to increase the quantity of
rate of discharge leaving the property based on 25-year storm criteria, (v) shall be designed using Best Management
Practices identified by the DNR or its successor agency, and (vi) shall identify the party responsible for maintenance of
the storm water management system.
HAS – HAS NOT BEEN MET
19.7.8 The proposed special land use complies with all specific standards required under this Ordinance applicable to it.
HAS – HAS NOT BEEN MET
SECTION 19.8 - CONDITIONS
The Planning Commission may attach reasonable conditions to the approval of a special use permit. These conditions may
include those necessary to ensure that public services and facilities affected by a proposed special land use will be capable of
accommodating increased service and facility loads caused by the special land use, to protect the natural environment and
conserve natural resources and energy, to insure compatibility with adjacent uses of land and to promote the use of land in a
socially and economically desirable manner. Any conditions imposed, however, shall meet all the following requirements.
19.8.1 Be designed to protect natural resources, the health, safety and welfare and the social and economic well-being of those
who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed
special land use and the community as a whole.
19.8.2 Be related to the valid exercise of the police power and purposes which are affected by the proposed special land use.
19.8.3 Be necessary to meet the intent and purpose of the zoning ordinance, be rated to the standards established in the
ordinance for the special land use under consideration and be necessary to ensure compliance with those standards.

67

Exhibit 14

Otsego County Planning Commission
ATTACHMENT 3: PZSU25-011

Proposed Minutes for April 20, 2026

OTSEGO COUNTY
PLANNING COMMISSION
PZSU25-011

Special Use Permit/Site Plan Review
070-028-400-060-00, 070-028-100-030-04, 070-028-100-030-03, 070-028-200-070-00, 070-028-400-020-00,
070-028-400-035-00, 070-028-400-040-00, 070-028-400-045-00, 070-032-100-005-00, 070-033-200-015-00,
070-033-200-020-00, 070-033-200-020-01, 70-033-200-027-00, 070-033-200-030-00, 070-033-200-040-00,
070-033-200-050-00, 070-033-200-095-02, 070-033-300-015-04

GENERAL FINDINGS OF FACT
1.
2.

This is a request for an amendment to the approved special use permit PZSU22-002. Exhibit #1, Exhibit #5, Exhibit #6, Exhibit #18
The special use was approved as a private recreational facility with specific listed conditions. Exhibit #18

3.

The property is in a RR/Recreation Residential Zoning District. Exhibit #2

4.

A private recreational facility is a permitted use subject to special conditions in the RR Zoning District. Exhibit #3

5.

The request includes the original parcel 070-028-400-060-00 and seventeen (17) additional contiguous parcels. Exhibit #1,

6.

The total development is approximately 517.23+/- acres in size. Exhibit #4

7.

The property is currently under the ownership of Kent Family Farm LLC, Josh Kent. Exhibit #1, Exhibit #4

8.
9.

Exhibit #5

The previous Wilderness Valley Golf Course was proposed and approved as a private recreational facility with conditions.

Exhibit #18

The name of the private recreational facility is Wilderness Valley Farm. Exhibit #6

10. There are fifteen (15) buildings currently on the property; five (5) buildings were existing. Exhibit #5, Exhibit #6
11. Permits are required for new and remodeled structures; the current buildings are as follows: Exhibit #5, Exhibit #6
1. Clubhouse – Existing – Dining Facility
2. Gift Shop – Existing - Retail
3. Barn – New – Reindeer Use
4. Play Structure – New – Kids Play
5. Animal Shelter (3) – New – Animal Use
6. Waffle House – New
7. Pump House – Existing – Pump Use
8. Duck House – New – Duck Use
9. Donkey Barn – New – Donkey Use
10. Dog House – New – Dog Use
11. Kids Corn Play – Existing – Kids Play
12. Service Building – Existing 13. Barn – New
14. Peacock House – New – Peacock Use
15. Ticket Booth – New – Tickets
12. The existing two-story clubhouse has been remodeled for use as a dining facility (#1). Exhibit #5, Exhibit #6
13. An existing storage barn has been remodeled for use as a gift shop as well as cider and doughnut sales; the cart barn has
been remodeled for use as a greenhouse for plantings (#2.) Exhibit #5, Exhibit #6

14. Two (2) existing buildings have been remodeled as a Kids Corn Pit and Service Building (#11, #12). Exhibit #5, Exhibit #6
15. A playground area and 10-foot wide race track have been added to the facility. Exhibit #5, Exhibit #6
16. The existing Pump House remains as such (#7). Exhibit #5
17. New buildings have been constructed for animal use (#3, #5 (x3), #8, #9, #10, #13, #14). Exhibit #5, Exhibit #6

18. Other new buildings have been constructed as a Waffle House for use as a pick-up area for premade waffles (#6) and a
Ticket Booth (#15) for ticket purchase. Exhibit #5

Exhibit 12

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

19. A five-foot (5’) farm fence has been added around the perimeter of the recreational area. Exhibit #5
20. An eight-foot (8’) high game fence has been installed around the reindeer area per MDNR standards and previously
approved. Exhibit #5, Exhibit #6, Exhibit #18
21. Section 21.29 Pets and Other Animals requires all structures and fenced areas meet a setback of thirty feet (30’) per Section
21.29.3. Exhibit #3, Exhibit #5
22. The required front setback along any road frontage is twenty-five feet (25’); fencing in this area must meet the requirements
of Section 21.10.2.1. Exhibit #3. Exhibit #5
23. One hundred three (103) parking spaces are available including two (2) handicap accessible spaces. Property is large enough
for additional non-improved parking if needed; all parking must be on site. Exhibit #5, Exhibit #3
24. Main access to the facility is provided from Nicklaus Dr with additional access from Shawnee Trl for employees. These roads

are private roads and maintained by the Wilderness Valley Property Owners Association (WVPOA). Requirements for
emergency vehicles must be met. Exhibit #5, Exhibit #18

25. The roads within the facility are private roads maintained by the property owner. Exhibit #5, Exhibit #18

26. Surrounding properties are zoned the same – RR/ Recreation Residential so a buffer is not required; existing trees
surrounding the perimeter currently act as a buffer to neighboring properties. Exhibit #20
27. Existing lighting is in place; no new lighting proposed. Exhibit #3
28. A three-yard dumpster and three-yard recycling container are being provided for trash removal and emptied three (3) times
a week during the operating season. Exhibit #6
29. A variance was granted for the signage on Mt. Frederick Rd for parcel 070-028-400-020-00; on-site entrance signage cannot
exceed 15 sq ft in the RR District and requires a separate permit. Exhibit #3, Exhibit #6
30. The Public Hearing Notice was published in the Gaylord Herald Times on February 27, 2026. Exhibit #7
31. The requirements of Article 27 of the Otsego County Zoning Ordinance have been met. Exhibit #8, Exhibit #9
32. All property owners within three hundred (300’) feet were properly notified of the public hearing. Exhibit #10
33. The Planning Commission has the authority to approve a Special Land Use request after review and compliance with the
Otsego County Zoning Ordinance. (Section 19.7) Exhibit #3
34. The required fees have been collected by Otsego County Land Use Services. Exhibit #11
35. The site plan requirements of Article 23 have been reviewed by Otsego County Land Use and all requirements pertaining to
the proposed development have been addressed by the Applicant. Exhibit #3
36. Northwest Michigan Health Department approval has been received. Exhibit #14
37. Agency letters have been sent to the Otsego County EMS and Otsego County Fire Department and for project review. Exhibit
#15, Exhibit #16

Exhibit 12

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

OTSEGO COUNTY
PLANNING COMMISSION
PZSU25-011

Special Use Permit/Site Plan Review
070-028-400-060-00, 070-028-100-030-04, 070-028-100-030-03, 070-028-200-070-00, 070-028-400-020-00,
070-028-400-035-00, 070-028-400-040-00, 070-028-400-045-00, 070-032-100-005-00, 070-033-200-015-00,
0070-033-200-020-00, 070-033-200-020-01, 70-033-200-027-00, 070-033-200-030-00, 070-033-200-040-00,
070-033-200-050-00, 070-033-200-095-02, 070-033-300-015-04

SPECIFIC FINDINGS OF FACT
FINDINGS UNDER ARTICLE 19/ PERMITTED USES SUBJECT TO SPECIAL CONDITIONS
SECTION 19.1 PURPOSE
It is the purpose of this Article to specify the procedure and requirements for the review of special land uses, as specified in
this Ordinance. Uses classified as special land uses are recognized as possessing unique characteristics (relative to location,
design, size, public infrastructure needs, and other similar characteristics) which require individual review and approval
standards in order to safeguard the general health, safety, and welfare of the County.
SECTION 19.2 APPLICATION AND FEES
An application for a special use permit shall be made by filing with the zoning administrator one (1) paper copy and one (1)
PDF electronic copy (or similar file format) of a completed application form, including all required information and the fees
established by the County Board of Commissioners to cover the costs of processing the application. No part of any fee shall
be refundable.
SECTION 19.3 DATA REQUIRED
This application for a special land-use permit shall include all the following information:
19.3.1 The Applicant’s name, address, and telephone number.
19.3.2 The legal description, addresses, and taxes identification number of the proposed site.
19.3.3 A signed statement that the Applicant is the owner of the proposed site, or is acting as the owner’s representative.
19.3.4 A site plan meeting all of the requirements of Section 23.2 of this Ordinance.
19.3.5 A detailed written description of the proposed special land use.
19.3.6 A detailed written statement, with supporting evidence, demonstrating how the proposed special land use will comply
with the standards for special land use approval specified in Section 19.8 of this Ordinance.
19.3.7 Any additional information reasonably deemed necessary by the Planning Commission to determine compliance with
the standards for special land use approval specified in Section 19.8 of this Ordinance and the impact of the proposed
special land use on adjacent properties, public infrastructure, and the County as a whole. This information may take the
form of, but is not limited to, traffic impact analysis, environmental impact assessments, market studies (to determine
demand and/or use saturation), fiscal impact analysis or reports and/or information from officials representing state,
county, or local police, fire, or health departments, the county road commission or Michigan Department of
Transportation and/or state, county, or local environmental regulatory agencies.
SECTION 19.4 ZONING ADMINISTRATOR’S REVIEW
19.4.1 The zoning administrators shall review the application and information submitted under Section 19.3 of this
Ordinance to determine if all required information was supplied. If the zoning administrator determines that all required
information was not supplied, he/she shall send written notification to the Applicant of the deficiencies. The application
for the special use permit cannot proceed until all required information has been supplied.
19.4.2 Once all required information is submitted, the zoning administrator shall forward the application to the Planning
Commission for its review under the procedures of this Article, and will notify the township in which the property is
located of the application.
SECTION 19.5 PUBLIC HEARING REQUIREMENTS
Following receipt of a complete special use permit application, the Planning Commission shall hold a public hearing. The
notices for all public hearings before the planning commission concerning requests for special use permits and planned unit

70

Exhibit 13

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

developments shall comply with all of the following:
A. The content of the notice shall include all of the following information:
1. A description of the nature of the proposed special use or planned unit development request.
2. A description of the property on which the proposed special use or planned unit development will be located. The
notice shall include a listing of all existing street addresses within the property. Street addresses, however, do not
need to be created and listed if no such addresses currently exist within the property. If there are no street addresses,
other means of identification may be used, such as using tax parcel identification numbers or including a map
showing the location of the property.
3. The time, date, and place the proposed special use or planned unit development request will be considered.
4. The address where and the deadline when written comments will be received concerning the proposed special use or
planned unit development request.
B. The notice shall be published in a newspaper of general circulation within the County not less than fifteen (15) days
before the scheduled public hearing.
C. The notice shall be sent by first-class mail or personal delivery to the owners of the property or properties proposed for
Special Use or Planned Unit Development not less than fifteen (15) days before the scheduled public hearing.
D. The notice shall also be sent by first-class mail or personal delivery to all persons to whom real property is assessed
within three hundred feet (300’) of the property on which the proposed special use or planned unit development will be
located and to the occupants of all structures within three hundred feet (300’) of the property on which the proposed
special use or planned unit development will be located not less than fifteen (15) days before the scheduled public
hearing, regardless of whether the property or occupant is located in the County. If the name of the occupant is not
known, the term "occupant" may be used in making notification under this subsection.
SECTION 19.6 REVIEW AND APPROVAL AUTHORITY
Following the public hearing the Planning Commission shall review the special land use request and shall approve, deny, or
approve with conditions the special use permit based on the standards for special land use approval specified in Section 19.8
of this Ordinance. The Planning Commission’s decision shall be in writing and shall include findings of fact, based on the
evidence represented at the public hearing, on each standard.
SECTION 19.7 STANDARDS FOR SPECIAL LAND USE APPROVAL
The Planning Commission shall approve, or approve with conditions, an application for a special land use permit only upon
a finding that the proposed special land use complies with all of the following standards:
19.7.1 The property subject to the application is located in a zoning district in which the proposed special land use is
allowed.
19.7.2 The proposed special land use will not involve uses, activities, processes, materials, or equipment that will create a
substantially negative impact on the natural resources of the county or the natural environment as a whole.
19.7.3 The proposed special land use will not involve uses, activities, processes, materials or equipment that will create a
substantially negative impact on other conforming properties in the area by reason of traffic, noise, smoke, fumes, glare,
odors or the accumulation of scrap material that can be seen from any public highway or seen from any adjoining land
owned by another person.
19.7.4 The proposed special land used will be designed, constructed, operated and maintained so as not to diminish the
opportunity for the surrounding properties to be used and developed as zoned.
19.7.5 The proposed special land use will not place demands on fire, police or other public resources in excess of current
capacity.
19.7.6 The proposed special land use will be adequately served by public or private streets, water and sewer facilities and
refuse collection and disposal services.
19.7.7 If the proposed special land use includes more than 15,000 sq. ft. of impervious surface, then the storm water
management system employed by the use shall (i) preserve the natural drainage characteristics of the site and enhance the
aesthetics of the site to the extent possible, (ii) employ storm water disposal through evaporation and infiltration when
reasonably possible, (iii) shall not discharge storm water directly to wetlands or surface waters unless there is no other
prudent or reasonably feasible means of discharge, (iv) shall not serve to increase the quantity of rate of discharge
leaving the property based on twenty-five (25) year storm criteria, (v) shall be designed using Best Management
Practices identified by the DNR or its successor agency, and (vi) shall identify the party responsible for maintenance of
the storm water management system.

71

Exhibit 13

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

19.7.8 The proposed special land use complies with all specific standards required under this Ordinance applicable to it.
SECTION 19.8 CONDITIONS
The Planning Commission may attach reasonable conditions to the approval of a special use permit. These conditions may
include those necessary to insure that public services and facilities affected by a proposed special land use will be capable of
accommodating increased service and facility loads caused by the special land use, to protect the natural environment and
conserve natural resources and energy, to insure compatibility with adjacent uses of land, and to promote the use of land in a
socially and economically desirable manner. Any conditions imposed, however, shall meet all the following requirements.
19.8.1 Be designed to protect natural resources, the health, safety, and welfare and the social and economic well-being of
those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the
proposed special land use, and the community as a whole.
19.8.2 Be related to the valid exercise of the police power, and purposes which are affected by the proposed special land use.
19.8.3 Be necessary to meet the intent and purpose of the zoning ordinance, be rated to the standards established in the
ordinance for the special land use under consideration, and be necessary to insure compliance with those standards.
SECTION 19.9 COMPLIANCE WITH APPROVED SPECIAL USE PERMT REQUIRED
Unless amended pursuant to Section 19.12 of this Ordinance, an approved special land use shall be developed, constructed,
maintained, and operated in strict compliance with the approved special use permit and any conditions of approval. In the
event public or site improvements were designed by an architect or engineer, the Applicant shall, following completion of
construction, providing a statement prepared by his or her architect or engineer certifying that all public and and/or site
improvements were constructed in compliance with the approved special land use permit and any conditions of approval.
SECTION 19.10 AMENDMENT OF SPECIAL USE PERMIT
Amendments to an approved special use permit shall be permitted only under the following circumstances:
19.10.1 The owner of property for which a special land use has been approved shall notify the zoning administrator of any
desired change to the approved special use permit. Minor changes may be approved by the zoning administrator upon
determining that the proposed revision(s) will not alter the basic design and character of the special land use, nor any
specified conditions imposed as part of the original approval. Minor changes shall include the following:
19.10.1.1 Reduction of the size of any building and/or sign.
19.10.1.2 Movement of buildings and/or signs by no more than ten feet (10’).
19.10.1.3 Landscaping approved in the special use permit that is replaced by similar landscaping to an equal or greater
extent.
19.10.1.4 Changes in floor plans that do not exceed five percent (5%) of the total floor area and which do not alter the
character of the use or increase the amount of required parking.
19.10.1.5 Internal re-arrangement of a parking lot which does not affect the number of parking spaces or alter access
locations or design.
19.10.1.6 Changes related to items 19.10.1.1 through 19.10.1.5 above, required by Otsego County, or other state or
federal regulatory agencies in order to conform with other laws or regulations; provided the extent of such changes
does not alter the basic and character of the special land use, nor any specified conditions imposed as part of the
original approval.
19.10.1.7 All amendments to a special land use permit approved by the zoning administrator shall be in writing. After
approval by the zoning administrator, the Applicant shall prepare a revised site plan showing the approved
amendment. The revised site plan shall contain a list of all approved amendments and a place for the zoning
administrator to sign and date all approved amendments.
19.10.2 An amendment to an approved special use permit that cannot be processed by the zoning administrator under
Section 19.10 above shall be processed in the same manner as the original special use permit application.
SECTION 19.11 EXPIRATION OF SPECIAL USE PERMIT
19.11.1 An approved special use permit shall expire one (1) year following approval by the Planning Commission, unless
substantial construction has begun pursuant to the permit prior to the expiration, or the property owner applies to the
Planning Commission for an extension prior to the expiration of the special use permit. The Planning Commission may
grant one (1) extension of an approved special use permit for an additional one (1) year period if it finds:
19.11.1.1 The property owner presents reasonable evidence that the development has encountered unforeseen difficulties
beyond the control of the property owner; and
19.11.1.2 The requirements and standards for special use permit approval that are reasonably related to the development

72

Exhibit 13

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

have not changed.
19.11.2 If the special use permit expires pursuant to subsection above, no work pursuant to the special use permit may be
undertaken until a new special use permit is obtained from the Planning Commission following the procedures for the
new special use permit.
SECTION 19.12 REAPPLICATION
No application for a special use permit which has been denied, wholly or in part, by the Planning Commission shall be resubmitted for a period of one (1) year from the date of such denial, except on grounds of new evidence or proof of changed
conditions found by the Planning Commission to be valid or if the county attorney by a written opinion states that in the
attorney’s professional opinion the decision made by the Planning Commission or the procedure used in the matter was
clearly erroneous. A reapplication shall be processed in the same manner as the original application.
SECTION 19.13 JURISDICTION OF ZONING BOARD OF APPEALS
The Zoning Board of Appeals shall have no jurisdiction over decisions of the Planning Commission in regard to matters
concerning the granting of special use permits.

***PZSU22-005 – Approved as Private Recreational Facility – Amendment requested to allow additional
animals, buildings, and uses – Same procedure as original required
FINDINGS UNDER ARTICLES 7/ SECTION 7.2.3
ARTICLE 7 RR RECREATION RESIDENTIAL DISTRICT
Amended 4.13.2021
Amended 8.27.2024

INTENT
The Recreation Residential District is designed to accommodate cottage and vacation home developments. It is intended
that the vacation home areas be reasonably homogeneous by discouraging the mixing of recreation home areas with
commercial resorts, business services and major institutional or community services.
SECTION 7.1 PRINCIPAL USES PERMITTED
No building or land shall be used and no building shall be erected except for one (1) or more of the following specified uses:
7.1.1 One (1) single-family dwelling
7.1.2 One (1) detached guest house may be permitted for temporary use of guests, provided the use is accessory to the main
dwelling, is constructed under the same standards as those required for the main dwelling, is a minimum of 400 sq. ft
within a parcel double the minimum required land area for the District per ARTICLE 17 SCHEDULE OF DIMENSIONS,
and the Health Department approves. [See Article 17]
7.1.2.1 Should the property be divided, the guest house must meet the minimum requirements for a single-family
dwelling, there must be a separation between the two (2) dwellings so the lot may be divided into two (2) legal lots with
each lot having a lawful minimum width and area, with each dwelling still maintaining the front, side and rear setback as
regulated in the District and the Health Department approves.
7.1.3 One (1) accessory dwelling unit (ADU) may be permitted, provided the dwelling is smaller than the main dwelling, is
constructed under the same standards as those required for the main dwelling and the Health Department approves. [See
Article 2.2]
7.1.3.1 An attached ADU must be a minimum of 400 sq. ft. or;
7.1.3.2 A detached ADU must be a minimum of 720 sq. ft, the parcel must be double the required land area for the District in
Article 17 Schedule of Dimensions and there is a separation between the two (2) dwellings so the lot may be divided into two
(2) legal lots with each lot having a lawful minimum width and area, with each dwelling still maintaining the front, side and rear
setback as regulated in the District
7.1.4 Accessory boat launching ramps, minor docks and accessory facilities provided they are developed as part of a residential lot.
[Permit criteria include Article 18 LOTS NEAR WATER]
7.1.5 Public parks, parkways, scenic trails, playgrounds, recreation lands and forests, including accessory shelters and
apparatus, and historical structures or display areas
7.1.6 Existing farms and agricultural uses
7.1.7 Home businesses or occupations and personal services as permitted in Article 4.1.10 and 5.1.4
7.1.8 Family care facilities meeting applicable state licensing requirements
7.1.9 Family child care homes and group child care homes

73

Exhibit 13

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

7.1.10 Bed and breakfast/Tourist homes
7.1.11 Travel trailers [Permit criteria include Article 21.33]
7.1.12 Structure for storage of the owner’s possessions and non-commercial activities - These structures shall not be used as
residences. Structures shall meet the size requirements of 21.1.3.
7.1.13 WTG Building-Mounted: Permitted as an accessory use to an allowed Principal Use
7.1.14 Roof-Mounted (any-scale) and Small-Scale Ground-Mounted Solar Energy Systems permitted as an accessory use to
an allowed Principal Use [Permit criteria includes Article 21.48]
SECTION 7.2 PERMITTED USES SUBJECT TO SPECIAL CONDITIONS
The following uses may be permitted, subject to the conditions herein imposed for each use, the review standards of Article
19 and only after the review and approval of the site plan by the Planning Commission. [See Article 21 for applicable
SPECIFIC REQUIREMENTS FOR CERTAIN USES, if any and Article 23 for SITE PLAN REQUIREMENTS.]
7.2.1 Community boat launching ramps, docks and accessory facilities
7.2.2 Golf courses as regulated in the R1 District [See Articles 4.2.5 and 21.11]
7.2.3 Private recreational areas and facilities
7.2.4 Marinas
7.2.5 Restaurants without drive-through service, which are of an appearance and character consistent with permitted uses
7.2.6 Recreation camps or resorts
7.2.7 Utility and essential service structures when their operating requirements necessitate locating the facilities within the
district in order to serve the immediate vicinity (storage yards excluded). [Permit criteria include Article 21.10 regarding
screening fences]
7.2.8 Personal Wireless Services Telecommunications Towers and Facilities one hundred fifty feet (150’) or less in height,
self-supporting (lattice) or guyed [Permit criteria includes Article 21.46]
7.2.9 Churches
7.2.10 WTG Small: Permitted as an accessory use to an allowed Principal Use
7.2.11 Unlisted property uses if authorized under Article 21.44

***Permitted Use Subject to Special Conditions in the RR Zoning District
FINDINGS UNDER ARTICLE 20

ARTICLE 20 ACCESS MANAGEMENT REQUIREMENTS
SECTION 20.1 PURPOSE
The purpose of this section is to provide reasonable access to the property owner to all roads within Otsego County while
protecting the public health, welfare, safety and aesthetics of the County. All Land in a parcel having a single tax code
number or contiguous parcels owned by a person as of the effective date of this Ordinance shall meet the requirements of
this Ordinance. The intent of this ordinance is to provide standards, which will preserve the traffic capacity and enhance the
safety of the highway by regulating safe and reasonable access, though not always direct access, between public roadways
and adjacent land. Access controls provide for orderly growth and development. This in turn will protect the long-term
viability of existing and new businesses in addition to protecting property values of commercial and residential development
along the corridor. It is recognized that existing development may not be able to meet all of the standards contained in this
ordinance; Upon expansion or redevelopment, the standards’ contained herein shall be applied to the maximum extent
possible in conformance with the Otsego County Access Management Map.
The standards of this section are further intended to:
• Minimize traffic conflicts, in order to reduce the frequency of fatal injury and property damage crashes;
• Separate traffic conflict areas by reducing the number of direct access points,
• Provide efficient spacing and size standards between access points and between access points and intersections;
• Establish uniform access standards to ensure fair and equal application;
• Protect the substantial public investment in the roadway system by preserving capacity and avoiding the need for
unnecessary and costly reconstruction which disrupts business;
• Require coordinated access among several landowners;
• Ensure reasonable access to properties, though the access may not always be direct access;

74

Exhibit 13

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

• Coordinate local management decisions on development proposals with access permit decisions by the Michigan
Department of Transportation (MDOT) and the Otsego County Road Commission, (OCRC).
SECTION 20.2 LOCATION AND SPACING
20.2.1 In order to minimize left turn conflicts, new access points shall be aligned with those across the roadway where
possible. If alignment is not possible, access points shall be offset a minimum of two hundred fifty-five feet (255’) from
those on the opposite side of the roadway, measured centerline of access point to centerline of access point. Longer
offsets may be required by the Michigan Department of Transportation (MDOT) in accordance with the MDOT Access
Management Guidebook.
20.2.2 Where spacing requirements cannot be met for parcels, lots, or building sites having frontage or access on more than
one roadway, access shall be provided from the lesser traveled roadway.
20.2.3 In the case of expansion, alteration, change of use or redesign of an existing development where existing access
points do not comply with the guidelines set forth herein, the closing, relocation, or redesign of the access point may he
required.
SECTION 20.3 SIGHT DISTANCE
Minimum intersection sight distance shall be ten (10) times the vehicular speed of the road or as per current MDOT and
OCRC standards
SECTION 20.4 ACCESS
All developments shall have reasonable access to a public roadway. Access onto any roadway shall be permitted only upon
issuance of an access permit by the MDOT or OCRC in compliance with the site review planning process.
20.4.1 Shared driveways, cross access driveways, interconnected parking, and private roads constructed to provide access
to properties internal to a subdivision shall be recorded as an easement and shall constitute a covenant running with
the land; Operating and maintenance agreements for these facilities shall be recorded with the deed.
SECTION 20.5 PUBLIC ROAD STANDARDS
20.5.1 All roads proposed to be of public ownership shall conform to MDOT and/or OCRC road standards
20.5.2 All proposed curve radii shall be designed to MDOT and/or OCRC road standards for truck turning requirements.
SECTION 20.6 PRIVATE ROAD STANDARDS
20.6.1 Private roads shall be designed with sufficient width to adequately support emergency vehicle access and turnaround
requirements. Approval of the road’s design by Otsego County EMS, Otsego County Sheriff’s Department, and primary
responding Fire Department shall be provided.
20.6.2 All private road cross-sections and profiles shall be designed to adequately drain and prevent soil erosion as approved
by the Soil Erosion and Conservation District.
20.6.3 Private road signage shall be consistent with OCRC requirements.
20.6.4 Private roads serving three or more parcels shall have a road operation/maintenance agreement in place which
provides stipulations for the perpetual maintenance of the road. The maintenance agreement shall be recorded with the
Otsego County Register of Deeds and shall run with all parcels served by the private road.
20.6.5 If it is intended for the road to become a public road at a later date, the road shall be designed to conform to MDOT
and/or OCRC road standards.
20.6.6 Private roads in existence on or before May 12, 2020 shall not be required to be brought into compliance with Section
20.6.

***Access Requirements: Existing access – Nicklaus Dr and Shawnee Trl are Private Roads governed by the
Wilderness Valley Property Owners Association – Mt Frederick Rd is maintained by Otsego County Road
Commission – Roads within the facility are Private Roads maintained by the property owner

75

Exhibit 13

Otsego County Planning Commission
FINDINGS UNDER SECTION 21.10

Proposed Minutes for April 20, 2026

SECTION 21.10 FENCES

Amended 7.10.2018
Amended 12.20.2022

21.10.1 Permit Required
A Fence Permit shall not be required when all applicable sections and regulations of this ordinance have been met.
21.10.2 Fence Regulations:
21.10.2.1 A fence in the Front Yard shall not exceed a height of 3.5 feet and be of a see-through design and material that
does not obscure the vision of drivers of vehicles at any driveway entrance or exit, street intersection or other
pedestrian property access point
21.10.2.2 A fence along any side lot line may extend to the front property line except that it shall not exceed a height of
3.5 feet from the front property line back 25 feet and shall be of a see-through design and material that does not
obscure the vision of drivers of vehicles at any driveway entrance or exit, street intersection or other pedestrian or
vehicle property access point.
21.10.2.3 A fence in the Side and Rear Yards cannot exceed a height of 7.0 feet except as noted in Section 21.10.2.2.
21.10.2.4 A fence may be located at or along an adjoining property line. Adequate space shall be allotted to permit
access for maintenance without trespass.
21.10.2.5 A fence surrounding a garden area cannot exceed a height of 8.0 feet and must be located no closer than 5.0
feet from any property line. A garden fence shall be of a see-through design and material that does not obscure one’s
vision.
21.10.2.6 A fence in any platted subdivision, residential development or residential zoning district shall not contain
single wire, barbed wire or be electrified.
21.10.2.7 A fence must be structurally sound and kept in good repair. There should be no evidence of deterioration,
damaged or collapsing pieces.
21.10.2.8 Fencing Materials permitted:
a. Fences may be constructed with approved fence wire, standard fence wood, vinyl, metal such as wrought iron,
brick, stone, masonry block, or other materials commercially designed for fence construction.
b. A fence may not be constructed with scrap lumber, chicken wire, wood pallets, or other unapproved materials
which are not commercially designed for fence or wall construction.
c. Snow fencing is a temporary type of porous fencing used to force windblown, drifting snow to accumulate in a
desired location rather than on roads, private drives and other property areas where drifts are not desirable. Snow
fencing includes the fencing material and also the posts to which the fencing material is attached. Snow fencing
should not be erected in such a manner as to cause snow to accumulate on neighboring properties or on any road or
highway. Snow fencing including posts may not be installed prior to October 15th and must be removed by May 31st.
21.10.2.9 Any fencing or wall with a single finished side shall be installed with the finished side facing the neighboring
property or the road right-of-way.
21.10.2.10 Comply with Section 21.10.3
21.10.3 Fences-Maximum Heights:
Fences designed to enclose property in any district shall be subject to the following table of regulations:
Yards
Height
Front of site, parallel with the principal roadway
3.5 ft.
Rear
7.0 ft.
Side
7.0 ft.
Side with front yard setbacks of 25 ft.
3.5 ft.
Garden Area in side and rear yard
8.0 ft.
Game Preserves
Special Use Permit Required
Junk Yard
8.0 ft.
Recycling Facility
8.0 ft.

***Fencing: Eight-foot (8’) Fence Approved for Reindeer Enclosure – Five-foot (5’) Fencing installed along
perimeter of property – Fencing must meet the requirements of Section 21.10

76

Exhibit 13

Otsego County Planning Commission
FINDINGS UNDER SECTION 21.18

Proposed Minutes for April 20, 2026

SECTION 21.18 LANDSCAPING
Amended 5.12.2020

21.18.1 Purpose
The purpose of this section is: to protect and enhance property values, economic welfare and community attractiveness; to
provide beneficial climatic impacts by cleaning the air and providing shade; to protect health, safety and welfare by reducing
air and water borne pollutants, flooding and noise; to mitigate adverse effects of sighting different uses near one another
through buffering; to facilitate preservation of existing valuable trees and other vegetative cover; to provide wildlife habitat
and environmental standards within developed areas; to protect privacy.
21.18.2 General Performance Standards
This, Section 21.18 Landscaping, requirements shall not apply to single family residences located on individual lots. The
Section shall apply to residential plats and site condominiums.
All areas not covered by buildings, parking or other structures shall be treated with landscape materials including street trees,
shrubs and groundcovers consistent with these provisions. The selected combination of plant materials shall be a
harmonious combination of deciduous and evergreen trees, shrubs, vines and/or ground covers so arranged to present an
aesthetically pleasing whole.
21.18.2.1 Landscape Materials:
All landscape materials planted pursuant to the provisions of this section shall be healthy and compatible with the local
climate, site soil characteristics, drainage, and available water supply.
Trees and shrubs should be at least, at the time of planting, the sizes as outlined in this section and shall be consistent
with the current American Standard for Nursery Stock as set forth from time to time by the American Association of
Nurserymen.
Deciduous trees shall be not less than one and one-half inches (1 ½”) in diameter for single family residential uses and
two and one-half inches (2 ½”) in diameter for other uses.
Coniferous trees should be at least six feet (6’) in height. Shrubs shall be of a size generally known in the nursery
industry as requiring at least a five (5) gallon container.
All planting beds constructed pursuant to Sections 21.18.2, 21.18.5 and 21.18.6 shall be mulched with mulch cover at
least three inches(3”) deep to retain moisture around roots.
Trees shall be planted on the project sites so as to allow for their desired mature growth.
Access to or view of fire hydrants shall not be obstructed from any side.
Plantings shall be designed so as to not conflict with power lines or impede fire safety services.
21.18.2.2 Irrigation & Maintenance Performance Standards:
All uses with the exception of single family residential, which are landscaped with live plants, pursuant to this Section
shall be equipped with a watering system which will provide sufficient water to maintain plants in a healthy condition.
21.18.2.2.1 Whenever the landscaped area required by Sections 21.18.3, 21.18.5 and 21.18.6 is 2,000 sq. ft. or more
of living plants whether or not the plants are contiguous, the site shall have a permanent irrigation system capable
of meeting the typical watering requirements of all the plant materials on site.
21.18.2.2.2 Whenever there is less than 2,000 sq. ft. of landscaped area required by Sections 21.18.3, 21.18.5 and
21.18.6 on a site, there should be at least one reliable water source available during the growing season. The hose
bib or other water source shall be within fifty feet (50’) from a border of the plants.
21.18.2.2.3 All irrigation systems shall be maintained in good working condition.
21.18.2.2.4 Irrigation requirements may be adjusted in part or in whole by the Zoning Administrator for landscape
areas having established healthy plant material, or where irrigation is deemed unnecessary for plant health and
survival.
All plants required by this Section shall be maintained in a live and healthy state. Dead or unsalvageable unhealthy
plants shall be replaced with the size and type of plants required on the site development plan and by this Section.
Plant materials including grasses and herbaceous plants uses on berms, along road sides, etc. shall be routinely
maintained during growing seasons. When growing in close proximity to residential land uses, grasses and common
weeds shall be maintained at a height of ten inches (10”) or less.

77

Exhibit 13

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

All fences, walls and similar structures shall be maintained in good condition. Chipped paint, missing fence pieces,
leaning or fallen portions of a fence or other forms of deterioration shall immediately be replaced or repaired.
Replacement of plants may be delayed whenever the Zoning Administrator determines that extenuating circumstances
beyond the owner's control prevent the immediate replacement of the dead or unhealthy plants
within a time established by the Zoning Administrator. In any event, the dead or salvageable plants shall be replaced
within nine (9) months of the time the plants are clearly dead.
21.18.2.3 Existing Vegetation:
If there is no practical alternative in terms of sighting buildings and other development, trees and other plants may be
removed.
Significant shrubs, grasses and trees are to be preserved within areas not required for development.
Healthy, younger mature plants shall be preserved which would normally succeed older plants.
Natural vegetation shall be preserved within areas below an ordinary high-water mark of a lake, stream or other water
body.
Existing vegetation to be preserved shall be protected during construction with barriers as required and approved by the
Zoning Administrator.
The application of landscape standards within this Ordinance may be adjusted in part or in whole by the Zoning
Administrator to allow credit for established healthy plant material to be retained on or adjacent to the site if such an
adjustment is consistent with the intent of this Ordinance.
21.18.2.4 Berms constructed pursuant to Section 21.18.3 shall be constructed with slopes not to exceed one to three
(1:3) gradients with side slopes designed and planted to prevent erosion, and with a rounded surface a minimum of
two feet (2’) in width at the highest point of the berm, extending the length of the berm. Berm slopes shall be
protected with sod, seed, shrubs or other form of natural ground cover.
21.18.3 Buffer Yards:
Buffer yards shall be constructed to mitigate problems associated with traffic, noise, vibration, odor, glare, dust, smoke,
pollution, water vapor, conflicting land uses and density, height, mass, layout of adjacent uses, loss of privacy, unsightly
views and other potentially negative effects of development. Buffering may be achieved using landscape, building fences
and berm or a combination of the above techniques.
Buffer yards shall be located on the outer perimeter of a lot or parcel, extending to the lot or parcel boundary line. Buffer
yards shall not be located on any portion of an existing or dedicated public or Private Street or right-of-way.
Tables I and II shall be used to determine buffer yard dimensions and plant materials specifications. Table I is used to
determine the type of Buffer yard (A, B, C, D, E, EX, or NA) which will be required between districts or users. Once the
type of Buffer yard is obtained, Table II outlines the plant material specifications for alternative widths and specifications
and treatments (walls, berms, etc.) of buffer yard. Each property line should be analyzed independently to determine the
appropriate buffer yard required.
The buffer yard tables are to be considered minimum standards. Increased landscaping requirements may be imposed by the
Zoning Administrator or the Planning Commission if it is determined any of the following conditions exist:
The type of required buffer yard will not sufficiently mitigate noise, glare, fumes, smoke, dust or unsightly views within the
site.
The scale of the project in regard to mass and height indicates the need for a buffer yard developed specifically for the
project.
The proposed use is next to an existing sensitive use such as a school, church or residential area.
21.18.4 Roadside Greenbelt Buffers:
Unless as otherwise required by Section 21.18.3, required front yards shall be landscaped with a minimum of one (1) tree,
not less than one and one-half inches (1½”) in diameter for single family residential uses and two and one half (2½) inches in
diameter of other use, for each 1000 sq. ft., or major portion thereof, of front yard abutting a road right-of-way. The
remainder of the greenbelt shall be landscaped provided however, rock or other inorganic ground cover shall not exceed
twenty percent (20%) of the yard area.
Access ways from public rights-of-way through required landscaped strips shall be permitted, but such access ways shall not
be subtracted from the square foot dimension used to determine the minimum number of trees required.

78

Exhibit 13

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

21.18.5 Screening of Unsightly Areas:
Unsightly areas, including but not limited to outside storage areas, utility boxes and open areas where machinery or vehicles
are stored or repaired, shall be screened from public sidewalks, streets and other areas from which the property is visible.
Such screening shall not be located as to interfere with required maintenance activities of utility boxes.
Whenever plants are used as a screen, they should provide an effective opaque screen within three (3) years of the time they
are planted.
The materials and colors of the screen should blend with the site and the surroundings.
21.18.6 Parking Lot Screening:
Unless otherwise required by Section 21.18.3 or 21.18.4, a no-building buffer strip not less than ten feet (10’) wide shall be
required on the perimeter of all parking lots containing 2,700 sq. ft. or more of parking area where not adjacent to buildings.
Said buffer strip shall be used for landscaping, screening or drainage as required herein.
Landscaping design standards:
21.18.6.1 Any required planting strip shall be a minimum of ten feet (10’) in width.
21.18.6.2 One (1) street tree shall be planted adjacent to the public right-of-way for each twenty-four lineal feet (24’) of
frontage. [This requirement shall not duplicate the requirements of Sections 21.18.4 or 21.18.3.]
21.18.6.3 Where screens of non-living material are used, at least one (1) shrub or vine shall be planted on the right-ofway or property line side for each ten lineal feet (10’) of screen or fraction thereof.
21.18.6.4 Parking lots with more than two (2) parking aisles shall require landscaped areas of at least 10 sq. ft. of interior
landscaping for each parking space, interior being defined as the area within the perimeter of the paved surface.
21.18.6.4.1 Landscaped areas shall be a minimum of 75 sq. ft. with a minimum dimension of ten feet (10’). Interior
landscape areas shall be designed so as to cause minimum interference with snow removal. Each interior
landscape area shall include one (1) or more canopy trees based on the provision of one (1) tree per each 100 sq. ft.
of interior landscape area.

***Buffer Yard Requirements: Properties to north, south, east, and west are zoned RR – Buffer Yard not

required – Existing trees around most of property perimeter to remain – Farm Animal use should be taken
into consideration in residential zone – Existing landscape at entrance off Nicklaus Dr

79

Exhibit 13

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

Boundary
Zoning
District

M
U
Z

R-1

R-2

R-3

RR

FR

AR

B-1

B-2

B-3

M
A
I
N
S
T
R
E
E
T

M
U
Z
T
O
W
N
C
E
N
T
E
R

H
I
G
H
W
A
Y
I
N
T
E
R
C
H
A
N
G
E

I
I
N
D
U
S
T
R
I
A
L

Proposed
Development
Zoning District
R-1

N

R-2

B

N

R-3

C

B

N

RR

C

C

B

N

FR

C

C

B

B

N

AR

C

C

C

C

C

N

B-1

B

B

B

B

B

B

N

B-2

C

C

B

C

C

C

B

N

B-3

C

C

C

C

C

C

B

B

N

MUZ – MAIN STREET

A

A

A

B

C

C

A

A

B

N

MUZ – TOWN CENTER

A

A

A

B

C

C

A

A

C

A

N

C

C

C

C

C

C

B

B

B

B

C

N

E

E

E

E

D

D

D

C

C

E

E

C

HIGHWAY
INTERCHANGE
I - INDUSTRIAL

Key: N= No buffer yard required/See TABLE II

80

Exhibit 13

N

Otsego County Planning Commission
Proposed Minutes for April 20, 2026
TABLE II
STANDARD PLANT MATERIAL REQUIREMENTS
Plant Material Requirements
Type

Plant Material
Reductions with:
6’ Wall 3’ Berm

A

.50

.75

B

.50

.75

C

.65

.80

D

.75

.85

E

NA

NA

Vegetation Types

Buffer
Width

Canopy
Trees

Flowering Trees or
Large Shrubs

Shrubs

10’
15’ or
more

1

1

4

1

1

3

10’
15’ or
more

3

3

6

2

2

2

5

1

10’
15’
20’
25’
30’
35’
40’

4
3
2
3
3
3
3

3
2
2
2
2
2
2

19
15
15
15
15
15
15

4
3
1
1
2
2
3

15’
20’
25’
30’
35’
40’
45’

1
2
3
3
3
3
4

4
4
4
5
5
5
6

32
30
30
30
30
30
30

1
1
1
2
2
3
4

20’
25’
30’
35’
40’
45’ or
more

2
3
3
3
3

4
4
5
5
5

38
38
38
38
38

1
1
2
2
3

5

6

30

4

Evergreens &
Conifers

Minimum width of buffer with masonry wall = ten (10’) feet
ALL PLANT QUANTITIES ARE PER ONE HUNDRED (100) LINEAR FEET, less the distance required for vehicle
access to the property.

81
Exhibit 13

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

FINDINGS UNDER ARTICLE 21 /SECTION 21.19

SECTION 21.19 LIGHTING, OUTDOOR
Outdoor light fixtures are electrically powered illuminating devices, outdoor lighting or reflective surfaces, lamps and similar
devices, permanently installed or portable, used for illumination or advertisement. Such devices shall include search, spot
and flood lights for buildings and structures, recreation areas, parking lot lighting, landscape lighting, billboards and other
signs (advertising or other), street lighting, product display area lighting, building overhangs and open canopies.
All outdoor lighting fixtures including pole mounted or building mounted yard lights, dock lights, and shoreline lights other
than decorative residential lighting such as low-level lawn lights, shall be subject to the following regulations:
21.19.1 Lighting shall be designed and constructed in such a manner:
21.19.1.1 To ensure that direct or directly reflected light is confined to the area needing it and that it is not directed off the
property,
21.19.1.2 That all light sources and light lenses are shielded,
21.19.1.3 That any light sources or light lenses are not directly visible from beyond the boundary of the site,
21.19.1.4 That light from any illuminated source shall be so shaded, shielded, or directed that the light intensity or
brightness will not be objectionable to surrounding areas.
21.19.2 Lighting fixtures shall be a down-type having one hundred (100) percent cut off. The light rays may not be emitted
by the installed fixture at angles above the horizontal plane, as may be certified by photometric test. A United States flag,
Michigan flag or a flag of a veteran’s organization chartered by the United States Government shall be allowed to have
light illuminating them from below
21.19.3 There shall be no blinking, flashing, or fluttering lighting, including changes in light intensity, brightness or color,
except that lights may be controlled by a dimmer which can be periodically adjusted for conditions and signs as allowed
in 21.38.2.1. Beacon lights are not permitted except where required by law.
21.19.4 No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic
control devices.
21.19.5 Decorative lights during holiday seasons shall be allowed.
21.19.6 Modification of these outdoor lighting standards may be permitted by the Zoning Board of Appeals for temporary
uses of not more than ten (10) days per year, following these provisions as closely as possible.

***Lighting Requirements: Existing lighting – No additional Lighting proposed
FINDINGS UNDER SECTION 21.27
SECTION 21.27 PARKING
Amended 5.12.2020

There shall be provided in all districts at the time of erection or enlargement of any main building or structure or use,
automobile off-street parking space with adequate access to all spaces.
21.27.1 Off-street parking for other than residential uses shall be either on the same lot or within four hundred feet (400’) of
the building it is intended to serve, measured from the nearest point of the building to the nearest point of the off-street
parking lot.
21.27.2 Any area once designated as required off-street parking shall not be changed to any other use unless and until equal
facilities are provided elsewhere.
21.27.3 In the instance of dual function of off-street parking spaces where operating hours of uses do not overlap, the Zoning
Board of Appeals may grant an exception by reducing the total number of spaces required.
21.27.4 The storage of merchandise, motor vehicles for sale, trucks, or the repair of vehicles is prohibited on required offstreet parking lots.
21.27.5 Residential off-street parking spaces shall consist of a driveway, parking strip, parking bay, garage, carport, or
combination thereof.
21.27.6 The parking or storage of any commercial motor vehicle shall be prohibited in any R1, R2 or RR District, or in any
residential area with lots of 20,000 sq. ft. or less. [See definition of COMMERCIAL MOTOR VEHICLE.]
21.27.7 For the purpose of computing the number of parking spaces required, the definition of FLOOR AREA, USABLE
shall govern.

82
Exhibit 13

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

21.27.8 For those uses not specifically mentioned in the Off-street Parking Schedule, requirements for off-street parking
facilities shall be in accord with a use which the Board of Appeals considers as being similar in type.
21.27.9 Entrance drives to the property and off-street parking area shall be no less than twenty-five feet (25’) from a street
intersection (measured from the road right-of-way) or from the boundary of a different Zoning District. A greater distance
may be required by the Planning Commission if the lesser would cause a traffic issue.
21.27.10 Off-Street Parking Schedule
The minimum number of off-street parking spaces required by use shall be in accordance with the following schedule:

83
Exhibit 13

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

COMMERCIAL

PUBLIC AND QUASI PUBLIC

RESIDENTIAL

LAND USE

MINIMUM PARKING SPACES REQUIRED
PER UNIT OF MEASURE

Dwellings

2 per dwelling

Multiple-Family Dwelling

2 per dwelling

Elderly Housing

1 per 4

Rooming House, Fraternity, or Sorority

1 per 2 occupants at maximum capacity

Trailer Court

2 per unit

Church or Temple
Hospital
Nursing Home
Elementary, Middle School or Junior High

1 per 3 seats
1.5 per bed
1 per 4 beds
1 per teacher, employee, and administrator, plus the requirements for auditoriums or gyms
1 per teacher, employee, and administrator, plus 1 for each 10 pupils or the requirements for any
auditorium or stadium, whichever is greater
1 per teacher, employee and administrator on the largest shift, plus 1 per each 2 students not residing
on campus
1 per 4 members, or 1 per 150 sq. ft. of usable floor area, whichever is greater
1 per 4-member families, plus 1 per employee, plus restaurant or bar parking requirements
4 per green or golf hole plus one (1) per employee
3 per hole or green
4 spaces per court, plus 1 per employee
1 per 3 seats
1 per 4 seats
1 per 200 sq. ft. of usable floor area
5 per wash stall plus 1 per employee
1 for each 2 employees
1 per employee
1 per employee plus 1 per service chair
1 per 3 persons at maximum capacity
1 per employee plus drive-in stalls and/or lanes to serve patrons
1 per 200 sq. ft. of usable floor area
1 per 50 sq. ft. of waiting room plus 1 per service chair
1 per 200 sq. ft.
2 per game table
5 per lane

Senior High School
Colleges, University Centers, and Tech Schools
Membership Clubs
Golf, or Swim Club
Public Golf Course
Par 3 and/or Mini Golf
Racquet Club or Tennis House
Sport Arena, Gym, or Stadium
Theater or Auditorium
Planned Shopping Center
Auto Wash Automatic
Auto Wash Automatic-Drive-in
Auto Wash Self Service
Barber or Beauty Shop
Dance Hall, Rink, Assembly Building (no fixed seats)
Drive-in Business
Banks
Doctor or Dentist Office
Business Office
Billiard Hall
Bowling Alley

84

Exhibit 13

Otsego County Planning Commission

COMMERCIAL CONTINUED

Proposed Minutes for April 20, 2026
LAND USE
Taverns
Restaurants
Drive-up or Drive-through Uses-Restaurant, Banks, Drug
Pick-up, Laundries, Payment Windows
or other Drive-up Service Windows
Furniture, Appliances, Plumbers, Electricians, and Minor
Repair Services
Vehicle Service Station
Gasoline Convenience Store
Laundromat
Funeral Home/Mortuary
Motels, Hotels, Motor Inns, Cabin Courts, Bed &
Breakfast Facilities and Tourist Lodging Facilities
Vehicle Sales
Retail Groceries
Other Retail Stores
Self-Storage Rental Units
Personal Service Establishments
Museums

In addition to the required parking for the principal use, the Drive-through facilities requirement in
Article 18 shall be followed
1 per 800 sq. ft. of usable floor area

Rifle or Pistol Range
Manufacturing Shop
Industrial Office or Research
Warehouse and Wholesale
Industrial Laundries

2 per service stall, plus 1 per employee
1 per 300 sq. ft. of usable floor area
1 per 3 machines for washing
1 per 200 sq. ft. of usable floor area
1 per 150 sq. ft. of usable floor area, the Planning
Commission may reduce up to half if they reserve land for open space
1 per 200 sq. ft. of showroom usable floor area
1 per 150 sq. ft. of usable floor area
1 per 150 sq. ft. of usable floor area
1 per 10 units
1 per 100 sq. ft. usable floor area not otherwise specified
1 per 150 sq. ft. of usable floor area
1 per 200 sq. ft. of usable floor area in addition to a loading and unloading area; and a vehicle
turnaround and drop-off area
2 per range plus 1 per employee
5 plus 1 per employee
1 ½ per employee
1 per employee, plus 1 per 200 sq. ft. of any office space
5 plus 1 per employee

Medical Laboratories

1 per 50 sq. ft. of waiting room plus 1 per employee

Rental Shops

INDUSTRIA
L

PER UNIT OF MEASURE
1 per 100 sq. ft. of usable floor area
1 per 3 persons at maximum seating capacity

NOTES:
I. Sq. ft. refers to square feet of usable floor area unless otherwise noted.
J. 1 unit per measure shall be interpreted to mean 1 per each unit, as 1 per "each" three (3) persons.
K. Space requirements are cumulative; hence, a country club may require parking for the golf use as well as restaurant or bar use.
L. Employees, refers to all permanent staff and part time equivalents in the largest working shift. Maximum capacity is the maximum occupancy permitted by
applicable building, fire, or health codes.

85

Exhibit 13

Otsego County Planning Commission
Proposed Minutes for April 20, 2026
21.27.11 Parking Area Design Standards
21.27.11.1 The layout of off-street parking facilities shall be in accord with the following minimum requirements:
Parking
Maneuvering
Parking
Parking
Pattern
Lane width
Space width
Space length
Parallel
12ft
8ft
23ft
30-53˚
12ft
9ft
20ft
54-74˚
15ft
9ft
20ft
75-90˚
20ft
9ft
20ft
21.27.1.2 All spaces shall be provided access by maneuvering lanes. Backing directly onto a street shall be prohibited.
Adequate ingress and egress to a parking lot by means of clearly defined drives shall be provided for all vehicles. Ingress
and egress to a parking lot lying in an area zoned for other than residential use shall not be across land zoned for
residential use.
21.27.11.3 Each entrance and exit to and from any off-street parking lot located in an area zoned for other than residential
use shall be at least twenty-five feet (25’) from adjacent property located in any residential district.
21.27.11.4 Buffer yards shall be required per standards set by Section 21.18. A buffer yard without buildings shall be
required not less than ten feet (10’) wide on the perimeter of all parking lots. Said buffer yard shall be uses for
landscaping, screening and/or drainage as required by this ordinance.
21.27.11.5 All parking areas containing 2700 sq. ft. or more shall provide snow storage area. Snow storage shall be provided
on the ratio of 10 sq. ft. per 100 sq. ft. of parking area.
Parking area is calculated at 270 sq. ft. per parking space. Snow storage areas shall be located in such a manner that they
do not interfere with the clear visibility of traffic on adjacent streets and driveways.
21.27.11.6 Parking areas shall be designed to facilitate interconnection of parking lots.
Shared parking is encouraged. Shared parking shall be permitted a reduction in required parking spaces if peak parking
demand periods at interconnected developments do not occur at the same time.
21.27.12 Federal and State requirements regarding handicapped parking and access shall apply.
21.27.13 Where the property owner can demonstrate that the required amount of parking is excessive, the Zoning Administrator
or Planning Commission may approve a smaller parking area, provided that the area of sufficient size to meet parking space
requirements of this article is retained and the owner agrees to construct the additional parking at the direction of the Zoning
Administrator or Planning Commission. The choice to pursue approval through either the Zoning Administrator and/or
Planning Commission shall be at the discretion of the applicant. If the applicant disagrees with the interpretation made by the
Zoning Administrator, the decision may be deferred to the Planning Commission.
21.27.14 Parking lot cross-connections shall be used in addition to frontage roads or shared driveways, when in the opinion of
the Planning Commission, cross-connections do not hinder traffic.
21.27.15 All parking in the Highway Interchange Commercial District shall be in the rear or side yard.

***Parking Requirements: One hundred three (103) Parking Spaces available including two (2) Handicap

Accessible – Additional non-impervious parking available – Parking along Nicklaus Dr shall not be permitted
FINDINGS UNDER SECTION 21
SECTION 21.38 SIGNS AND BILLBOARDS
Amended 3.29.2018

INTENT:
The sign standards contained in this Ordinance are declared to be necessary to protect the general health, safety, and welfare of
the citizens of Otsego County.
It is the intent of this regulation to insure a degree of standardization in signage throughout the county, to insure the safety of
pedestrians and motorists who must drive or otherwise negotiate installed signage and motorists who depend on the visibility of
a sign’s message to safely arrive at an intended destination. Standardization will preserve the aesthetics, appearance and
functionality of all installed signage.
Any publicly displayed sign, symbol or notice on premises to indicate the name of the occupant, to advertise the business there
transacted, or directing to some other locale, shall be regulated as follows, and shall require permits in accordance with the terms

86
Exhibit 13

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

of the County Building Code:
Sign plans shall be reviewed for approval, conditional approval or rejection by the Zoning Administrator. For disagreements
with the rulings of the Zoning Administrator, the applicant may appeal to the Zoning Board of Appeals, who in such instances
has final authority on the sign plan.
The standards in this Article are determined to be the minimum necessary to achieve the above stated purposes. Compliance
with this Section does not relieve the applicant from the responsibility of compliance with other local, state or federal sign
regulations, nor does the issuance of a Sign Permit grant permission to the applicant to place signs on any property, including
road rights-of-way, other than property owned or otherwise legally under the control of the applicant. The issuance of a Sign
Permit only assures the applicant that the sign meets the requirements of the County Zoning Ordinance.
21.38.1 Signs Authorized and Requiring a Permit
All applications for a Sign Permit shall first be submitted to the Zoning Administrator. Before any permit is granted for the
erection of a sign or sign structure requiring such permit, construction documents shall be filed with the Zoning Administrator
showing the dimensions, materials and required details of construction, including loads, stresses, anchorage and any other
pertinent data. The permit application shall be accompanied by the written consent of the owner or lessee of the premises upon
which the sign is to be erected and by engineering calculations signed by a registered design professional. The Zoning
Administrator may issue such permits when all applicable provisions of this Ordinance have been met.
21.38.1.1 Accessory Signs
21.38.1.1.1 Districts: R1, R2, R3, RR
Number Allowed:
One (1)
Maximum Height:
Eight feet (8’)
Measured:
From the average grade at the base of the sign to the top of the sign support.
Maximum Size:
15 sq. ft.
21.38.1.1.2 Districts: AR, FR
Number Allowed:
One (1)
Maximum Height:
Eight feet (8’)
Measured:
From the average grade at the base of the sign to the top of the sign support.
Maximum Size:
32 sq. ft.
21.38.1.1.3 Districts: B1, B2, B3, HX, I
Number Allowed:
Two (2) with the following four (4) regulations:
Regulation 1:
One (1) sign shall be affixed to or be within two feet (2’) of and be parallel with the wall of the main
building.
Maximum Size:
Signs mounted on and parallel with the wall of the main building shall not exceed a total surface area
of fifteen percent (15%) of the mounting wall. If a premise contains walls facing more than one
property line or encompasses property frontage bounded by more than one street or other property
usages, the sign area(s) for each building wall or property frontage will be computed separately for
each building wall or property line facing a different frontage. The sign area(s) thus calculated shall
be permitted to then be applied to permitted signs placed on each separate wall or property line
frontage.
Regulation 2:
One (1) sign may be a freestanding sign.
Maximum Height:
Twelve feet (12’)
Maximum Size:
56 sq. ft. and length shall not be longer than three (3) times its width.
Regulation 3:
One (1) sign may be a pylon sign.
Maximum Height:
Thirty-five feet (35’)
Maximum Size:
Sign Specifications must be prepared by a design professional and must comply with any Airport
Zoning Ordinance and the Tall Structures Act.
Pylon Signs approved and installed before the date of this ordinance change shall be allowed
provided they exhibit structural integrity, are safe and well maintained.
Regulation 4:
All businesses may display window signs in ground level windows in addition to any wall signs.
Window signs shall not cover more than twenty percent (20%) of the total window area. Where
multiple windows are installed, signage may not be aggregated to cover any window one hundred
percent (100%) restricting all visibility from the interior and exterior. Signage may cover no more
than fifty percent (50%) of the window on the horizontal and vertical dimension. Total coverage for
multiple window panels will not change.

87
Exhibit 13

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

21.38.1.1.4
Signs for shopping centers or other commercial developments with two (2) or more units developed as offices, office service
units, research facilities, manufacturing facilities, retail spaces with multiple stores, commercial PUD’s, large retail stores
with a building area over 100,000 sq. ft. or other commercial developments requiring Special Use Approval and which have
a common off street parking and a common entrance or entrances may install accessory signs in accordance with the
following six (6) regulations:
Regulation 1: Signs which direct traffic movement within a property and which do not exceed 4 sq. ft. in area for each sign
are permitted.
Regulation 2: One (1) free-standing identification sign for each street that the development faces.
a. The freestanding sign shall state only the name of the shopping center or multiple use development and
tenants located therein.
b. No freestanding sign face shall exceed an area of 100 sq. ft.
c. Freestanding signs shall not exceed a height of thirty feet (30’) measured from the average grade at the
base of the sign to the top of the horizontal sign frame supporting the sign face.
d. Tenants of the shopping center or the owner of outlets included with the development plan or PUD shall
not be permitted individual freestanding signs, except gas stations as noted below:
Regulation 3: Businesses within the development or PUD shall be permitted exterior wall signs; the total area of the
exterior wall signs shall not exceed twenty percent (20%) of the area of the signage wall.
Regulation 4: All businesses may display window signs in ground level windows in addition to any wall signs. Window
signs shall not cover more than twenty percent (20%) of the total window area. Where multiple windows
are installed, signage may not be aggregated to cover any window one hundred percent (100%) restricting
all visibility from the interior and exterior. Signage may cover no more than fifty percent (50%) of the
window on the horizontal or vertical dimension.
Regulation 5: An automobile service station located on an outlet or an individual lot within the development or PUD may
have 1 freestanding sign in addition to the freestanding sign utilized for the development. The freestanding
sign shall be for the purpose of advertising gasoline prices and other services provided on the premises. The
service station sign shall comply with the regulations for a single business on its own lot as noted in Section
21.38.1.1.3 above.
Regulation 6: Signs proposed for installation along MDOT regulated highways designed to advertise a specific business
location must be permitted in accordance with current MDOT Regulation 225. A specific time requirement
for the developed site is required and is usually two (2) years. A business sign is a sign designed to
advertise a particular business location rather than being used for general outdoor advertising not necessarily
specific to a particular business.
Billboards or signage also referred to as outdoor advertising or outdoor highway advertising are permitted and controlled by
MDOT under sections of MDOT Regulation 225. A valid permit and sign approval is required prior to construction of a
billboard designed for general outdoor advertising.
21.38.2 Non-Accessory Signs and Billboards
21.38.2.1
Billboards, poster boards and non-accessory signs may be permitted in B2, B3 and I Districts provided the area of the sign
does not exceed an area of 200 sq. ft. in B2 and B3 Districts and 300 sq. ft. in I Districts. A non-accessory sign or billboard
shall not measure longer than three (3) times its width.
Signs that come under the jurisdiction of P.A. 106 of 1972 are under the jurisdiction of the Township, if the Township has
adopted a sign ordinance.
21.38.3 Sign Lighting [Also See Section 21.19 Lighting Outdoor]
21.38.3.1
Signs internally illuminated or with a light emanating surface are allowed only in the RR, FR, AR, B1, B2, B3, I, HX, MUZMain Street and MUZ-Town Center Districts provided they meet the other requirements of this ordinance and are set back a
minimum of ten feet (10’) from all road right-of-ways and seventy-five feet (75’) from any other property line.
Signs internally illuminated or if sign has a light emanating surface. All light sources and reflecting surfaces immediately
adjacent to the light source shall be shielded from view. Sign luminance level, beginning one (1) hour after sunrise and
continuing until one (1) hour before sunset, shall not exceed (10278 Lumens) (685W Incandescent light bulb) (114W
Florescent/LED) per square meter, or does not exceed (342 Lumens) (25W Incandescent light bulb)(6.23W Florescent/LED)

88
Exhibit 13

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

per square meter at all other times.
Signs that are externally illuminated shall have the light mounted on top of the sign, shall be directed downward onto the
sign and shall be shielded so as to prevent rays of light from being directed such that reflected luminance does not exceed
(342 Lumens) (25W Incandescent light bulb)(6.23W Florescent/LED) per square meter.
21.38.4 Signs Prohibited
21.38.4.1 No signs or sign structure shall be erected at the intersection of any street in such a manner as to obstruct free and
clear vision, or at any location where by its position, shape or color it may interfere with or obstruct the view of or be
confused with any authorized traffic sign, signal or device
21.38.4.2 No signs shall be attached to any utility pole, light standard, street tree or any other public facility located within
the public right-of-way.
21.38.4.3 No signs which blink, flash, or are animated by lighting in any fashion that would cause such signs to have the
appearance of traffic safety signs and lights, or municipal vehicle warnings from a distance.
21.38.4.4 No signs containing flashing, intermittent or moving lights. (A sign with messages or images accomplished by
instantaneous re-pixilation not more often than one (1) time in sixty (60) seconds shall not be considered flashing,
intermittent or moving and shall be allowed.)
21.38.4.5 No signs with moving or revolving parts.
21.38.4.6 No signs attached to, or placed on, a vehicle or trailer parked on public or private property, except for signs
meeting the following three (3) regulations:
Regulation 1: The primary purpose of such a vehicle or trailer is not the display of signs.
Regulation 2: The signs are magnetic, decals or painted upon an integral part of the vehicle or equipment as originally
designed by the manufacturer, and does not break the silhouette of the vehicle.
Regulation 3: The vehicle or trailer is in operating condition, currently registered and licensed to operate on public streets
where applicable, and actively used or available for use in the daily function of the business to which such
signs relate.
21.38.4.7 Vehicles and trailers are not to be used primarily as static displays, advertising a product or service, nor utilized as
storage, shelter or distribution points for commercial products or services for the general-public.
21.38.4.8 A sign that no longer advertises or identifies a use conducted on the property on which said sign is erected must
have the sign covered or removed within fourteen (14) days after written notification from the Zoning Administrator.
21.38.5 Signs Authorized and Not Requiring a Permit
21.38.5.1 Official notices, authorized by a court, public body or public safety official
21.38.5.2 Directional, warning or information signs authorized by federal, state or municipal governments
21.38.5.3 Memorial plaques, building identification signs and building cornerstones where cut or carved into a masonry
surface or where made of noncombustible material and made an integral part of the building or structure.
21.38.5.4 The flag of a government or noncommercial institution, such as a school.
21.38.5.5 Religious symbols and seasonal decorations within the appropriate public holiday season
21.38.5.6 Works of fine art displayed in conjunction with a commercial enterprise where the enterprise does not receive
direct commercial gain
21.38.5.7 Street address signs and combination nameplate and street address signs that contain no advertising copy and
which do not exceed 6 sq. ft. in area
21.38.5.8 The changing or maintenance or components of an approved existing sign that is designed for such changes, or the
changing of copy, business names, lettering, sign faces, colors, display and/or graphic matter, or the content of any sign
shall not be deemed a structural alteration.
21.38.5.9 Bulletin Boards that do not exceed 15 sq. ft. for churches, public and semi-public institutions and/or school
21.38.5.10 Temporary signs not exceeding 10 sq. ft. advertising a premise being for rent, for lease and/or for sale in any
district All such signs shall be removed within fourteen (14) days of the consummated lease or sale of the premises.
21.38.5.11 Accessory directional signs affixed to the building and not exceeding 2 sq. ft., such as but not necessarily limited
to: Boiler Room, Entrance, Exit, Garage, Loading Dock, Low Clearance, Office, Service, Warehouse and the like.
21.38.5.12 Maximum of two (2) accessory properties directional signs each not to exceed 2 sq. ft. identifying or directing to
the following: Entrance, Exit, No Parking, Visitors Parking, Other Traffic Flow Directions, and similar Functional Signs
21.38.5.13 Temporary advertising banners that are flexible (made of canvas, plastic composite etc.) meant to be attached to a
fixed commercial building structure which is currently occupied. All banners may not exceed 32 sq. ft. and must be

89

Exhibit 13

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

maintained in good condition while displayed.
21.38.5.14 Political signs shall be permitted in all zoning districts with the following three (3) regulations:
Regulation 1: Such signs shall follow the Accessory Signs restrictions as it relates to each individual Zoning District.
Regulation 2: Such signs for election candidate or ballot propositions shall be displayed only for a period of sixty (60) days
preceding the election and shall be removed within ten (10) days after the election, provided that signs
promoting successful candidates or ballot propositions in a primary election may remain displayed until not
more than ten (10) days after the general election.
Regulation 3: Such signs shall not be placed in any public right-of-way or obstruct traffic visibility.
21.38.6 Placement of Signs and Setbacks
21.38.6.1 Signs in Rights-of-Way
No sign other than an official traffic sign shall be erected within any public right-of-way unless specifically authorized by
other ordinances or regulations of this jurisdiction or by specific authorization of the code official.
21.38.6.2 Sign and Setbacks
Signs in any zoning district must be placed at least two feet (2’) back from any right of way and any lot line.
21.38.7 Off-Premises Directory Sign – Private
21.38.7.1
Where a business use or tourist service facility is not located directly on a major tourist route but is dependent upon passerby
traffic for support, one (1) off-premises directory sign located on a county-maintained road may be permitted in business or
non-business districts, on each road or link or segment of road that affords access to the use but entails a major change in the
direction of travel.
Off-premises Directory signs shall not exceed an area of 15 sq. ft. Community directional signs serving more than one (1)
use may be permitted to a maximum size of 32 sq. ft.
21.38.8 Approval Authority
21.38.8.1
The Zoning Administrator shall review and act upon site plans except where a Special Use Permit is required. Site Plans for
a Special Use Permit shall be forwarded by the Zoning Administrator to the Planning Commission for review and action. In
addition, at the request of the Zoning Administrator or Planning Commission, a site plan for a Principal Permitted Use may
be submitted for Planning Commission review before final action by the Zoning Administrator. The Zoning Administrator
and Planning Commission have the authority to approve, deny or grant conditional approval for any site plan submitted
under the provisions of this ordinance. The Zoning Administrator may hold or the Planning Commission may table a site
plan, pending further information or addition, reasonably needed to complete a site plan or comply with requirements of this
Ordinance.

***Signage Requirement: Non-Use Variance Approved for Existing Signage on Mt Frederick Rd – Permit
required for any Additional Signage
FINDINGS UNDER SECTION 21.40

SECTION 21.40 SOIL EROSION AND SEDIMENTATION CONTROL, STORM WATER MANAGEMENT
No zoning permit shall be issued until any required Soil Erosion and Sedimentation Control permits and/or Storm Water
Management permits have been obtained.

***Storm Water Requirements: Soil Erosion Permit not required
FINDINGS UNDER SECTION 21.42

SECTION 21.42 TRASH RECEPTACLES/DUMPSTERS
21.42.1 Residential Trash Receptacles shall be placed at curbside no earlier than twenty-four (24) hours from the scheduled
pick-up day. Any trash receptacle placed at curb side shall be removed from curb side no later than twenty-four (24) hours
after the scheduled pick-up day.
21.42.2 Commercial Trash Receptacles / Dumpsters may be placed upon a parcel of land in such a manner to facilitate loading
and unloading. They may be placed no closer than ten (10) feet to any adjoining property. All Trash Receptacles shall be
properly maintained with working lids and the lids shall be maintained in a closed position.

90
Exhibit 13

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

21.42.2.1 During the site plan review process the Planning Commission or Zoning Administrator may require
Commercial Businesses abutting land zoned Residential (R1, R2, R3, RR) or existing residential development in
other zoning districts (HX) to maintain a greater setback than ten (10) feet but in no case shall the required
setback be greater than twenty-five (25) feet.
21.42.3 Temporary Commercial Construction Dumpsters are exempt from these regulations.
21.42.4 Trash Receptacles / Dumpsters meeting the requirements of Sections 21.42.1, 21.42.2 & 21.42.3 shall not be considered unsightly
areas as covered in Section 21.18.5.

***Trash Receptacles: Three-yard Dumpster and Recycling Container provided on site
FINDINGS UNDER SECTION 21.43

SECTION 21.43 UNDERGROUND UTILITY WIRES
Within the area of a plat or site plan, all distribution lines for electric, communications or similar associated services shall be
placed underground. Those electric and communication facilities placed in dedicated public ways shall be installed so as not to
conflict with other underground utilities. All communication and electric facilities shall be constructed in accordance with
standards of construction approved by the Michigan Public Service Commission. All underground utility installations which
traverse privately-owned property shall be protected by easements granted by the owner of such property.
The Planning Commission may, by resolution, waive or modify any of the above requirements for underground line installations
with respect to a particular plat or site plan when the strict application of the above requirements would result in unnecessary
hardship. Prior to any such waiver or modification, a public hearing regarding the proposal shall be held by the Planning
Commission.

***Underground Utilities: Existing Utilities
FINDINGS UNDER ARTICLE 23

ARTICLE 23 SITE PLAN REVIEW
Amended 9.12.2017

Site Plan Review and approval of all development proposals listed below is required by the provisions of this Article. The intent
of this Article is to provide for consultation and cooperation between the land developer and the Zoning Administrator so that
beneficial utilization of the land is achieved at the same time that adverse effects upon the surrounding land uses are minimized
consistent with the requirements and purposes of this Ordinance. Through the application of the following provisions, the
attainment of the Comprehensive Plan of Otsego County will be assured and its communities will develop in an orderly fashion.
SECTION 23.1 SITE PLAN REVIEW REQUIRED
Site Plan Review is required for the following uses:
23.1.1 Any use or development for which the submission of a site plan is required by any provision of this Ordinance.
23.1.2 Any development for which off-street parking areas in excess of five (5) spaces are provided as required in this
Ordinance.
Any use in a B1, B2, B3 and Industrial zone.
Any Special Land Use [See Article 19]
(Note: An application for a zoning permit for a land use not requiring Site Plan Review shall contain a Plot Plan as outlined in
Article 25.3.3.)
SECTION 23.2 APPLICATIONS FOR SITE PLAN REVIEW
An application for site plan review shall be obtained from the Zoning Administrator. The completed application and site plan
shall be submitted to the Zoning Administrator along with fifteen (15) copies of each for distribution. The application, site plan
and copies shall be submitted at least thirty (30) days prior to the next regularly scheduled meeting of the Planning Commission,
in order to have the site plan review scheduled for that meeting. The applicant shall also meet requirements of Article 27
Township Participation in County Zoning. The application for site plan review and the site plan shall contain the following
information:
23.2.1 The application shall, at a minimum, include the following information:
23.2.1.1 The applicant's name, address and phone number in full
23.2.1.2 Proof of property ownership and whether there are any options on the property or any liens against it
23.2.1.3 A signed statement that the applicant is the owner of the property or officially acting on the owner's behalf

91
Exhibit 13

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

23.2.1.4 The name and address of the owner(s) of record if the applicant is not the owner of record (or firm or corporation
having a legal or equitable interest in the land), and the signature of the owner(s)
23.2.1.5 The address and or parcel number of the property
23.2.1.6 Name and address of the developer (if different from the applicant)
23.2.1.7 Name and address of the engineer, architect and/or land surveyor
23.2.1.8 Project title
23.2.1.9 Project description, including the total number of structures, units, bedrooms, offices, square feet, total and usable
floor area, parking spaces, carports or garages, employees by shift, amount of recreation and open space, type of
recreation facilities to be provided and related information as pertinent or otherwise required by the ordinance
23.2.1.10 A vicinity map drawn to with North point indicated
23.2.1.11 The gross and net acreage of all parcels in the project
23.2.1.12 Land uses, zoning classification and existing structures on the subject parcel and adjoining parcels
23.2.1.13 Project completion schedule/development phases
23.2.2 The site plan shall consist of an accurate, reproducible drawing at a scale of 1"= 50 or fewer feet or less for sites of less
than three (3) acres and 1"= 100 or fewer feet or less if the site is larger than three (3) acres. The site plan shall show the site
and all land within fifty feet (50’) of the site. If multiple sheets are used, each shall be labeled and the preparer identified.
All site plans shall be sealed by a professional engineer, surveyor, architect or landscape architect and each site plan shall
depict the following:
23.2.2.1 Location of proposed and/or existing property lines, dimensions, legal descriptions, setback lines, monument
locations and shoreland and natural river district, if any
23.2.2.2 Existing topographic elevations and proposed grades in sufficient detail to determine direction of drainage flows
23.2.2.3 The type of existing soils at proposed storm water detention and retention basins and/or other areas of concern Boring logs may be required if necessary to determine site suitability.
23.2.2.4 Location and type of significant existing vegetation
23.2.2.5 Location and elevations of existing water courses and water bodies, including county drains and man-made surface
drainage ways, flood plains and wetlands within fifty feet (50’) of the parcel
23.2.2.6 Location of existing and proposed buildings and intended uses thereof as well as the length, width, and height of
each building and typical elevation views of proposed structures
23.2.2.7 Proposed location of accessory structures, buildings and uses, including all flagpoles, light poles, bulkheads, docks,
storage sheds, transformers, air conditioners, generators and similar equipment, and the method of screening where
applicable
23.2.2.8 Location of existing public roads, rights-of-way and private easements of record and abutting streets - Notation of
existing traffic counts and trip generation estimates may be required if deemed appropriate by the Zoning Administrator
or Planning Commission.
23.2.2.9 Location of and dimensions of proposed streets, drives, curb cuts and access easements, as well as acceleration,
deceleration and passing lanes (if any) serving the development - Details of entryway and sign locations shall be
separately depicted with an elevation view.
23.2.2.10 Location, design, and dimensions of existing and/or proposed curbing, barrier free access, carports, parking areas
(including indication of all spaces and method of surfacing) and fire lanes
23.2.2.11 Location, size and characteristics of all loading and unloading areas
23.2.2.12 Location and design of all sidewalks, walkways, bicycle paths and areas for public use
23.2.2.13 Location of water supply lines and/or wells, including fire hydrants and shut off valves and the location and design
of storm sewers, retention or detention ponds, waste water lines, clean-out locations, connection points and treatment
systems, including septic systems if applicable
23.2.2.14 Location of all other utilities on the site including natural gas, electric, cable TV, telephone and steam
23.2.2.15 Proposed location, dimensions and details of common open spaces and common facilities such as community
buildings or swimming pools if applicable
23.2.2.16 Location, size and specifications of all signs and advertising features with elevation views from front and side

92
Exhibit 13

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

23.2.2.17 Exterior lighting locations with area of illumination illustrated as well as the type of fixtures and shielding to be
used
23.2.2.18 Location and specifications for all fences, walls and other screening features with elevation views from front and
side
23.2.2.19 Location and specifications for all proposed perimeter and internal landscaping and other buffering features - For
each new landscape material, the proposed size at the time of planting must be indicated. All vegetation to be retained on
the site must also be indicated, as well as its typical size by general location or range of sizes as appropriate.
23.2.2.20 Location, size of all trash receptacles and other solid waste disposal facilities
23.2.2.21 Location and specifications for any existing or proposed above or below ground storage facilities for any
chemicals, salts, flammable materials or hazardous materials as well as any containment structures or clear zones required
by government authorities.
23.2.2.22 Identification of any significant site amenities or unique natural features
23.2.2.23 Identification of any significant views onto or from the site to or from adjoining areas
23.2.2.24 North arrow, scale and date of original submittal and last revision
23.2.2.25 Seal of the registered engineer, architect, landscape architect, surveyor or planner who prepared the site plan
All site plans shall be sealed by a professional engineer, surveyor, architect or landscape architect. In the immediate area of the
seal there shall also be the following statement, signed by the professional sealing the plans:
I do hereby certify that these plans have been prepared under my sustained review and, to the best of my professional
knowledge, understanding and information; the design of this project is in compliance with the Otsego County Zoning
Ordinance dated ____________.
OR
I do hereby certify that these plans have been prepared under my sustained review and, to the best of my professional
knowledge, understanding and information, the design of this project is in compliance with the Otsego County Zoning
Ordinance dated ____________, except for the following items: (list known variations from the ordinance)
23.2.3 All projects requiring a site plan shall also require that the professional in charge of the project inspect and certify that the
project has been constructed in accordance with the approved plans. The following format shall be used:
FORM FOR CONSULTANT'S CERTIFICATE
Date____________________________________________
Project name_____________________________________
Section _____, T____N, R____W, ___________________Township,
Otsego County, Michigan.
I hereby certify that construction of
________________________________________________
is complete and that:
1. I have personally directed the supervision or inspection of the construction.
(seal)

2. To the best of my professional knowledge, understanding and information, all
improvements to date have been installed in accordance with the special use
permit.
3. The project meets all requirements of the Otsego County Zoning Ordinance.
Signed___________________________________________
Registered Professional Engineer (or Surveyor, Architect or Landscape Architect)

23.2.4 The Planning Commission or Zoning Administrator may waive any site plan
submittal requirement when any of the following circumstances are found to be in
existence:
23.2.4.1 The data will serve no useful purpose. Circumstances have not significantly changed on the property since the last
time detailed information on the site was submitted. Another reasonable circumstance or condition exists (not including
the cost of complying).
23.2.5 Application fees must be paid when the application is submitted and sufficient escrow accounts may be established to
cover the projected review costs.

93
Exhibit 13

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

SECTION 23.3 PRE-APPLICATION CONFERENCE
A pre-application conference is not mandatory, but it is strongly advised. During this conceptual review phase, a generalized
site plan is presented by a prospective applicant for consideration of the overall idea of the development. Basic questions of use,
density, integration with existing development in the area and impacts on and the availability of public infrastructure are
discussed. This conference is scheduled by a prospective applicant with the Zoning Administrator and such other
representatives as described in the Planning Commission bylaws. At this meeting the applicant or his/her representative is also
presented with the applicable procedures required by the Ordinance for approval of the proposed development and with any
special problems or steps that might have to be followed, such as requests to the Board of Appeals for a variance. There is no
charge or fee to the applicant for this meeting.
SECTION 23.4 AGENCY REVIEW
The applicant shall submit a copy of required site plans and a blank comment form supplied by the Otsego County Zoning
Administrator to designated Federal, State and Local agencies and departments for review as determined and requested by the
Planning Commission or Zoning Administrator.
The applicant may be requested to submit site plans to one or more of the following agencies: the Otsego County Road
Commission; the Michigan Department of Transportation; the Michigan State Police, the Otsego County Sheriff; the
Otsego County Conservation District; the District Health Department; the Fire Department having jurisdiction; the Michigan
Department of Natural Resources; the Michigan Department of Environmental Quality; the Otsego County Airport; or any other
agency or department deemed necessary. After delivery of the application, site plans and comment forms, the applicant should
submit proof of delivery to the Otsego County Zoning Administrator. Comments not received from reviewing agencies by the
Zoning Administrator within fifteen (15) of days of delivery shall be considered approved without comment.
SECTION 23.5 APPROVAL AUTHORITY
The Zoning Administrator shall review the application and information submitted to determine if all required information was
supplied. If he/she determines that all required information has not been supplied, a written notification to the applicant will be
sent, citing the deficiencies. The application for site plan review cannot proceed until all requirements have been satisfied.
The Zoning Administrator shall review and act upon site plans except where a Special Use Permit is required. Site plans for
Special Use Permit shall be forwarded by the Zoning Administrator to the Planning Commission for review and action. In
addition, at the request of the Zoning Administrator or Planning Commission, a site plan for a Principal Permitted Use may be
submitted for Planning Commission review before final action by the Zoning Administrator. The Zoning Administrator and
Planning Commission have the authority to approve, deny or grant conditional approval for any site plan submitted under the
provisions of this ordinance. The Zoning Administrator may hold or the Planning Commission may table a site plan, pending
further information or addition, reasonably needed to complete a site plan or comply with requirements of this Ordinance.
SECTION 23.6 CONDITIONAL APPROVALS
23.6.1 The Planning Commission or Zoning Administrator may condition approval of a site plan on conformance with the
standards of this ordinance.
23.6.2 The Planning Commission or Zoning Administrator may condition approval of a site plan on conformance with the
standards of another local, county or state agency, including a Water and Sewer Department, County Drain Commission,
County Road Commission, State Highway Commission or Natural Resources Department. They may do so when such
conditions:
23.6.2.1 Would insure that public services and facilities affected by a proposed land use or activity will be capable of
accommodating increased service and facility loads caused by the land use or activity;
23.6.2.2 Would protect the natural environment and conserve natural resources and energy;
23.6.2.3 Would insure compatibility with adjacent uses of land, and would promote the use of land in a socially and
economically desirable manner.
23.6.3 The Planning Commission and/or Zoning Administrator may conditionally approve a site plan on conformance with
fencing, screening, buffering or landscaping requirements of Article 21.10 and 21.18 of this Ordinance and may collect a
performance guarantee consistent with the requirements of Article 23.8, to insure conformance. When so doing, the
following finding shall be made and documented as part of the review process:
23.6.3.1 That such fencing, screening, buffering or landscaping would mitigate negative effects of noise, dust, lighting,
vehicular or pedestrian traffic, loading or unloading, parking or other similar impact on adjoining parcels;
23.6.3.2 that absent such conditions, the development would adversely affect the reasonable use, enjoyment and value of
adjoining lands in light of similar benefits enjoyed by other properties in the area.

94
Exhibit 13

Otsego County Planning Commission
Proposed Minutes for April 20, 2026

SECTION 23.7 DISTRIBUTION OF APPROVED SITE PLAN
When a site plan is reviewed and approved or disapproved by the Planning Commission or Zoning Administrator, and all steps
completed, two (2) copies of the site plan will be marked by the Planning Commission for the following distribution.
23.7.1 One (1) copy returned to the applicant signed by the Chairperson of the Planning Commission or by the Zoning
Administrator including any conditions of approval.
23.7.2 One (1) copy forwarded to the Zoning Administrator including any conditions of approval.
SECTION 23.8 CONFORMITY TO APPROVED SITE PLAN REQUIRED
Following final approval of a site plan by the Zoning Administrator or the Planning Commission, the applicant shall construct
the site plan improvements in complete conformity with the approved plan.
Failure to do so is a violation of this ordinance and subject to the sanctions provided herein.
SECTION 23.9 SITE PLAN EXPIRATION AND REVOCATION
23.9.1 Failure to initiate construction of an approved site plan within three hundred sixty-five (365) days of approval shall
require the applicant to appear before the Planning Commission and demonstrate why the approval should not be revoked.
After this appearance the Planning Commission may revoke a previously approved site plan for property on which no
physical development activity has occurred upon making written findings that one or more of the following circumstances
exist:
23.9.1.1 An error in the original approval is discovered either because of inaccurate information supplied by the applicant or
administrative error by a staff member or other agency;
23.9.1.2 Zoning regulations applicable to the project have been changed and the previously approved site plan does not
comply with them;
23.9.1.3 A change in state law, local charter, or other local ordinance affecting the previous approval has occurred;
23.9.1.4 Pollution, impairment or destruction of the environment or to another legally protected public interest would occur if
the project were to be constructed as previously approved.
23.9.2 Thirty (30) days prior to expiration of an approved site plan, an applicant may make application for a one (1) year
extension of the site plan at no fee. The applicant shall explain in writing why the development has not proceeded, what the
current time frame is and why an extension should be granted. If the original approval of the site plan was by the Planning
Commission, the applicant shall present his/her case in person or by representative at the next meeting of the Planning
Commission.
23.9.3 Revocation of an approved site plan shall be communicated in writing by certified mail to the property owner. The
Building Inspector shall also be notified to withhold any building permit until a new site plan is approved.
23.9.4 Any subsequent re-submittal shall be processed as a new request with new fees, except for minor amendments pursuant to
Subsection 23.11 below.
SECTION 23.10 PERFORMANCE GUARANTEE REQUIRED
In the interest of insuring compliance with the Zoning Ordinance provisions, protecting the natural resources and the health,
safety and welfare of the residents of Otsego County and future users or inhabitants of an area for which a site plan for a
proposed use has been submitted, the Planning Commission or Zoning Administrator may require the applicant to deposit a
performance guarantee as regulated by Article 25.6. The purpose of the performance guarantee is to insure completion of
improvements connected with the proposed use as required by this Ordinance, including, roadways, lighting, utilities, sidewalks,
drainage, fences, screens, walls, landscaping and any other required improvements.
SECTION 23.11 MINOR AMENDMENTS TO APPROVED SITE PLANS
Minor Amendments to a site plan may be approved by the Zoning Administrator provided that such changes conform to the
Zoning Ordinance and the applicant agrees. No additional fees will be charged for minor amendments. Minor changes to an
approved site plan may be approved by the Zoning Administrator before or after construction has begun provided no such
change results in any of the following:
23.11.1
•
A change in the use or character of the development
•
An increase in overall coverage of structures
•
An increase in the intensity of use
•
A reduction in required open space
•
A reduction in required off-street parking and loading

95
Exhibit 13

Otsego County Planning Commission
•
•

Proposed Minutes for April 20, 2026

A reduction in required pavement widths or utility pipe sizes
An increase in traffic on public streets or an increase in the burden on public utilities or services

23.11.2 The following are minor amendments:
23.11.2.1 Moving building walls within the confines of the smallest rectangle that would have enclosed each original
approved building(s) - Relocation of building entrances or exits, or shortening of building canopies
23.11.2.2 The changing to a more restricted use provided there is no reduction in the amount of off-street parking as
originally provided
23.11.2.3 Changing the angle of parking or aisle width provided there is no reduction in the amount of required off-street
parking or a reduction of aisle width below ordinance requirements
23.11.2.4 Moving of ingress and egress drives a distance of not more than one hundred feet (100’) if required by the
appropriate state, county or other local road authority with jurisdiction
23.11.2.5 Substituting landscape plan species provided a nurseryman, landscape architect, engineer or architect certifies the
substituted species is similar in nature and screening effects
23.11.2.6 Change type and design of lighting fixtures provided an engineer or architect certifies there will be no change in
the intensity of light at the property boundary
23.11.2.7 Increase peripheral yards
23.11.2.8 Changing the location of an exterior building wall or location not more than ten feet (10’) because of a natural
impediment or hazard such as bedrock or muck soils, provided that in so doing no setback requirement of the Ordinance
is violated and no significant reduction in safety or in the amount of open space is thereby affected
23.11.3 If a proposed amendment to an approved site plan does not qualify as a minor change, a new site plan and application
and fees in accordance with the provisions of Article 23 must be submitted. This provision is not to be construed to prohibit
phased development of a project, provided that each phase is developed in accordance with an approved site plan.

***Site Plan Review: Previous Approval granted for Existing Buildings Only – Existing Buildings have been
remodeled and additional New Buildings constructed – Permits required for ALL buildings

96
Exhibit 13

Otsego County Planning Commission
Proposed Minutes for April 20, 2026
FINDINGS UNDER ARTICLE 19/ SECTION 19.7 STANDARDS FOR SPECIAL LAND USE APPROVAL
SECTION 19.7 STANDARDS FOR SPECIAL LAND USE APPROVAL
19.7.1 The property subject to the application is located in a zoning district in which the proposed special land use is allowed.
HAS – HAS NOT BEEN MET
19.7.2 The proposed special land use will not involve uses, activities, processes, materials or equipment that will create a
substantially negative impact on the natural resources of the county or the natural environment as a whole.
HAS – HAS NOT BEEN MET
19.7.3 The proposed special land use will not involve uses, activities, processes, materials or equipment that will create a
substantially negative impact on other conforming properties in the area by reason of traffic, noise, smoke, fumes, glare,
odors or the accumulation of scrap material that can be seen from any public highway or seen from any adjoining land
owned by another person.
HAS – HAS NOT BEEN MET
19.7.4 The proposed special land used will be designed, constructed, operated and maintained so as not to diminish the
opportunity for the surrounding properties to be used and developed as zoned.
HAS – HAS NOT BEEN MET
19.7.5 The proposed special land use will not place demands on fire, police or other public resources in excess of current
capacity.
HAS – HAS NOT BEEN MET
19.7.6 The proposed special land use will be adequately served by public or private streets, water and sewer facilities and
refuse collection and disposal services.
HAS – HAS NOT BEEN MET
19.7.7 If the proposed special land use includes more than fifteen thousand square feet (15,000 sq ft) of impervious surface,
then the storm water management system employed by the use shall (i) preserve the natural drainage characteristics of
the site and enhance the aesthetics of the site to the extent possible, (ii) employ storm water disposal through evaporation
and infiltration when reasonably possible, (iii) shall not discharge storm water directly to wetlands or surface waters
unless there is no other prudent or reasonably feasible means of discharge, (iv) shall not serve to increase the quantity of
rate of discharge leaving the property based on 25-year storm criteria, (v) shall be designed using Best Management
Practices identified by the DNR or its successor agency, and (vi) shall identify the party responsible for maintenance of
the storm water management system.
HAS – HAS NOT BEEN MET
19.7.8 The proposed special land use complies with all specific standards required under this Ordinance applicable to it.
HAS – HAS NOT BEEN MET
SECTION 19.8 - CONDITIONS
The Planning Commission may attach reasonable conditions to the approval of a special use permit. These conditions may
include those necessary to ensure that public services and facilities affected by a proposed special land use will be capable of
accommodating increased service and facility loads caused by the special land use, to protect the natural environment and
conserve natural resources and energy, to insure compatibility with adjacent uses of land and to promote the use of land in a
socially and economically desirable manner. Any conditions imposed, however, shall meet all the following requirements.
19.8.1 Be designed to protect natural resources, the health, safety and welfare and the social and economic well-being of those
who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed
special land use and the community as a whole.
19.8.2 Be related to the valid exercise of the police power and purposes which are affected by the proposed special land use.
19.8.3 Be necessary to meet the intent and purpose of the zoning ordinance, be rated to the standards established in the
ordinance for the special land use under consideration and be necessary to ensure compliance with those standards.

97
Exhibit 13